81_FR_54798 81 FR 54640 - Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees

81 FR 54640 - Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 158 (August 16, 2016)

Page Range54640-54643
FR Document2016-19444

Federal Register, Volume 81 Issue 158 (Tuesday, August 16, 2016)
[Federal Register Volume 81, Number 158 (Tuesday, August 16, 2016)]
[Notices]
[Pages 54640-54643]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19444]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78535; File No. SR-BatsEDGX-2016-42]


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

August 10, 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 August 5, 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

[[Page 54641]]

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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its fee schedule to: (i) Adopt a new 
tier called the Cross-Asset Tier under footnote 1; and (ii) modify the 
billing policy for the logical port fees.
Logical Port Fees
    The Exchange proposes to amend its fee schedule to modify the 
billing policy for the logical port fees. The Exchange currently 
charges for logical ports (including Multicast PITCH Spin Server and 
GRP ports) $500 per port per month. A logical port represents a port 
established by the Exchange within the Exchange's system for trading 
and billing purposes. Each logical port established is specific to a 
Member or non-Member and grants that Member or non-Member the ability 
to operate a specific application, such as FIX order entry or PITCH 
data receipt. The Exchange's Multicast PITCH data feed is available 
from two primary feeds, identified as the ``A feed'' and the ``C 
feed'', which contain the same information but differ only in the way 
such feeds are received. The Exchange also offers two redundant feeds, 
identified as the ``B feed'' and the ``D feed''. Logical port fees are 
limited to logical ports in the Exchange's primary data center and no 
logical port fees are assessed for redundant secondary data center 
ports. The Exchange assesses the monthly per logical port fees to all 
Member's and non-Member's logical ports.
    The Exchange proposes to clarify within its fee schedule how 
monthly fees for logical ports may be pro-rated. As proposed, new 
requests will be pro-rated for the first month of service. Cancellation 
requests are billed in full month increments as firms are required to 
pay for the service for the remainder of the month, unless the session 
is terminated within the first month of service.
Proposed Cross-Asset Tier
    The Exchange determines the liquidity adding rebate that it will 
provide to Members using the Exchange's tiered pricing structure. 
Currently, the Exchange provides various rebates under Footnote 1 of 
the fee schedule for a Member dependent on the Member's ADV \6\ as a 
percentage of the TCV \7\ for orders that yield fee codes B, V, Y, 3, 4 
and ZA. The Exchange currently has eight Add Volume Tiers. Under such 
pricing structure, a Member will receive a rebate of anywhere between 
$0.0025 and $0.0033 per share executed, depending on the volume tier 
for which such Member qualifies.
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    \6\ As defined in the Exchange's fee schedule available at 
http://batstrading.com/support/fee_schedule/edgx/.
    \7\ Id.
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    The Exchange now proposes to amend the Add Volume Tiers to adopt a 
new tier called the Cross-Asset Tier. Under the proposed tier, a Member 
would receive an enhanced rebate of $0.0028 per share where that: (i) 
Member has on the Exchange's equity options trading platform (``EDGX 
Options'') an ADV \8\ in Firm \9\ orders equal to or greater than 0.10% 
of average TCV; and (2) Member has an ADAV \10\ equal to or greater 
than 0.12% of average TCV. To accommodate this proposed change in its 
fee schedule, the Exchange proposes adding an additional row to the Add 
Volume Tier table under footnote 1 to list the Cross-Asset Tier. The 
Exchange proposes no changes to the criteria for the existing Add 
Volume Tiers.
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    \8\ As defined in the EDGX Options' fee schedule available at 
http://www.batsoptions.com/support/fee_schedule/edgx/.
    \9\ Id.
    \10\ As defined in the Exchange's fee schedule available at 
http://batstrading.com/support/fee_schedule/edgx/.
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    In connection with adopting the above tier, the Exchange proposes 
to incorporate a definition of ADAV within the definition of ADV in its 
fee schedule.\11\ ADAV would be defined as the average daily added 
volume calculated as the number of shares added per day. Like ADV, ADAV 
would be calculated on a monthly basis. Also like ADV, the Exchange 
will exclude from its calculation of ADAV shares added, removed, or 
routed on any day that the Exchange's system experiences a disruption 
that lasts for more than 60 minutes during Regular Trading Hours 
(``Exchange System Disruption''), on any day with a scheduled early 
market close, and on the last Friday in June (the ``Russell 
Reconstitution Day''). Lastly, with prior notice to the Exchange, a 
Member may aggregate ADAV with other Members that control, are 
controlled by, or are under common control with such Member (as 
evidenced on such Member's Form BD) just like it may for ADV today.
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    \11\ The proposed definition of ADAV is substantially similar 
and functionally identical to the definition of ADAV included in the 
EDGX Options fee schedule. See the EDGX Options' fee schedule 
available at http://www.batsoptions.com/support/fee_schedule/edgx/.
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Implementation Date
    The Exchange proposes to implement this amendment to its fee 
schedule effective immediately.\12\
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    \12\ The Exchange initially filed the proposed fee change on 
July 29, 2016 (SR-BatsEDGX-2016-38). On August 5, 2016, the Exchange 
withdrew SR-BatsEDGX-2016-38 and submitted this filing.
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2. Statutory Basis
Logical Port Fee
    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.\13\ 
Specifically, the Exchange believes that the proposed rule change is 
consistent

[[Page 54642]]

with Section 6(b)(4) of the Act,\14\ 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 proposed rule change seeks to 
provide clarity to subscribers regarding the Exchange's pro-rata 
billing policy for logical ports by describing how logical port fees 
may be pro-rated for a new request and upon cancellation. The Exchange 
believes that the proposed pro-rata billing of fees for logical ports 
is equitable and reasonable in that it is similar to how port fees are 
pro-rated by the Nasdaq Stock Market LLC (``Nasdaq'').\15\
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    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(4).
    \15\ See Nasdaq Price List--Trade Connectivity available at 
http://www.nasdaqtrader.com/Trader.aspx?id=PriceListTrading2#connectivity. The Exchange notes 
that, unlike as proposed by the Exchange, Nasdaq does not pro-rate 
where the session is terminated within the first month of service.
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    The Exchange operates in a highly competitive market in which 
exchanges offer connectivity services as a means to facilitate the 
trading activities of members and other participants. Accordingly, fees 
charged for connectivity are constrained by the active competition for 
the order flow of such participants as well as demand for market data 
from the Exchange. If a particular exchange charges excessive fees for 
connectivity, affected members will opt to terminate their connectivity 
arrangements with that exchange, and adopt a possible range of 
alternative strategies, including routing to the applicable exchange 
through another participant or market center or taking that exchange's 
data indirectly. Accordingly, an exchange charging excessive fees would 
stand to lose not only connectivity revenues, but also revenues 
associated with the execution of orders routed to it by affected 
members, and, to the extent applicable, market data revenues. The 
Exchange believes that this competitive dynamic imposes powerful 
restraints on the ability of any exchange to charge unreasonable and 
unequitable fees for connectivity.
Cross-Asset Tier
    The Exchange believes that the proposed rule change is consistent 
with the objectives of Section 6 of the Act,\16\ in general, and 
furthers the objectives of Section 6(b)(4),\17\ in particular, as it is 
designed to provide for the equitable allocation of reasonable dues, 
fees and other charges among its Members and other persons using its 
facilities. The Exchange also notes that it operates in a highly-
competitive market in which market participants can readily direct 
order flow to competing venues if they deem fee levels at a particular 
venue to be excessive. The proposed rule changes reflect a competitive 
pricing structure designed to incent market participants to direct 
their order flow to the Exchange. The Exchange believes that the 
proposed amendments to the Add Volume Tier are equitable and non-
discriminatory in they would apply uniformly to all Members. The 
Exchange believes the rate remains competitive with those charged by 
other venues and is, therefore, reasonable.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f.
    \17\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    Volume-based rebates such as that proposed herein have been widely 
adopted by exchanges, including the Exchange, 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: (i) The value to 
an exchange's market quality; (ii) associated higher levels of market 
activity, such as higher levels of liquidity provision and/or growth 
patterns; and (iii) introduction of higher volumes of orders into the 
price and volume discovery processes. The Exchange believes that the 
proposal is a reasonable, fair and equitable, and not unfairly 
discriminatory allocation of fees and rebates because it will provide 
Members with an additional incentive to reach certain thresholds on the 
Exchange.
    In particular, the Exchange believes the addition of the proposed 
Cross-Asset Tier is a reasonable means to encourage Members to increase 
the liquidity they provide on the Exchange. The addition of the tier 
merely incentivizes a Member to provide even greater liquidity. 
Currently, the Exchange's incentives to add such liquidity are 
separated by asset class. The proposed Cross-Asset Tier will 
incentivize Members to provide liquidity in two asset classes, both in 
EDGX equities and EDGX Options. The Exchange further believes that the 
amendment to the Add Volume Tiers represents an equitable allocation of 
reasonable dues, fees, and other charges because the thresholds 
necessary to achieve the tier continue to encourage Members to add 
displayed liquidity to the EDGX Book \18\ and the EDGX Options Book 
\19\ each month. The increased liquidity benefits all investors by 
deepening EDGX's liquidity pool, offering additional flexibility for 
all investors to enjoy cost savings, supporting the quality of price 
discovery, promoting market transparency and improving investor 
protection.
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    \18\ The EDGX Book is the System's electronic file of orders. 
See Exchange Rule 1.5(d).
    \19\ The EDGX Options Book is the electronic book of options 
orders maintained by the Trading System. See Exchange Rule 
16.1(a)(9).
---------------------------------------------------------------------------

    Such pricing programs thereby reward a Member's growth pattern on 
the Exchange and such increased volume increases potential revenue to 
the Exchange, and will allow the Exchange to continue to provide and 
potentially expand the incentive programs operated by the Exchange. To 
the extent a Member participates on the Exchange but not on EDGX 
Options, the Exchange does believe that the proposal is still 
reasonable, equitably allocated and non-discriminatory with respect to 
such Member based on the overall benefit to the Exchange resulting from 
the success of EDGX Options. As noted above, such success allows the 
Exchange to continue to provide and potentially expand its existing 
incentive programs to the benefit of all participants on the Exchange, 
whether they participate on EDGX Options or not. The proposed pricing 
program is also fair and equitable in that membership in EDGX Options 
is available to all market participants which would provide them with 
access to the benefits on EDGX Options provided by the proposed 
changes, as described above, even where a member of EDGX Options is not 
necessarily eligible for the proposed increased rebates on the 
Exchange. Further, the proposed changes will result in Members 
receiving either the same or an increased rebate than they would 
currently receive.
    Lastly, the Exchange believes the proposed definition of ADAV is 
also consistent with the Act as it is substantially similar and 
functionally identical to the definition of ADAV included in the EDGX 
Options fee schedule.\20\
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    \20\ See the EDGX Options' fee schedule available at http://www.batsoptions.com/support/fee_schedule/edgx/.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe its proposed amendment to its fee 
schedule would impose any burden on competition that is not necessary 
or appropriate in furtherance of the purposes of the Act. The Exchange 
does not believe that the proposed change represents a significant 
departure from previous pricing offered by the Exchange or pricing 
offered by the Exchange's competitors. Additionally, Members may opt to 
disfavor the Exchange's pricing if they believe that

[[Page 54643]]

alternatives offer them better value. The Exchange does not believe 
that the proposed additional tier would burden competition, but 
instead, enhances competition, as it is intended to increase the 
competitiveness of and draw additional volume to the Exchange. The 
Exchange does not believe the amended tier would burden intramarket 
competition as it would apply to all Members uniformly. 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.
    With regard to the proposed logical port fee amendment, the 
Exchange believes that fees for connectivity are constrained by the 
robust competition for order flow among exchanges and non-exchange 
markets. Further, excessive fees for connectivity, including logical 
port fees, would serve to impair an exchange's ability to compete for 
order flow rather than burdening competition. The Exchange also does 
not believe the proposed rule change would impact intramarket 
competition as it would apply to all Members and non-Members equally.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    The Exchange has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any unsolicited written comments from Members or other interested 
parties.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \21\ and paragraph (f) of Rule 19b-4 
thereunder.\22\ 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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    \21\ 15 U.S.C. 78s(b)(3)(A).
    \22\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-BatsEDGX-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 Number SR-BatsEDGX-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 available publicly. All 
submissions should refer to File Number SR-BatsEDGX-2016-42, and should 
be submitted on or before September 6, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-19444 Filed 8-15-16; 8:45 am]
BILLING CODE 8011-01-P



                                                    54640                              Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Notices

                                                    Participants Fund Maintenance Fee is                       places a greater demand on the                         Internet Web site (http://www.sec.gov/
                                                    approximately $5 million.                                  settlement system will generally be                    rules/sro.shtml). Copies of the
                                                                                                               subject to a higher fee, because such a                submission, all subsequent
                                                    Participant Impact
                                                                                                               Participant is required to maintain                    amendments, all written statements
                                                      The proposed rule change will impose                     higher deposits to the Participants Fund               with respect to the proposed rule
                                                    the Participants Fund Maintenance Fee                      pursuant to the Rules. Participants that               change that are filed with the
                                                    on all Participants.                                       place a lesser demand on the settlement                Commission, and all written
                                                      The Participants Fund Maintenance                        system will pay less.                                  communications relating to the
                                                    Fee is a monthly fee based ratably upon                                                                           proposed rule change between the
                                                    the amount of the Participant’s daily                      (C) Clearing Agency’s Statement on                     Commission and any person, other than
                                                    Actual Participants Fund Deposit; it is                    Comments on the Proposed Rule                          those that may be withheld from the
                                                    applicable when the monthly rate of                        Change Received From Members,                          public in accordance with the
                                                    return on investment of the Participants                   Participants, or Others                                provisions of 5 U.S.C. 552, will be
                                                    Fund is equal to or greater than 0.25%.                      DTC has not received or solicited any                available for Web site viewing and
                                                      Because the Participants Fund                            written comments relating to this                      printing in the Commission’s Public
                                                    Maintenance Fee per Participant is                         proposal. DTC will notify the                          Reference Room, 100 F Street NE.,
                                                    proportional to the average monthly                        Commission of any written comments                     Washington, DC 20549 on official
                                                    Actual Participants Fund Deposit,                          received by DTC.                                       business days between the hours of
                                                    Participants that, based on their usage of                                                                        10:00 a.m. and 3:00 p.m. Copies of the
                                                    DTC’s settlement service, place a greater                  III. Date of Effectiveness of the
                                                                                                                                                                      filing also will be available for
                                                    demand on the settlement system will                       Proposed Rule Change and Timing for
                                                                                                                                                                      inspection and copying at the principal
                                                    generally be subject to a higher fee,                      Commission Action                                      office of DTC and on DTCC’s Web site
                                                    because such Participants are required                        The foregoing rule change has become                (http://dtcc.com/legal/sec-rule-
                                                    to maintain higher deposits to the                         effective pursuant to section                          filings.aspx). All comments received
                                                    Participants Fund pursuant to the Rules.                   19(b)(3)(A) 9 of the Act and paragraph (f)             will be posted without change; the
                                                      DTC views the proposed                                   of Rule 19b–4 10 thereunder. At any time               Commission does not edit personal
                                                    implementation of the Participants                         within 60 days of the filing of the                    identifying information from
                                                    Fund Maintenance Fee as a prudent way                      proposed rule change, the Commission                   submissions. You should submit only
                                                    to minimize the magnitude of, and                          summarily may temporarily suspend                      information that you wish to make
                                                    mitigate the need for, potential future                    such rule change if it appears to the                  available publicly. All submissions
                                                    increases in other fees.                                   Commission that such action is                         should refer to File Number SR–DTC–
                                                      The proposed change will take effect                     necessary or appropriate in the public                 2016–006 and should be submitted on
                                                    on August 1, 2016.                                         interest, for the protection of investors,             or before September 6, 2016.
                                                                                                               or otherwise in furtherance of the                       For the Commission, by the Division of
                                                    2. Statutory Basis
                                                                                                               purposes of the Act.                                   Trading and Markets, pursuant to delegated
                                                       Section 17A(b)(3)(D) of the Act 7                                                                              authority.11
                                                    requires that DTC’s Rules provide for                      IV. Solicitation of Comments
                                                                                                                                                                      Robert W. Errett,
                                                    the equitable allocation of reasonable                       Interested persons are invited to                    Deputy Secretary.
                                                    dues, fees, and other charges among its                    submit written data, views, and                        [FR Doc. 2016–19440 Filed 8–15–16; 8:45 am]
                                                    participants. The proposed fee is                          arguments concerning the foregoing,
                                                                                                                                                                      BILLING CODE 8011–01–P
                                                    equitably allocated among Participants                     including whether the proposed rule
                                                    because it is based on each Participant’s                  change is consistent with the Act.
                                                    utilization of DTC’s settlement service,                   Comments may be submitted by any of                    SECURITIES AND EXCHANGE
                                                    as measured by their deposits to the                       the following methods:                                 COMMISSION
                                                    Participants Fund. In addition, DTC
                                                    believes that the proposed fee is                          Electronic Comments                                    [Release No. 34–78535; File No. SR–
                                                    reasonable because it will enable DTC to                     • Use the Commission’s Internet                      BatsEDGX–2016–42]
                                                    better align its revenue with the costs                    comment form (http://www.sec.gov/
                                                                                                               rules/sro.shtml); or                                   Self-Regulatory Organizations; Bats
                                                    and expenses required for DTC to
                                                                                                                 • Send an email to rule-comments@                    EDGX Exchange, Inc.; Notice of Filing
                                                    provide services to its Participants with                                                                         and Immediate Effectiveness of a
                                                    a nominal impact on Participants.                          sec.gov. Please include File Number SR–
                                                                                                               DTC–2016–006 on the subject line.                      Proposed Rule Change Related to Fees
                                                    Therefore, DTC believes the proposed
                                                    rule change is consistent with section                     Paper Comments                                         August 10, 2016.
                                                    17A(b)(3)(D).8                                                                                                       Pursuant to Section 19(b)(1) of the
                                                                                                                 • Send paper comments in triplicate                  Securities Exchange Act of 1934 (the
                                                    (B) Clearing Agency’s Statement on                         to Secretary, Securities and Exchange                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    Burden on Competition                                      Commission, 100 F Street NE.,                          notice is hereby given that on August 5,
                                                      DTC does not believe that the                            Washington, DC 20549.                                  2016, Bats EDGX Exchange, Inc. (the
                                                    proposed rule change will impose a                         All submissions should refer to File                   ‘‘Exchange’’ or ‘‘EDGX’’) filed with the
                                                    burden on competition that is not                          Number SR–DTC–2016–006. This file                      Securities and Exchange Commission
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    necessary or appropriate in furtherance                    number should be included on the                       (‘‘Commission’’) the proposed rule
                                                    of the purposes of the Act, because the                    subject line if email is used. To help the             change as described in Items I, II and III
                                                    proposed fee will be equitably allocated                   Commission process and review your                     below, which Items have been prepared
                                                    among Participants as described above.                     comments more efficiently, please use                  by the Exchange. The Exchange has
                                                    That is, a Participant that, based on its                  only one method. The Commission will                   designated the proposed rule change as
                                                    usage of DTC’s settlement service,                         post all comments on the Commission’s
                                                                                                                                                                        11 17 CFR 200.30–3(a)(12).
                                                      7 15    U.S.C. 78q–1(b)(3)(D).                             9 15 U.S.C. 78s(b)(3)(A).                              1 15 U.S.C. 78s(b)(1).
                                                      8 Id.                                                      10 17 CFR 240.19b–4(f).                                2 17 CFR 240.19b–4.




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                                                                                 Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Notices                                                   54641

                                                    one establishing or changing a member                   established by the Exchange within the                Firm 9 orders equal to or greater than
                                                    due, fee, or other charge imposed by the                Exchange’s system for trading and                     0.10% of average TCV; and (2) Member
                                                    Exchange under Section 19(b)(3)(A)(ii)                  billing purposes. Each logical port                   has an ADAV 10 equal to or greater than
                                                    of the Act 3 and Rule 19b–4(f)(2)                       established is specific to a Member or                0.12% of average TCV. To accommodate
                                                    thereunder,4 which renders the                          non-Member and grants that Member or                  this proposed change in its fee schedule,
                                                    proposed rule change effective upon                     non-Member the ability to operate a                   the Exchange proposes adding an
                                                    filing with the Commission. The                         specific application, such as FIX order               additional row to the Add Volume Tier
                                                    Commission is publishing this notice to                 entry or PITCH data receipt. The                      table under footnote 1 to list the Cross-
                                                    solicit comments on the proposed rule                   Exchange’s Multicast PITCH data feed is               Asset Tier. The Exchange proposes no
                                                    change from interested persons.                         available from two primary feeds,                     changes to the criteria for the existing
                                                                                                            identified as the ‘‘A feed’’ and the ‘‘C              Add Volume Tiers.
                                                    I. Self-Regulatory Organization’s                       feed’’, which contain the same
                                                    Statement of the Terms of Substance of                                                                           In connection with adopting the
                                                                                                            information but differ only in the way                above tier, the Exchange proposes to
                                                    the Proposed Rule Change                                such feeds are received. The Exchange                 incorporate a definition of ADAV within
                                                       The Exchange filed a proposal to                     also offers two redundant feeds,                      the definition of ADV in its fee
                                                    amend the fee schedule applicable to                    identified as the ‘‘B feed’’ and the ‘‘D              schedule.11 ADAV would be defined as
                                                    Members 5 and non-Members of the                        feed’’. Logical port fees are limited to              the average daily added volume
                                                    Exchange pursuant to EDGX Rules                         logical ports in the Exchange’s primary               calculated as the number of shares
                                                    15.1(a) and (c).                                        data center and no logical port fees are              added per day. Like ADV, ADAV would
                                                       The text of the proposed rule change                 assessed for redundant secondary data                 be calculated on a monthly basis. Also
                                                    is available at the Exchange’s Web site                 center ports. The Exchange assesses the               like ADV, the Exchange will exclude
                                                    at www.batstrading.com, at the                          monthly per logical port fees to all                  from its calculation of ADAV shares
                                                    principal office of the Exchange, and at                Member’s and non-Member’s logical                     added, removed, or routed on any day
                                                    the Commission’s Public Reference                       ports.                                                that the Exchange’s system experiences
                                                    Room.                                                     The Exchange proposes to clarify                    a disruption that lasts for more than 60
                                                                                                            within its fee schedule how monthly                   minutes during Regular Trading Hours
                                                    II. Self-Regulatory Organization’s                      fees for logical ports may be pro-rated.
                                                    Statement of the Purpose of, and                                                                              (‘‘Exchange System Disruption’’), on any
                                                                                                            As proposed, new requests will be pro-                day with a scheduled early market
                                                    Statutory Basis for, the Proposed Rule                  rated for the first month of service.
                                                    Change                                                                                                        close, and on the last Friday in June (the
                                                                                                            Cancellation requests are billed in full
                                                                                                                                                                  ‘‘Russell Reconstitution Day’’). Lastly,
                                                      In its filing with the Commission, the                month increments as firms are required
                                                                                                                                                                  with prior notice to the Exchange, a
                                                    Exchange included statements                            to pay for the service for the remainder
                                                                                                                                                                  Member may aggregate ADAV with
                                                    concerning the purpose of and basis for                 of the month, unless the session is
                                                                                                                                                                  other Members that control, are
                                                    the proposed rule change and discussed                  terminated within the first month of
                                                                                                                                                                  controlled by, or are under common
                                                    any comments it received on the                         service.
                                                                                                                                                                  control with such Member (as
                                                    proposed rule change. The text of these                 Proposed Cross-Asset Tier                             evidenced on such Member’s Form BD)
                                                    statements may be examined at the                                                                             just like it may for ADV today.
                                                    places specified in Item IV below. The                     The Exchange determines the
                                                    Exchange has prepared summaries, set                    liquidity adding rebate that it will                  Implementation Date
                                                    forth in Sections A, B, and C below, of                 provide to Members using the
                                                                                                            Exchange’s tiered pricing structure.                     The Exchange proposes to implement
                                                    the most significant parts of such                                                                            this amendment to its fee schedule
                                                                                                            Currently, the Exchange provides
                                                    statements.                                                                                                   effective immediately.12
                                                                                                            various rebates under Footnote 1 of the
                                                    A. Self-Regulatory Organization’s                       fee schedule for a Member dependent                   2. Statutory Basis
                                                    Statement of the Purpose of, and the                    on the Member’s ADV 6 as a percentage
                                                    Statutory Basis for, the Proposed Rule                  of the TCV 7 for orders that yield fee                Logical Port Fee
                                                    Change                                                  codes B, V, Y, 3, 4 and ZA. The                         The Exchange believes that the
                                                                                                            Exchange currently has eight Add                      proposed rule change is consistent with
                                                    1. Purpose
                                                                                                            Volume Tiers. Under such pricing                      the requirements of the Act and the
                                                      The Exchange proposes to amend its                    structure, a Member will receive a                    rules and regulations thereunder that
                                                    fee schedule to: (i) Adopt a new tier                   rebate of anywhere between $0.0025                    are applicable to a national securities
                                                    called the Cross-Asset Tier under                       and $0.0033 per share executed,                       exchange, and, in particular, with the
                                                    footnote 1; and (ii) modify the billing                 depending on the volume tier for which                requirements of Section 6 of the Act.13
                                                    policy for the logical port fees.                       such Member qualifies.                                Specifically, the Exchange believes that
                                                                                                               The Exchange now proposes to amend                 the proposed rule change is consistent
                                                    Logical Port Fees
                                                                                                            the Add Volume Tiers to adopt a new
                                                       The Exchange proposes to amend its                   tier called the Cross-Asset Tier. Under                 9 Id.
                                                    fee schedule to modify the billing policy               the proposed tier, a Member would                       10 As defined in the Exchange’s fee schedule
                                                    for the logical port fees. The Exchange                 receive an enhanced rebate of $0.0028                 available at http://batstrading.com/support/fee_
                                                    currently charges for logical ports                     per share where that: (i) Member has on               schedule/edgx/.
                                                    (including Multicast PITCH Spin Server                  the Exchange’s equity options trading                   11 The proposed definition of ADAV is
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                                                    and GRP ports) $500 per port per                                                                              substantially similar and functionally identical to
                                                                                                            platform (‘‘EDGX Options’’) an ADV 8 in               the definition of ADAV included in the EDGX
                                                    month. A logical port represents a port                                                                       Options fee schedule. See the EDGX Options’ fee
                                                                                                              6 As defined in the Exchange’s fee schedule         schedule available at http://www.batsoptions.com/
                                                      3 15 U.S.C. 78s(b)(3)(A)(ii).                         available at http://batstrading.com/support/fee_      support/fee_schedule/edgx/.
                                                      4 17 CFR 240.19b–4(f)(2).                             schedule/edgx/.                                         12 The Exchange initially filed the proposed fee
                                                      5 The term ‘‘Member’’ is defined as ‘‘any               7 Id.                                               change on July 29, 2016 (SR–BatsEDGX–2016–38).
                                                    registered broker or dealer that has been admitted        8 As defined in the EDGX Options’ fee schedule      On August 5, 2016, the Exchange withdrew SR–
                                                    to membership in the Exchange.’’ See Exchange           available at http://www.batsoptions.com/support/      BatsEDGX–2016–38 and submitted this filing.
                                                    Rule 1.5(n).                                            fee_schedule/edgx/.                                     13 15 U.S.C. 78f.




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                                                    54642                        Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Notices

                                                    with Section 6(b)(4) of the Act,14 in that              other persons using its facilities. The               offering additional flexibility for all
                                                    it provides for the equitable allocation                Exchange also notes that it operates in               investors to enjoy cost savings,
                                                    of reasonable dues, fees and other                      a highly-competitive market in which                  supporting the quality of price
                                                    charges among members and other                         market participants can readily direct                discovery, promoting market
                                                    persons using any facility or system                    order flow to competing venues if they                transparency and improving investor
                                                    which the Exchange operates or                          deem fee levels at a particular venue to              protection.
                                                    controls. The proposed rule change                      be excessive. The proposed rule changes                  Such pricing programs thereby reward
                                                    seeks to provide clarity to subscribers                 reflect a competitive pricing structure               a Member’s growth pattern on the
                                                    regarding the Exchange’s pro-rata billing               designed to incent market participants                Exchange and such increased volume
                                                    policy for logical ports by describing                  to direct their order flow to the                     increases potential revenue to the
                                                    how logical port fees may be pro-rated                  Exchange. The Exchange believes that                  Exchange, and will allow the Exchange
                                                    for a new request and upon                              the proposed amendments to the Add                    to continue to provide and potentially
                                                    cancellation. The Exchange believes that                Volume Tier are equitable and non-                    expand the incentive programs operated
                                                    the proposed pro-rata billing of fees for               discriminatory in they would apply                    by the Exchange. To the extent a
                                                    logical ports is equitable and reasonable               uniformly to all Members. The                         Member participates on the Exchange
                                                    in that it is similar to how port fees are              Exchange believes the rate remains                    but not on EDGX Options, the Exchange
                                                    pro-rated by the Nasdaq Stock Market                    competitive with those charged by other               does believe that the proposal is still
                                                    LLC (‘‘Nasdaq’’).15                                     venues and is, therefore, reasonable.                 reasonable, equitably allocated and non-
                                                       The Exchange operates in a highly                       Volume-based rebates such as that                  discriminatory with respect to such
                                                    competitive market in which exchanges                   proposed herein have been widely                      Member based on the overall benefit to
                                                    offer connectivity services as a means to               adopted by exchanges, including the                   the Exchange resulting from the success
                                                    facilitate the trading activities of                    Exchange, and are equitable because                   of EDGX Options. As noted above, such
                                                    members and other participants.                         they are open to all Members on an                    success allows the Exchange to continue
                                                    Accordingly, fees charged for                           equal basis and provide additional                    to provide and potentially expand its
                                                    connectivity are constrained by the                     benefits or discounts that are reasonably             existing incentive programs to the
                                                    active competition for the order flow of                related to: (i) The value to an exchange’s            benefit of all participants on the
                                                    such participants as well as demand for                 market quality; (ii) associated higher                Exchange, whether they participate on
                                                    market data from the Exchange. If a                     levels of market activity, such as higher             EDGX Options or not. The proposed
                                                    particular exchange charges excessive                   levels of liquidity provision and/or                  pricing program is also fair and
                                                    fees for connectivity, affected members                 growth patterns; and (iii) introduction of            equitable in that membership in EDGX
                                                    will opt to terminate their connectivity                higher volumes of orders into the price               Options is available to all market
                                                    arrangements with that exchange, and                    and volume discovery processes. The                   participants which would provide them
                                                    adopt a possible range of alternative                   Exchange believes that the proposal is a              with access to the benefits on EDGX
                                                    strategies, including routing to the                    reasonable, fair and equitable, and not               Options provided by the proposed
                                                    applicable exchange through another                     unfairly discriminatory allocation of                 changes, as described above, even where
                                                    participant or market center or taking                  fees and rebates because it will provide              a member of EDGX Options is not
                                                    that exchange’s data indirectly.                        Members with an additional incentive                  necessarily eligible for the proposed
                                                    Accordingly, an exchange charging                       to reach certain thresholds on the                    increased rebates on the Exchange.
                                                    excessive fees would stand to lose not                  Exchange.                                             Further, the proposed changes will
                                                    only connectivity revenues, but also                       In particular, the Exchange believes               result in Members receiving either the
                                                    revenues associated with the execution                  the addition of the proposed Cross-Asset              same or an increased rebate than they
                                                    of orders routed to it by affected                      Tier is a reasonable means to encourage               would currently receive.
                                                    members, and, to the extent applicable,                 Members to increase the liquidity they                   Lastly, the Exchange believes the
                                                    market data revenues. The Exchange                      provide on the Exchange. The addition                 proposed definition of ADAV is also
                                                    believes that this competitive dynamic                  of the tier merely incentivizes a Member              consistent with the Act as it is
                                                    imposes powerful restraints on the                      to provide even greater liquidity.                    substantially similar and functionally
                                                    ability of any exchange to charge                       Currently, the Exchange’s incentives to               identical to the definition of ADAV
                                                    unreasonable and unequitable fees for                   add such liquidity are separated by asset             included in the EDGX Options fee
                                                    connectivity.                                           class. The proposed Cross-Asset Tier                  schedule.20
                                                    Cross-Asset Tier                                        will incentivize Members to provide                   B. Self-Regulatory Organization’s
                                                                                                            liquidity in two asset classes, both in               Statement on Burden on Competition
                                                       The Exchange believes that the                       EDGX equities and EDGX Options. The
                                                    proposed rule change is consistent with                 Exchange further believes that the                      The Exchange does not believe its
                                                    the objectives of Section 6 of the Act,16               amendment to the Add Volume Tiers                     proposed amendment to its fee schedule
                                                    in general, and furthers the objectives of              represents an equitable allocation of                 would impose any burden on
                                                    Section 6(b)(4),17 in particular, as it is              reasonable dues, fees, and other charges              competition that is not necessary or
                                                    designed to provide for the equitable                   because the thresholds necessary to                   appropriate in furtherance of the
                                                    allocation of reasonable dues, fees and                 achieve the tier continue to encourage                purposes of the Act. The Exchange does
                                                    other charges among its Members and                     Members to add displayed liquidity to                 not believe that the proposed change
                                                                                                            the EDGX Book 18 and the EDGX                         represents a significant departure from
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                                                      14 15 U.S.C. 78f(b)(4).                               Options Book 19 each month. The                       previous pricing offered by the
                                                      15 See Nasdaq Price List—Trade Connectivity
                                                                                                            increased liquidity benefits all investors            Exchange or pricing offered by the
                                                    available at http://www.nasdaqtrader.com/                                                                     Exchange’s competitors. Additionally,
                                                    Trader.aspx?id=PriceListTrading2#connectivity.          by deepening EDGX’s liquidity pool,
                                                    The Exchange notes that, unlike as proposed by the                                                            Members may opt to disfavor the
                                                    Exchange, Nasdaq does not pro-rate where the              18 The EDGX Book is the System’s electronic file    Exchange’s pricing if they believe that
                                                    session is terminated within the first month of         of orders. See Exchange Rule 1.5(d).
                                                    service.                                                  19 The EDGX Options Book is the electronic book       20 See the EDGX Options’ fee schedule available
                                                      16 15 U.S.C. 78f.
                                                                                                            of options orders maintained by the Trading           at http://www.batsoptions.com/support/fee_
                                                      17 15 U.S.C. 78f(b)(4).                               System. See Exchange Rule 16.1(a)(9).                 schedule/edgx/.



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                                                                                   Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Notices                                                    54643

                                                    alternatives offer them better value. The               Comments may be submitted by any of                    SECURITIES AND EXCHANGE
                                                    Exchange does not believe that the                      the following methods:                                 COMMISSION
                                                    proposed additional tier would burden
                                                    competition, but instead, enhances                      Electronic Comments                                    [Release No. 34–78531; File No. SR–CBOE–
                                                                                                                                                                   2016–046]
                                                    competition, as it is intended to increase                • Use the Commission’s Internet
                                                    the competitiveness of and draw                         comment form (http://www.sec.gov/                      Self-Regulatory Organizations;
                                                    additional volume to the Exchange. The                  rules/sro.shtml); or                                   Chicago Board Options Exchange,
                                                    Exchange does not believe the amended                                                                          Incorporated; Order Approving a
                                                    tier would burden intramarket                             • Send an email to rule-comments@
                                                                                                            sec.gov. Please include File Number SR–                Proposed Rule Change To Expand the
                                                    competition as it would apply to all                                                                           Nonstandard Expirations Pilot
                                                    Members uniformly. Accordingly, the                     BatsEDGX–2016–42 on the subject line.
                                                                                                                                                                   Program To Include Monday
                                                    Exchange does not believe that the                      Paper Comments                                         Expirations
                                                    proposed change will impair the ability
                                                    of Members or competing venues to                         • Send paper comments in triplicate                  August 10, 2016.
                                                    maintain their competitive standing in                  to Secretary, Securities and Exchange                  I. Introduction
                                                    the financial markets.                                  Commission, 100 F Street NE.,
                                                       With regard to the proposed logical                  Washington, DC 20549–1090.                                On June 14, 2016, Chicago Board
                                                    port fee amendment, the Exchange                                                                               Options Exchange, Incorporated
                                                                                                            All submissions should refer to File                   (‘‘CBOE’’ or ‘‘Exchange’’) filed with the
                                                    believes that fees for connectivity are
                                                                                                            Number SR–BatsEDGX–2016–42. This                       Securities and Exchange Commission
                                                    constrained by the robust competition
                                                                                                            file number should be included on the                  (‘‘Commission’’), pursuant to Section
                                                    for order flow among exchanges and
                                                                                                            subject line if email is used. To help the             19(b)(1) of the Securities Exchange Act
                                                    non-exchange markets. Further,
                                                                                                            Commission process and review your                     of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                    excessive fees for connectivity,
                                                    including logical port fees, would serve                comments more efficiently, please use                  thereunder,2 a proposed rule change to
                                                    to impair an exchange’s ability to                      only one method. The Commission will                   expand the End of Week/End of Month
                                                    compete for order flow rather than                      post all comments on the Commission’s                  Pilot Program to permit P.M.-settled
                                                    burdening competition. The Exchange                     Internet Web site (http://www.sec.gov/                 options on broad-based indexes to
                                                    also does not believe the proposed rule                 rules/sro.shtml). Copies of the                        expire on any Monday of the month.
                                                    change would impact intramarket                         submission, all subsequent                             The proposed rule change was
                                                    competition as it would apply to all                    amendments, all written statements                     published for comment in the Federal
                                                    Members and non-Members equally.                        with respect to the proposed rule                      Register on June 28, 2016.3 The
                                                                                                            change that are filed with the                         Commission received no comments on
                                                    C. Self-Regulatory Organization’s                       Commission, and all written                            the proposal. This order approves the
                                                    Statement on Comments on the                            communications relating to the                         proposed rule change.
                                                    Proposed Rule Change Received From                      proposed rule change between the
                                                    Members, Participants, or Others                                                                               II. Description of the Proposal
                                                                                                            Commission and any person, other than
                                                                                                            those that may be withheld from the                       CBOE proposes to expand its existing
                                                      The Exchange has not solicited, and
                                                                                                            public in accordance with the                          Nonstandard Expirations Pilot Program
                                                    does not intend to solicit, comments on
                                                                                                            provisions of 5 U.S.C. 552, will be                    (the ‘‘Pilot’’).4 Under the terms of the
                                                    this proposed rule change. The
                                                                                                            available for Web site viewing and                     current Pilot, the Exchange is permitted
                                                    Exchange has not received any
                                                                                                            printing in the Commission’s Public                    to list P.M.-settled options on broad-
                                                    unsolicited written comments from
                                                                                                            Reference Room, 100 F Street NE.,                      based indexes to expire on (a) any
                                                    Members or other interested parties.
                                                                                                            Washington, DC 20549, on official                      Friday of the month, other than the
                                                    III. Date of Effectiveness of the                       business days between the hours of                     third Friday-of-the-month (‘‘EOW’’), (b)
                                                    Proposed Rule Change and Timing for                     10:00 a.m. and 3:00 p.m. Copies of the                 the last trading day of the month
                                                    Commission Action                                       filing also will be available for                      (‘‘EOM’’), and (c) any Wednesday of the
                                                                                                            inspection and copying at the principal                month, other than a Wednesday that
                                                       The foregoing rule change has become
                                                                                                            office of the Exchange. All comments                   coincides with an EOM (‘‘WED’’).5
                                                    effective pursuant to Section 19(b)(3)(A)
                                                                                                            received will be posted without change;                Under the proposal, the Exchange will
                                                    of the Act 21 and paragraph (f) of Rule
                                                                                                            the Commission does not edit personal                  expand the Pilot to permit P.M.-settled
                                                    19b–4 thereunder.22 At any time within
                                                                                                            identifying information from                           options on broad-based indexes to
                                                    60 days of the filing of the proposed rule
                                                    change, the Commission summarily may                    submissions. You should submit only                      1 15  U.S.C. 78s(b)(1).
                                                    temporarily suspend such rule change if                 information that you wish to make                        2 17  CFR 240.19b–4.
                                                    it appears to the Commission that such                  available publicly. All submissions                       3 See Securities Exchange Act Release No. 78132

                                                    action is necessary or appropriate in the               should refer to File Number SR–                        (June 22, 2016), 81 FR 42018 (June 28, 2016)
                                                    public interest, for the protection of                  BatsEDGX–2016–42, and should be                        (‘‘Notice’’).
                                                                                                                                                                      4 See Securities Exchange Act Release No. 62911
                                                    investors, or otherwise in furtherance of               submitted on or before September 6,
                                                                                                                                                                   (September 14, 2010), 75 FR 57539 (September 21,
                                                    the purposes of the Act.                                2016.                                                  2010) (order approving SR–CBOE–2009–075)
                                                                                                              For the Commission, by the Division of               (‘‘Pilot Approval Order’’). See also Securities
                                                    IV. Solicitation of Comments                                                                                   Exchange Act Release No. 76909 (January 14, 2016),
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            Trading and Markets, pursuant to delegated
                                                      Interested persons are invited to                                                                            81 FR 3512 (January 21, 2016) (SR–CBOE–2015–
                                                                                                            authority.23                                           106) (order approving an expansion and extension
                                                    submit written data, views, and                         Robert W. Errett,                                      of the Pilot) (‘‘WED Approval Order’’). The Pilot is
                                                    arguments concerning the foregoing,                                                                            currently set to expire on May 3, 2017. See id.
                                                    including whether the proposed rule                     Deputy Secretary.                                         5 EOWs, EOMs, and WEDs are permitted on any

                                                    change is consistent with the Act.                      [FR Doc. 2016–19444 Filed 8–15–16; 8:45 am]            broad-based index that is eligible for regular options
                                                                                                            BILLING CODE 8011–01–P
                                                                                                                                                                   trading. EOWs, EOMs, and WEDs are cash-settled
                                                                                                                                                                   expirations with European-style exercise, and are
                                                      21 15 U.S.C. 78s(b)(3)(A).                                                                                   subject to the same rules that govern the trading of
                                                      22 17 CFR 240.19b–4(f).                                 23 17   CFR 200.30–3(a)(12).                         standard index options. See CBOE Rule 24.9(e).



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Document Created: 2016-08-16 03:20:31
Document Modified: 2016-08-16 03:20:31
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 54640 

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