81_FR_63417 81 FR 63239 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of Bats BZX Exchange, Inc.

81 FR 63239 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of Bats BZX Exchange, Inc.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 178 (September 14, 2016)

Page Range63239-63241
FR Document2016-22033

Federal Register, Volume 81 Issue 178 (Wednesday, September 14, 2016)
[Federal Register Volume 81, Number 178 (Wednesday, September 14, 2016)]
[Notices]
[Pages 63239-63241]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22033]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78792; File No. SR-BatsBZX-2016-56]


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

September 8, 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 31, 2016, Bats BZX Exchange, Inc. (the ``Exchange'' or 
``BZX'') 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 to amend its fees and 
rebates applicable to Members \5\ and non-Members of the Exchange 
pursuant to BZX Rules 15.1(a) and (c).
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    \5\ A 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 to: (i) Adopt a new 
tier called the Take Volume Tier under footnote 3; and (ii) add 
definitions of Options Customer Remove TCV and Step-Up Remove TCV, as 
described below, to the Definitions section of its fee schedule.
    Currently, with respect to the Exchange's equities trading platform 
(``BZX Equities'') the Exchange determines rebates and fees that it 
will apply to Members using the Exchange's tiered pricing structure. 
Under the Exchange's pricing structure, a Member will receive a 
standard rebate of either $0.0020 (for Tapes A and C) or $0.0025 (for 
Tape B) on orders that add liquidity and will be assessed a standard 
fee of $0.0030 per share executed on orders that remove liquidity. 
Reduced fees and increased rebates are available depending on the 
volume tier for which such Member qualifies. Included amongst the 
volume tiers offered by the Exchange are various tiers for purposes of 
BZX Equities pricing, which require participation on the Exchange's 
options platform (``BZX Options'') and are generally referred to as 
``Cross-Asset Tiers''. For instance, pursuant to footnote 3 of the BZX 
Equities Fee Schedule, the Exchange offers three Cross-Asset Step-Up 
Tiers, which provide enhanced rebates ranging from of $0.0027 to 
$0.0029 per share on displayed orders that add liquidity in Tape A, B 
and C securities submitted by Members with qualifying Step-Up Add TCV 
\6\ on BZX Options.
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    \6\ As defined in the Exchange's Fee Schedule.
---------------------------------------------------------------------------

    In connection with the proposed tier described below, the Exchange 
proposes to adopt definitions for Options Customer Remove TCV and Step-
Up Remove TCV. The proposed definition for Options Customer Remove TCV 
is based on and similar to the definition of Options Customer Add TCV 
set forth on the Exchange's Fee Schedule. As proposed, ``Options 
Customer Remove TCV'' for purposes of equities pricing would mean ADV 
\7\ resulting from Customer \8\ orders that remove liquidity as a 
percentage of TCV,\9\ using the definitions of ADV, Customer and TCV as 
provided under the Exchange's fee schedule for BZX Options. The 
proposed definition for Step-Up Remove TCV is based on and similar to 
the definition of Step-Up Add TCV set forth on the Exchange's Fee 
Schedule. As proposed, ``Step-Up Remove TCV'' for purposes of equities 
pricing would mean ADV resulting from orders that remove liquidity as a 
percentage of TCV in the relevant baseline month subtracted from 
current ADV resulting from orders that remove liquidity as a percentage 
of TCV.
---------------------------------------------------------------------------

    \7\ Id.
    \8\ Id.
    \9\ Id.
---------------------------------------------------------------------------

    The Exchange proposes to adopt a new tier entitled ``Take Volume 
Tier'' under footnote 3, applicable to orders yielding fee codes BB, N 
and W. Under the Take Volume Tier, the Exchange is proposing to provide 
a reduced fee of $0.00295 per share to Members with: (1) Options 
Customer Remove TCV equal to or greater than 0.30%; and (2) Step-Up 
Remove TCV from July 2016 equal to or greater than 0.05%. As is the 
case with any other fee on the Fee Schedule, to

[[Page 63240]]

the extent that a Member qualifies for a lower fee than those provided 
under the proposed Take Volume Tier, the lower fee shall apply.
Implementation Date
    The Exchange proposes to implement these amendments to its fee 
schedule as of September 1, 2016.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the objectives of Section 6 of the Act,\10\ in general, and 
furthers the objectives of Section 6(b)(4),\11\ 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 change reflects a competitive 
pricing structure designed to incent market participants to direct 
their order flow to the Exchange. The Exchange believes that the 
proposed tier is equitable and non-discriminatory in it would apply 
uniformly to all Members. The Exchange believes the rates remain 
competitive with those charged by other venues and, therefore, 
reasonable and equitably allocated to Members.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    Volume-based rebates and fees such as the proposed Take Volume Tier 
have been widely adopted by equities and 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 to 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 Exchange believes that the proposal to add a Take Volume Tier 
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 both BZX Equities 
and BZX Options. The increased liquidity from this proposal also 
benefits all investors by deepening the BZX Equities and BZX Options 
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 programs operated by the Exchange. To 
the extent a Member participates on the Exchange but not on BZX 
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 BZX 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 BZX Options or not. The proposed pricing 
program is also fair and equitable in that membership in BZX Options is 
available to all market participants which would provide them with 
access to the benefits on BZX Options provided by the proposed changes, 
as described above, even where a member of BZX 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 a lower fee than they would currently 
receive.

(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 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 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 structures to be unreasonable or excessive. The 
proposed changes are generally intended to offer an incentive resulting 
in reduced fees for removing liquidity on the Exchange, which is 
intended to draw additional participants to the Exchange. The Exchange 
does not believe the proposed amendments would burden intramarket 
competition as they would be available to all Members uniformly.
    The Exchange does not believe that the proposed new Take Volume 
Tier would burden competition, but instead, enhances competition, as it 
is intended to increase the competitiveness of and draw additional 
volume to the Exchange.

(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 \12\ and paragraph (f) of Rule 19b-4 
thereunder.\13\ 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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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 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-BatsBZX-2016-56 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-BatsBZX-2016-56. This 
file number should be included on the

[[Page 63241]]

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-BatsBZX-2016-56 and should be submitted on or before 
October 5, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-22033 Filed 9-13-16; 8:45 am]
BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Notices                                                   63239

                                                    53202 and Orinda Asset Management,                         Exchange under Section 19(b)(3)(A)(ii)                (for Tape B) on orders that add liquidity
                                                    LLC, 4 Orinda Way, Suite 100B, Orinda,                     of the Act 3 and Rule 19b–4(f)(2)                     and will be assessed a standard fee of
                                                    CA 94563.                                                  thereunder,4 which renders the                        $0.0030 per share executed on orders
                                                    FOR FURTHER INFORMATION CONTACT:                           proposed rule change effective upon                   that remove liquidity. Reduced fees and
                                                    Deepak T. Pai, Senior Counsel, at (202)                    filing with the Commission. The                       increased rebates are available
                                                    551–6876, or Mary Kay Frech, Branch                        Commission is publishing this notice to               depending on the volume tier for which
                                                    Chief, at (202) 551–6814 (Division of                      solicit comments on the proposed rule                 such Member qualifies. Included
                                                    Investment Management, Chief                               change from interested persons.                       amongst the volume tiers offered by the
                                                    Counsel’s Office).                                                                                               Exchange are various tiers for purposes
                                                                                                               I. Self-Regulatory Organization’s                     of BZX Equities pricing, which require
                                                    Background                                                 Statement of the Terms of Substance of                participation on the Exchange’s options
                                                                                                               the Proposed Rule Change                              platform (‘‘BZX Options’’) and are
                                                      1. The Prior Order granted the
                                                    Applicants relief from section 15(a) of                       The Exchange filed a proposal to                   generally referred to as ‘‘Cross-Asset
                                                    the Act and rule 18f-2 under the Act, as                   amend to amend its fees and rebates                   Tiers’’. For instance, pursuant to
                                                    well as from certain disclosure                            applicable to Members 5 and non-                      footnote 3 of the BZX Equities Fee
                                                    requirements, to permit certain series of                  Members of the Exchange pursuant to                   Schedule, the Exchange offers three
                                                    AST to enter into and materially amend                     BZX Rules 15.1(a) and (c).                            Cross-Asset Step-Up Tiers, which
                                                    subadvisory agreements without                                The text of the proposed rule change               provide enhanced rebates ranging from
                                                    shareholder approval. Applicants have                      is available at the Exchange’s Web site               of $0.0027 to $0.0029 per share on
                                                    requested that the Prior Order be                          at www.batstrading.com, at the                        displayed orders that add liquidity in
                                                    rescinded because they are not presently                   principal office of the Exchange, and at              Tape A, B and C securities submitted by
                                                    relying on the Prior Order and will not                    the Commission’s Public Reference                     Members with qualifying Step-Up Add
                                                    do so in the future.                                       Room.                                                 TCV 6 on BZX Options.
                                                      2. Section 38(a) of the Act states, in                                                                            In connection with the proposed tier
                                                                                                               II. Self-Regulatory Organization’s                    described below, the Exchange proposes
                                                    relevant part, that the Commission shall                   Statement of the Purpose of, and
                                                    have authority to rescind an order as is                                                                         to adopt definitions for Options
                                                                                                               Statutory Basis for, the Proposed Rule                Customer Remove TCV and Step-Up
                                                    necessary or appropriate to the exercise                   Change
                                                    of the powers conferred upon the                                                                                 Remove TCV. The proposed definition
                                                    Commission elsewhere in the Act. The                          In its filing with the Commission, the             for Options Customer Remove TCV is
                                                    Commission intends to rescind the Prior                    Exchange included statements                          based on and similar to the definition of
                                                    Order pursuant to section 38(a) of the                     concerning the purpose of and basis for               Options Customer Add TCV set forth on
                                                    Act.                                                       the proposed rule change and discussed                the Exchange’s Fee Schedule. As
                                                                                                               any comments it received on the                       proposed, ‘‘Options Customer Remove
                                                      By the Commission.                                       proposed rule change. The text of these               TCV’’ for purposes of equities pricing
                                                    Brent J. Fields,                                           statements may be examined at the                     would mean ADV 7 resulting from
                                                    Secretary.                                                 places specified in Item IV below. The                Customer 8 orders that remove liquidity
                                                    [FR Doc. 2016–22009 Filed 9–13–16; 8:45 am]                Exchange has prepared summaries, set                  as a percentage of TCV,9 using the
                                                    BILLING CODE 8011–01–P                                     forth in Sections A, B, and C below, of               definitions of ADV, Customer and TCV
                                                                                                               the most significant parts of such                    as provided under the Exchange’s fee
                                                                                                               statements.                                           schedule for BZX Options. The
                                                    SECURITIES AND EXCHANGE                                                                                          proposed definition for Step-Up Remove
                                                                                                               (A) Self-Regulatory Organization’s
                                                    COMMISSION                                                                                                       TCV is based on and similar to the
                                                                                                               Statement of the Purpose of, and
                                                    [Release No. 34–78792; File No. SR–                                                                              definition of Step-Up Add TCV set forth
                                                                                                               Statutory Basis for, the Proposed Rule
                                                    BatsBZX–2016–56]                                                                                                 on the Exchange’s Fee Schedule. As
                                                                                                               Change
                                                                                                                                                                     proposed, ‘‘Step-Up Remove TCV’’ for
                                                    Self-Regulatory Organizations; Bats                        1. Purpose                                            purposes of equities pricing would
                                                    BZX Exchange, Inc.; Notice of Filing                          The Exchange proposes to amend its                 mean ADV resulting from orders that
                                                    and Immediate Effectiveness of a                           fee schedule to: (i) Adopt a new tier                 remove liquidity as a percentage of TCV
                                                    Proposed Rule Change Related to Fees                       called the Take Volume Tier under                     in the relevant baseline month
                                                    for Use of Bats BZX Exchange, Inc.                         footnote 3; and (ii) add definitions of               subtracted from current ADV resulting
                                                                                                               Options Customer Remove TCV and                       from orders that remove liquidity as a
                                                    September 8, 2016.                                                                                               percentage of TCV.
                                                       Pursuant to Section 19(b)(1) of the                     Step-Up Remove TCV, as described
                                                                                                               below, to the Definitions section of its                 The Exchange proposes to adopt a
                                                    Securities Exchange Act of 1934 (the                                                                             new tier entitled ‘‘Take Volume Tier’’
                                                    ‘‘Act’’),1 and Rule 19b–4 thereunder,2                     fee schedule.
                                                                                                                  Currently, with respect to the                     under footnote 3, applicable to orders
                                                    notice is hereby given that on August                                                                            yielding fee codes BB, N and W. Under
                                                                                                               Exchange’s equities trading platform
                                                    31, 2016, Bats BZX Exchange, Inc. (the                                                                           the Take Volume Tier, the Exchange is
                                                                                                               (‘‘BZX Equities’’) the Exchange
                                                    ‘‘Exchange’’ or ‘‘BZX’’) filed with the                                                                          proposing to provide a reduced fee of
                                                                                                               determines rebates and fees that it will
                                                    Securities and Exchange Commission                                                                               $0.00295 per share to Members with: (1)
                                                                                                               apply to Members using the Exchange’s
                                                    (‘‘Commission’’) the proposed rule                                                                               Options Customer Remove TCV equal to
                                                                                                               tiered pricing structure. Under the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    change as described in Items I, II and III                                                                       or greater than 0.30%; and (2) Step-Up
                                                                                                               Exchange’s pricing structure, a Member
                                                    below, which Items have been prepared                                                                            Remove TCV from July 2016 equal to or
                                                                                                               will receive a standard rebate of either
                                                    by the Exchange. The Exchange has                                                                                greater than 0.05%. As is the case with
                                                                                                               $0.0020 (for Tapes A and C) or $0.0025
                                                    designated the proposed rule change as                                                                           any other fee on the Fee Schedule, to
                                                    one establishing or changing a member                        3 15U.S.C. 78s(b)(3)(A)(ii).
                                                    due, fee, or other charge imposed by the                     4 17CFR 240.19b–4(f)(2).
                                                                                                                                                                       6 As    defined in the Exchange’s Fee Schedule.
                                                                                                                 5 A Member is defined as ‘‘any registered broker      7 Id.
                                                      1 15   U.S.C. 78s(b)(1).                                                                                         8 Id.
                                                                                                               or dealer that has been admitted to membership in
                                                      2 17   CFR 240.19b–4.                                    the Exchange.’’ See Exchange Rule 1.5(n).               9 Id.




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                                                    63240                         Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Notices

                                                    the extent that a Member qualifies for a                   transparency and improving investor                   intended to draw additional participants
                                                    lower fee than those provided under the                    protection. Such pricing programs                     to the Exchange. The Exchange does not
                                                    proposed Take Volume Tier, the lower                       thereby reward a Member’s growth                      believe the proposed amendments
                                                    fee shall apply.                                           pattern on the Exchange and such                      would burden intramarket competition
                                                                                                               increased volume increases potential                  as they would be available to all
                                                    Implementation Date
                                                                                                               revenue to the Exchange, and will allow               Members uniformly.
                                                      The Exchange proposes to implement                       the Exchange to continue to provide and                 The Exchange does not believe that
                                                    these amendments to its fee schedule as                    potentially expand the incentive                      the proposed new Take Volume Tier
                                                    of September 1, 2016.                                      programs operated by the Exchange. To                 would burden competition, but instead,
                                                    2. Statutory Basis                                         the extent a Member participates on the               enhances competition, as it is intended
                                                                                                               Exchange but not on BZX Options, the                  to increase the competitiveness of and
                                                       The Exchange believes that the                          Exchange does believe that the proposal               draw additional volume to the
                                                    proposed rule change is consistent with                    is still reasonable, equitably allocated              Exchange.
                                                    the objectives of Section 6 of the Act,10                  and non-discriminatory with respect to
                                                    in general, and furthers the objectives of                 such Member based on the overall                      (C) Self-Regulatory Organization’s
                                                    Section 6(b)(4),11 in particular, as it is                 benefit to the Exchange resulting from                Statement on Comments on the
                                                    designed to provide for the equitable                      the success of BZX Options. As noted                  Proposed Rule Change Received From
                                                    allocation of reasonable dues, fees and                    above, such success allows the                        Members, Participants or Others
                                                    other charges among its Members and                        Exchange to continue to provide and                     The Exchange has not solicited, and
                                                    other persons using its facilities. The                    potentially expand its existing incentive             does not intend to solicit, comments on
                                                    Exchange also notes that it operates in                    programs to the benefit of all                        this proposed rule change. The
                                                    a highly-competitive market in which                       participants on the Exchange, whether                 Exchange has not received any
                                                    market participants can readily direct                     they participate on BZX Options or not.               unsolicited written comments from
                                                    order flow to competing venues if they                     The proposed pricing program is also                  Members or other interested parties.
                                                    deem fee levels at a particular venue to                   fair and equitable in that membership in
                                                    be excessive. The proposed rule change                                                                           III. Date of Effectiveness of the
                                                                                                               BZX Options is available to all market
                                                    reflects a competitive pricing structure                   participants which would provide them                 Proposed Rule Change and Timing for
                                                    designed to incent market participants                     with access to the benefits on BZX                    Commission Action
                                                    to direct their order flow to the                          Options provided by the proposed                         The foregoing rule change has become
                                                    Exchange. The Exchange believes that                       changes, as described above, even where               effective pursuant to Section 19(b)(3)(A)
                                                    the proposed tier is equitable and non-                    a member of BZX Options is not                        of the Act 12 and paragraph (f) of Rule
                                                    discriminatory in it would apply                           necessarily eligible for the proposed                 19b–4 thereunder.13 At any time within
                                                    uniformly to all Members. The                              increased rebates on the Exchange.                    60 days of the filing of the proposed rule
                                                    Exchange believes the rates remain                         Further, the proposed changes will                    change, the Commission summarily may
                                                    competitive with those charged by other                    result in Members receiving either the                temporarily suspend such rule change if
                                                    venues and, therefore, reasonable and                      same or a lower fee than they would                   it appears to the Commission that such
                                                    equitably allocated to Members.                            currently receive.                                    action is necessary or appropriate in the
                                                       Volume-based rebates and fees such                                                                            public interest, for the protection of
                                                    as the proposed Take Volume Tier have                      (B) Self-Regulatory Organization’s
                                                                                                                                                                     investors, or otherwise in furtherance of
                                                    been widely adopted by equities and                        Statement on Burden on Competition
                                                                                                                                                                     the purposes of the Act.
                                                    options exchanges and are equitable                           The Exchange does not believe its
                                                    because they are open to all Members on                    proposed amendment to its Fee                         IV. Solicitation of Comments
                                                    an equal basis and provide additional                      Schedule would impose any burden on                     Interested persons are invited to
                                                    benefits or discounts that are reasonably                  competition that is not necessary or                  submit written data, views, and
                                                    related to the value to an exchange’s                      appropriate in furtherance of the                     arguments concerning the foregoing,
                                                    market quality associated with higher                      purposes of the Act. The Exchange does                including whether the proposed rule
                                                    levels of market activity, such as higher                  not believe that the proposed change                  change is consistent with the Act.
                                                    levels of liquidity provision and/or                       represents a significant departure from               Comments may be submitted by any of
                                                    growth patterns, and introduction of                       previous pricing offered by the                       the following methods:
                                                    higher volumes of orders into the price                    Exchange or pricing offered by the
                                                    and volume discovery processes.                            Exchange’s competitors. Additionally,                 Electronic Comments
                                                       The Exchange believes that the                          Members may opt to disfavor the                         • Use the Commission’s Internet
                                                    proposal to add a Take Volume Tier is                      Exchange’s pricing if they believe that               comment form (http://www.sec.gov/
                                                    a reasonable, fair and equitable, and not                  alternatives offer them better value.                 rules/sro.shtml); or
                                                    unfairly discriminatory allocation of                      Accordingly, the Exchange does not                      • Send an email to rule-comments@
                                                    fees and rebates because it will provide                   believe that the proposed change will                 sec.gov. Please include File Number SR–
                                                    Members with an additional incentive                       impair the ability of Members or                      BatsBZX–2016–56 on the subject line.
                                                    to reach certain thresholds on both BZX                    competing venues to maintain their
                                                                                                               competitive standing in the financial                 Paper Comments
                                                    Equities and BZX Options. The
                                                    increased liquidity from this proposal                     markets.                                                • Send paper comments in triplicate
                                                                                                                  The Exchange notes that it operates in             to Secretary, Securities and Exchange
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    also benefits all investors by deepening
                                                    the BZX Equities and BZX Options                           a highly competitive market in which                  Commission, 100 F Street NE.,
                                                    liquidity pools, offering additional                       market participants can readily direct                Washington, DC 20549–1090.
                                                    flexibility for all investors to enjoy cost                order flow to competing venues if they                All submissions should refer to File
                                                    savings, supporting the quality of price                   deem fee structures to be unreasonable                Number SR–BatsBZX–2016–56. This file
                                                    discovery, promoting market                                or excessive. The proposed changes are                number should be included on the
                                                                                                               generally intended to offer an incentive
                                                      10 15   U.S.C. 78f.                                      resulting in reduced fees for removing                  12 15   U.S.C. 78s(b)(3)(A).
                                                      11 15   U.S.C. 78f(b)(4).                                liquidity on the Exchange, which is                     13 17   CFR 240.19b–4(f).



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                                                                             Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Notices                                                  63241

                                                    subject line if email is used. To help the              change as described in Items I, II and III            Quoting Incentive Program (‘‘QIP’’)
                                                    Commission process and review your                      below, which Items have been prepared                 Tier 4
                                                    comments more efficiently, please use                   by the Exchange. The Exchange has
                                                    only one method. The Commission will                    designated the proposed rule change as                  The Exchange currently offers three
                                                    post all comments on the Commission’s                   one establishing or changing a member                 QIP tiers under footnote 5, which
                                                    Internet Web site (http://www.sec.gov/                  due, fee, or other charge imposed by the              provide an additional rebate per
                                                    rules/sro.shtml). Copies of the                         Exchange under Section 19(b)(3)(A)(ii)                contract for orders that add liquidity to
                                                    submission, all subsequent                              of the Act 3 and Rule 19b–4(f)(2)                     the BZX Options Book 6 in options
                                                    amendments, all written statements                      thereunder,4 which renders the                        classes in which a Member is a Market
                                                    with respect to the proposed rule                                                                             Maker 7 registered on BZX Options
                                                                                                            proposed rule change effective upon
                                                    change that are filed with the                                                                                pursuant to Rule 22.2. The Market
                                                                                                            filing with the Commission. The
                                                    Commission, and all written                                                                                   Maker must be registered with BZX
                                                    communications relating to the                          Commission is publishing this notice to
                                                                                                                                                                  Options in an average of 20% or more
                                                    proposed rule change between the                        solicit comments on the proposed rule
                                                                                                                                                                  of the associated options series in a
                                                    Commission and any person, other than                   change from interested persons.
                                                                                                                                                                  class in order to qualify for QIP rebates
                                                    those that may be withheld from the                     I. Self-Regulatory Organization’s                     for that class. The QIP tiers provide an
                                                    public in accordance with the                           Statement of the Terms of Substance of                enhanced rebate ranging from $0.02 to
                                                    provisions of 5 U.S.C. 552, will be                     the Proposed Rule Change                              $0.05 per contract to qualifying Market
                                                    available for Web site viewing and                                                                            Maker orders that yield fee code PM or
                                                    printing in the Commission’s Public                        The Exchange filed a proposal to                   NM. The Exchange now proposes to add
                                                    Reference Room, 100 F Street NE.,                       amend the fee schedule applicable to                  QIP Tier 4 under which a Market Maker
                                                    Washington, DC 20549, on official                       Members 5 and non-Members of the                      may receive an additional rebate of
                                                    business days between the hours of                      Exchange pursuant to BZX Rules 15.1(a)                $0.03 per contract, where the Member
                                                    10:00 a.m. and 3:00 p.m. Copies of such                 and (c).
                                                    filing will also be available for                                                                             has an ADAV 8 in Market Maker orders
                                                    inspection and copying at the principal                    The text of the proposed rule change               equal to or greater than 0.40% of
                                                    office of the Exchange. All comments                    is available at the Exchange’s Web site               average TCV.9
                                                    received will be posted without change;                 at www.batstrading.com, at the
                                                                                                                                                                  NBBO Setter Tier
                                                    the Commission does not edit personal                   principal office of the Exchange, and at
                                                    identifying information from                            the Commission’s Public Reference                       The Exchange currently offers four
                                                    submissions. You should submit only                     Room.                                                 NBBO Setter tiers under footnote 4,
                                                    information that you wish to make                                                                             which provide an additional rebate per
                                                                                                            II. Self-Regulatory Organization’s
                                                    available publicly. All submissions                                                                           contract for non-Customer orders that
                                                                                                            Statement of the Purpose of, and
                                                    should refer to File Number SR–                                                                               add liquidity and establish a new
                                                    BatsBZX–2016–56 and should be                           Statutory Basis for, the Proposed Rule
                                                                                                            Change                                                National Best Bid or Offer (‘‘NBBO’’).
                                                    submitted on or before October 5, 2016.                                                                       The NBBO Setter tiers provide an
                                                      For the Commission, by the Division of                  In its filing with the Commission, the              enhanced rebate ranging from $0.02 to
                                                    Trading and Markets, pursuant to delegated              Exchange included statements                          $0.05 per contract to qualifying non-
                                                    authority.14                                            concerning the purpose of and basis for               Customer orders that yield fee code PA,
                                                    Brent J. Fields,                                        the proposed rule change and discussed                PF, PM, PN, NA, NF, NM or NN. The
                                                    Secretary.                                              any comments it received on the                       Exchange now proposes to add a new
                                                    [FR Doc. 2016–22033 Filed 9–13–16; 8:45 am]             proposed rule change. The text of these               NBBO Setter Tier 4 under which a non-
                                                    BILLING CODE 8011–01–P                                  statements may be examined at the                     Customer order may receive an
                                                                                                            places specified in Item IV below. The                additional rebate of $0.03 per contract
                                                                                                            Exchange has prepared summaries, set                  where the Member has an ADAV in
                                                    SECURITIES AND EXCHANGE                                                                                       Market Maker orders equal to or greater
                                                                                                            forth in Sections A, B, and C below, of
                                                    COMMISSION                                                                                                    than 0.40% of average TCV. As a result,
                                                                                                            the most significant parts of such
                                                    [Release No. 34–78787; File No. SR–                     statements.                                           the current NBBO Setter Tier 4 will be
                                                    BatsBZX–2016–57]                                                                                              renamed to NBBO Setter Tier 5.
                                                                                                            (A) Self-Regulatory Organization’s
                                                    Self-Regulatory Organizations; Bats                     Statement of the Purpose of, and                      Implementation Date
                                                    BZX Exchange, Inc.; Notice of Filing                    Statutory Basis for, the Proposed Rule
                                                    and Immediate Effectiveness of a                                                                                The Exchange proposes to implement
                                                                                                            Change                                                these amendments to its fee schedule as
                                                    Proposed Rule Change Related to Fees
                                                    for Use of Bats BZX Exchange, Inc.                      1. Purpose                                            of September 1, 2016.

                                                    September 8, 2016.                                         The Exchange proposes to modify its                  6 See Exchange Rule 16.1(a)(9).
                                                       Pursuant to Section 19(b)(1) of the                  fee schedule applicable to the                          7 ‘‘Market Maker’’ applies to any transaction
                                                    Securities Exchange Act of 1934 (the                    Exchange’s options platform (‘‘BZX                    identified by a Member for clearing in the Market
                                                    ‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                        Maker range at the OCC, where such Member is
                                                                                                            Options’’) to: (i) Adopt a new Quoting                registered with the Exchange as a Market Maker as
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    notice is hereby given that on August                   Incentive Program Tier under footnote                 defined in Rule 16.1(a)(37).
                                                    31, 2016, Bats BZX Exchange, Inc. (the                  5; and (ii) adopt a new NBBO Setter Tier                8 ‘‘ADAV’’ means average daily added volume

                                                    ‘‘Exchange’’ or ‘‘BZX’’) filed with the                 under footnote 4.                                     calculated as the number of contracts added.
                                                    Securities and Exchange Commission                                                                              9 ‘‘TCV’’ means total consolidated volume

                                                    (‘‘Commission’’) the proposed rule                                                                            calculated as the volume reported by all exchanges
                                                                                                              3 15U.S.C. 78s(b)(3)(A)(ii).                        to the consolidated transaction reporting plan for
                                                                                                              4 17CFR 240.19b–4(f)(2).                            the month for which the fees apply, excluding
                                                      14 17 CFR 200.30–3(a)(12).                              5 A Member is defined as ‘‘any registered broker    volume on any day that the Exchange experiences
                                                      1 15 U.S.C. 78s(b)(1).                                or dealer that has been admitted to membership in     an Exchange System Disruption and on any day
                                                      2 17 CFR 240.19b–4.                                   the Exchange.’’ See Exchange Rule 1.5(n).             with a scheduled early market close.



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Document Created: 2016-09-14 02:26:45
Document Modified: 2016-09-14 02:26:45
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 63239 

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