81_FR_46856 81 FR 46719 - Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees as They Apply to the Equity Options Platform

81 FR 46719 - Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees as They Apply to the Equity Options Platform

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 137 (July 18, 2016)

Page Range46719-46721
FR Document2016-16848

Federal Register, Volume 81 Issue 137 (Monday, July 18, 2016)
[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)]
[Notices]
[Pages 46719-46721]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16848]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78304; File No. SR-BatsEDGX-2016-27]


Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change Related 
to Fees as They Apply to the Equity Options Platform

July 12, 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 July 1, 2016, Bats EDGX Exchange, Inc. (the ``Exchange'' or 
``EDGX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II 
and III below, which Items have been prepared by the Exchange. The 
Exchange has designated the proposed rule change as one establishing or 
changing a member due, fee, or other charge imposed by the Exchange 
under section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) 
thereunder,\4\ which renders the proposed rule change effective upon 
filing with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

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

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

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

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

1. Purpose
    The Exchange proposes to amend its fee schedule for its equity 
options platform (``EDGX Options'') to: (1) Modify the criteria to 
qualify for the Customer Volume Tier 1 under footnote 1; and (2) delete 
the NBBO Setter/Joiner Tier under footnote 3.
Customer Volume Tier 1
    In addition to the standard rebate provided to all Customer \6\ 
orders, the Exchange offers six separate Customer Volume Tiers under 
footnote 1, each providing an enhanced rebate ranging from $0.10 to 
$0.21 [sic] per contract to Customer orders that yield fee codes PC \7\ 
or NC \8\ upon satisfying the respective tier's monthly volume 
criteria. Pursuant to Customer Volume Tier 1, the lowest volume tier, a 
Member currently receives a rebate of $0.10 per contract where the 
Member has an ADV \9\ in Customer orders equal to or greater than 0.20% 
of average TCV.\10\ In order to further incentive the entry of Customer 
orders, the Exchange proposes

[[Page 46720]]

to ease the criteria necessary to qualify for the Customer Volume Tier 
1 by reducing the tier's ADV requirement. Specifically, to receive an 
enhanced rebate of $0.10 per contract, Members must have an ADV in 
Customer orders equal to or greater than 0.15% of average TCV, rather 
than 0.20% of TCV as required today.
---------------------------------------------------------------------------

    \6\ ``Customer'' applies to any transaction identified by a 
Member for clearing in the Customer range at the OCC, excluding any 
transaction for a Broker Dealer or a ``Professional'' as defined in 
Exchange Rule 16.1. See the Exchange's fee schedule.
    \7\ Fee code PC is yielded to Customer orders in Penny Pilot 
Securities. See the Exchange's fee schedule.
    \8\ Fee code NC is yielded to Customer orders in Non-Penny Pilot 
Securities. See the Exchange's fee schedule.
    \9\ ``ADV'' means average daily volume calculated as the number 
of contracts added or removed, combined, per day. See the Exchange's 
fee schedule.
    \10\ ``TCV'' means total consolidated volume calculated as the 
volume reported by all exchanges to the consolidated transaction 
reporting plan for the month for which the fees apply, excluding 
volume on any day that the Exchange experiences an Exchange System 
Disruption and on any day with a scheduled early market close. See 
the Exchange's fee schedule.
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NBBO Setter/Joiner Tier
    The NBBO Setter/Joiner Tier was adopted to incentivize Market 
Makers on EDGX Options to enter quotations at the National Best Bid and 
Offer (``NBBO'') by providing an additional rebate of $0.02 per 
contract to Market Maker \11\ orders that added liquidity and 
established a new NBBO or joined the existing NBBO when EDGX Options is 
not already at the NBBO. The Exchange is proposing to eliminate the 
tier because the rebate has not achieved the desired effect, despite 
being designed to incentivize Members to add liquidity that sets or 
joins the Exchange to the NBBO. As such, the Exchange is proposing to 
eliminate the text in footnote three related to the NBBO Setter and 
Joiner Tier. In connection with this change the Exchange proposes to 
remove footnote 3 to fee codes NM \12\ and PM.\13\
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    \11\ ``Market Maker'' applies to any transaction identified by a 
Member for clearing in the Market Maker range at the OCC, where such 
Member is registered with the Exchange as a Market Maker as defined 
in Rule 16.1(a)(37). See the Exchange's fee schedule.
    \12\ Fee code NM is yielded to Market Maker orders in Non-Penny 
Pilot Securities. See the Exchange's fee schedule.
    \13\ Fee code PM is yielded to Market Maker orders in Non-Penny 
[sic] Pilot Securities. See the Exchange's fee schedule.
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Implementation Date
    The Exchange proposes to implement these amendments to its fee 
schedule on July 1, 2016.
2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent 
with the requirements of the Act and the rules and regulations 
thereunder that are applicable to a national securities exchange, and, 
in particular, with the requirements of section 6 of the Act.\14\ 
Specifically, the Exchange believes that the proposed rule changes are 
consistent with section 6(b)(4) of the Act,\15\ in that it provides for 
the equitable allocation of reasonable dues, fees and other charges 
among members and other persons using any facility or system which the 
Exchange operates or controls.
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    \14\ 15 U.S.C. 78f.
    \15\ 15 U.S.C. 78f(b)(4).
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Customer Volume Tier 1
    The Exchange believes that the proposed modifications to the 
Customer Volume Tier 1 is reasonable, fair and equitable, and non-
discriminatory. Volume-based rebates such as those currently maintained 
on the Exchange have been widely adopted by 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 
the value of an exchange's market quality associated with higher levels 
of market activity, such as higher levels of liquidity provision and/or 
growth patterns, and introduction of higher volumes of orders into the 
price and volume discovery processes. The proposed modification to ease 
the criteria required to qualify for current Customer Volume Tier 1 is 
intended to incentivize Members to send additional Customer orders to 
the Exchange in an effort to qualify for the enhanced rebate made 
available by the tier.
NBBO Setter and Joiner Tiers
    The Exchange believes that the proposed elimination of the NBBO 
Setter and Joiner Tier represents an equitable allocation of reasonable 
dues, fees, and other charges among Members and other persons using its 
facilities because, as described above, the additional rebates offered 
under these tiers are not affecting Members' behavior in the manner 
originally conceived by the Exchange. While the Exchange acknowledges 
the benefit of Members entering orders that set or join the NBBO, the 
Exchange has generally determined that it is providing additional 
rebates for liquidity that would be added on the Exchange regardless of 
whether the tiers existed. By paying these rebates, the Exchange is not 
only offering rebates for orders that would set or join the NBBO 
without being incentivized to do so, but also missing out on the 
opportunity to offer other rebates or reduced fees that could 
incentivize other behavior that would enhance market quality on the 
Exchange, which would benefit all Members. As such, the Exchange also 
believes that the proposed elimination of the NBBO Setter and Joiner 
Tier would be non-discriminatory in that it currently applies equally 
to all Members and, upon elimination, would no longer be available to 
any Members. Further, it will allow the Exchange to explore other ways 
in which it may enhance market quality for all Members.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange believes the proposed amendments to its fee schedule 
would not impose any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act.
Customer Volume Tier 1
    The Exchange does not believe that the proposed change represents a 
significant departure from previous pricing offered by the Exchange or 
pricing offered by the Exchange's competitors. Rather, the proposal is 
a competitive proposal that is seeking to further the growth of the 
Exchange. The Exchange has structured the proposed amendment to the 
tier to attract certain additional volume in Customer orders, however, 
the Exchange believes that its pricing for all capacities is 
competitive with that offered by other options exchanges. Additionally, 
Members may opt to disfavor the Exchange's pricing if they believe that 
alternatives offer them better value. Accordingly, the Exchange does 
not believe that the proposed change will impair the ability of Members 
or competing venues to maintain their competitive standing in the 
financial markets.
NBBO Setter and Joiner Tier
    The Exchange does not believe that its proposal to eliminate the 
NBBO Setter and Joiner Tier would burden competition, but, rather, 
enhance the Exchange's ability to compete with other market centers. As 
described above, the Exchange believes that it is offering enhanced 
rebates for orders that would be submitted to the Exchange without the 
enhanced rebate, which prevents the Exchange from being able to offer 
other rebates or reduced fees that might be able to enhance market 
quality to the benefit of all Members. As such, eliminating the NBBO 
Setter and Joiner Tier will allow the Exchange other opportunities to 
enhance market quality on the Exchange and ultimately, better compete 
with other market centers.

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

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

[[Page 46721]]

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-2016-27 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-2016-27. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing will also be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-BatsEDGX-2016-27 and should 
be submitted on or before August 8, 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. 2016-16848 Filed 7-15-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                    Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Notices                                                        46719

                                                    Delivery as a permanent product. ld. at                    By the Commission.                                    II. Self-Regulatory Organization’s
                                                    1–2.                                                     Stacy L. Ruble,                                         Statement of the Purpose of, and
                                                       The Customized Delivery market test                   Secretary.                                              Statutory Basis for, the Proposed Rule
                                                    is currently scheduled to expire on                      [FR Doc. 2016–16823 Filed 7–15–16; 8:45 am]             Change
                                                    October 31, 2016. Id. at 1. In the                       BILLING CODE 7710–FW–P                                     In its filing with the Commission, the
                                                    Request, the Postal Service requests to                                                                          Exchange included statements
                                                    extend the market test for one additional                                                                        concerning the purpose of and basis for
                                                    year, until October 31, 2017, and to                                                                             the proposed rule change and discussed
                                                    expand the market test into other                        SECURITIES AND EXCHANGE                                 any comments it received on the
                                                    metropolitan areas. Id. at 1–2. The                      COMMISSION                                              proposed rule change. The text of these
                                                    Postal Service represents that all other                                                                         statements may be examined at the
                                                    aspects of the Customized Delivery                       [Release No. 34–78304; File No. SR-
                                                                                                                                                                     places specified in Item IV below. The
                                                    market test remain unchanged and                         BatsEDGX–2016–27]                                       Exchange has prepared summaries, set
                                                    comply with 39 U.S.C. 3641 and Order                                                                             forth in sections A, B, and C below, of
                                                    No. 2224. ld. at 2.                                      Self-Regulatory Organizations; Bats                     the most significant parts of such
                                                                                                             EDGX Exchange, Inc.; Notice of Filing                   statements.
                                                    II. Notice of Filing and Designation of
                                                    Substitute Public Representative                         and Immediate Effectiveness of a                        (A) Self-Regulatory Organization’s
                                                                                                             Proposed Rule Change Related to Fees                    Statement of the Purpose of, and
                                                       The Commission reopens Docket No.                     as They Apply to the Equity Options                     Statutory Basis for, the Proposed Rule
                                                    MT2014–1 to consider matters raised by                   Platform                                                Change
                                                    the Postal Service’s Request. The
                                                                                                             July 12, 2016.                                          1. Purpose
                                                    Commission invites comments on
                                                    whether the Request complies with                           Pursuant to section 19(b)(1) of the                     The Exchange proposes to amend its
                                                    applicable statutory and regulatory                      Securities Exchange Act of 1934 (the                    fee schedule for its equity options
                                                    requirements, including 39 U.S.C. 3641,                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  platform (‘‘EDGX Options’’) to: (1)
                                                    39 CFR part 3035, and Order No. 2224.                    notice is hereby given that on July 1,                  Modify the criteria to qualify for the
                                                    Comments are due no later than July 27,                  2016, Bats EDGX Exchange, Inc. (the                     Customer Volume Tier 1 under footnote
                                                    2016. The public portions of these                       ‘‘Exchange’’ or ‘‘EDGX’’) filed with the                1; and (2) delete the NBBO Setter/Joiner
                                                    filings can be accessed via the                          Securities and Exchange Commission                      Tier under footnote 3.
                                                    Commission’s Web site (http://                           (‘‘Commission’’) the proposed rule                      Customer Volume Tier 1
                                                    www.prc.gov).                                            change as described in Items I, II and III
                                                                                                             below, which Items have been prepared                      In addition to the standard rebate
                                                       39 U.S.C. 505 requires the                                                                                    provided to all Customer 6 orders, the
                                                    Commission to designate an officer of                    by the Exchange. The Exchange has
                                                                                                             designated the proposed rule change as                  Exchange offers six separate Customer
                                                    the Commission to represent the                                                                                  Volume Tiers under footnote 1, each
                                                    interests of the general public in all                   one establishing or changing a member
                                                                                                             due, fee, or other charge imposed by the                providing an enhanced rebate ranging
                                                    public proceedings (Public                                                                                       from $0.10 to $0.21 [sic] per contract to
                                                    Representative). The Public                              Exchange under section 19(b)(3)(A)(ii)
                                                                                                             of the Act 3 and Rule 19b–4(f)(2)                       Customer orders that yield fee codes
                                                    Representative previously designated in                                                                          PC 7 or NC 8 upon satisfying the
                                                    Order No. 2197 is no longer able to                      thereunder,4 which renders the
                                                                                                             proposed rule change effective upon                     respective tier’s monthly volume
                                                    serve.3 In light of that circumstance, the                                                                       criteria. Pursuant to Customer Volume
                                                    Commission designates Lauren A.                          filing with the Commission. The
                                                                                                             Commission is publishing this notice to                 Tier 1, the lowest volume tier, a Member
                                                    D’Agostino to serve as the substitute                                                                            currently receives a rebate of $0.10 per
                                                    Public Representative to represent the                   solicit comments on the proposed rule
                                                                                                             change from interested persons.                         contract where the Member has an
                                                    interests of the general public in this                                                                          ADV 9 in Customer orders equal to or
                                                    docket.                                                  I. Self-Regulatory Organization’s                       greater than 0.20% of average TCV.10 In
                                                    III. Ordering Paragraphs                                 Statement of the Terms of Substance of                  order to further incentive the entry of
                                                                                                             the Proposed Rule Change                                Customer orders, the Exchange proposes
                                                      It is ordered:
                                                                                                                The Exchange filed a proposal to                       6 ‘‘Customer’’ applies to any transaction identified
                                                      1. The Commission reopens Docket                       amend the fee schedule applicable to                    by a Member for clearing in the Customer range at
                                                    No. MT2014–1 to consider matters                         Members 5 and non-members of the                        the OCC, excluding any transaction for a Broker
                                                    raised by the Postal Service’s Request.                  Exchange pursuant to EDGX Rules                         Dealer or a ‘‘Professional’’ as defined in Exchange
                                                                                                                                                                     Rule 16.1. See the Exchange’s fee schedule.
                                                      2. Pursuant to 39 U.S.C. 505, the                      15.1(a) and (c).                                          7 Fee code PC is yielded to Customer orders in
                                                    Commission designates Lauren A.                             The text of the proposed rule change                 Penny Pilot Securities. See the Exchange’s fee
                                                    D’Agostino to serve as the substitute                    is available at the Exchange’s Web site                 schedule.
                                                    Public Representative to represent the                   at www.batstrading.com, at the
                                                                                                                                                                       8 Fee code NC is yielded to Customer orders in

                                                    interests of the general public in this                                                                          Non-Penny Pilot Securities. See the Exchange’s fee
                                                                                                             principal office of the Exchange, and at                schedule.
                                                    docket.                                                  the Commission’s Public Reference                         9 ‘‘ADV’’ means average daily volume calculated

                                                      3. Comments are due no later than                      Room.                                                   as the number of contracts added or removed,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    July 27, 2016.                                                                                                   combined, per day. See the Exchange’s fee
                                                                                                                  1 15
                                                                                                                                                                     schedule.
                                                      4. The Secretary shall arrange for                            U.S.C. 78s(b)(1).                                  10 ‘‘TCV’’ means total consolidated volume
                                                                                                                  2 17
                                                                                                                    CFR 240.19b–4.
                                                    publication of this order in the Federal                   3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                                                                                                                                     calculated as the volume reported by all exchanges
                                                    Register.                                                                                                        to the consolidated transaction reporting plan for
                                                                                                               4 17 CFR 240.19b–4(f)(2).
                                                                                                                                                                     the month for which the fees apply, excluding
                                                                                                               5 The term ‘‘Member’’ is defined as ‘‘any             volume on any day that the Exchange experiences
                                                      3 See Notice and Order Concerning Market Test          registered broker or dealer that has been admitted      an Exchange System Disruption and on any day
                                                    of Experimental Product—Customized Delivery,             to membership in the Exchange.’’ See Exchange           with a scheduled early market close. See the
                                                    September 25, 2014, at 4 (Order No. 2197).               Rule 1.5(n).                                            Exchange’s fee schedule.



                                               VerDate Sep<11>2014   17:52 Jul 15, 2016   Jkt 238001   PO 00000     Frm 00080   Fmt 4703   Sfmt 4703   E:\FR\FM\18JYN1.SGM   18JYN1


                                                    46720                           Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Notices

                                                    to ease the criteria necessary to qualify                which the Exchange operates or                        (B) Self-Regulatory Organization’s
                                                    for the Customer Volume Tier 1 by                        controls.                                             Statement on Burden on Competition
                                                    reducing the tier’s ADV requirement.
                                                                                                             Customer Volume Tier 1                                  The Exchange believes the proposed
                                                    Specifically, to receive an enhanced
                                                    rebate of $0.10 per contract, Members                       The Exchange believes that the                     amendments to its fee schedule would
                                                    must have an ADV in Customer orders                      proposed modifications to the Customer                not impose any burden on competition
                                                    equal to or greater than 0.15% of                        Volume Tier 1 is reasonable, fair and                 that is not necessary or appropriate in
                                                    average TCV, rather than 0.20% of TCV                    equitable, and non-discriminatory.                    furtherance of the purposes of the Act.
                                                    as required today.                                       Volume-based rebates such as those                    Customer Volume Tier 1
                                                                                                             currently maintained on the Exchange
                                                    NBBO Setter/Joiner Tier                                  have been widely adopted by options                     The Exchange does not believe that
                                                       The NBBO Setter/Joiner Tier was                       exchanges and are equitable because                   the proposed change represents a
                                                    adopted to incentivize Market Makers                     they are open to all Members on an                    significant departure from previous
                                                    on EDGX Options to enter quotations at                   equal basis and provide additional                    pricing offered by the Exchange or
                                                    the National Best Bid and Offer                          benefits or discounts that are reasonably             pricing offered by the Exchange’s
                                                    (‘‘NBBO’’) by providing an additional                    related to the value of an exchange’s                 competitors. Rather, the proposal is a
                                                    rebate of $0.02 per contract to Market                   market quality associated with higher                 competitive proposal that is seeking to
                                                    Maker 11 orders that added liquidity and                 levels of market activity, such as higher             further the growth of the Exchange. The
                                                    established a new NBBO or joined the                     levels of liquidity provision and/or                  Exchange has structured the proposed
                                                    existing NBBO when EDGX Options is                       growth patterns, and introduction of                  amendment to the tier to attract certain
                                                    not already at the NBBO. The Exchange                    higher volumes of orders into the price               additional volume in Customer orders,
                                                    is proposing to eliminate the tier                       and volume discovery processes. The                   however, the Exchange believes that its
                                                    because the rebate has not achieved the                  proposed modification to ease the                     pricing for all capacities is competitive
                                                    desired effect, despite being designed to                criteria required to qualify for current              with that offered by other options
                                                    incentivize Members to add liquidity                     Customer Volume Tier 1 is intended to
                                                                                                                                                                   exchanges. Additionally, Members may
                                                    that sets or joins the Exchange to the                   incentivize Members to send additional
                                                                                                                                                                   opt to disfavor the Exchange’s pricing if
                                                    NBBO. As such, the Exchange is                           Customer orders to the Exchange in an
                                                                                                                                                                   they believe that alternatives offer them
                                                    proposing to eliminate the text in                       effort to qualify for the enhanced rebate
                                                                                                             made available by the tier.                           better value. Accordingly, the Exchange
                                                    footnote three related to the NBBO                                                                             does not believe that the proposed
                                                    Setter and Joiner Tier. In connection                    NBBO Setter and Joiner Tiers                          change will impair the ability of
                                                    with this change the Exchange proposes                                                                         Members or competing venues to
                                                    to remove footnote 3 to fee codes NM 12                     The Exchange believes that the
                                                                                                             proposed elimination of the NBBO                      maintain their competitive standing in
                                                    and PM.13                                                                                                      the financial markets.
                                                                                                             Setter and Joiner Tier represents an
                                                    Implementation Date                                      equitable allocation of reasonable dues,              NBBO Setter and Joiner Tier
                                                                                                             fees, and other charges among Members
                                                      The Exchange proposes to implement                     and other persons using its facilities                  The Exchange does not believe that its
                                                    these amendments to its fee schedule on                  because, as described above, the                      proposal to eliminate the NBBO Setter
                                                    July 1, 2016.                                            additional rebates offered under these                and Joiner Tier would burden
                                                    2. Statutory Basis                                       tiers are not affecting Members’                      competition, but, rather, enhance the
                                                                                                             behavior in the manner originally                     Exchange’s ability to compete with
                                                       The Exchange believes that the                        conceived by the Exchange. While the                  other market centers. As described
                                                    proposed rule changes are consistent                     Exchange acknowledges the benefit of                  above, the Exchange believes that it is
                                                    with the requirements of the Act and the                 Members entering orders that set or join              offering enhanced rebates for orders that
                                                    rules and regulations thereunder that                    the NBBO, the Exchange has generally                  would be submitted to the Exchange
                                                    are applicable to a national securities                  determined that it is providing                       without the enhanced rebate, which
                                                    exchange, and, in particular, with the                   additional rebates for liquidity that                 prevents the Exchange from being able
                                                    requirements of section 6 of the Act.14                  would be added on the Exchange                        to offer other rebates or reduced fees
                                                    Specifically, the Exchange believes that                 regardless of whether the tiers existed.              that might be able to enhance market
                                                    the proposed rule changes are consistent                 By paying these rebates, the Exchange is              quality to the benefit of all Members. As
                                                    with section 6(b)(4) of the Act,15 in that               not only offering rebates for orders that             such, eliminating the NBBO Setter and
                                                    it provides for the equitable allocation                 would set or join the NBBO without                    Joiner Tier will allow the Exchange
                                                    of reasonable dues, fees and other                       being incentivized to do so, but also                 other opportunities to enhance market
                                                    charges among members and other                          missing out on the opportunity to offer               quality on the Exchange and ultimately,
                                                    persons using any facility or system                     other rebates or reduced fees that could
                                                                                                                                                                   better compete with other market
                                                                                                             incentivize other behavior that would
                                                                                                                                                                   centers.
                                                      11 ‘‘Market Maker’’ applies to any transaction         enhance market quality on the
                                                    identified by a Member for clearing in the Market        Exchange, which would benefit all                     (C) Self-Regulatory Organization’s
                                                    Maker range at the OCC, where such Member is             Members. As such, the Exchange also                   Statement on Comments on the
                                                    registered with the Exchange as a Market Maker as
                                                                                                             believes that the proposed elimination
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    defined in Rule 16.1(a)(37). See the Exchange’s fee                                                            Proposed Rule Change Received From
                                                    schedule.                                                of the NBBO Setter and Joiner Tier                    Members, Participants or Others
                                                      12 Fee code NM is yielded to Market Maker orders       would be non-discriminatory in that it
                                                    in Non-Penny Pilot Securities. See the Exchange’s        currently applies equally to all Members                The Exchange has not solicited, and
                                                    fee schedule.                                            and, upon elimination, would no longer                does not intend to solicit, comments on
                                                      13 Fee code PM is yielded to Market Maker orders
                                                                                                             be available to any Members. Further, it              this proposed rule change. The
                                                    in Non-Penny [sic] Pilot Securities. See the
                                                    Exchange’s fee schedule.                                 will allow the Exchange to explore other              Exchange has not received any written
                                                      14 15 U.S.C. 78f.                                      ways in which it may enhance market                   comments from members or other
                                                      15 15 U.S.C. 78f(b)(4).                                quality for all Members.                              interested parties.


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                                                                                    Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Notices                                                        46721

                                                    III. Date of Effectiveness of the                        inspection and copying at the principal                 II. Self-Regulatory Organization’s
                                                    Proposed Rule Change and Timing for                      office of the Exchange. All comments                    Statement of the Purpose of, and
                                                    Commission Action                                        received will be posted without change;                 Statutory Basis for, the Proposed Rule
                                                       The foregoing rule change has become                  the Commission does not edit personal                   Change
                                                    effective pursuant to section 19(b)(3)(A)                identifying information from
                                                                                                             submissions. You should submit only                       In its filing with the Commission, the
                                                    of the Act 16 and paragraph (f) of Rule
                                                                                                                                                                     Exchange included statements
                                                    19b–4 thereunder.17 At any time within                   information that you wish to make
                                                                                                                                                                     concerning the purpose of and basis for
                                                    60 days of the filing of the proposed rule               available publicly. All submissions
                                                                                                                                                                     the proposed rule change and discussed
                                                    change, the Commission summarily may                     should refer to File Number SR–
                                                    temporarily suspend such rule change if                                                                          any comments it received on the
                                                                                                             BatsEDGX–2016–27 and should be                          proposed rule change. The text of these
                                                    it appears to the Commission that such                   submitted on or before August 8, 2016.
                                                    action is necessary or appropriate in the                                                                        statements may be examined at the
                                                    public interest, for the protection of                     For the Commission, by the Division of                places specified in Item IV below. The
                                                    investors, or otherwise in furtherance of                Trading and Markets, pursuant to delegated              Exchange has prepared summaries, set
                                                                                                             authority.18                                            forth in sections A, B, and C below, of
                                                    the purposes of the Act.
                                                                                                             Robert W. Errett,                                       the most significant aspects of such
                                                    IV. Solicitation of Comments                             Deputy Secretary.                                       statements.
                                                      Interested persons are invited to                      [FR Doc. 2016–16848 Filed 7–15–16; 8:45 am]             A. Self-Regulatory Organization’s
                                                    submit written data, views, and                          BILLING CODE 8011–01–P                                  Statement of the Purpose of, and the
                                                    arguments concerning the foregoing,                                                                              Statutory Basis for, the Proposed Rule
                                                    including whether the proposed rule                                                                              Change
                                                    change is consistent with the Act.                       SECURITIES AND EXCHANGE
                                                    Comments may be submitted by any of                      COMMISSION                                              1. Purpose
                                                    the following methods:
                                                                                                                                                                        On March 21, 2016, the Exchange
                                                    Electronic Comments                                      [Release No. 34–78292; File No. SR–CBOE–                began offering Asian style settlement
                                                      • Use the Commission’s Internet                        2016–054]                                               and Cliquet style settlement for certain
                                                    comment form (http://www.sec.gov/                                                                                FLEX Broad-Based Index Options
                                                    rules/sro.shtml); or                                     Self-Regulatory Organizations;                          (‘‘Exotics’’).3 In conjunction with the
                                                      • Send an email to rule-comments@                      Chicago Board Options Exchange,                         adoption of FLEX Broad-Based Index
                                                    sec.gov. Please include File Number SR–                  Incorporated; Notice of Filing and                      Options with Asian or Cliquet style
                                                    BatsEDGX–2016–27 on the subject line.                    Immediate Effectiveness of a Proposed                   settlement, the Exchange adopted an
                                                                                                             Rule Change To Amend the Fees                           Exotic Surcharge of $0.25 to be assessed
                                                    Paper Comments
                                                                                                             Schedule                                                on all customer (‘‘C’’ origin code) Exotic
                                                       • Send paper comments in triplicate                                                                           contracts executed on CBOE. The
                                                    to Secretary, Securities and Exchange                    July 12, 2016.                                          Exchange proposes to decrease the
                                                    Commission, 100 F Street NE.,                               Pursuant to Section 19(b)(1) of the                  Exotic Surcharge of $0.25 to $0.03 for all
                                                    Washington, DC 20549–1090.                               Securities Exchange Act of 1934 (the                    customer XSP Exotic contracts executed
                                                    All submissions should refer to File                     ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  on CBOE. Particularly, the Exchange
                                                    Number SR–BatsEDGX–2016–27. This                         notice is hereby given that on July 1,                  notes that XSP options have 1⁄10 the
                                                    file number should be included on the                    2016, Chicago Board Options Exchange,                   value of S&P 500 Index (‘‘SPX’’) options.
                                                    subject line if email is used. To help the                                                                       As XSP has a smaller exercise and
                                                                                                             Incorporated (the ‘‘Exchange’’ or
                                                    Commission process and review your                                                                               assignment value due to the reduced
                                                                                                             ‘‘CBOE’’) filed with the Securities and
                                                    comments more efficiently, please use                                                                            number of shares they deliver as
                                                    only one method. The Commission will                     Exchange Commission (the
                                                                                                             ‘‘Commission’’) the proposed rule                       compared to standard SPX option
                                                    post all comments on the Commission’s                                                                            contracts, the Exchange is proposing a
                                                    Internet Web site (http://www.sec.gov/                   change as described in Items I, II, and
                                                                                                             III below, which Items have been                        lower per contract Exotic Surcharge.
                                                    rules/sro.shtml). Copies of the
                                                    submission, all subsequent                               prepared by the Exchange. The                           2. Statutory Basis
                                                    amendments, all written statements                       Commission is publishing this notice to
                                                    with respect to the proposed rule                        solicit comments on the proposed rule                      The Exchange believes the proposed
                                                    change that are filed with the                           change from interested persons.                         rule change is consistent with the
                                                    Commission, and all written                                                                                      Securities Exchange Act of 1934 (the
                                                                                                             I. Self-Regulatory Organization’s                       ‘‘Act’’) and the rules and regulations
                                                    communications relating to the
                                                    proposed rule change between the                         Statement of the Terms of Substance of                  thereunder applicable to the Exchange
                                                    Commission and any person, other than                    the Proposed Rule Change                                and, in particular, the requirements of
                                                    those that may be withheld from the                                                                              Section 6(b) of the Act.4 Specifically,
                                                                                                                The text of the proposed rule change                 the Exchange believes the proposed rule
                                                    public in accordance with the                            is available on the Exchange’s Web site
                                                    provisions of 5 U.S.C. 552, will be                                                                              change is consistent with the Section
                                                                                                             (http://www.cboe.com/AboutCBOE/
                                                    available for Web site viewing and                       CBOELegalRegulatoryHome.aspx), at                         3 In general, Asian style settlement provides for
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    printing in the Commission’s Public
                                                                                                             the Exchange’s Office of the Secretary,                 payout based on the average of prices of a broad-
                                                    Reference Room, 100 F Street NE.,                                                                                based index on pre-determined dates over a
                                                                                                             and at the Commission’s Public
                                                    Washington, DC 20549, on official                                                                                specified time period, and Cliquet style settlement
                                                    business days between the hours of                       Reference Room.                                         provides for a payout that is the greater of $0 or the
                                                    10:00 a.m. and 3:00 p.m. Copies of such                                                                          (positive) sum of ‘‘capped’’ monthly returns of a
                                                                                                                                                                     broad-based index on pre-determined dates over a
                                                    filing will also be available for                                                                                specified period of time. These settlement types are
                                                                                                                  18 17 CFR 200.30–3(a)(12).                         also referred to as ‘‘Exotics’’ due to their
                                                      16 15                                                       1 15 U.S.C. 78s(b)(1).
                                                            U.S.C. 78s(b)(3)(A).                                                                                     untraditional nature.
                                                      17 17 CFR 240.19b–4(f).                                     2 17 CFR 240.19b–4.                                  4 15 U.S.C. 78f(b).




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Document Created: 2016-07-16 02:28:04
Document Modified: 2016-07-16 02:28:04
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 46719 

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