81_FR_50727 81 FR 50580 - Self-Regulatory Organizations; C2 Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule to Amend the Fees Schedule

81 FR 50580 - Self-Regulatory Organizations; C2 Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule to Amend the Fees Schedule

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 147 (August 1, 2016)

Page Range50580-50582
FR Document2016-18057

Federal Register, Volume 81 Issue 147 (Monday, August 1, 2016)
[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Notices]
[Pages 50580-50582]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18057]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78421; File No. SR-C2-2016-013]


Self-Regulatory Organizations; C2 Options Exchange, Incorporated; 
Notice of Filing and Immediate Effectiveness of a Proposed Rule to 
Amend the Fees Schedule

July 26, 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 14, 2016, C2 Options Exchange, Incorporated (the 
``Exchange'' or ``C2'') filed with the Securities and Exchange 
Commission (the ``Commission'') the proposed rule change as described 
in Items I, II, and III below, which Items have been prepared by the 
Exchange. The Commission is publishing this notice to solicit comments 
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change
    The Exchange proposes to amend its Fees Schedule. The text of the 
proposed rule change is available on the Exchange's Web site (http://www.c2exchange.com/Legal/), at the Exchange's Office of the Secretary, 
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 aspects 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 Fees Schedule.\3\ Specifically, 
the

[[Page 50581]]

Exchange proposes to increase Maker rebates for simple orders in all 
equity, multiply-listed index (except Russell 2000 Index (``RUT'')), 
ETF and ETN options classes. Specifically, the Exchange proposes to 
adopt the following rates. Listed rates are per contract.
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    \3\ The Exchange initially filed the proposed fee change on July 
1, 2016 (SR-C2-2016-011). On July 14, 2016, the Exchange withdrew 
that filing and replaced it with this filing.

----------------------------------------------------------------------------------------------------------------
                                                           Penny Classes                     Non-Penny
                                                 ---------------------------------------------------------------
                                                      Current        Proposed         Current        Proposed
----------------------------------------------------------------------------------------------------------------
Public Customer.................................           (.37)           (.42)           (.75)           (.80)
C2 Market-Maker.................................           (.40)           (.45)           (.68)           (.73)
All Other Origins (Professional Customer, Firm,            (.35)           (.40)           (.60)           (.65)
 Broker/Dealer, non-C2 Market-Maker, JBO, etc.).
Trades on the Open..............................          (0.00)          (0.00)          (0.00)          (0.00)
----------------------------------------------------------------------------------------------------------------

    The Exchange believes the increased amounts will incentivize more 
volume to the Exchange. Specifically, the proposed increased rebates 
are intended to encourage C2 Market-Makers to quote more often and 
attract market participants to send orders to the Exchange, which will 
then incent Takers to trade with those orders and quotes. The Exchange 
notes that the proposed Maker rebate amounts are similar to and in line 
with the amounts currently assessed for simple, non-complex orders in 
equity, multiply-listed index, ETF and ETN options classes at other 
Exchanges.\4\
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    \4\ See e.g., Bats BZX Options Exchange Fee Schedule, 
Transaction Fees, which lists, for executions in Penny Pilot 
securities, (1) Customer Maker rebate of $0.25 to $0.53, (2) Market-
Maker Maker rebate of $0.35 to $0.42, and (3) Firm and Broker Dealer 
Maker rebate of $0.36 to $0.46; and for executions in non-Penny 
Pilot securities, (1) Customer Maker rebate of $0.85 to $1.00, (2) 
Market-Maker Maker rebate of $0.42 to $0.52, and (3) Firm and Broker 
Maker rebate of $0.36 to $0.67.
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Securities Exchange Act of 1934 (the ``Act'') and the rules and 
regulations thereunder applicable to the Exchange and, in particular, 
the requirements of Section 6(b) of the Act.\5\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \6\ requirements that the rules of an exchange be 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in regulating, clearing, 
settling, processing information with respect to, and facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, to protect investors and the public interest. Additionally, 
the Exchange believes the proposed rule change is consistent with 
Section 6(b)(4) of the Act,\7\ which requires that Exchange rules 
provide for the equitable allocation of reasonable dues, fees, and 
other charges among its Trading Permit Holders and other persons using 
its facilities.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes the proposed rule change is reasonable 
because the proposed change provides additional rebates to Makers and 
is designed to attract additional volume to the Exchange, which 
benefits all market participants.
    The Exchange believes that it is equitable and not unfairly 
discriminatory to provide higher rebates to Public Customers as 
compared to other market participants (other than C2 Market-Makers for 
penny classes) because Public Customer order flow enhances liquidity on 
the Exchange for the benefit of all market participants. Specifically, 
Public Customer liquidity benefits all market participants by providing 
more trading opportunities, which attracts Market-Makers. An increase 
in the activity of these market participants in turn facilitates 
tighter spreads, which may cause an additional corresponding increase 
in order flow from other market participants. Moreover, the options 
industry has a long history of providing preferential pricing to Public 
Customers. Finally, all fee and rebate amounts listed as applying to 
Public Customers will be applied equally to all Public Customers.
    The Exchange believes that it is equitable and not unfairly 
discriminatory to provide higher rebates to Market-Makers as compared 
to other market participants other than Public Customers (for non-penny 
options) because Market-Makers, unlike other C2 market participants, 
take on a number of obligations, including quoting obligations, that 
other market participants do not have. Further, these lower fees and 
higher rebates offered to Market-Makers are intended to incent Market-
Makers to quote and trade more on the Exchange, thereby providing more 
trading opportunities for all market participants. Finally, all rebate 
amounts listed as applying to Market-Makers will be applied equally to 
all Market-Makers.
    The Exchange also believes it is equitable and not unfairly 
discriminatory to provide lower rebates to all other origins (i.e., 
Professional Customer, Firm, Broker/Dealer, non-C2 Market-Maker, JBO, 
etc.). Particularly, the Exchange notes that it believes it's equitable 
and not unfairly discriminatory to provide lower rebates than it does 
of Market-Makers, because these market participants do not have the 
same obligations, such as quoting, as Market-Makers do. The Exchange 
believes it's equitable and not unfairly discriminatory to assess lower 
rebate than it does to Public Customers, because, as described above, 
there is a history of providing preferential pricing to Public 
Customers as Public Customer liquidity benefits all market participants 
by providing more trading opportunities. The Exchange notes that the 
proposed fee and rebate amounts listed will also be applied equally to 
each of these market participants (i.e., Professional Customers, Firms, 
Broker/Dealers, non-C2 Market-Makers, JBOs, etc. will be assessed the 
same amount). It should also be noted that all fee and rebate amounts 
described herein are intended to attract greater order flow to the 
Exchange, which should therefore serve to benefit all Exchange market 
participants.
    The Exchange believes it's reasonable, equitable and not unfairly 
discriminatory to continue to assess no fees and offer no rebates for 
Trades on the Open because trades on the Open involve the matching of 
undisplayed pre-opening trading interest. As such, there is, in effect, 
no Maker or Taker activity occurring. Additionally, the Exchange would 
like to encourage users to submit pre-opening orders.

[[Page 50582]]

    The Exchange lastly believes it's equitable and not unfairly 
discriminatory to assess higher rebates for non-Penny option classes 
than Penny option classes because Penny classes and non-Penny classes 
offer different pricing, liquidity, spread and trading incentives. The 
spreads in Penny classes are tighter than those in non-Penny classes 
(which trade in $0.05 increments). The wider spreads in non-Penny 
option classes allow for greater profit potential.
B. Self-Regulatory Organization's Statement on Burden on Competition
    C2 does not believe that the proposed rule change will 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 rule change will impose any burden on intramarket 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act because, while different rebates are assessed to 
different market participants in some circumstances, these different 
market participants have different obligations and different 
circumstances (as described in the ``Statutory Basis'' section above). 
For example, Public Customers order flow, as discussed above, enhances 
liquidity on the Exchange for the benefit of all market participants. 
There is also a history in the options markets of providing 
preferential treatment to Public Customers. Additionally, Market-Makers 
have quoting obligations that other market participants do not have.
    The Exchange does not believe that the proposed change will impose 
any burden on intermarket competition that is not necessary or 
appropriate in furtherance of the purposes of the Act because it only 
applies to trading on the Exchange. Further, the proposed rebate 
amounts are similar to those assessed for similar orders by other 
exchanges,\8\ and therefore should continue to encourage competition. 
Should the proposed change make C2 a more attractive trading venue for 
market participants at other exchanges, such market participants may 
elect to become market participants at C2.
---------------------------------------------------------------------------

    \8\ See supra note 4.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others
    The Exchange neither solicited nor received comments on the 
proposed rule change.
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 \10\ 
thereunder. 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. If the Commission 
takes such action, the Commission will institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.
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    \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-C2-2016-013 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-C2-2016-013. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing 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-C2-2016-013, and should be 
submitted on or before August 22, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
Robert W. Errett,
Deputy Secretary.
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    \11\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2016-18057 Filed 7-29-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                50580                           Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Notices

                                                or publicly disseminated; (d) how                         Exchange of any failure by the Fund to                  SECURITIES AND EXCHANGE
                                                information regarding the Portfolio                       comply with the continued listing                       COMMISSION
                                                Indicative Value and the Disclosed                        requirements, and, pursuant to its
                                                                                                                                                                  [Release No. 34–78421; File No. SR–C2–
                                                Portfolio is disseminated; (e) the                        obligations under Section 19(g)(1) of the               2016–013]
                                                requirement that Equity Trading Permit                    Act, the Exchange will monitor for
                                                Holders deliver a prospectus to                           compliance with the continued listing                   Self-Regulatory Organizations; C2
                                                investors purchasing newly issued                         requirements.54 If the Fund is not in                   Options Exchange, Incorporated;
                                                Shares prior to or concurrently with the                  compliance with the applicable listing                  Notice of Filing and Immediate
                                                confirmation of a transaction; and (f)                    requirements, the Exchange will                         Effectiveness of a Proposed Rule to
                                                trading information.                                                                                              Amend the Fees Schedule
                                                                                                          commence delisting procedures under
                                                   (6) For initial and continued listing,
                                                the Fund will be in compliance with                       NYSE Arca Equities Rule 5.5(m).                         July 26, 2016.
                                                Rule 10A–3 under the Act,53 as                               This approval order is based on all of                  Pursuant to Section 19(b)(1) of the
                                                provided by NYSE Arca Equities Rule                       the Exchange’s representations,                         Securities Exchange Act of 1934 (the
                                                5.3.                                                      including those set forth above, in the                 ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                   (7) The Fund may hold up to an                         Notice, and in Amendment No. 1 to the                   notice is hereby given that on July 14,
                                                aggregate amount of 15% of its net                        proposed rule change. The Commission                    2016, C2 Options Exchange,
                                                assets in illiquid assets.                                notes that the Fund and the Shares must                 Incorporated (the ‘‘Exchange’’ or ‘‘C2’’)
                                                   (8) Not more than 10% of the net                       comply with the requirements of NYSE                    filed with the Securities and Exchange
                                                assets of the Fund in the aggregate                       Arca Equities Rule 8.600, including                     Commission (the ‘‘Commission’’) the
                                                invested in equity securities (other than                 those set forth in this proposed rule                   proposed rule change as described in
                                                non-exchange-traded investment                            change, as modified by Amendment No.                    Items I, II, and III below, which Items
                                                company securities) shall consist of                      1, to be listed and traded on the                       have been prepared by the Exchange.
                                                equity securities whose principal                         Exchange on an initial and continuing                   The Commission is publishing this
                                                market is not a member of the ISG or is                   basis.                                                  notice to solicit comments on the
                                                a market with which the Exchange does                                                                             proposed rule change from interested
                                                not have a CSSA. Furthermore, not more                       For the foregoing reasons, the
                                                                                                                                                                  persons.
                                                than 10% of the net assets of the Fund                    Commission finds that the proposed
                                                in the aggregate invested in futures                      rule change, as modified by Amendment                   I. Self-Regulatory Organization’s
                                                contracts shall consist of futures                        No. 1, is consistent with Section 6(b)(5)               Statement of the Terms of the Substance
                                                contracts whose principal market is not                   of the Act 55 and the rules and                         of the Proposed Rule Change
                                                a member of ISG or is a market with                       regulations thereunder applicable to a                     The Exchange proposes to amend its
                                                which the Exchange does not have a                        national securities exchange.                           Fees Schedule. The text of the proposed
                                                CSSA. No more than 10% of the net                                                                                 rule change is available on the
                                                                                                          IV. Conclusion
                                                assets of the Fund will be invested in                                                                            Exchange’s Web site (http://
                                                ADRs that are not exchange-listed.                          It is therefore ordered, pursuant to                  www.c2exchange.com/Legal/), at the
                                                   (9) The Fund’s investments will be                     Section 19(b)(2) of the Exchange Act,56                 Exchange’s Office of the Secretary, and
                                                consistent with the Fund’s investment                     that the proposed rule change (SR–                      at the Commission’s Public Reference
                                                objective and will not be used to                         NYSEArca–2016–79), as modified by                       Room.
                                                produce leveraged returns. The Fund’s                     Amendment No. 1, be, and it hereby is,
                                                investments will not be used to seek                                                                              II. Self-Regulatory Organization’s
                                                                                                          approved.                                               Statement of the Purpose of, and
                                                performance that is the multiple or
                                                inverse multiple (i.e., 2Xs and 3Xs) of                     For the Commission, by the Division of                Statutory Basis for, the Proposed Rule
                                                the Index.                                                Trading and Markets, pursuant to delegated              Change
                                                   (10) All ETFs in which the Fund                        authority.57                                               In its filing with the Commission, the
                                                invests will be listed and traded in the                  Robert W. Errett,                                       Exchange included statements
                                                U.S. on a national securities exchange                    Deputy Secretary.                                       concerning the purpose of and basis for
                                                and the Fund will not invest in inverse                   [FR Doc. 2016–18052 Filed 7–29–16; 8:45 am]             the proposed rule change and discussed
                                                ETFs or in leveraged (e.g., 2X, –2X, 3X                                                                           any comments it received on the
                                                                                                          BILLING CODE 8011–01–P
                                                or –3X) ETFs.                                                                                                     proposed rule change. The text of these
                                                   (11) The Fund will not invest in                                                                               statements may be examined at the
                                                                                                            54 The Commission notes that certain other
                                                options or swaps.                                                                                                 places specified in Item IV below. The
                                                                                                          proposals for the listing and trading of Managed
                                                   (12) A minimum of 100,000 Shares for                   Fund Shares include a representation that the           Exchange has prepared summaries, set
                                                the Fund will be outstanding at the                       exchange will ‘‘surveil’’ for compliance with the       forth in sections A, B, and C below, of
                                                commencement of trading on the                            continued listing requirements. See, e.g., Securities   the most significant aspects of such
                                                Exchange.                                                 Exchange Act Release No. 77499 (April 1, 2016), 81
                                                                                                          FR 20428 (April 7, 2016) (SR–BATS–2016–04)
                                                                                                                                                                  statements.
                                                   The Exchange represents that all                       (approving a proposed rule change to list and trade
                                                statements and representations made in                                                                            A. Self-Regulatory Organization’s
                                                                                                          shares of the SPDR DoubleLine Short Duration
                                                the filing regarding (a) the description of               Total Return Tactical ETF), available at: http://       Statement of the Purpose of, and
                                                the portfolio, (b) limitations on portfolio               www.sec.gov/rules/sro/bats/2016/34-77499.pdf. In        Statutory Basis for, the Proposed Rule
                                                holdings or reference assets, or (c) the                  the context of this representation, it is the           Change
                                                                                                          Commission’s view that ‘‘monitor’’ and ‘‘surveil’’
sradovich on DSK3GMQ082PROD with NOTICES




                                                applicability of Exchange rules and                       both mean ongoing oversight of the Fund’s               1. Purpose
                                                surveillance procedures shall constitute                  compliance with the continued listing
                                                                                                          requirements. Therefore, the Commission does not
                                                                                                                                                                     The Exchange proposes to amend its
                                                continued listing requirements for
                                                                                                          view ‘‘monitor’’ as a more or less stringent            Fees Schedule.3 Specifically, the
                                                listing the Shares on the Exchange. In                    obligation than ‘‘surveil’’ with respect to the
                                                addition, the issuer has represented to                   continued listing requirements.                           1 15U.S.C. 78s(b)(1).
                                                the Exchange that it will advise the                        55 15 U.S.C. 78f(b)(5).                                 2 17CFR 240.19b–4.
                                                                                                            56 15 U.S.C. 78s(b)(2).                                 3 The Exchange initially filed the proposed fee
                                                  53 See   17 CFR 240.10A–3.                                57 17 CFR 200.30–3(a)(12).                            change on July 1, 2016 (SR–C2–2016–011). On July



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                                                                                       Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Notices                                                                  50581

                                                Exchange proposes to increase Maker                                    2000 Index (‘‘RUT’’)), ETF and ETN                            following rates. Listed rates are per
                                                rebates for simple orders in all equity,                               options classes. Specifically, the                            contract.
                                                multiply-listed index (except Russell                                  Exchange proposes to adopt the

                                                                                                                                                                          Penny Classes                         Non-Penny

                                                                                                                                                                      Current        Proposed            Current           Proposed

                                                Public Customer ..............................................................................................              (.37)             (.42)             (.75)               (.80)
                                                C2 Market-Maker .............................................................................................               (.40)             (.45)             (.68)               (.73)
                                                All Other Origins (Professional Customer, Firm, Broker/Dealer, non-C2 Mar-
                                                   ket-Maker, JBO, etc.) ...................................................................................                (.35)             (.40)             (.60)              (.65)
                                                Trades on the Open ........................................................................................                (0.00)            (0.00)            (0.00)             (0.00)



                                                   The Exchange believes the increased                                 Trading Permit Holders and other                              market participants. Finally, all rebate
                                                amounts will incentivize more volume                                   persons using its facilities.                                 amounts listed as applying to Market-
                                                to the Exchange. Specifically, the                                        The Exchange believes the proposed                         Makers will be applied equally to all
                                                proposed increased rebates are intended                                rule change is reasonable because the                         Market-Makers.
                                                to encourage C2 Market-Makers to quote                                 proposed change provides additional                              The Exchange also believes it is
                                                more often and attract market                                          rebates to Makers and is designed to                          equitable and not unfairly
                                                participants to send orders to the                                     attract additional volume to the                              discriminatory to provide lower rebates
                                                Exchange, which will then incent                                       Exchange, which benefits all market                           to all other origins (i.e., Professional
                                                Takers to trade with those orders and                                  participants.                                                 Customer, Firm, Broker/Dealer, non-C2
                                                                                                                          The Exchange believes that it is                           Market-Maker, JBO, etc.). Particularly,
                                                quotes. The Exchange notes that the
                                                                                                                       equitable and not unfairly                                    the Exchange notes that it believes it’s
                                                proposed Maker rebate amounts are                                      discriminatory to provide higher rebates                      equitable and not unfairly
                                                similar to and in line with the amounts                                to Public Customers as compared to                            discriminatory to provide lower rebates
                                                currently assessed for simple, non-                                    other market participants (other than C2                      than it does of Market-Makers, because
                                                complex orders in equity, multiply-                                    Market-Makers for penny classes)                              these market participants do not have
                                                listed index, ETF and ETN options                                      because Public Customer order flow                            the same obligations, such as quoting, as
                                                classes at other Exchanges.4                                           enhances liquidity on the Exchange for                        Market-Makers do. The Exchange
                                                2. Statutory Basis                                                     the benefit of all market participants.                       believes it’s equitable and not unfairly
                                                                                                                       Specifically, Public Customer liquidity                       discriminatory to assess lower rebate
                                                   The Exchange believes the proposed                                  benefits all market participants by                           than it does to Public Customers,
                                                rule change is consistent with the                                     providing more trading opportunities,                         because, as described above, there is a
                                                Securities Exchange Act of 1934 (the                                   which attracts Market-Makers. An                              history of providing preferential pricing
                                                ‘‘Act’’) and the rules and regulations                                 increase in the activity of these market                      to Public Customers as Public Customer
                                                thereunder applicable to the Exchange                                  participants in turn facilitates tighter                      liquidity benefits all market participants
                                                and, in particular, the requirements of                                spreads, which may cause an additional                        by providing more trading
                                                Section 6(b) of the Act.5 Specifically,                                corresponding increase in order flow                          opportunities. The Exchange notes that
                                                the Exchange believes the proposed rule                                from other market participants.                               the proposed fee and rebate amounts
                                                change is consistent with the Section                                  Moreover, the options industry has a                          listed will also be applied equally to
                                                6(b)(5) 6 requirements that the rules of                               long history of providing preferential                        each of these market participants (i.e.,
                                                an exchange be designed to prevent                                     pricing to Public Customers. Finally, all                     Professional Customers, Firms, Broker/
                                                fraudulent and manipulative acts and                                   fee and rebate amounts listed as                              Dealers, non-C2 Market-Makers, JBOs,
                                                practices, to promote just and equitable                               applying to Public Customers will be                          etc. will be assessed the same amount).
                                                                                                                       applied equally to all Public Customers.                      It should also be noted that all fee and
                                                principles of trade, to foster cooperation                                The Exchange believes that it is                           rebate amounts described herein are
                                                and coordination with persons engaged                                  equitable and not unfairly                                    intended to attract greater order flow to
                                                in regulating, clearing, settling,                                     discriminatory to provide higher rebates                      the Exchange, which should therefore
                                                processing information with respect to,                                to Market-Makers as compared to other                         serve to benefit all Exchange market
                                                and facilitating transactions in                                       market participants other than Public                         participants.
                                                securities, to remove impediments to                                   Customers (for non-penny options)                                The Exchange believes it’s reasonable,
                                                and perfect the mechanism of a free and                                because Market-Makers, unlike other C2                        equitable and not unfairly
                                                open market and a national market                                      market participants, take on a number of                      discriminatory to continue to assess no
                                                system, and, in general, to protect                                    obligations, including quoting                                fees and offer no rebates for Trades on
                                                investors and the public interest.                                     obligations, that other market                                the Open because trades on the Open
                                                Additionally, the Exchange believes the                                participants do not have. Further, these                      involve the matching of undisplayed
                                                proposed rule change is consistent with                                lower fees and higher rebates offered to                      pre-opening trading interest. As such,
                                                Section 6(b)(4) of the Act,7 which                                     Market-Makers are intended to incent                          there is, in effect, no Maker or Taker
                                                requires that Exchange rules provide for                               Market-Makers to quote and trade more                         activity occurring. Additionally, the
sradovich on DSK3GMQ082PROD with NOTICES




                                                the equitable allocation of reasonable                                 on the Exchange, thereby providing                            Exchange would like to encourage users
                                                dues, fees, and other charges among its                                more trading opportunities for all                            to submit pre-opening orders.

                                                14, 2016, the Exchange withdrew that filing and                        Maker rebate of $0.25 to $0.53, (2) Market-Maker              Market-Maker Maker rebate of $0.42 to $0.52, and
                                                replaced it with this filing.                                          Maker rebate of $0.35 to $0.42, and (3) Firm and              (3) Firm and Broker Maker rebate of $0.36 to $0.67.
                                                  4 See e.g., Bats BZX Options Exchange Fee                            Broker Dealer Maker rebate of $0.36 to $0.46; and               5 15 U.S.C. 78f(b).

                                                Schedule, Transaction Fees, which lists, for                           for executions in non-Penny Pilot securities, (1)               6 15 U.S.C. 78f(b)(5).

                                                executions in Penny Pilot securities, (1) Customer                     Customer Maker rebate of $0.85 to $1.00, (2)                    7 15 U.S.C. 78f(b)(4).




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                                                50582                            Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Notices

                                                   The Exchange lastly believes it’s                       III. Date of Effectiveness of the Proposed                 Reference Room, 100 F Street NE.,
                                                equitable and not unfairly                                 Rule Change and Timing for                                 Washington, DC 20549 on official
                                                discriminatory to assess higher rebates                    Commission Action                                          business days between the hours of
                                                for non-Penny option classes than                             The foregoing rule change has become                    10:00 a.m. and 3:00 p.m. Copies of such
                                                Penny option classes because Penny                         effective pursuant to Section 19(b)(3)(A)                  filing also will be available for
                                                classes and non-Penny classes offer                        of the Act 9 and paragraph (f) of Rule                     inspection and copying at the principal
                                                different pricing, liquidity, spread and                   19b–4 10 thereunder. At any time within                    office of the Exchange. All comments
                                                trading incentives. The spreads in                         60 days of the filing of the proposed rule                 received will be posted without change;
                                                Penny classes are tighter than those in                    change, the Commission summarily may                       the Commission does not edit personal
                                                non-Penny classes (which trade in $0.05                    temporarily suspend such rule change if                    identifying information from
                                                increments). The wider spreads in non-                     it appears to the Commission that such                     submissions. You should submit only
                                                Penny option classes allow for greater                     action is necessary or appropriate in the                  information that you wish to make
                                                profit potential.                                          public interest, for the protection of                     available publicly. All submissions
                                                                                                           investors, or otherwise in furtherance of                  should refer to File Number SR–C2–
                                                B. Self-Regulatory Organization’s
                                                                                                           the purposes of the Act. If the                            2016–013, and should be submitted on
                                                Statement on Burden on Competition
                                                                                                           Commission takes such action, the                          or before August 22, 2016.
                                                   C2 does not believe that the proposed                   Commission will institute proceedings                        For the Commission, by the Division of
                                                rule change will impose any burden on                      to determine whether the proposed rule                     Trading and Markets, pursuant to delegated
                                                competition that is not necessary or                       change should be approved or                               authority.11
                                                appropriate in furtherance of the                          disapproved.                                               Robert W. Errett,
                                                purposes of the Act. The Exchange does                                                                                Deputy Secretary.
                                                not believe that the proposed rule                         IV. Solicitation of Comments
                                                                                                                                                                      [FR Doc. 2016–18057 Filed 7–29–16; 8:45 am]
                                                change will impose any burden on                             Interested persons are invited to
                                                                                                                                                                      BILLING CODE 8011–01–P
                                                intramarket competition that is not                        submit written data, views, and
                                                necessary or appropriate in furtherance                    arguments concerning the foregoing,
                                                of the purposes of the Act because,                        including whether the proposed rule                        SECURITIES AND EXCHANGE
                                                while different rebates are assessed to                    change is consistent with the Act.                         COMMISSION
                                                different market participants in some                      Comments may be submitted by any of
                                                circumstances, these different market                      the following methods:                                     [Release No.34–78419; File No. SR–Phlx–
                                                participants have different obligations                                                                               2016–78]
                                                                                                           Electronic Comments
                                                and different circumstances (as
                                                described in the ‘‘Statutory Basis’’                         • Use the Commission’s Internet                          Self-Regulatory Organizations;
                                                section above). For example, Public                        comment form (http://www.sec.gov/                          NASDAQ PHLX LLC; Notice of Filing
                                                Customers order flow, as discussed                         rules/sro.shtml); or                                       and Immediate Effectiveness of
                                                above, enhances liquidity on the                             • Send an email to rule-comments@                        Proposed Rule Change To Amend Phlx
                                                Exchange for the benefit of all market                     sec.gov. Please include File Number SR–                    Rule 754 (Employees’ Discretion as to
                                                participants. There is also a history in                   C2–2016–013 on the subject line.                           Customers’ Accounts)
                                                the options markets of providing                           Paper Comments                                             July 26, 2016.
                                                preferential treatment to Public                             • Send paper comments in triplicate                         Pursuant to Section 19(b)(1) of the
                                                Customers. Additionally, Market-                           to Secretary, Securities and Exchange                      Securities Exchange Act of 1934
                                                Makers have quoting obligations that                       Commission, 100 F Street NE.,                              (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                other market participants do not have.                     Washington, DC 20549–1090.                                 notice is hereby given that on July 14,
                                                   The Exchange does not believe that                      All submissions should refer to File                       2016, NASDAQ PHLX LLC (‘‘Phlx’’ or
                                                the proposed change will impose any                        Number SR–C2–2016–013. This file                           ‘‘Exchange’’) filed with the Securities
                                                burden on intermarket competition that                     number should be included on the                           and Exchange Commission
                                                is not necessary or appropriate in                         subject line if email is used. To help the                 (‘‘Commission’’) the proposed rule
                                                furtherance of the purposes of the Act                     Commission process and review your                         change as described in Items I, II, and
                                                because it only applies to trading on the                  comments more efficiently, please use                      III, below, which Items have been
                                                Exchange. Further, the proposed rebate                     only one method. The Commission will                       prepared by the Exchange. The
                                                amounts are similar to those assessed                      post all comments on the Commission’s                      Commission is publishing this notice to
                                                for similar orders by other exchanges,8                    Internet Web site (http://www.sec.gov/                     solicit comments on the proposed rule
                                                and therefore should continue to                           rules/sro.shtml). Copies of the                            change from interested persons.
                                                encourage competition. Should the                          submission, all subsequent
                                                proposed change make C2 a more                             amendments, all written statements                         I. Self-Regulatory Organization’s
                                                attractive trading venue for market                        with respect to the proposed rule                          Statement of the Terms of Substance of
                                                participants at other exchanges, such                      change that are filed with the                             the Proposed Rule Change
                                                market participants may elect to become                    Commission, and all written                                  The Exchange proposes to amend
                                                market participants at C2.                                 communications relating to the                             Rule 754 of the Phlx rules. The text of
                                                C. Self-Regulatory Organization’s                          proposed rule change between the                           the proposed rule change is available on
                                                Statement on Comments on the                               Commission and any person, other than                      the Exchange’s Web site at http://
sradovich on DSK3GMQ082PROD with NOTICES




                                                Proposed Rule Change Received From                         those that may be withheld from the                        nasdaqphlx.cchwallstreet.com/, at the
                                                Members, Participants, or Others                           public in accordance with the                              principal office of the Exchange, and at
                                                                                                           provisions of 5 U.S.C. 552, will be                        the Commission’s Public Reference
                                                  The Exchange neither solicited nor                       available for Web site viewing and                         Room.
                                                received comments on the proposed                          printing in the Commission’s Public
                                                rule change.                                                                                                            11 17 CFR 200.30–3(a)(12).
                                                                                                                9 15 U.S.C. 78s(b)(3)(A).                               1 15 U.S.C. 78s(b)(1).
                                                  8 See   supra note 4.                                         10 17 CFR 240.19b–4(f).                                 2 17 CFR 240.19b–4.




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Document Created: 2016-07-30 06:25:58
Document Modified: 2016-07-30 06:25:58
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 50580 

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