81_FR_46875 81 FR 46738 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of Bats BZX Exchange, Inc.

81 FR 46738 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of Bats BZX Exchange, Inc.

SECURITIES AND EXCHANGE COMMISSION

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

Page Range46738-46739
FR Document2016-16850

Federal Register, Volume 81 Issue 137 (Monday, July 18, 2016)
[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)]
[Notices]
[Pages 46738-46739]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16850]



[[Page 46738]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78306; File No. SR-BatsBZX-2016-33]


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

July 12, 2016.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that, on July 1, 2016, Bats BZX Exchange, Inc. (the ``Exchange'' or 
``BZX'') 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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    \17\ 17 CFR 200.30-3(a)(12).
    \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 its Fee Schedule to adopt a 
new tier under footnote 1 called the Cross-Asset Add Volume Tier.
    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 to adopt a new tier 
under footnote 1 called the Cross-Asset Add Volume Tier.
    Currently, with respect to the Exchange's equities trading platform 
(``BZX Equities'') the Exchange determines the liquidity adding rebate 
that it will provide to Members using the Exchange's tiered pricing 
structure. Under such pricing structure, a Member will receive a rebate 
of anywhere between $0.0020 and $0.0034 per share executed, depending 
on the volume tier for which such Member qualifies. Included amongst 
the volume tiers offered by the Exchange are various tiers for purposes 
of BZX Equities pricing, which require participation on the Exchange's 
options platform (``BZX Options'') and are generally referred to as 
``Cross-Asset Tiers''. For instance, pursuant to current footnote 12 of 
the Fee Schedule, the Exchange offers a Cross-Asset Tape B Tier, which 
provides an enhanced rebate of $0.0028 [sic] per share on orders that 
add liquidity in Tape B securities submitted by Members with: (1) A 
Tape B Step-Up Add TCV \5\ from February 2015 equal to or greater than 
0.06%, and (2) Options Market Maker Add TCV \6\ equal to or greater 
than 0.75%.
---------------------------------------------------------------------------

    \5\ As defined in the Exchange's Fee Schedule.
    \6\ Id.
---------------------------------------------------------------------------

    In connection with the proposed tier described below, the Exchange 
proposes to adopt a definition for Options Customer Add TCV that is 
similar to the definition of Options Market Maker Add TCV set forth on 
the Exchange's Fee Schedule. As proposed, ``Options Customer Add TCV'' 
for purposes of equities pricing would mean ``ADAV resulting from 
Customer orders as a percentage of TCV, using the definitions of ADAV, 
Customer and TCV as provided under the Exchange's fee schedule for BZX 
Options.''
    The Exchange proposes to adopt a new tier under footnote 1 titled 
the ``Cross-Asset Add Volume Tier.'' Under the Cross-Asset Add Volume 
Tier, the Exchange is proposing to provide a rebate of $0.0028 per 
share to Members with: (1) An ADAV as a percentage of TCV equal to or 
greater than 0.15%; and (2) an Options Customer Add TCV equal to or 
greater than 0.10%. As is the case with any other rebates on the Fee 
Schedule, to the extent that a Member qualifies for higher rebates than 
those provided under the proposed Cross-Asset Add Volume Tier, the 
higher rebates shall apply.
Implementation Date
    The Exchange proposes to implement these amendments to its Fee 
Schedule immediately.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the objectives of section 6 of the Act,\7\ in general, and 
furthers the objectives of section 6(b)(4),\8\ 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 change reflects a competitive 
pricing structure designed to incent market participants to direct 
their order flow to the Exchange. The Exchange believes that the 
proposed tier is equitable and non-discriminatory in it would apply 
uniformly to all Members. The Exchange believes the rates remain 
competitive with those charged by other venues and, therefore, 
reasonable and equitably allocated to Members.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    Volume-based rebates and fees such as the proposed Cross-Asset Add 
Volume Tier 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 the value to 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 Exchange believes that the proposal to add a Cross-Asset Add 
Volume Tier is a reasonable, fair and equitable, and not unfairly 
discriminatory allocation of fees and rebates because it will provide 
Members with an additional incentive to reach certain thresholds on 
both BZX Equities and BZX Options. The increased liquidity from this 
proposal also benefits all investors by deepening the

[[Page 46739]]

BZX Equities and BZX Options liquidity pools, offering additional 
flexibility for all investors to enjoy cost savings, supporting the 
quality of price discovery, promoting market transparency and improving 
investor protection. Such pricing programs thereby reward a Member's 
growth pattern on the Exchange and such increased volume increases 
potential revenue to the Exchange, and will allow the Exchange to 
continue to provide and potentially expand the incentive programs 
operated by the Exchange. To the extent a Member participates on the 
Exchange but not on BZX Options, the Exchange does believe that the 
proposal is still reasonable, equitably allocated and non-
discriminatory with respect to such Member based on the overall benefit 
to the Exchange resulting from the success of BZX Options. As noted 
above, such success allows the Exchange to continue to provide and 
potentially expand its existing incentive programs to the benefit of 
all participants on the Exchange, whether they participate on BZX 
Options or not. The proposed pricing program is also fair and equitable 
in that membership in BZX Options is available to all market 
participants which would provide them with access to the benefits on 
BZX Options provided by the proposed changes, as described above, even 
where a member of BZX Options is not necessarily eligible for the 
proposed increased rebates on the Exchange. Further, the proposed 
changes will result in Members receiving either the same or an 
increased rebate than they would currently receive.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe its proposed amendment to its Fee 
Schedule would impose any burden on competition that is not necessary 
or appropriate in furtherance of the purposes of the Act. The Exchange 
does not believe that the proposed change represents a significant 
departure from previous pricing offered by the Exchange or pricing 
offered by the Exchange's competitors. Additionally, Members may opt to 
disfavor the Exchange's pricing if they believe that alternatives offer 
them better value. Accordingly, the Exchange does not believe that the 
proposed change will impair the ability of Members or competing venues 
to maintain their competitive standing in the financial markets.
    The Exchange 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 changes are generally intended to enhance the rebates for 
liquidity added to the Exchange, which is intended to draw additional 
liquidity to the Exchange. The Exchange does not believe the proposed 
amendments would burden intramarket competition as they would be 
available to all Members uniformly.
    The Exchange does not believe that the proposed new Cross-Asset Add 
Volume Tier would burden competition, but instead, enhances 
competition, as it is intended to increase the competitiveness of and 
draw additional volume to the Exchange.

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 \9\ and paragraph (f) of Rule 19b-4 
thereunder.\10\ 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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 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-BatsBZX-2016-33 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-BatsBZX-2016-33. 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-BatsBZX-2016-33 and should 
be submitted on or before August 8, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-16850 Filed 7-15-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                    46738                             Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Notices

                                                    SECURITIES AND EXCHANGE                                   forth in sections A, B, and C below, of                    to or greater than 0.10%. As is the case
                                                    COMMISSION                                                the most significant parts of such                         with any other rebates on the Fee
                                                                                                              statements.                                                Schedule, to the extent that a Member
                                                    [Release No. 34–78306; File No. SR–
                                                                                                                                                                         qualifies for higher rebates than those
                                                    BatsBZX–2016–33]                                          A. Self-Regulatory Organization’s
                                                                                                                                                                         provided under the proposed Cross-
                                                                                                              Statement of the Purpose of, and
                                                    Self-Regulatory Organizations; Bats                                                                                  Asset Add Volume Tier, the higher
                                                                                                              Statutory Basis for, the Proposed Rule                     rebates shall apply.
                                                    BZX Exchange, Inc.; Notice of Filing                      Change
                                                    and Immediate Effectiveness of a                                                                                     Implementation Date
                                                    Proposed Rule Change Related to Fees                      1. Purpose
                                                                                                                                                                           The Exchange proposes to implement
                                                    for Use of Bats BZX Exchange, Inc.                           The Exchange proposes to amend its                      these amendments to its Fee Schedule
                                                    July 12, 2016.
                                                                                                              Fee Schedule to adopt a new tier under                     immediately.
                                                                                                              footnote 1 called the Cross-Asset Add
                                                       Pursuant to section 19(b)(1) of the                                                                               2. Statutory Basis
                                                                                                              Volume Tier.
                                                    Securities Exchange Act of 1934
                                                                                                                 Currently, with respect to the                             The Exchange believes that the
                                                    (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                                                                                              Exchange’s equities trading platform                       proposed rule change is consistent with
                                                    notice is hereby given that, on July 1,
                                                                                                              (‘‘BZX Equities’’) the Exchange                            the objectives of section 6 of the Act,7
                                                    2016, Bats BZX Exchange, Inc. (the
                                                                                                              determines the liquidity adding rebate                     in general, and furthers the objectives of
                                                    ‘‘Exchange’’ or ‘‘BZX’’) filed with the
                                                                                                              that it will provide to Members using                      section 6(b)(4),8 in particular, as it is
                                                    Securities and Exchange Commission
                                                                                                              the Exchange’s tiered pricing structure.                   designed to provide for the equitable
                                                    (‘‘Commission’’) the proposed rule
                                                                                                              Under such pricing structure, a Member                     allocation of reasonable dues, fees and
                                                    change as described in Items I, II, and
                                                                                                              will receive a rebate of anywhere                          other charges among its Members and
                                                    III, below, which Items have been
                                                                                                              between $0.0020 and $0.0034 per share                      other persons using its facilities. The
                                                    prepared by the Exchange. The
                                                                                                              executed, depending on the volume tier                     Exchange also notes that it operates in
                                                    Exchange has designated the proposed
                                                                                                              for which such Member qualifies.                           a highly-competitive market in which
                                                    rule change as one establishing or
                                                                                                              Included amongst the volume tiers                          market participants can readily direct
                                                    changing a member due, fee, or other
                                                                                                              offered by the Exchange are various tiers                  order flow to competing venues if they
                                                    charge imposed by the Exchange under
                                                                                                              for purposes of BZX Equities pricing,                      deem fee levels at a particular venue to
                                                    section 19(b)(3)(A)(ii) of the Act 3 and
                                                                                                              which require participation on the                         be excessive. The proposed rule change
                                                    Rule 19b–4(f)(2) thereunder,4 which
                                                                                                              Exchange’s options platform (‘‘BZX                         reflects a competitive pricing structure
                                                    renders the proposed rule change
                                                                                                              Options’’) and are generally referred to                   designed to incent market participants
                                                    effective upon filing with the
                                                                                                              as ‘‘Cross-Asset Tiers’’. For instance,                    to direct their order flow to the
                                                    Commission. The Commission is
                                                                                                              pursuant to current footnote 12 of the                     Exchange. The Exchange believes that
                                                    publishing this notice to solicit
                                                                                                              Fee Schedule, the Exchange offers a                        the proposed tier is equitable and non-
                                                    comments on the proposed rule change
                                                                                                              Cross-Asset Tape B Tier, which                             discriminatory in it would apply
                                                    from interested persons.
                                                                                                              provides an enhanced rebate of $0.0028                     uniformly to all Members. The
                                                    I. Self-Regulatory Organization’s                         [sic] per share on orders that add                         Exchange believes the rates remain
                                                    Statement of the Terms of Substance of                    liquidity in Tape B securities submitted                   competitive with those charged by other
                                                    the Proposed Rule Change                                  by Members with: (1) A Tape B Step-Up                      venues and, therefore, reasonable and
                                                       The Exchange filed a proposal to                       Add TCV 5 from February 2015 equal to                      equitably allocated to Members.
                                                    amend its Fee Schedule to adopt a new                     or greater than 0.06%, and (2) Options                        Volume-based rebates and fees such
                                                    tier under footnote 1 called the Cross-                   Market Maker Add TCV 6 equal to or                         as the proposed Cross-Asset Add
                                                    Asset Add Volume Tier.                                    greater than 0.75%.                                        Volume Tier have been widely adopted
                                                       The text of the proposed rule change                      In connection with the proposed tier                    by equities and options exchanges and
                                                    is available at the Exchange’s Web site                   described below, the Exchange proposes                     are equitable because they are open to
                                                    at www.batstrading.com, at the                            to adopt a definition for Options                          all Members on an equal basis and
                                                    principal office of the Exchange, and at                  Customer Add TCV that is similar to the                    provide additional benefits or discounts
                                                    the Commission’s Public Reference                         definition of Options Market Maker Add                     that are reasonably related to the value
                                                    Room.                                                     TCV set forth on the Exchange’s Fee                        to an exchange’s market quality
                                                                                                              Schedule. As proposed, ‘‘Options                           associated with higher levels of market
                                                    II. Self-Regulatory Organization’s                        Customer Add TCV’’ for purposes of                         activity, such as higher levels of
                                                    Statement of the Purpose of, and                          equities pricing would mean ‘‘ADAV                         liquidity provision and/or growth
                                                    Statutory Basis for, the Proposed Rule                    resulting from Customer orders as a                        patterns, and introduction of higher
                                                    Change                                                    percentage of TCV, using the definitions                   volumes of orders into the price and
                                                      In its filing with the Commission, the                  of ADAV, Customer and TCV as                               volume discovery processes.
                                                    Exchange included statements                              provided under the Exchange’s fee                             The Exchange believes that the
                                                    concerning the purpose of and basis for                   schedule for BZX Options.’’                                proposal to add a Cross-Asset Add
                                                    the proposed rule change and discussed                       The Exchange proposes to adopt a                        Volume Tier is a reasonable, fair and
                                                    any comments it received on the                           new tier under footnote 1 titled the                       equitable, and not unfairly
                                                    proposed rule change. The text of these                   ‘‘Cross-Asset Add Volume Tier.’’ Under                     discriminatory allocation of fees and
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    statements may be examined at the                         the Cross-Asset Add Volume Tier, the                       rebates because it will provide Members
                                                    places specified in Item IV below. The                    Exchange is proposing to provide a                         with an additional incentive to reach
                                                    Exchange has prepared summaries, set                      rebate of $0.0028 per share to Members                     certain thresholds on both BZX Equities
                                                                                                              with: (1) An ADAV as a percentage of                       and BZX Options. The increased
                                                      17 17 CFR 200.30–3(a)(12).                              TCV equal to or greater than 0.15%; and                    liquidity from this proposal also
                                                      1 15 U.S.C. 78s(b)(1).                                  (2) an Options Customer Add TCV equal                      benefits all investors by deepening the
                                                      2 17 CFR 240.19b–4.
                                                      3 15 U.S.C. 78s(b)(3)(A)(ii).                                5 As    defined in the Exchange’s Fee Schedule.         7 15   U.S.C. 78f.
                                                      4 17 CFR 240.19b–4(f)(2).                                    6 Id.                                                   8 15   U.S.C. 78f(b)(4).



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                                                                                    Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Notices                                                       46739

                                                    BZX Equities and BZX Options liquidity                   deem fee structures to be unreasonable                     All submissions should refer to File
                                                    pools, offering additional flexibility for               or excessive. The proposed changes are                     Number SR–BatsBZX–2016–33. This file
                                                    all investors to enjoy cost savings,                     generally intended to enhance the                          number should be included on the
                                                    supporting the quality of price                          rebates for liquidity added to the                         subject line if email is used. To help the
                                                    discovery, promoting market                              Exchange, which is intended to draw                        Commission process and review your
                                                    transparency and improving investor                      additional liquidity to the Exchange.                      comments more efficiently, please use
                                                    protection. Such pricing programs                        The Exchange does not believe the                          only one method. The Commission will
                                                    thereby reward a Member’s growth                         proposed amendments would burden                           post all comments on the Commission’s
                                                    pattern on the Exchange and such                         intramarket competition as they would                      Internet Web site (http://www.sec.gov/
                                                    increased volume increases potential                     be available to all Members uniformly.                     rules/sro.shtml). Copies of the
                                                    revenue to the Exchange, and will allow                     The Exchange does not believe that                      submission, all subsequent
                                                    the Exchange to continue to provide and                  the proposed new Cross-Asset Add                           amendments, all written statements
                                                    potentially expand the incentive                         Volume Tier would burden competition,                      with respect to the proposed rule
                                                    programs operated by the Exchange. To                    but instead, enhances competition, as it                   change that are filed with the
                                                    the extent a Member participates on the                  is intended to increase the                                Commission, and all written
                                                    Exchange but not on BZX Options, the                     competitiveness of and draw additional                     communications relating to the
                                                    Exchange does believe that the proposal                  volume to the Exchange.                                    proposed rule change between the
                                                    is still reasonable, equitably allocated                 C. Self-Regulatory Organization’s                          Commission and any person, other than
                                                    and non-discriminatory with respect to                   Statement on Comments on the                               those that may be withheld from the
                                                    such Member based on the overall                         Proposed Rule Change Received From                         public in accordance with the
                                                    benefit to the Exchange resulting from                   Members, Participants, or Others                           provisions of 5 U.S.C. 552, will be
                                                    the success of BZX Options. As noted                                                                                available for Web site viewing and
                                                    above, such success allows the                             The Exchange has not solicited, and                      printing in the Commission’s Public
                                                    Exchange to continue to provide and                      does not intend to solicit, comments on                    Reference Room, 100 F Street NE.,
                                                    potentially expand its existing incentive                this proposed rule change. The                             Washington, DC 20549, on official
                                                    programs to the benefit of all                           Exchange has not received any                              business days between the hours of
                                                    participants on the Exchange, whether                    unsolicited written comments from                          10:00 a.m. and 3:00 p.m. Copies of the
                                                    they participate on BZX Options or not.                  Members or other interested parties.                       filing also will be available for
                                                    The proposed pricing program is also                     III. Date of Effectiveness of the                          inspection and copying at the principal
                                                    fair and equitable in that membership in                 Proposed Rule Change and Timing for                        office of the Exchange. All comments
                                                    BZX Options is available to all market                   Commission Action                                          received will be posted without change;
                                                    participants which would provide them                                                                               the Commission does not edit personal
                                                    with access to the benefits on BZX                          The foregoing rule change has become                    identifying information from
                                                    Options provided by the proposed                         effective pursuant to section 19(b)(3)(A)                  submissions. You should submit only
                                                    changes, as described above, even where                  of the Act 9 and paragraph (f) of Rule                     information that you wish to make
                                                    a member of BZX Options is not                           19b–4 thereunder.10 At any time within                     available publicly. All submissions
                                                    necessarily eligible for the proposed                    60 days of the filing of the proposed rule                 should refer to File Number SR–
                                                    increased rebates on the Exchange.                       change, the Commission summarily may                       BatsBZX–2016–33 and should be
                                                    Further, the proposed changes will                       temporarily suspend such rule change if                    submitted on or before August 8, 2016.
                                                    result in Members receiving either the                   it appears to the Commission that such
                                                                                                             action is necessary or appropriate in the                    For the Commission, by the Division of
                                                    same or an increased rebate than they                                                                               Trading and Markets, pursuant to delegated
                                                    would currently receive.                                 public interest, for the protection of
                                                                                                                                                                        authority.11
                                                                                                             investors, or otherwise in furtherance of
                                                    B. Self-Regulatory Organization’s                                                                                   Robert W. Errett,
                                                                                                             the purposes of the Act.
                                                    Statement on Burden on Competition                                                                                  Deputy Secretary.
                                                                                                             IV. Solicitation of Comments                               [FR Doc. 2016–16850 Filed 7–15–16; 8:45 am]
                                                       The Exchange does not believe its
                                                    proposed amendment to its Fee                              Interested persons are invited to                        BILLING CODE 8011–01–P

                                                    Schedule would impose any burden on                      submit written data, views and
                                                    competition that is not necessary or                     arguments concerning the foregoing,
                                                                                                             including whether the proposed rule                        SECURITIES AND EXCHANGE
                                                    appropriate in furtherance of the
                                                                                                             change is consistent with the Act.                         COMMISSION
                                                    purposes of the Act. The Exchange does
                                                    not believe that the proposed change                     Comments may be submitted by any of                        [Release No. 34–78298; File No. SR–BX–
                                                    represents a significant departure from                  the following methods:                                     2016–040]
                                                    previous pricing offered by the                          Electronic Comments
                                                    Exchange or pricing offered by the                                                                                  Self-Regulatory Organizations;
                                                                                                               • Use the Commission’s Internet                          NASDAQ BX, Inc.; Notice of Filing and
                                                    Exchange’s competitors. Additionally,                    comment form (http://www.sec.gov/
                                                    Members may opt to disfavor the                                                                                     Immediate Effectiveness of Proposed
                                                                                                             rules/sro.shtml); or                                       Rule Change Relating to Detection of
                                                    Exchange’s pricing if they believe that                    • Send an email to rule-comments@
                                                    alternatives offer them better value.                                                                               Loss of Connection
                                                                                                             sec.gov. Please include File Number SR–
                                                    Accordingly, the Exchange does not                       BatsBZX–2016–33 on the subject line.                       July 12, 2016.
                                                    believe that the proposed change will
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                           Pursuant to Section 19(b)(1) of the
                                                    impair the ability of Members or                         Paper Comments                                             Securities Exchange Act of 1934
                                                    competing venues to maintain their                         • Send paper comments in triplicate                      (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    competitive standing in the financial                    to Secretary, Securities and Exchange                      notice is hereby given that on July 8,
                                                    markets.                                                 Commission, 100 F Street NE.,                              2016, NASDAQ BX, Inc. (‘‘BX’’ or
                                                       The Exchange notes that it operates in                Washington, DC 20549–1090.
                                                    a highly competitive market in which                                                                                  11 17 CFR 200.30–3(a)(12).
                                                    market participants can readily direct                        9 15 U.S.C. 78s(b)(3)(A).                               1 15 U.S.C. 78s(b)(1).
                                                    order flow to competing venues if they                        10 17 CFR 240.19b–4(f).                                 2 17 CFR 240.19b–4.




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Document Created: 2016-07-16 02:28:42
Document Modified: 2016-07-16 02:28:42
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 46738 

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