81_FR_52105 81 FR 51954 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Options Regulatory Fee

81 FR 51954 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Options Regulatory Fee

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 151 (August 5, 2016)

Page Range51954-51957
FR Document2016-18571

Federal Register, Volume 81 Issue 151 (Friday, August 5, 2016)
[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)]
[Notices]
[Pages 51954-51957]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18571]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78453; File No. SR-BatsBZX-2016-42]


Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
the Options Regulatory Fee

August 1, 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 20, 2016, Bats BZX Exchange, Inc. (the ``Exchange'' or 
``BZX'') 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 
Exchange has designated the proposed rule change as one establishing or 
changing a member due, fee, or other charge imposed by the Exchange 
under section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) 
thereunder,\4\ which renders the proposed rule change effective upon 
filing with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

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

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

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

A. Self-Regulatory Organization's Statement of the Purpose of, and 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 (``BZX Options'') to amend the rate of its 
ORF as well as to expand its application to non-Members. Currently, the 
Exchange

[[Page 51955]]

charges an ORF in the amount of $0.0010 per contract side. The Exchange 
proposes to decrease the amount of ORF to $0.0008 per contract side.
    Currently, the per-contract ORF is assessed by the Exchange to each 
Member for all options transactions executed and cleared, or simply 
cleared, by the Member, that are cleared by OCC in the ``customer'' 
range, regardless of the exchange on which the transaction occurs. The 
ORF is collected indirectly from Members through their clearing firms 
by OCC on behalf of the Exchange. The ORF is also charged for 
transactions that are not executed by a Member but are ultimately 
cleared by a Member. Thus, in the case where a non-Member executes a 
transaction and a Member clears the transaction, the ORF is assessed to 
the Member who clears the transaction. Similarly, in the case where a 
Member executes a transaction and another Member clears the 
transaction, the ORF is assessed to the Member who clears the 
transaction.
    The Exchange now proposes to expand the application of ORF to 
options transactions executed or cleared by non-Members in the 
``customer'' range. As proposed, the ORF will be assessed by BZX 
Options to each Member and non-Member for all options transactions 
cleared by OCC in the ``customer'' range, regardless of the exchange on 
which the transaction occurs. Like for Members, the ORF will be 
collected indirectly from non-Members through their clearing firms by 
OCC on behalf of BZX Options.
    The Exchange believes it is appropriate to charge the ORF to 
transactions by non-Members that clear as customer at the OCC, 
irrespective of where the transactions takes place. Many of the 
Exchange's surveillance programs for customer trading activity require 
the Exchange to look at activity across all options markets, such as 
surveillances for position limit violations, manipulation, insider 
trading, front-running and contrary exercise advice violations/expiring 
exercise declarations. Accordingly, there is a strong nexus between the 
ORF and the Exchange's regulatory activities with respect to its 
Members', as well as non-Members', customer trading activity. These 
activities span across multiple exchanges.
    In addition to its own surveillance programs, the Exchange works 
with other SROs and exchanges on intermarket surveillance related 
issues. Through its participation in the Intermarket Surveillance Group 
(``ISG''),\6\ the Exchange shares information and coordinates inquiries 
and investigations with other exchanges designed to address potential 
intermarket manipulation and trading abuses. Also, the Exchange and the 
other options exchanges are required to populate a consolidated options 
audit trail (``COATS'') \7\ system in order to surveil trading 
activities across markets.
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    \6\ ISG is an industry organization formed in 1983 to coordinate 
intermarket surveillance among the SROs by co-operatively sharing 
regulatory information pursuant to a written agreement between the 
parties. The goal of the ISG's information sharing is to coordinate 
regulatory efforts to address potential intermarket trading abuses 
and manipulations.
    \7\ COATS effectively enhances intermarket options surveillance 
by enabling the options exchanges to reconstruct the market promptly 
to effectively surveil certain rules.
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    The Exchange proposes to assess ORF monthly based on information 
received from the OCC regarding transactions that cleared in the 
customer range. Notably, the Exchange believes that this will help to 
alleviate confusion or even potential double-billing of customer 
transactions. In particular, by billing all customer transactions on a 
monthly basis the Exchange will be able to capture transactions that 
may have been executed on the Exchange that were submitted for clearing 
by a Member but then ``flipped'' to the account of a non-Member. Thus, 
the Exchange believes that charging the ORF to Members and non-Members 
across all markets will avoid having non-Members clear their trades 
through non-Members in order to avoid the fee and to thereby avoid 
paying for their fair share for regulation. If the ORF did not apply to 
activity across markets then a non-Member would send their orders to 
the least cost, least regulated exchange. In addition, applying the fee 
to all Members' and non-Members' activity across all market will avoid 
options participants from terminating their membership status on or not 
becoming a Members of certain exchanges simply to avoid being assessed 
ORF.
    As discussed above, the ORF is designed to recover a material 
portion of the costs to the Exchange of the supervision and regulation 
of Members' and non-Member's customer options business, including 
performing routine surveillances and investigations, as well as policy, 
rulemaking, interpretive and enforcement activities. The Exchange 
believes that revenue generated from the ORF, when combined with all of 
the Exchange's other regulatory fees and fines, will continue to cover 
a material portion, but not all, of the Exchange's regulatory costs.\8\
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    \8\ The Exchange notes that its regulatory responsibilities with 
respect to compliance with options sales practice rules has been 
allocated to the Financial Industry Regulatory Authority, Inc. 
(``FINRA'') under a 17d-2 Agreement. The ORF is not designed to 
cover the cost of options sales practice regulation.
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    The Exchange will continue to monitor the amount of revenue 
collected from the ORF to ensure that it, in combination with its other 
regulatory fees and fines, does not exceed the Exchange's total 
regulatory costs. The Exchange expects to monitor its regulatory costs 
and revenues at a minimum on a semi-annual basis. If the Exchange 
determines regulatory revenues exceed or are insufficient to cover a 
material portion of its regulatory costs, the Exchange will adjust the 
ORF by submitting a fee change filing to the Commission. The Exchange 
will continue to notify Members and non-Members of adjustments to the 
ORF at least 30 calendar days prior to the effective date of the 
change.\9\
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    \9\ The Exchange announced its intent to charge an ORF on June 
30, 2016. See Bats Options Exchange Regulatory Fee Schedule Update 
Effective August 1, 2016 available at: http://cdn.batstrading.com/resources/fee_schedule/2016/Bats-Options-Exchange-Regulatory-Fee-Schedule-Update-Effective-August-1-2016.pdf.
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Implementation Date
    The Exchange proposes to implement changes to the ORF on August 1, 
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.\10\ 
Specifically, the Exchange believes that the proposed rule change is 
consistent with section 6(b)(4) of the Act,\11\ 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.
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    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes the decreased ORF is equitable and not 
unfairly discriminatory because it would be objectively allocated to 
Members and non-Members in that it would be charged to all Members and 
non-Members on all their transactions that

[[Page 51956]]

clear as customer transactions at the OCC. In addition, the Exchange 
believes the amount of the ORF is reasonable as it is significantly 
lower than ORFs charged by other exchanges. By way of comparison, MIAX 
charges an ORF of $0.0045 per contract side,\12\ and both NYSE Arca and 
NYSE Amex charge an ORF of $0.0055 per contract side.\13\ The CBOE 
charges an ORF of $0.0081 per contract.\14\
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    \12\ See MIAX fee schedule available at http://www.miaxoptions.com/sites/default/files/MIAX_Options_Fee_Schedule_06012016.pdf (dated May 1, 2016).
    \13\ See NYSE Arca Options fee schedule available at https://www.nyse.com/publicdocs/nyse/markets/arca-options/NYSE_Arca_Options_Fee_Schedule.pdf (dated June 6, 2016); and NYSE 
Amex fee schedule available at https://www.nyse.com/publicdocs/nyse/markets/amex-options/NYSE_Amex_Options_Fee_Schedule.pdf (dated June 
9, 2016).
    \14\ See CBOE fee schedule available at http://www.cboe.com/framed/pdfframed.aspx?content=/publish/feeschedule/CBOEFeeSchedule.pdf§ion=SEC_RESOURCES&title=CBOE%20Fee%20Schedule
 (dated May 16, 2016).
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    The Exchange believes the expanding the decreased ORF to 
transactions executed or cleared by non-Members is equitable and not 
unfairly discriminatory because it should avoid having transactions 
cleared through non-Members in order to avoid the fee and to thereby 
avoid paying for their fair share for regulation.\15\ If the ORF did 
not apply to activity across markets then a non-Member would send their 
orders to the least cost, least regulated exchange. In addition, 
applying the fee to all Members' and non-Members' activity across all 
market will avoid options participants from terminating their 
membership status on or not becoming a Members of certain exchanges 
simply to avoid being assessed ORF. Moreover, the Exchange believes the 
ORF ensures fairness by assessing fees to those Members and non-Members 
that are directly based on the amount of customer options business they 
conduct.
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    \15\ Despite rule text to the contrary, the Exchange believes 
based on conversations with market participants that other options 
exchanges currently charge an ORF on all options transactions 
cleared by the OCC in the customer range regardless of whether they 
are executed or cleared by their member.
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    The Exchange also believes it is reasonable and appropriate for the 
Exchange to charge the ORF for options transactions by a non-Member 
regardless of the exchange on which the transactions occur. The 
Exchange has a statutory obligation to enforce compliance by Members 
and their associated persons under the Act and the rules of the 
Exchange and cannot effectively surveil for manipulative conduct by 
market participants (including non-Members) trading on the Exchange 
without looking at and evaluating activity across all options markets. 
Many of the Exchange's market surveillance programs require the 
Exchange to look at and evaluate activity across all options markets, 
such as surveillance for position limit violations, manipulation, 
front-running and contrary exercise advice violations/expiring exercise 
declarations.
    The Exchange has designed the ORF to generate revenues that, when 
combined with all of the Exchange's other regulatory fees, will be less 
than or equal to the Exchange's regulatory costs, which is consistent 
with the Commission's view that regulatory fees be used for regulatory 
purposes and not to support the Exchange's business side. In this 
regard, the Exchange believes that the decreased level of the fee and 
its expansion to non-Members is reasonable and appropriate.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The ORF is not intended to have 
any impact on competition. Rather, it is designed to enable the 
Exchange to recover a material portion of the Exchange's cost related 
to its regulatory activities. The decreased ORF is also comparable to, 
and in most instances less than, ORF fees charged by other options 
exchanges. The expansion of ORF to non-Members is also not designed to 
have an impact on competition as the Exchange believes based on 
conversations from market participants that it is consistent with the 
practice by other exchanges in applying ORF to non-Member transactions, 
despite rule text to the contrary.

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 \16\ and paragraph (f) of Rule 19b-4 
thereunder.\17\ At any time within 60 days of the filing of the 
proposed rule change, the Commission summarily may temporarily suspend 
such rule change if it appears to the Commission that such action is 
necessary or appropriate in the public interest, for the protection of 
investors, or otherwise in furtherance of the purposes of the Act.
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    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File No. SR-BatsBZX-2016-42 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-BatsBZX-2016-42. 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

[[Page 51957]]

available publicly. All submissions should refer to File No. SR-
BatsBZX-2016-42, and should be submitted on or before August 26, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-18571 Filed 8-4-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                  51954                          Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices

                                                  enable the Exchange to recover a                        All submissions should refer to File No.              ‘‘Exchange’’ or ‘‘BZX’’) filed with the
                                                  material portion of the Exchange’s cost                 SR–BatsEDGX–2016–33. This file                        Securities and Exchange Commission
                                                  related to its regulatory activities. The               number should be included on the                      (the ‘‘Commission’’) the proposed rule
                                                  proposed ORF is also comparable to,                     subject line if email is used. To help the            change as described in Items I, II, and
                                                  and in most instances less than, ORF                    Commission process and review your                    III below, which Items have been
                                                  fees charged by other options                           comments more efficiently, please use                 prepared by the Exchange. The
                                                  exchanges. Further, the expansion of                    only one method. The Commission will                  Exchange has designated the proposed
                                                  ORF to non-Members is also not                          post all comments on the Commission’s                 rule change as one establishing or
                                                  designed to have an impact on                           Internet Web site (http://www.sec.gov/                changing a member due, fee, or other
                                                  competition as the Exchange believes                    rules/sro.shtml). Copies of the                       charge imposed by the Exchange under
                                                  based on conversations from market                      submission, all subsequent                            section 19(b)(3)(A)(ii) of the Act 3 and
                                                  participants that it is consistent with the             amendments, all written statements                    Rule 19b–4(f)(2) thereunder,4 which
                                                  practice by other exchanges in applying                 with respect to the proposed rule                     renders the proposed rule change
                                                  ORF to non-Member transactions,                         change that are filed with the                        effective upon filing with the
                                                  despite rule text to the contrary.                      Commission, and all written                           Commission. The Commission is
                                                                                                          communications relating to the                        publishing this notice to solicit
                                                  C. Self-Regulatory Organization’s                       proposed rule change between the                      comments on the proposed rule change
                                                  Statement on Comments on the                            Commission and any person, other than                 from interested persons.
                                                  Proposed Rule Change Received From                      those that may be withheld from the
                                                  Members, Participants, or Others                        public in accordance with the                         I. Self-Regulatory Organization’s
                                                                                                          provisions of 5 U.S.C. 552, will be                   Statement of the Terms of Substance of
                                                    The Exchange has not solicited, and
                                                                                                          available for Web site viewing and                    the Proposed Rule Change
                                                  does not intend to solicit, comments on
                                                  this proposed rule change. The                          printing in the Commission’s Public                      The Exchange filed a proposal to
                                                  Exchange has not received any written                   Reference Room, 100 F Street NE.,                     amend the fee schedule applicable to
                                                  comments from members or other                          Washington, DC 20549, on official                     Members 5 and non-members of the
                                                  interested parties.                                     business days between the hours of                    Exchange pursuant to BZX Rules 15.1(a)
                                                                                                          10:00 a.m. and 3:00 p.m. Copies of the                and (c).
                                                  III. Date of Effectiveness of the                       filing also will be available for                        The text of the proposed rule change
                                                  Proposed Rule Change and Timing for                     inspection and copying at the principal               is available at the Exchange’s Web site
                                                  Commission Action                                       office of the Exchange. All comments                  at www.batstrading.com, at the
                                                     The foregoing rule change has become                 received will be posted without change;               principal office of the Exchange, and at
                                                  effective pursuant to section 19(b)(3)(A)               the Commission does not edit personal                 the Commission’s Public Reference
                                                  of the Act 17 and paragraph (f) of Rule                 identifying information from                          Room.
                                                  19b–4 thereunder.18 At any time within                  submissions. You should submit only
                                                                                                          information that you wish to make                     II. Self-Regulatory Organization’s
                                                  60 days of the filing of the proposed rule                                                                    Statement of the Purpose of, and
                                                  change, the Commission summarily may                    available publicly. All submissions
                                                                                                          should refer to File No. SR–BatsEDGX–                 Statutory Basis for, the Proposed Rule
                                                  temporarily suspend such rule change if                                                                       Change
                                                  it appears to the Commission that such                  2016–33, and should be submitted on or
                                                  action is necessary or appropriate in the               before August 26, 2016.                                 In its filing with the Commission, the
                                                  public interest, for the protection of                    For the Commission, by the Division of              Exchange included statements
                                                  investors, or otherwise in furtherance of               Trading and Markets, pursuant to delegated            concerning the purpose of and basis for
                                                  the purposes of the Act.                                authority.19                                          the proposed rule change and discussed
                                                                                                          Robert W. Errett,                                     any comments it received on the
                                                  IV. Solicitation of Comments                            Deputy Secretary.                                     proposed rule change. The text of these
                                                    Interested persons are invited to                     [FR Doc. 2016–18570 Filed 8–4–16; 8:45 am]            statements may be examined at the
                                                  submit written data, views, and                         BILLING CODE 8011–01–P
                                                                                                                                                                places specified in Item IV below. The
                                                  arguments concerning the foregoing,                                                                           Exchange has prepared summaries, set
                                                  including whether the proposed rule                                                                           forth in sections A, B, and C below, of
                                                  change is consistent with the Act.                      SECURITIES AND EXCHANGE                               the most significant parts of such
                                                  Comments may be submitted by any of                     COMMISSION                                            statements.
                                                  the following methods:                                  [Release No. 34–78453; File No. SR–                   A. Self-Regulatory Organization’s
                                                  Electronic Comments                                     BatsBZX–2016–42]                                      Statement of the Purpose of, and the
                                                                                                                                                                Statutory Basis for, the Proposed Rule
                                                    • Use the Commission’s Internet                       Self-Regulatory Organizations; Bats                   Change
                                                  comment form (http://www.sec.gov/                       BZX Exchange, Inc.; Notice of Filing
                                                  rules/sro.shtml); or                                    and Immediate Effectiveness of a                      1. Purpose
                                                    • Send an email to rule-comments@                     Proposed Rule Change To Amend the                       The Exchange proposes to modify the
                                                  sec.gov. Please include File No. SR–                    Options Regulatory Fee                                fee schedule applicable to the
                                                  BatsEDGX–2016–33 on the subject line.                   August 1, 2016.                                       Exchange’s options platform (‘‘BZX
                                                                                                             Pursuant to section 19(b)(1) of the                Options’’) to amend the rate of its ORF
                                                  Paper Comments                                                                                                as well as to expand its application to
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          Securities Exchange Act of 1934 (the
                                                    • Send paper comments in triplicate                   ‘‘Act’’),1 and Rule 19b–4 thereunder,2                non-Members. Currently, the Exchange
                                                  to Secretary, Securities and Exchange                   notice is hereby given that on July 20,                 3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                  Commission, 100 F Street NE.,                           2016, Bats BZX Exchange, Inc. (the                      4 17 CFR 240.19b–4(f)(2).
                                                  Washington, DC 20549–1090.                                                                                      5 The term ‘‘Member’’ is defined as ‘‘any
                                                                                                            19 17 CFR 200.30–3(a)(12).                          registered broker or dealer that has been admitted
                                                    17 15 U.S.C. 78s(b)(3)(A).                              1 15 U.S.C. 78s(b)(1).                              to membership in the Exchange.’’ See Exchange
                                                    18 17 CFR 240.19b–4(f).                                 2 17 CFR 240.19b–4.                                 Rule 1.5(n).



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                                                                                 Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices                                                  51955

                                                  charges an ORF in the amount of                         (‘‘ISG’’),6 the Exchange shares                       portion, but not all, of the Exchange’s
                                                  $0.0010 per contract side. The Exchange                 information and coordinates inquiries                 regulatory costs.8
                                                  proposes to decrease the amount of ORF                  and investigations with other exchanges                  The Exchange will continue to
                                                  to $0.0008 per contract side.                           designed to address potential                         monitor the amount of revenue
                                                                                                          intermarket manipulation and trading                  collected from the ORF to ensure that it,
                                                     Currently, the per-contract ORF is
                                                                                                          abuses. Also, the Exchange and the                    in combination with its other regulatory
                                                  assessed by the Exchange to each
                                                                                                          other options exchanges are required to               fees and fines, does not exceed the
                                                  Member for all options transactions                                                                           Exchange’s total regulatory costs. The
                                                  executed and cleared, or simply cleared,                populate a consolidated options audit
                                                                                                          trail (‘‘COATS’’) 7 system in order to                Exchange expects to monitor its
                                                  by the Member, that are cleared by OCC                                                                        regulatory costs and revenues at a
                                                  in the ‘‘customer’’ range, regardless of                surveil trading activities across markets.
                                                                                                                                                                minimum on a semi-annual basis. If the
                                                  the exchange on which the transaction                      The Exchange proposes to assess ORF                Exchange determines regulatory
                                                  occurs. The ORF is collected indirectly                 monthly based on information received                 revenues exceed or are insufficient to
                                                  from Members through their clearing                     from the OCC regarding transactions                   cover a material portion of its regulatory
                                                  firms by OCC on behalf of the Exchange.                 that cleared in the customer range.                   costs, the Exchange will adjust the ORF
                                                  The ORF is also charged for transactions                Notably, the Exchange believes that this              by submitting a fee change filing to the
                                                  that are not executed by a Member but                   will help to alleviate confusion or even              Commission. The Exchange will
                                                  are ultimately cleared by a Member.                     potential double-billing of customer                  continue to notify Members and non-
                                                  Thus, in the case where a non-Member                    transactions. In particular, by billing all           Members of adjustments to the ORF at
                                                  executes a transaction and a Member                     customer transactions on a monthly                    least 30 calendar days prior to the
                                                  clears the transaction, the ORF is                      basis the Exchange will be able to                    effective date of the change.9
                                                  assessed to the Member who clears the                   capture transactions that may have been
                                                  transaction. Similarly, in the case where                                                                     Implementation Date
                                                                                                          executed on the Exchange that were
                                                  a Member executes a transaction and                     submitted for clearing by a Member but                  The Exchange proposes to implement
                                                  another Member clears the transaction,                                                                        changes to the ORF on August 1, 2016.
                                                                                                          then ‘‘flipped’’ to the account of a non-
                                                  the ORF is assessed to the Member who                   Member. Thus, the Exchange believes                   2. Statutory Basis
                                                  clears the transaction.                                 that charging the ORF to Members and                     The Exchange believes that the
                                                     The Exchange now proposes to                         non-Members across all markets will                   proposed rule change is consistent with
                                                  expand the application of ORF to                        avoid having non-Members clear their                  the requirements of the Act and the
                                                  options transactions executed or cleared                trades through non-Members in order to                rules and regulations thereunder that
                                                  by non-Members in the ‘‘customer’’                      avoid the fee and to thereby avoid                    are applicable to a national securities
                                                  range. As proposed, the ORF will be                     paying for their fair share for regulation.           exchange, and, in particular, with the
                                                  assessed by BZX Options to each                         If the ORF did not apply to activity                  requirements of section 6 of the Act.10
                                                  Member and non-Member for all options                   across markets then a non-Member                      Specifically, the Exchange believes that
                                                  transactions cleared by OCC in the                      would send their orders to the least cost,            the proposed rule change is consistent
                                                  ‘‘customer’’ range, regardless of the                   least regulated exchange. In addition,                with section 6(b)(4) of the Act,11 in that
                                                  exchange on which the transaction                       applying the fee to all Members’ and                  it provides for the equitable allocation
                                                  occurs. Like for Members, the ORF will                  non-Members’ activity across all market               of reasonable dues, fees and other
                                                  be collected indirectly from non-                       will avoid options participants from                  charges among members and other
                                                  Members through their clearing firms by                 terminating their membership status on                persons using any facility or system
                                                  OCC on behalf of BZX Options.                           or not becoming a Members of certain                  which the Exchange operates or
                                                     The Exchange believes it is                          exchanges simply to avoid being                       controls. The Exchange notes that it
                                                  appropriate to charge the ORF to                        assessed ORF.                                         operates in a highly competitive market
                                                  transactions by non-Members that clear                                                                        in which market participants can
                                                                                                             As discussed above, the ORF is                     readily direct order flow to competing
                                                  as customer at the OCC, irrespective of                 designed to recover a material portion of
                                                  where the transactions takes place.                                                                           venues or providers of routing services
                                                                                                          the costs to the Exchange of the                      if they deem fee levels to be excessive.
                                                  Many of the Exchange’s surveillance                     supervision and regulation of Members’                   The Exchange believes the decreased
                                                  programs for customer trading activity
                                                                                                          and non-Member’s customer options                     ORF is equitable and not unfairly
                                                  require the Exchange to look at activity
                                                                                                          business, including performing routine                discriminatory because it would be
                                                  across all options markets, such as
                                                                                                          surveillances and investigations, as well             objectively allocated to Members and
                                                  surveillances for position limit
                                                                                                          as policy, rulemaking, interpretive and               non-Members in that it would be
                                                  violations, manipulation, insider
                                                                                                          enforcement activities. The Exchange                  charged to all Members and non-
                                                  trading, front-running and contrary                                                                           Members on all their transactions that
                                                                                                          believes that revenue generated from the
                                                  exercise advice violations/expiring
                                                  exercise declarations. Accordingly,                     ORF, when combined with all of the
                                                                                                                                                                   8 The Exchange notes that its regulatory
                                                  there is a strong nexus between the ORF                 Exchange’s other regulatory fees and
                                                                                                                                                                responsibilities with respect to compliance with
                                                  and the Exchange’s regulatory activities                fines, will continue to cover a material              options sales practice rules has been allocated to
                                                  with respect to its Members’, as well as                                                                      the Financial Industry Regulatory Authority, Inc.
                                                                                                             6 ISG is an industry organization formed in 1983   (‘‘FINRA’’) under a 17d–2 Agreement. The ORF is
                                                  non-Members’, customer trading                                                                                not designed to cover the cost of options sales
                                                                                                          to coordinate intermarket surveillance among the
                                                  activity. These activities span across                  SROs by co-operatively sharing regulatory             practice regulation.
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                                                  multiple exchanges.                                     information pursuant to a written agreement              9 The Exchange announced its intent to charge an

                                                                                                          between the parties. The goal of the ISG’s            ORF on June 30, 2016. See Bats Options Exchange
                                                     In addition to its own surveillance                  information sharing is to coordinate regulatory       Regulatory Fee Schedule Update Effective August 1,
                                                  programs, the Exchange works with                       efforts to address potential intermarket trading      2016 available at: http://cdn.batstrading.com/
                                                  other SROs and exchanges on                             abuses and manipulations.                             resources/fee_schedule/2016/Bats-Options-
                                                                                                             7 COATS effectively enhances intermarket           Exchange-Regulatory-Fee-Schedule-Update-
                                                  intermarket surveillance related issues.                                                                      Effective-August-1-2016.pdf.
                                                                                                          options surveillance by enabling the options
                                                  Through its participation in the                        exchanges to reconstruct the market promptly to          10 15 U.S.C. 78f.
                                                  Intermarket Surveillance Group                          effectively surveil certain rules.                       11 15 U.S.C. 78f(b)(4).




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                                                  51956                          Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices

                                                  clear as customer transactions at the                   (including non-Members) trading on the                    19b–4 thereunder.17 At any time within
                                                  OCC. In addition, the Exchange believes                 Exchange without looking at and                           60 days of the filing of the proposed rule
                                                  the amount of the ORF is reasonable as                  evaluating activity across all options                    change, the Commission summarily may
                                                  it is significantly lower than ORFs                     markets. Many of the Exchange’s market                    temporarily suspend such rule change if
                                                  charged by other exchanges. By way of                   surveillance programs require the                         it appears to the Commission that such
                                                  comparison, MIAX charges an ORF of                      Exchange to look at and evaluate                          action is necessary or appropriate in the
                                                  $0.0045 per contract side,12 and both                   activity across all options markets, such                 public interest, for the protection of
                                                  NYSE Arca and NYSE Amex charge an                       as surveillance for position limit                        investors, or otherwise in furtherance of
                                                  ORF of $0.0055 per contract side.13 The                 violations, manipulation, front-running                   the purposes of the Act.
                                                  CBOE charges an ORF of $0.0081 per                      and contrary exercise advice violations/
                                                                                                                                                                    IV. Solicitation of Comments
                                                  contract.14                                             expiring exercise declarations.
                                                     The Exchange believes the expanding                     The Exchange has designed the ORF                        Interested persons are invited to
                                                  the decreased ORF to transactions                       to generate revenues that, when                           submit written data, views, and
                                                  executed or cleared by non-Members is                   combined with all of the Exchange’s                       arguments concerning the foregoing,
                                                  equitable and not unfairly                              other regulatory fees, will be less than                  including whether the proposed rule
                                                  discriminatory because it should avoid                  or equal to the Exchange’s regulatory                     change is consistent with the Act.
                                                  having transactions cleared through                     costs, which is consistent with the                       Comments may be submitted by any of
                                                  non-Members in order to avoid the fee                   Commission’s view that regulatory fees                    the following methods:
                                                  and to thereby avoid paying for their fair              be used for regulatory purposes and not                   Electronic Comments
                                                  share for regulation.15 If the ORF did not              to support the Exchange’s business side.
                                                  apply to activity across markets then a                 In this regard, the Exchange believes                       • Use the Commission’s Internet
                                                  non-Member would send their orders to                   that the decreased level of the fee and                   comment form (http://www.sec.gov/
                                                  the least cost, least regulated exchange.               its expansion to non-Members is                           rules/sro.shtml); or
                                                  In addition, applying the fee to all                                                                                • Send an email to rule-comments@
                                                                                                          reasonable and appropriate.
                                                  Members’ and non-Members’ activity                                                                                sec.gov. Please include File No. SR–
                                                  across all market will avoid options                    B. Self-Regulatory Organization’s                         BatsBZX–2016–42 on the subject line.
                                                  participants from terminating their                     Statement on Burden on Competition
                                                                                                                                                                    Paper Comments
                                                  membership status on or not becoming                      The Exchange does not believe that
                                                                                                                                                                       • Send paper comments in triplicate
                                                  a Members of certain exchanges simply                   the proposed rule change will impose
                                                                                                                                                                    to Secretary, Securities and Exchange
                                                  to avoid being assessed ORF. Moreover,                  any burden on competition not
                                                                                                                                                                    Commission, 100 F Street NE.,
                                                  the Exchange believes the ORF ensures                   necessary or appropriate in furtherance
                                                                                                                                                                    Washington, DC 20549–1090.
                                                  fairness by assessing fees to those                     of the purposes of the Act. The ORF is
                                                  Members and non-Members that are                        not intended to have any impact on                        All submissions should refer to File No.
                                                  directly based on the amount of                         competition. Rather, it is designed to                    SR–BatsBZX–2016–42. This file number
                                                  customer options business they                          enable the Exchange to recover a                          should be included on the subject line
                                                  conduct.                                                material portion of the Exchange’s cost                   if email is used. To help the
                                                     The Exchange also believes it is                     related to its regulatory activities. The                 Commission process and review your
                                                  reasonable and appropriate for the                      decreased ORF is also comparable to,                      comments more efficiently, please use
                                                  Exchange to charge the ORF for options                  and in most instances less than, ORF                      only one method. The Commission will
                                                  transactions by a non-Member                            fees charged by other options                             post all comments on the Commission’s
                                                  regardless of the exchange on which the                 exchanges. The expansion of ORF to                        Internet Web site (http://www.sec.gov/
                                                  transactions occur. The Exchange has a                  non-Members is also not designed to                       rules/sro.shtml). Copies of the
                                                  statutory obligation to enforce                         have an impact on competition as the                      submission, all subsequent
                                                  compliance by Members and their                         Exchange believes based on                                amendments, all written statements
                                                  associated persons under the Act and                    conversations from market participants                    with respect to the proposed rule
                                                  the rules of the Exchange and cannot                    that it is consistent with the practice by                change that are filed with the
                                                  effectively surveil for manipulative                    other exchanges in applying ORF to                        Commission, and all written
                                                  conduct by market participants                          non-Member transactions, despite rule                     communications relating to the
                                                                                                          text to the contrary.                                     proposed rule change between the
                                                    12 See MIAX fee schedule available at http://                                                                   Commission and any person, other than
                                                  www.miaxoptions.com/sites/default/files/MIAX_           C. Self-Regulatory Organization’s                         those that may be withheld from the
                                                  Options_Fee_Schedule_06012016.pdf (dated May 1,         Statement on Comments on the                              public in accordance with the
                                                  2016).                                                  Proposed Rule Change Received From
                                                    13 See NYSE Arca Options fee schedule available
                                                                                                                                                                    provisions of 5 U.S.C. 552, will be
                                                                                                          Members, Participants, or Others                          available for Web site viewing and
                                                  at https://www.nyse.com/publicdocs/nyse/markets/
                                                  arca-options/NYSE_Arca_Options_Fee_                       The Exchange has not solicited, and                     printing in the Commission’s Public
                                                  Schedule.pdf (dated June 6, 2016); and NYSE Amex        does not intend to solicit, comments on                   Reference Room, 100 F Street NE.,
                                                  fee schedule available at https://www.nyse.com/                                                                   Washington, DC 20549, on official
                                                  publicdocs/nyse/markets/amex-options/NYSE_              this proposed rule change. The
                                                  Amex_Options_Fee_Schedule.pdf (dated June 9,            Exchange has not received any written                     business days between the hours of
                                                  2016).                                                  comments from members or other                            10:00 a.m. and 3:00 p.m. Copies of the
                                                    14 See CBOE fee schedule available at http://
                                                                                                          interested parties.                                       filing also will be available for
                                                  www.cboe.com/framed/pdfframed.aspx?content=/                                                                      inspection and copying at the principal
                                                  publish/feeschedule/CBOEFeeSchedule.pdf&                III. Date of Effectiveness of the                         office of the Exchange. All comments
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                                                  section=SEC_RESOURCES&title=CBOE%20Fee%20               Proposed Rule Change and Timing for
                                                  Schedule (dated May 16, 2016).                                                                                    received will be posted without change;
                                                    15 Despite rule text to the contrary, the Exchange
                                                                                                          Commission Action                                         the Commission does not edit personal
                                                  believes based on conversations with market                The foregoing rule change has become                   identifying information from
                                                  participants that other options exchanges currently     effective pursuant to section 19(b)(3)(A)                 submissions. You should submit only
                                                  charge an ORF on all options transactions cleared
                                                  by the OCC in the customer range regardless of          of the Act 16 and paragraph (f) of Rule                   information that you wish to make
                                                  whether they are executed or cleared by their
                                                  member.                                                   16 15   U.S.C. 78s(b)(3)(A).                              17 17   CFR 240.19b–4(f).



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                                                                                            Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices                                                                                     51957

                                                  available publicly. All submissions                                        of OMB-approved information                                          I. The information collections below
                                                  should refer to File No. SR–BatsBZX–                                       collections.                                                      are pending at SSA. SSA will submit
                                                  2016–42, and should be submitted on or                                        SSA is soliciting comments on the                              them to OMB within 60 days from the
                                                  before August 26, 2016.                                                    accuracy of the agency’s burden                                   date of this notice. To be sure we
                                                    For the Commission, by the Division of
                                                                                                                             estimate; the need for the information;                           consider your comments, we must
                                                  Trading and Markets, pursuant to delegated                                 its practical utility; ways to enhance its                        receive them no later than October 4,
                                                  authority.18                                                               quality, utility, and clarity; and ways to                        2016. Individuals can obtain copies of
                                                  Robert W. Errett,                                                          minimize burden on respondents,                                   the collection instruments by writing to
                                                                                                                             including the use of automated                                    the above email address.
                                                  Deputy Secretary.
                                                                                                                             collection techniques or other forms of
                                                  [FR Doc. 2016–18571 Filed 8–4–16; 8:45 am]
                                                                                                                             information technology. Mail, email, or                              1. Application for Child’s Insurance
                                                  BILLING CODE 8011–01–P
                                                                                                                             fax your comments and                                             Benefits—20 CFR 404.350–404.368,
                                                                                                                             recommendations on the information                                404.603, & 416.350—0960–0010. Title II
                                                                                                                             collection(s) to the OMB Desk Officer                             of the Social Security Act (Act) provides
                                                                                                                             and SSA Reports Clearance Officer at                              for the payment of monthly benefits to
                                                  SOCIAL SECURITY ADMINISTRATION                                             the following addresses or fax numbers.                           children of an insured retired, disabled,
                                                                                                                             (OMB), Office of Management and                                   or deceased worker. Section 202(d) of
                                                  [Docket No: SSA–2016–0035]                                                    Budget, Attn: Desk Officer for SSA,                            the Act discloses the conditions and
                                                                                                                                Fax: 202–395–6974, Email address:                              requirements the applicant must meet
                                                  Agency Information Collection                                                                                                                when filing an application. SSA uses
                                                  Activities: Proposed Request and                                              OIRA_Submission@omb.eop.gov.
                                                                                                                             (SSA), Social Security Administration,                            the information on Form SSA–4–BK to
                                                  Comment Request                                                                                                                              determine entitlement for children of
                                                                                                                                OLCA, Attn: Reports Clearance
                                                     The Social Security Administration                                         Director, 3100 West High Rise, 6401                            living and deceased workers to monthly
                                                  (SSA) publishes a list of information                                         Security Blvd., Baltimore, MD 21235,                           Social Security payments. Respondents
                                                  collection packages requiring clearance                                       Fax: 410–966–2830, Email address:                              are guardians completing the form on
                                                  by the Office of Management and                                               OR.Reports.Clearance@ssa.gov.                                  behalf of the children of living or
                                                  Budget (OMB) in compliance with                                               Or you may submit your comments                                deceased workers, or the children of
                                                  Public Law 104–13, the Paperwork                                           online through www.regulations.gov,                               living or deceased workers.
                                                  Reduction Act of 1995, effective October                                   referencing Docket ID Number [SSA–                                   Type of Request: Revision of an OMB-
                                                  1, 1995. This notice includes revisions                                    2016–0035].                                                       approved information collection.

                                                                                                                                                                                                                           Average                 Estimated
                                                                                                                                                                           Number of        Frequency of                 burden per               total annual
                                                                                          Modality of completion                                                          respondents         response                    response                   burden
                                                                                                                                                                                                                          (minutes)                  (hours)

                                                  Life Claims (paper) ..........................................................................................                 15,207                         1                         12              3,041
                                                  Life Claims (Modernized Claim System (MCS)/Signature Proxy) ...................                                               465,428                         1                         11             85,328
                                                  Death Claims (paper) ......................................................................................                     6,290                         1                         12              1,258
                                                  Death Claims (MCS/Signature Proxy) .............................................................                              193,131                         1                         11             35,407

                                                        Totals ........................................................................................................         680,056    ........................   ........................         125,034



                                                    2. Private Printing and Modification                                     SSA’s approval, entities must make                                SSA employees review the requests and
                                                  of Prescribed Application and Other                                        their requests in writing using their                             provide approval via email or mail to
                                                  Forms—20 CFR 422.527—0960–0663.                                            company letterhead, providing the                                 the third-party entities. The respondents
                                                  20 CFR 422.527 of the Code of Federal                                      required information set forth in the                             are third-party entities who submit a
                                                  Regulations requires a person,                                             regulation. SSA uses the information to:                          request to SSA to reproduce, duplicate,
                                                  institution, or organization (third-party                                  (1) Ensure requests comply with the law                           or privately print an SSA-owned form.
                                                  entities) to obtain approval from SSA                                      and regulations, and (2) process requests
                                                  prior to reproducing, duplicating, or                                      from third-party entities who want to                               Type of Request: Revision of an OMB-
                                                  privately printing any application or                                      reproduce, duplicate, or privately print                          approved information collection.
                                                  other form the agency owns. To obtain                                      any SSA application or other SSA form.

                                                                                                                                                                                                                           Average               Estimated total
                                                                                                                                                                           Number of        Frequency of                 burden per                  annual
                                                                                          Modality of completion                                                          respondents         response                    response                   burden
                                                                                                                                                                                                                          (minutes)                  (hours)

                                                  20 CFR 422.527 ..............................................................................................                       10                      15                          10                 25
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                                                    3. Protection and Advocacy for                                           the number of Social Security Disability                          the result of receiving support,
                                                  Beneficiaries of Social Security                                           Insurance (SSDI) or Supplemental                                  representation, advocacy, or other
                                                  (PABSS)—20 CFR 435.51–435.52—                                              Security Income (SSI) recipients who                              services. PABSS provides information
                                                  0960–0768. The PABSS projects are part                                     return to work and achieve financial                              and advice about obtaining vocational
                                                  of Social Security’s strategy to increase                                  independence and self-sufficiency as                              rehabilitation and employment services,

                                                    18 17   CFR 200.30–3(a)(12).



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Document Created: 2016-08-05 06:43:39
Document Modified: 2016-08-05 06:43:39
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 51954 

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