81_FR_54309 81 FR 54152 - Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of the Exchange's Options Platform

81 FR 54152 - Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of the Exchange's Options Platform

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 157 (August 15, 2016)

Page Range54152-54154
FR Document2016-19324

Federal Register, Volume 81 Issue 157 (Monday, August 15, 2016)
[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Notices]
[Pages 54152-54154]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19324]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78522; File No. SR-BatsEDGX-2016-40]


Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change Related 
to Fees for Use of the Exchange's Options Platform

August 9, 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 29, 2016, Bats EDGX Exchange, Inc. (the ``Exchange'' or 
``EDGX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II 
and III below, which Items have been prepared by the Exchange. The 
Exchange has designated the proposed rule change as one establishing or 
changing a member due, fee, or other charge imposed by the Exchange 
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) 
thereunder,\4\ which renders the proposed rule change effective upon 
filing with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

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

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

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

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

1. Purpose
    The Exchange proposes to amend its fee schedule for its equity 
options platform (``EDGX Options'') to: (i) Modify the criteria 
necessary to achieve Customer Volume Tier 5; (ii) modify criteria 
necessary to achieve Market Maker Volume Tier 7 and decrease the 
corresponding rate; and (iii) adopt a new tier entitled the ``Firm 
Penny Pilot Cross-Asset Tier''.
    The Exchange determines the reduced fee or enhanced rebate using a 
tiered pricing structure offering two tiers under footnotes 1 and 2 of 
the fee schedule, Customer Volume Tiers and Market Maker Volume Tiers, 
respectively. Under the tiers, Members that achieve certain volume 
criteria may qualify for reduced fees or enhanced rebates for Customer 
\6\ and Market Maker \7\ orders. The Exchange proposes to modify the 
criteria necessary to achieve Customer Volume Tier 5 under footnote 1, 
and modify the corresponding rate and criteria necessary to achieve 
Market Maker Volume Tier 7 under footnote 2. The Exchange also proposes 
to adopt a new tier entitled the ``Firm Penny Pilot Cross-Asset Tier'' 
under a new footnote 4.
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    \6\ As defined in the Exchange's fee schedule available at 
http://www.batsoptions.com/support/fee_schedule/edgx/.
    \7\ Id.
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    Customer Volume Tier 5. Fee codes PC and NC are currently appended 
to all Customer orders in Penny Pilot Securities \8\ and Non-Penny 
Pilot Securities,\9\ respectively, and result in a standard rebate of 
$0.05 per contract. The Customer Volume Tiers in footnote 1 consist of 
five separate tiers, each providing an enhanced rebate to a Member's 
Customer order that yields fee codes PC or NC upon satisfying monthly 
volume criteria required by the respective tier. For instance, pursuant 
to Customer Volume Tier 1, the lowest volume tier, a Member will 
receive a rebate of $0.10 per contract where the Member has an ADV \10\ 
in Customer

[[Page 54153]]

orders equal to or greater than 0.15% of average TCV.\11\
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    \8\ Id.
    \9\ Id.
    \10\ Id.
    \11\ As defined in the Exchange's fee schedule available at 
http://www.batsoptions.com/support/fee_schedule/edgx/.
---------------------------------------------------------------------------

    Pursuant to Customer Volume Tier 5, a Member currently will receive 
a rebate of $0.21 per contract where: (i) The Member has an ADV in 
Customer orders equal to or greater than 0.20% of average TCV; and (ii) 
the Member has an ADV in Market Maker orders equal to or greater than 
0.10% of average TCV. To encourage the entry of additional orders, the 
Exchange proposes to modify the criteria necessary to achieve Customer 
Volume Tier 5 to require that: (i) The Member has an ADV in Customer 
orders equal to or greater than 0.05% of average TCV; and (ii) the 
Member has an ADV in Customer or Market Maker orders equal to or 
greater than 0.25% of average TCV. The Exchange believes that 
decreasing the first prong's ADV requirement and expanding the second 
prong to include Customer orders, despite increasing the corresponding 
ADV requirement, will make Customer Volume Tier 5 more attainable for 
additional Members who seek to receive the increased rebate for their 
orders that yield fee codes NC or PC.
    Market Maker Volume Tier 7. Fee codes PM and NM are currently 
appended to all Market Maker orders in Penny Pilot Securities and Non-
Penny Pilot Securities, respectively, and result in a standard fee of 
$0.19 per contract. The Market Maker Volume Tiers in footnote 2 consist 
of seven separate tiers, each providing a reduced fee or rebate to a 
Member's Market Maker order that yields fee codes PM or NM upon 
satisfying the monthly volume criteria required by the respective tier. 
For instance, pursuant to Market Maker Volume Tier 1, the lowest volume 
tier, a Member will pay a reduced fee of $0.16 per contract where the 
Member has an ADV in Market Maker orders equal to or greater than 0.05% 
of average TCV.
    Pursuant to Market Maker Volume Tier 7, a Member will be charged a 
reduced fee of $0.10 per contract where the Member has an ADV in: (i) 
Customer orders equal to or greater than 0.20% of average TCV; (ii) 
Market Maker orders equal to or greater than 0.10% of average TCV. To 
encourage the entry of additional orders to the Exchange, the Exchange 
proposes to modify the criteria necessary to achieve Market Maker 
Volume Tier 7 to require that: (i) The Member has an ADV in Customer 
orders equal to or greater than 0.05% of average TCV; and (2) the 
Member has an ADV in Customer or Market Maker orders equal to or 
greater than 0.25% of average TCV. The Exchange believes that 
decreasing the first prong's ADV requirement and expanding the second 
prong to include Customer orders, despite increasing the corresponding 
ADV requirement, will make Customer Volume Tier 5 [sic] more attainable 
for additional Members who seek to receive the increased rebate for 
their orders that yield fee codes NM or PM. Additionally, the Exchange 
proposes to reduce the fee for the Market Maker Volume Tier 7 from 
$0.10 per contract to $0.03 per contract. In conjunction with the 
proposed tier, the Exchange also proposes to update the Standard Rate 
table.
    Firm Penny Pilot Cross-Asset Tier. The Exchange proposes to amend 
its fee schedule to adopt a new tier under footnote 4 called the Firm 
Penny Pilot Cross-Asset Tier. The proposed tier would require 
participation on the Exchange's equities platform (``EDGX Equities'') 
and would provide Members a reduced fee of $0.32 per contract for 
orders that yield fee code PF \12\ where the Member: (i) Has an ADV in 
Firm \13\ orders equal to or greater than 0.10% of average TCV; and 
(ii) has on EDGX Equities an ADAV \14\ equal to or greater than 0.12% 
of average TCV. In conjunction with the proposed tier, the Exchange 
also proposes to appended footnote 4 to fee code PF in the Fee Codes 
and Associate Fees table and to update the Standard Rate table.
---------------------------------------------------------------------------

    \12\ Fee code PF is appended to Firm orders in Penny Pilot 
Securities.
    \13\ As defined in the Exchange's fee schedule available at 
http://www.batsoptions.com/support/fee_schedule/edgx/.
    \14\ As defined in the EDGX Equities' fee schedule available at 
http://batstrading.com/support/fee_schedule/edgx/.
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Implementation Date
    The Exchange proposes to implement these amendments to its fee 
schedule 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.\15\ 
Specifically, the Exchange believes that the proposed rule change is 
consistent with Section 6(b)(4) of the Act,\16\ 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.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f.
    \16\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes its proposed fees and rebates pursuant to the 
tiered pricing structure are reasonable, fair and equitable, and non-
discriminatory. The Exchange operates in a highly competitive market in 
which market participants may readily send order flow to many competing 
venues if they deem fees at the Exchange to be excessive. As a new 
options exchange, the proposed fee structure remains intended to 
attract order flow to the Exchange by offering market participants a 
competitive yet simple pricing structure. At the same time, the 
Exchange believes it is reasonable to incrementally adopt incentives 
intended to help to contribute to the growth of the Exchange.
    Volume-based rebates such as those currently maintained on the 
Exchange have been widely adopted by options exchanges and are 
equitable because they are open to all Members on an equal basis and 
provide additional benefits or discounts that are reasonably related to 
the value of an exchange's market quality associated with higher levels 
of market activity, such as higher levels of liquidity provision and/or 
growth patterns, and introduction of higher volumes of orders into the 
price and volume discovery processes. The proposed modifications to the 
Customer Volume Tier 5 and Market Maker Volume Tier 7 and the addition 
of footnote 4, Firm Penny Pilot Cross-Asset Tier, are each intended to 
incentivize Members to send additional Customer and Market Maker orders 
to the Exchange in an effort to qualify for the enhanced rebate or 
lower fee made available by the tiers.
    The Exchange believes that the proposal to add a Firm Penny Pilot 
Cross-Asset Tier is a reasonable, fair and equitable, and not unfairly 
discriminatory allocation of fees because it will provide Members with 
an additional incentive to reach certain thresholds on both EDGX 
Options and EDGX Equities. The increased liquidity from this proposal 
also benefits all investors by deepening the EDGX Options and EDGX 
Equities liquidity pools, offering additional flexibility for all 
investors to enjoy cost savings, supporting the quality of price 
discovery, promoting market transparency and improving investor 
protection. Such pricing programs thereby reward a Member's growth 
pattern on the Exchange and such increased volume increases potential 
revenue to the Exchange, and will allow the Exchange to continue to 
provide and potentially expand the incentive

[[Page 54154]]

programs operated by the Exchange. To the extent a Member participates 
on the EDGX Options but not on EDGX Equities, the Exchange does believe 
that the proposal is still reasonable, equitably allocated and non-
discriminatory with respect to such Member based on the overall benefit 
to the Exchange resulting from the success of EDGX Equities. As noted 
above, such success allows the Exchange to continue to provide and 
potentially expand its existing incentive programs to the benefit of 
all participants on the Exchange, whether they participate on EDGX 
Equities or not. The proposed pricing program is also fair and 
equitable in that membership in EDGX Equities is available to all 
market participants which would provide them with access to the 
benefits on EDGX Equities provided by the proposed changes, as 
described above, even where a member of EDGX Equities is not 
necessarily eligible for the proposed increased rebates on the 
Exchange.
    The Exchange believes that the proposed tiers are reasonable, fair 
and equitable, and non-discriminatory, for the reasons set forth above 
with respect to volume-based pricing generally and because such changes 
will incentivize participants to further contribute to market quality. 
The proposed tiers will provide an additional way for market 
participants to qualify for enhanced rebates or reduced fees. The 
Exchange also believes that the proposed tiered pricing structure is 
consistent with pricing previously offered by the Exchange as well as 
other options exchanges and does not represent a significant departure 
from such pricing structures.\17\
---------------------------------------------------------------------------

    \17\ See, e.g., Bats BZX Exchange, Inc. (``BZX'') Options Fee 
Schedule, Footnote 1, Customer Add Volume Tier 5, which provides an 
enhanced rebate to Customer orders on BZX Options based on both 
Customer volume and Market Maker volume. The BZX Options Fee 
Schedule is available at: http://www.batsoptions.com/support/fee_schedule/bzx/.
---------------------------------------------------------------------------

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

    The Exchange believes the proposed amendments to its fee schedule 
would not impose any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. To the contrary, 
the Exchange has designed the proposed amendments to its fee schedule 
to enhance its ability to compete with other exchanges. Rather, the 
proposal as a whole is a competitive proposal that is seeking to 
further the growth of the Exchange. The Exchange has structured certain 
fees and rebates proposed herein to attract certain additional volume 
in both Customer and certain Non-Customer \18\ orders, however, the 
Exchange believes that its pricing for all capacities is competitive 
with that offered by other options exchanges. Additionally, Members may 
opt to disfavor the Exchange's pricing if they believe that the 
alternatives offer them better value. Accordingly, the Exchange does 
not believe that the proposed change will impair the ability of Members 
or competing venues to maintain their competitive standing in the 
financial markets. The Exchange believes that the price changes 
contribute to, rather than burden competition, as such changes are 
broadly intended to incentivize participants to increase their 
participation on the Exchange, which will increase the liquidity and 
market quality on the Exchange and further enhance the Exchange's 
ability to compete with other exchanges.
---------------------------------------------------------------------------

    \18\ As defined in the Exchange's fee schedule available at 
http://www.batsoptions.com/support/fee_schedule/edgx/.
---------------------------------------------------------------------------

(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 \19\ and paragraph (f) of Rule 19b-4 
thereunder.\20\ 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.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-BatsEDGX-2016-40 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-BatsEDGX-2016-40. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing will also be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-BatsEDGX-2016-40 and should 
be submitted on or before September 6, 2016.\21\

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.
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    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-19324 Filed 8-12-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                54152                            Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Notices

                                                Comments may be submitted by any of                       SECURITIES AND EXCHANGE                               statements may be examined at the
                                                the following methods:                                    COMMISSION                                            places specified in Item IV below. The
                                                                                                                                                                Exchange has prepared summaries, set
                                                Electronic Comments                                       [Release No. 34–78522; File No. SR-
                                                                                                                                                                forth in Sections A, B, and C below, of
                                                                                                          BatsEDGX–2016–40]
                                                  • Use the Commission’s Internet                                                                               the most significant parts of such
                                                comment form (http://www.sec.gov/                         Self-Regulatory Organizations; Bats                   statements.
                                                rules/sro.shtml); or                                      EDGX Exchange, Inc.; Notice of Filing                 (A) Self-Regulatory Organization’s
                                                                                                          and Immediate Effectiveness of a                      Statement of the Purpose of, and
                                                  • Send an email to rule-comments@                       Proposed Rule Change Related to Fees
                                                sec.gov. Please include File Number SR–                                                                         Statutory Basis for, the Proposed Rule
                                                                                                          for Use of the Exchange’s Options                     Change
                                                NYSE–2016–53 on the subject line.                         Platform
                                                Paper Comments                                                                                                  1. Purpose
                                                                                                          August 9, 2016.
                                                                                                             Pursuant to Section 19(b)(1) of the                   The Exchange proposes to amend its
                                                  • Send paper comments in triplicate                                                                           fee schedule for its equity options
                                                to Brent J. Fields, Secretary, Securities                 Securities Exchange Act of 1934 (the
                                                                                                          ‘‘Act’’),1 and Rule 19b–4 thereunder,2                platform (‘‘EDGX Options’’) to: (i)
                                                and Exchange Commission, 100 F Street                                                                           Modify the criteria necessary to achieve
                                                                                                          notice is hereby given that on July 29,
                                                NE., Washington, DC 20549–1090.                                                                                 Customer Volume Tier 5; (ii) modify
                                                                                                          2016, Bats EDGX Exchange, Inc. (the
                                                All submissions should refer to File                      ‘‘Exchange’’ or ‘‘EDGX’’) filed with the              criteria necessary to achieve Market
                                                Number SR–NYSE–2016–53. This file                         Securities and Exchange Commission                    Maker Volume Tier 7 and decrease the
                                                number should be included on the                          (‘‘Commission’’) the proposed rule                    corresponding rate; and (iii) adopt a
                                                subject line if email is used. To help the                change as described in Items I, II and III            new tier entitled the ‘‘Firm Penny Pilot
                                                Commission process and review your                        below, which Items have been prepared                 Cross-Asset Tier’’.
                                                comments more efficiently, please use                     by the Exchange. The Exchange has                        The Exchange determines the reduced
                                                only one method. The Commission will                      designated the proposed rule change as                fee or enhanced rebate using a tiered
                                                post all comments on the Commission’s                     one establishing or changing a member                 pricing structure offering two tiers
                                                Internet Web site (http://www.sec.gov/                    due, fee, or other charge imposed by the              under footnotes 1 and 2 of the fee
                                                rules/sro.shtml). Copies of the                           Exchange under Section 19(b)(3)(A)(ii)                schedule, Customer Volume Tiers and
                                                submission, all subsequent                                of the Act 3 and Rule 19b–4(f)(2)                     Market Maker Volume Tiers,
                                                                                                          thereunder,4 which renders the                        respectively. Under the tiers, Members
                                                amendments, all written statements
                                                                                                          proposed rule change effective upon                   that achieve certain volume criteria may
                                                with respect to the proposed rule
                                                                                                          filing with the Commission. The                       qualify for reduced fees or enhanced
                                                change that are filed with the                            Commission is publishing this notice to               rebates for Customer 6 and Market
                                                Commission, and all written                               solicit comments on the proposed rule                 Maker 7 orders. The Exchange proposes
                                                communications relating to the                            change from interested persons.                       to modify the criteria necessary to
                                                proposed rule change between the                                                                                achieve Customer Volume Tier 5 under
                                                Commission and any person, other than                     I. Self-Regulatory Organization’s
                                                                                                                                                                footnote 1, and modify the
                                                those that may be withheld from the                       Statement of the Terms of Substance of
                                                                                                                                                                corresponding rate and criteria
                                                public in accordance with the                             the Proposed Rule Change
                                                                                                                                                                necessary to achieve Market Maker
                                                provisions of 5 U.S.C. 552, will be                          The Exchange filed a proposal to                   Volume Tier 7 under footnote 2. The
                                                available for Web site viewing and                        amend the fee schedule applicable to                  Exchange also proposes to adopt a new
                                                printing in the Commission’s Public                       Members 5 and non-Members of the                      tier entitled the ‘‘Firm Penny Pilot
                                                Reference Room, 100 F Street NE.,                         Exchange pursuant to EDGX Rules                       Cross-Asset Tier’’ under a new footnote
                                                Washington, DC 20549, on official                         15.1(a) and (c).                                      4.
                                                business days between the hours of                           The text of the proposed rule change                  Customer Volume Tier 5. Fee codes
                                                10:00 a.m. and 3:00 p.m. Copies of the                    is available at the Exchange’s Web site               PC and NC are currently appended to all
                                                filing also will be available for                         at www.batstrading.com, at the                        Customer orders in Penny Pilot
                                                inspection and copying at the principal                   principal office of the Exchange, and at              Securities 8 and Non-Penny Pilot
                                                office of the Exchange. All comments                      the Commission’s Public Reference
                                                                                                                                                                Securities,9 respectively, and result in a
                                                received will be posted without change;                   Room.
                                                                                                                                                                standard rebate of $0.05 per contract.
                                                the Commission does not edit personal                     II. Self-Regulatory Organization’s                    The Customer Volume Tiers in footnote
                                                identifying information from                              Statement of the Purpose of, and                      1 consist of five separate tiers, each
                                                submissions. You should submit only                       Statutory Basis for, the Proposed Rule                providing an enhanced rebate to a
                                                information that you wish to make                         Change                                                Member’s Customer order that yields fee
                                                available publicly. All submissions                          In its filing with the Commission, the             codes PC or NC upon satisfying monthly
                                                should refer to File Number SR–NYSE–                      Exchange included statements                          volume criteria required by the
                                                2016–53, and should be submitted on or                    concerning the purpose of and basis for               respective tier. For instance, pursuant to
                                                before September 6, 2016.                                 the proposed rule change and discussed                Customer Volume Tier 1, the lowest
                                                                                                          any comments it received on the                       volume tier, a Member will receive a
                                                  For the Commission, by the Division of                                                                        rebate of $0.10 per contract where the
                                                Trading and Markets, pursuant to delegated                proposed rule change. The text of these
                                                                                                                                                                Member has an ADV 10 in Customer
sradovich on DSK3GMQ082PROD with NOTICES




                                                authority.17
                                                                                                            1 15 U.S.C. 78s(b)(1).
                                                Robert W. Errett,                                           2 17                                                  6 As defined in the Exchange’s fee schedule
                                                                                                                 CFR 240.19b–4.
                                                Deputy Secretary.                                           3 15 U.S.C. 78s(b)(3)(A)(ii).                       available at http://www.batsoptions.com/support/
                                                [FR Doc. 2016–19317 Filed 8–12–16; 8:45 am]                 4 17 CFR 240.19b–4(f)(2).                           fee_schedule/edgx/.
                                                                                                                                                                  7 Id.
                                                                                                            5 The term ‘‘Member’’ is defined as ‘‘any
                                                BILLING CODE 8011–01–P                                                                                            8 Id.
                                                                                                          registered broker or dealer that has been admitted
                                                                                                                                                                  9 Id.
                                                                                                          to membership in the Exchange.’’ See Exchange
                                                  17 17   CFR 200.30–3(a)(12).                            Rule 1.5(n).                                            10 Id.




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                                                                             Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Notices                                            54153

                                                orders equal to or greater than 0.15% of                orders equal to or greater than 0.25% of              which the Exchange operates or
                                                average TCV.11                                          average TCV. The Exchange believes                    controls.
                                                   Pursuant to Customer Volume Tier 5,                  that decreasing the first prong’s ADV                    The Exchange believes its proposed
                                                a Member currently will receive a rebate                requirement and expanding the second                  fees and rebates pursuant to the tiered
                                                of $0.21 per contract where: (i) The                    prong to include Customer orders,                     pricing structure are reasonable, fair and
                                                Member has an ADV in Customer orders                    despite increasing the corresponding                  equitable, and non-discriminatory. The
                                                equal to or greater than 0.20% of                       ADV requirement, will make Customer                   Exchange operates in a highly
                                                average TCV; and (ii) the Member has an                 Volume Tier 5 [sic] more attainable for               competitive market in which market
                                                ADV in Market Maker orders equal to or                  additional Members who seek to receive                participants may readily send order
                                                greater than 0.10% of average TCV. To                   the increased rebate for their orders that            flow to many competing venues if they
                                                encourage the entry of additional orders,               yield fee codes NM or PM. Additionally,               deem fees at the Exchange to be
                                                the Exchange proposes to modify the                     the Exchange proposes to reduce the fee               excessive. As a new options exchange,
                                                criteria necessary to achieve Customer                  for the Market Maker Volume Tier 7                    the proposed fee structure remains
                                                Volume Tier 5 to require that: (i) The                  from $0.10 per contract to $0.03 per                  intended to attract order flow to the
                                                Member has an ADV in Customer orders                    contract. In conjunction with the                     Exchange by offering market
                                                equal to or greater than 0.05% of                       proposed tier, the Exchange also                      participants a competitive yet simple
                                                average TCV; and (ii) the Member has an                 proposes to update the Standard Rate                  pricing structure. At the same time, the
                                                ADV in Customer or Market Maker                         table.                                                Exchange believes it is reasonable to
                                                orders equal to or greater than 0.25% of                   Firm Penny Pilot Cross-Asset Tier.                 incrementally adopt incentives intended
                                                average TCV. The Exchange believes                      The Exchange proposes to amend its fee                to help to contribute to the growth of the
                                                that decreasing the first prong’s ADV                   schedule to adopt a new tier under                    Exchange.
                                                requirement and expanding the second                    footnote 4 called the Firm Penny Pilot                   Volume-based rebates such as those
                                                prong to include Customer orders,                       Cross-Asset Tier. The proposed tier                   currently maintained on the Exchange
                                                despite increasing the corresponding                    would require participation on the                    have been widely adopted by options
                                                ADV requirement, will make Customer                     Exchange’s equities platform (‘‘EDGX                  exchanges and are equitable because
                                                Volume Tier 5 more attainable for                       Equities’’) and would provide Members                 they are open to all Members on an
                                                additional Members who seek to receive                  a reduced fee of $0.32 per contract for               equal basis and provide additional
                                                the increased rebate for their orders that              orders that yield fee code PF 12 where                benefits or discounts that are reasonably
                                                yield fee codes NC or PC.                               the Member: (i) Has an ADV in Firm 13                 related to the value of an exchange’s
                                                   Market Maker Volume Tier 7. Fee                      orders equal to or greater than 0.10% of              market quality associated with higher
                                                codes PM and NM are currently                           average TCV; and (ii) has on EDGX                     levels of market activity, such as higher
                                                appended to all Market Maker orders in                  Equities an ADAV 14 equal to or greater               levels of liquidity provision and/or
                                                Penny Pilot Securities and Non-Penny                    than 0.12% of average TCV. In                         growth patterns, and introduction of
                                                Pilot Securities, respectively, and result              conjunction with the proposed tier, the               higher volumes of orders into the price
                                                in a standard fee of $0.19 per contract.                Exchange also proposes to appended                    and volume discovery processes. The
                                                The Market Maker Volume Tiers in                        footnote 4 to fee code PF in the Fee                  proposed modifications to the Customer
                                                footnote 2 consist of seven separate                    Codes and Associate Fees table and to                 Volume Tier 5 and Market Maker
                                                tiers, each providing a reduced fee or                                                                        Volume Tier 7 and the addition of
                                                                                                        update the Standard Rate table.
                                                rebate to a Member’s Market Maker                                                                             footnote 4, Firm Penny Pilot Cross-Asset
                                                order that yields fee codes PM or NM                    Implementation Date                                   Tier, are each intended to incentivize
                                                upon satisfying the monthly volume                        The Exchange proposes to implement                  Members to send additional Customer
                                                criteria required by the respective tier.               these amendments to its fee schedule on               and Market Maker orders to the
                                                For instance, pursuant to Market Maker                  August 1, 2016.                                       Exchange in an effort to qualify for the
                                                Volume Tier 1, the lowest volume tier,                                                                        enhanced rebate or lower fee made
                                                a Member will pay a reduced fee of                      2. Statutory Basis                                    available by the tiers.
                                                $0.16 per contract where the Member                        The Exchange believes that the                        The Exchange believes that the
                                                has an ADV in Market Maker orders                       proposed rule change is consistent with               proposal to add a Firm Penny Pilot
                                                equal to or greater than 0.05% of                       the requirements of the Act and the                   Cross-Asset Tier is a reasonable, fair and
                                                average TCV.                                            rules and regulations thereunder that                 equitable, and not unfairly
                                                   Pursuant to Market Maker Volume                      are applicable to a national securities               discriminatory allocation of fees
                                                Tier 7, a Member will be charged a                      exchange, and, in particular, with the                because it will provide Members with
                                                reduced fee of $0.10 per contract where                 requirements of Section 6 of the Act.15               an additional incentive to reach certain
                                                the Member has an ADV in: (i) Customer                  Specifically, the Exchange believes that              thresholds on both EDGX Options and
                                                orders equal to or greater than 0.20% of                the proposed rule change is consistent                EDGX Equities. The increased liquidity
                                                average TCV; (ii) Market Maker orders                   with Section 6(b)(4) of the Act,16 in that            from this proposal also benefits all
                                                equal to or greater than 0.10% of                       it provides for the equitable allocation              investors by deepening the EDGX
                                                average TCV. To encourage the entry of                  of reasonable dues, fees and other                    Options and EDGX Equities liquidity
                                                additional orders to the Exchange, the                  charges among members and other                       pools, offering additional flexibility for
                                                Exchange proposes to modify the                         persons using any facility or system                  all investors to enjoy cost savings,
                                                criteria necessary to achieve Market                                                                          supporting the quality of price
                                                Maker Volume Tier 7 to require that: (i)                  12 Fee code PF is appended to Firm orders in        discovery, promoting market
                                                                                                                                                              transparency and improving investor
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                                                The Member has an ADV in Customer                       Penny Pilot Securities.
                                                orders equal to or greater than 0.05% of
                                                                                                          13 As defined in the Exchange’s fee schedule        protection. Such pricing programs
                                                average TCV; and (2) the Member has an
                                                                                                        available at http://www.batsoptions.com/support/      thereby reward a Member’s growth
                                                                                                        fee_schedule/edgx/.                                   pattern on the Exchange and such
                                                ADV in Customer or Market Maker                           14 As defined in the EDGX Equities’ fee schedule

                                                                                                        available at http://batstrading.com/support/
                                                                                                                                                              increased volume increases potential
                                                  11 As defined in the Exchange’s fee schedule          fee_schedule/edgx/.                                   revenue to the Exchange, and will allow
                                                available at http://www.batsoptions.com/support/          15 15 U.S.C. 78f.                                   the Exchange to continue to provide and
                                                fee_schedule/edgx/.                                       16 15 U.S.C. 78f(b)(4).                             potentially expand the incentive


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                                                54154                        Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Notices

                                                programs operated by the Exchange. To                   additional volume in both Customer and                Electronic Comments
                                                the extent a Member participates on the                 certain Non-Customer 18 orders,
                                                EDGX Options but not on EDGX                            however, the Exchange believes that its                 • Use the Commission’s Internet
                                                Equities, the Exchange does believe that                pricing for all capacities is competitive             comment form (http://www.sec.gov/
                                                the proposal is still reasonable,                       with that offered by other options                    rules/sro.shtml); or
                                                equitably allocated and non-                            exchanges. Additionally, Members may                    • Send an email to rule-
                                                discriminatory with respect to such                     opt to disfavor the Exchange’s pricing if             comments@sec.gov. Please include File
                                                Member based on the overall benefit to                  they believe that the alternatives offer              Number SR–BatsEDGX–2016–40 on the
                                                the Exchange resulting from the success                 them better value. Accordingly, the                   subject line.
                                                of EDGX Equities. As noted above, such                  Exchange does not believe that the
                                                success allows the Exchange to continue                 proposed change will impair the ability               Paper Comments
                                                to provide and potentially expand its                   of Members or competing venues to
                                                existing incentive programs to the                                                                              • Send paper comments in triplicate
                                                                                                        maintain their competitive standing in
                                                benefit of all participants on the                                                                            to Secretary, Securities and Exchange
                                                                                                        the financial markets. The Exchange
                                                Exchange, whether they participate on                                                                         Commission, 100 F Street NE.,
                                                                                                        believes that the price changes
                                                EDGX Equities or not. The proposed                                                                            Washington, DC 20549–1090.
                                                                                                        contribute to, rather than burden
                                                pricing program is also fair and                        competition, as such changes are                      All submissions should refer to File
                                                equitable in that membership in EDGX
                                                                                                        broadly intended to incentivize                       Number SR-BatsEDGX–2016–40. This
                                                Equities is available to all market
                                                                                                        participants to increase their                        file number should be included on the
                                                participants which would provide them
                                                                                                        participation on the Exchange, which                  subject line if email is used. To help the
                                                with access to the benefits on EDGX
                                                                                                        will increase the liquidity and market                Commission process and review your
                                                Equities provided by the proposed
                                                                                                        quality on the Exchange and further                   comments more efficiently, please use
                                                changes, as described above, even where
                                                a member of EDGX Equities is not                        enhance the Exchange’s ability to                     only one method. The Commission will
                                                necessarily eligible for the proposed                   compete with other exchanges.                         post all comments on the Commission’s
                                                increased rebates on the Exchange.                      (C) Self-Regulatory Organization’s                    Internet Web site (http://www.sec.gov/
                                                   The Exchange believes that the                       Statement on Comments on the                          rules/sro.shtml). Copies of the
                                                proposed tiers are reasonable, fair and                 Proposed Rule Change Received From                    submission, all subsequent
                                                equitable, and non-discriminatory, for                  Members, Participants or Others                       amendments, all written statements
                                                the reasons set forth above with respect                                                                      with respect to the proposed rule
                                                to volume-based pricing generally and                     The Exchange has not solicited, and                 change that are filed with the
                                                because such changes will incentivize                   does not intend to solicit, comments on               Commission, and all written
                                                participants to further contribute to                   this proposed rule change. The                        communications relating to the
                                                market quality. The proposed tiers will                 Exchange has not received any written                 proposed rule change between the
                                                provide an additional way for market                    comments from members or other                        Commission and any person, other than
                                                participants to qualify for enhanced                    interested parties.                                   those that may be withheld from the
                                                rebates or reduced fees. The Exchange                                                                         public in accordance with the
                                                also believes that the proposed tiered                  III. Date of Effectiveness of the                     provisions of 5 U.S.C. 552, will be
                                                pricing structure is consistent with                    Proposed Rule Change and Timing for                   available for Web site viewing and
                                                pricing previously offered by the                       Commission Action                                     printing in the Commission’s Public
                                                Exchange as well as other options                                                                             Reference Room, 100 F Street NE.,
                                                                                                           The foregoing rule change has become
                                                exchanges and does not represent a                                                                            Washington, DC 20549, on official
                                                                                                        effective pursuant to Section 19(b)(3)(A)
                                                significant departure from such pricing                                                                       business days between the hours of
                                                structures.17                                           of the Act 19 and paragraph (f) of Rule
                                                                                                        19b–4 thereunder.20 At any time within                10:00 a.m. and 3:00 p.m. Copies of such
                                                (B) Self-Regulatory Organization’s                      60 days of the filing of the proposed rule            filing will also be available for
                                                Statement on Burden on Competition                      change, the Commission summarily may                  inspection and copying at the principal
                                                                                                        temporarily suspend such rule change if               office of the Exchange. All comments
                                                   The Exchange believes the proposed
                                                                                                        it appears to the Commission that such                received will be posted without change;
                                                amendments to its fee schedule would
                                                                                                        action is necessary or appropriate in the             the Commission does not edit personal
                                                not impose any burden on competition
                                                that is not necessary or appropriate in                 public interest, for the protection of                identifying information from
                                                furtherance of the purposes of the Act.                 investors, or otherwise in furtherance of             submissions. You should submit only
                                                To the contrary, the Exchange has                       the purposes of the Act.                              information that you wish to make
                                                designed the proposed amendments to                                                                           available publicly. All submissions
                                                                                                        IV. Solicitation of Comments                          should refer to File Number SR-
                                                its fee schedule to enhance its ability to
                                                compete with other exchanges. Rather,                                                                         BatsEDGX–2016–40 and should be
                                                                                                          Interested persons are invited to
                                                the proposal as a whole is a competitive                                                                      submitted on or before September 6,
                                                                                                        submit written data, views, and
                                                proposal that is seeking to further the                                                                       2016.21
                                                                                                        arguments concerning the foregoing,
                                                growth of the Exchange. The Exchange                    including whether the proposed rule                     For the Commission, by the Division of
                                                has structured certain fees and rebates                 change is consistent with the Act.                    Trading and Markets, pursuant to delegated
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                                                proposed herein to attract certain                      Comments may be submitted by any of                   authority.
                                                                                                        the following methods:                                Robert W. Errett,
                                                  17 See, e.g., Bats BZX Exchange, Inc. (‘‘BZX’’)

                                                Options Fee Schedule, Footnote 1, Customer Add                                                                Deputy Secretary.
                                                                                                          18 As defined in the Exchange’s fee schedule
                                                Volume Tier 5, which provides an enhanced rebate                                                              [FR Doc. 2016–19324 Filed 8–12–16; 8:45 am]
                                                to Customer orders on BZX Options based on both         available at http://www.batsoptions.com/support/
                                                                                                        fee_schedule/edgx/.                                   BILLING CODE 8011–01–P
                                                Customer volume and Market Maker volume. The
                                                                                                          19 15 U.S.C. 78s(b)(3)(A).
                                                BZX Options Fee Schedule is available at: http://
                                                www.batsoptions.com/support/fee_schedule/bzx/.            20 17 CFR 240.19b–4(f).                               21 17   CFR 200.30–3(a)(12).



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Document Created: 2016-08-13 02:22:22
Document Modified: 2016-08-13 02:22:22
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 54152 

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