81_FR_49002 81 FR 48859 - 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 Recently Adopted Step Up Mechanism on Its Equity Options Platform

81 FR 48859 - 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 Recently Adopted Step Up Mechanism on Its Equity Options Platform

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 143 (July 26, 2016)

Page Range48859-48860
FR Document2016-17582

Federal Register, Volume 81 Issue 143 (Tuesday, July 26, 2016)
[Federal Register Volume 81, Number 143 (Tuesday, July 26, 2016)]
[Notices]
[Pages 48859-48860]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17582]



[[Page 48859]]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78369; File No. SR-BatsEDGX-2016-32]


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 Recently Adopted Step Up Mechanism on Its 
Equity Options Platform

July 20, 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 11, 2016, Bats EDGX Exchange, Inc. (the ``Exchange'' or 
``EDGX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II 
and III below, which Items have been prepared by the Exchange. The 
Exchange has designated the proposed rule change as one establishing or 
changing a member due, fee, or other charge imposed by the Exchange 
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) 
thereunder,\4\ which renders the proposed rule change effective upon 
filing with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's 
Web site at www.batstrading.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to modify the fee schedule applicable to the 
Exchange's options platform (``EDGX Options'') to adopt fees for its 
recently adopted Step Up Mechanism (``SUM'').\6\ SUM is a feature 
within the Exchange's System \7\ that will provide automated order 
handling in designated classes for qualifying orders that are not 
automatically executed by the System. For order handling and responses 
regarding SUM, orders that are received by SUM shall be electronically 
exposed at the NBBO immediately upon receipt. The exposure shall be for 
a period of time determined by the Exchange on a class-by-class basis, 
which period of time shall not exceed one second. All Users will be 
permitted to submit responses to the exposure message during the 
exposure period.\8\ The Exchange proposes to provide an additional 
rebate per contract for orders submitted by Users in response to a SUM 
auction, as described below.
---------------------------------------------------------------------------

    \6\ See SR-BatsEDGX-2016-29 (``Step Up Mechanism Filing''), 
available at: http://cdn.batstrading.com/resources/regulation/rule_filings/approved/2016/SR-BatsEDGX-2016-29.pdf.
    \7\ See Exchange Rule 16.1(a)(59) (defining the term System as 
the automated trading system used by EDGX Options for the trading of 
options contracts).
    \8\ See Step Up Mechanism Filing, supra note 6.
---------------------------------------------------------------------------

    In order to encourage Users to respond to SUM auctions, the 
Exchange proposes to adopt footnote 3 to the Fee Schedule, under which 
the Exchange would provide an additional rebate of $0.05 per contract 
for any order submitted in response to a SUM auction. As with all other 
fees and rebates on EDGX Options, this rebate would only apply to 
orders that are executed; and in this case, to orders that are 
specifically executed against orders exposed via SUM.
    As noted above, all Users are permitted to submit orders in 
response to a SUM auction, and thus, the Exchange proposes to append 
footnote 3 to all fee codes on the Exchange's fee schedule other than 
those specific to routing away from the Exchange and the Exchange's 
opening process. Specifically, the additional rebate per contract for 
responding to and executing against an order exposed through a SUM 
auction would apply to fee codes: NB, NC, NF, NM, NN, NO, NP, PB, PC, 
PF, PM, PN, PO and PP.
    The proposed rebate is an additional rebate per contract, and would 
therefore be applied on top of any existing fee or rebate currently 
provided for in the Exchange's fee schedule. For example, pursuant to 
fee code NB, the Exchange charges a standard fee of $0.75 per contract 
for Broker Dealer \9\ orders in Non-Penny Pilot Securities.\10\ If a 
User were to submit a Broker Dealer order in a Non-Penny Pilot Security 
in response to a SUM auction, the resulting transaction fee would be 
$0.70 per contract after applying the proposed $0.05 per contract 
rebate for SUM responses.
---------------------------------------------------------------------------

    \9\ The term ``Broker Dealer'' applies to any order for the 
account of a broker dealer, including a foreign broker dealer, that 
clears in the Customer range at the OCC.
    \10\ The term ``Non-Penny Pilot Security'' applies to those 
issues that are not Penny Pilot Securities quoted pursuant to 
Exchange Rule 21.5, Interpretation and Policy .01.
---------------------------------------------------------------------------

    The additional SUM rebate would also apply in addition to any 
tiered pricing rate otherwise achieved by a Member. For instance, 
pursuant to footnote 2 of the Exchange's fee schedule, a Member's 
Market Maker \11\ orders are eligible for reduced fees or even a rebate 
to the extent the Member reaches certain volume thresholds. The 
additional rebate per contract would apply in addition to this reduced 
fee or rebate (e.g., Tier 1, which normally yields a decreased fee of 
$0.16 per contract for qualifying Members' Market Maker orders would 
instead yield a fee of $0.11 per contract for a SUM response; Tier 5, 
which normally yields a decreased fee of $0.02 per contract for 
qualifying Members' Market Maker orders would instead yield a rebate of 
$0.03 per contract for a SUM response; and so forth).
---------------------------------------------------------------------------

    \11\ The term ``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).
---------------------------------------------------------------------------

Implementation Date
    The Exchange proposes to implement the proposed changes on July 11, 
2016.
2. Statutory Basis
    The Exchange believes that the proposed rule change is 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.\12\ 
Specifically, the Exchange believes that

[[Page 48860]]

the proposed rule change is consistent with Section 6(b)(4) of the 
Act,\13\ 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. The 
Exchange notes that it operates in a highly competitive market in which 
market participants can readily direct order flow to competing venues 
or providers of routing services if they deem fee levels to be 
excessive.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f.
    \13\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes the proposed rebate is equitable and not 
unfairly discriminatory because it would be equally available and 
objectively applied to all Members orders submitted and executed in 
response to SUM auctions on the Exchange. The Exchange further believes 
the proposed rebate is equitable and reasonable as it is an additional 
rebate per contract designed to encourage Members to enter orders in 
response to SUM auctions on the Exchange. The Exchange further believes 
that the rebate is reasonable because the proposed additional rebate 
per contract does not represent a significant departure from pricing 
previously offered by the Exchange or other options exchanges. Lastly, 
the Exchange believes the proposed rebate is not unfairly 
discriminatory as all Members may enter orders in response to a SUM 
auction and receive the proposed rebate if their order is executed.

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

    The Exchange believes the proposed rebate would not 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 rebate represents a significant departure from 
previous pricing offered by the Exchange or pricing offered by the 
Exchange's competitors. Rather, the Exchange believes the proposal will 
enhance competition as it is a competitive proposal that seeks to 
further the growth of the Exchange by encouraging Members to enter 
orders in response to SUM auctions.

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.

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 \14\ and paragraph (f) of Rule 19b-4 
thereunder.\15\ 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.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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 No. SR-BatsEDGX-2016-32 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 No. SR-BatsEDGX-2016-32. 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 No. SR-BatsEDGX-2016-32, and should be 
submitted on or before August 16, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-17582 Filed 7-25-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Notices                                                     48859

                                                SECURITIES AND EXCHANGE                                  proposed rule change. The text of these                 against an order exposed through a SUM
                                                COMMISSION                                               statements may be examined at the                       auction would apply to fee codes: NB,
                                                                                                         places specified in Item IV below. The                  NC, NF, NM, NN, NO, NP, PB, PC, PF,
                                                [Release No. 34–78369; File No. SR–
                                                BatsEDGX–2016–32]
                                                                                                         Exchange has prepared summaries, set                    PM, PN, PO and PP.
                                                                                                         forth in Sections A, B, and C below, of                    The proposed rebate is an additional
                                                Self-Regulatory Organizations; Bats                      the most significant parts of such                      rebate per contract, and would therefore
                                                EDGX Exchange, Inc.; Notice of Filing                    statements.                                             be applied on top of any existing fee or
                                                and Immediate Effectiveness of a                                                                                 rebate currently provided for in the
                                                                                                         A. Self-Regulatory Organization’s
                                                Proposed Rule Change Related to Fees                                                                             Exchange’s fee schedule. For example,
                                                                                                         Statement of the Purpose of, and the
                                                as They Apply to the Recently Adopted                                                                            pursuant to fee code NB, the Exchange
                                                                                                         Statutory Basis for, the Proposed Rule
                                                Step Up Mechanism on Its Equity                                                                                  charges a standard fee of $0.75 per
                                                                                                         Change
                                                Options Platform                                                                                                 contract for Broker Dealer 9 orders in
                                                                                                         1. Purpose                                              Non-Penny Pilot Securities.10 If a User
                                                July 20, 2016.                                                                                                   were to submit a Broker Dealer order in
                                                                                                            The Exchange proposes to modify the
                                                   Pursuant to Section 19(b)(1) of the                   fee schedule applicable to the                          a Non-Penny Pilot Security in response
                                                Securities Exchange Act of 1934 (the                     Exchange’s options platform (‘‘EDGX                     to a SUM auction, the resulting
                                                ‘‘Act’’),1 and Rule 19b–4 thereunder,2                   Options’’) to adopt fees for its recently               transaction fee would be $0.70 per
                                                notice is hereby given that on July 11,                  adopted Step Up Mechanism (‘‘SUM’’).6                   contract after applying the proposed
                                                2016, Bats EDGX Exchange, Inc. (the                      SUM is a feature within the Exchange’s                  $0.05 per contract rebate for SUM
                                                ‘‘Exchange’’ or ‘‘EDGX’’) filed with the                 System 7 that will provide automated                    responses.
                                                Securities and Exchange Commission                       order handling in designated classes for                   The additional SUM rebate would
                                                (‘‘Commission’’) the proposed rule                       qualifying orders that are not                          also apply in addition to any tiered
                                                change as described in Items I, II and III               automatically executed by the System.                   pricing rate otherwise achieved by a
                                                below, which Items have been prepared                    For order handling and responses                        Member. For instance, pursuant to
                                                by the Exchange. The Exchange has                        regarding SUM, orders that are received                 footnote 2 of the Exchange’s fee
                                                designated the proposed rule change as                   by SUM shall be electronically exposed                  schedule, a Member’s Market Maker 11
                                                one establishing or changing a member                    at the NBBO immediately upon receipt.                   orders are eligible for reduced fees or
                                                due, fee, or other charge imposed by the                 The exposure shall be for a period of                   even a rebate to the extent the Member
                                                Exchange under Section 19(b)(3)(A)(ii)                   time determined by the Exchange on a                    reaches certain volume thresholds. The
                                                of the Act 3 and Rule 19b–4(f)(2)                        class-by-class basis, which period of                   additional rebate per contract would
                                                thereunder,4 which renders the                           time shall not exceed one second. All                   apply in addition to this reduced fee or
                                                proposed rule change effective upon                      Users will be permitted to submit                       rebate (e.g., Tier 1, which normally
                                                filing with the Commission. The                          responses to the exposure message                       yields a decreased fee of $0.16 per
                                                Commission is publishing this notice to                  during the exposure period.8 The                        contract for qualifying Members’ Market
                                                solicit comments on the proposed rule                    Exchange proposes to provide an                         Maker orders would instead yield a fee
                                                change from interested persons.                          additional rebate per contract for orders               of $0.11 per contract for a SUM
                                                I. Self-Regulatory Organization’s                        submitted by Users in response to a                     response; Tier 5, which normally yields
                                                Statement of the Terms of Substance of                   SUM auction, as described below.                        a decreased fee of $0.02 per contract for
                                                the Proposed Rule Change                                    In order to encourage Users to                       qualifying Members’ Market Maker
                                                                                                         respond to SUM auctions, the Exchange                   orders would instead yield a rebate of
                                                   The Exchange filed a proposal to                      proposes to adopt footnote 3 to the Fee                 $0.03 per contract for a SUM response;
                                                amend the fee schedule applicable to                     Schedule, under which the Exchange                      and so forth).
                                                Members 5 and non-members of the                         would provide an additional rebate of
                                                Exchange pursuant to EDGX Rules                                                                                  Implementation Date
                                                                                                         $0.05 per contract for any order
                                                15.1(a) and (c).                                         submitted in response to a SUM                            The Exchange proposes to implement
                                                   The text of the proposed rule change                  auction. As with all other fees and                     the proposed changes on July 11, 2016.
                                                is available at the Exchange’s Web site                  rebates on EDGX Options, this rebate
                                                at www.batstrading.com, at the                                                                                   2. Statutory Basis
                                                                                                         would only apply to orders that are
                                                principal office of the Exchange, and at                 executed; and in this case, to orders that                 The Exchange believes that the
                                                the Commission’s Public Reference                        are specifically executed against orders                proposed rule change is consistent with
                                                Room.                                                    exposed via SUM.                                        the requirements of the Act and the
                                                II. Self-Regulatory Organization’s                          As noted above, all Users are                        rules and regulations thereunder that
                                                Statement of the Purpose of, and                         permitted to submit orders in response                  are applicable to a national securities
                                                Statutory Basis for, the Proposed Rule                   to a SUM auction, and thus, the                         exchange, and, in particular, with the
                                                Change                                                   Exchange proposes to append footnote 3                  requirements of Section 6 of the Act.12
                                                                                                         to all fee codes on the Exchange’s fee                  Specifically, the Exchange believes that
                                                   In its filing with the Commission, the                schedule other than those specific to
                                                Exchange included statements                             routing away from the Exchange and the                     9 The term ‘‘Broker Dealer’’ applies to any order

                                                concerning the purpose of and basis for                  Exchange’s opening process.                             for the account of a broker dealer, including a
                                                the proposed rule change and discussed                                                                           foreign broker dealer, that clears in the Customer
                                                                                                         Specifically, the additional rebate per                 range at the OCC.
                                                any comments it received on the                          contract for responding to and executing                   10 The term ‘‘Non-Penny Pilot Security’’ applies
srobinson on DSK5SPTVN1PROD with NOTICES




                                                                                                                                                                 to those issues that are not Penny Pilot Securities
                                                  1 15 U.S.C. 78s(b)(1).                                    6 See SR–BatsEDGX–2016–29 (‘‘Step Up                 quoted pursuant to Exchange Rule 21.5,
                                                  2 17 CFR 240.19b–4.                                    Mechanism Filing’’), available at: http://              Interpretation and Policy .01.
                                                  3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                                                                         cdn.batstrading.com/resources/regulation/rule_             11 The term ‘‘Market Maker’’ applies to any
                                                  4 17 CFR 240.19b–4(f)(2).                              filings/approved/2016/SR-BatsEDGX-2016-29.pdf.          transaction identified by a Member for clearing in
                                                  5 The term ‘‘Member’’ is defined as ‘‘any                 7 See Exchange Rule 16.1(a)(59) (defining the term   the Market Maker range at the OCC, where such
                                                registered broker or dealer that has been admitted       System as the automated trading system used by          Member is registered with the Exchange as a Market
                                                to membership in the Exchange.’’ See Exchange            EDGX Options for the trading of options contracts).     Maker as defined in Rule 16.1(a)(37).
                                                Rule 1.5(n).                                                8 See Step Up Mechanism Filing, supra note 6.           12 15 U.S.C. 78f.




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                                                48860                              Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Notices

                                                the proposed rule change is consistent                      comments from members or other                                business days between the hours of
                                                with Section 6(b)(4) of the Act,13 in that                  interested parties.                                           10:00 a.m. and 3:00 p.m. Copies of the
                                                it provides for the equitable allocation                                                                                  filing also will be available for
                                                                                                            III. Date of Effectiveness of the
                                                of reasonable dues, fees and other                                                                                        inspection and copying at the principal
                                                                                                            Proposed Rule Change and Timing for
                                                charges among Members and other                                                                                           office of the Exchange. All comments
                                                                                                            Commission Action
                                                persons using any facility or system                                                                                      received will be posted without change;
                                                which the Exchange operates or                                 The foregoing rule change has become                       the Commission does not edit personal
                                                controls. The Exchange notes that it                        effective pursuant to Section 19(b)(3)(A)                     identifying information from
                                                operates in a highly competitive market                     of the Act 14 and paragraph (f) of Rule                       submissions. You should submit only
                                                in which market participants can                            19b–4 thereunder.15 At any time within                        information that you wish to make
                                                readily direct order flow to competing                      60 days of the filing of the proposed rule                    available publicly. All submissions
                                                venues or providers of routing services                     change, the Commission summarily may                          should refer to File No. SR–BatsEDGX–
                                                if they deem fee levels to be excessive.                    temporarily suspend such rule change if                       2016–32, and should be submitted on or
                                                   The Exchange believes the proposed                       it appears to the Commission that such                        before August 16, 2016.
                                                rebate is equitable and not unfairly                        action is necessary or appropriate in the                       For the Commission, by the Division of
                                                discriminatory because it would be                          public interest, for the protection of                        Trading and Markets, pursuant to delegated
                                                equally available and objectively                           investors, or otherwise in furtherance of                     authority.16
                                                applied to all Members orders submitted                     the purposes of the Act.                                      Robert W. Errett,
                                                and executed in response to SUM                             IV. Solicitation of Comments                                  Deputy Secretary.
                                                auctions on the Exchange. The                                                                                             [FR Doc. 2016–17582 Filed 7–25–16; 8:45 am]
                                                                                                              Interested persons are invited to
                                                Exchange further believes the proposed                                                                                    BILLING CODE 8011–01–P
                                                                                                            submit written data, views, and
                                                rebate is equitable and reasonable as it
                                                                                                            arguments concerning the foregoing,
                                                is an additional rebate per contract
                                                                                                            including whether the proposed rule                           SECURITIES AND EXCHANGE
                                                designed to encourage Members to enter
                                                                                                            change is consistent with the Act.                            COMMISSION
                                                orders in response to SUM auctions on
                                                                                                            Comments may be submitted by any of
                                                the Exchange. The Exchange further                                                                                        [Release No. 34–78367; File No. SR–
                                                                                                            the following methods:
                                                believes that the rebate is reasonable                                                                                    NYSEMKT–2016–49]
                                                because the proposed additional rebate                      Electronic Comments
                                                per contract does not represent a                             • Use the Commission’s Internet                             Self-Regulatory Organizations; NYSE
                                                significant departure from pricing                          comment form (http://www.sec.gov/                             MKT LLC; Notice of Withdrawal of
                                                previously offered by the Exchange or                       rules/sro.shtml); or                                          Proposed Rule Change Amending the
                                                other options exchanges. Lastly, the                          • Send an email to rule-comments@                           Definition of ‘‘Block’’ for Purposes of
                                                Exchange believes the proposed rebate                       sec.gov. Please include File No. SR–                          Rule 72(d)—Equities and the Size of a
                                                is not unfairly discriminatory as all                       BatsEDGX–2016–32 on the subject line.                         Proposed Cross Transaction Eligible
                                                Members may enter orders in response                                                                                      for the Cross Function in Rule 76—
                                                to a SUM auction and receive the                            Paper Comments                                                Equities
                                                proposed rebate if their order is                             • Send paper comments in triplicate                         July 20, 2016.
                                                executed.                                                   to Secretary, Securities and Exchange
                                                                                                                                                                             On April 22, 2016, NYSE MKT LLC
                                                B. Self-Regulatory Organization’s                           Commission, 100 F Street NE.,
                                                                                                                                                                          (‘‘Exchange’’ or ‘‘NYSE MKT’’) filed
                                                Statement on Burden on Competition                          Washington, DC 20549–1090.                                    with the Securities and Exchange
                                                                                                            All submissions should refer to File No.                      Commission (‘‘Commission’’), pursuant
                                                  The Exchange believes the proposed                        SR–BatsEDGX–2016–32. This file                                to Section 19(b)(1) of the Securities
                                                rebate would not impose any burden on                       number should be included on the                              Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                competition that is not necessary or                        subject line if email is used. To help the                    19b–4 thereunder,2 a proposed rule
                                                appropriate in furtherance of the                           Commission process and review your                            change to amend its rules relating to
                                                purposes of the Act. The Exchange does                      comments more efficiently, please use                         pre-opening indications and opening
                                                not believe that the proposed rebate                        only one method. The Commission will                          procedures. The proposed rule change
                                                represents a significant departure from                     post all comments on the Commission’s                         was published for comment in the
                                                previous pricing offered by the                             Internet Web site (http://www.sec.gov/                        Federal Register on May 3, 2016.3 The
                                                Exchange or pricing offered by the                          rules/sro.shtml). Copies of the                               Commission received no comments on
                                                Exchange’s competitors. Rather, the                         submission, all subsequent                                    the proposed rule change. On May 31,
                                                Exchange believes the proposal will                         amendments, all written statements                            2016, pursuant to Section 19(b)(2) of the
                                                enhance competition as it is a                              with respect to the proposed rule                             Act,4 the Commission designated a
                                                competitive proposal that seeks to                          change that are filed with the                                longer period within which to approve
                                                further the growth of the Exchange by                       Commission, and all written                                   the proposed rule change, disapprove
                                                encouraging Members to enter orders in                      communications relating to the                                the proposed rule change, or institute
                                                response to SUM auctions.                                   proposed rule change between the                              proceedings to determine whether to
                                                C. Self-Regulatory Organization’s                           Commission and any person, other than                         disapprove the proposed rule change.5
                                                Statement on Comments on the                                those that may be withheld from the
                                                Proposed Rule Change Received From                          public in accordance with the                                   16 17 CFR 200.30–3(a)(12).
srobinson on DSK5SPTVN1PROD with NOTICES




                                                Members, Participants, or Others                            provisions of 5 U.S.C. 552, will be                             1 15 U.S.C. 78s(b)(1).
                                                                                                            available for Web site viewing and                              2 17 CFR 240.19b–4.

                                                  The Exchange has not solicited, and                       printing in the Commission’s Public                             3 See Securities Exchange Act Release No. 77734

                                                does not intend to solicit, comments on                     Reference Room, 100 F Street NE.,                             (Apr. 27, 2016), 81 FR 26598.
                                                                                                                                                                            4 15 U.S.C. 78s(b)(2).
                                                this proposed rule change. The                              Washington, DC 20549, on official                               5 See Securities Exchange Act Release No. 77951,
                                                Exchange has not received any written
                                                                                                                                                                          81 FR 36367 (June 6, 2016). The Commission
                                                                                                                 14 15   U.S.C. 78s(b)(3)(A).                             designated August 1, 2016, as the date by which it
                                                  13 15   U.S.C. 78f(b)(4).                                      15 17   CFR 240.19b–4(f).                                should approve, disapprove, or institute



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Document Created: 2018-02-08 08:00:42
Document Modified: 2018-02-08 08:00:42
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 48859 

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