81_FR_63419 81 FR 63241 - 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 63241 - 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 Range63241-63243
FR Document2016-22028

Federal Register, Volume 81 Issue 178 (Wednesday, September 14, 2016)
[Federal Register Volume 81, Number 178 (Wednesday, September 14, 2016)]
[Notices]
[Pages 63241-63243]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22028]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78787; File No. SR-BatsBZX-2016-57]


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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable 
to Members \5\ and non-Members of the Exchange pursuant to BZX Rules 
15.1(a) and (c).
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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 modify its fee schedule applicable to the 
Exchange's options platform (``BZX Options'') to: (i) Adopt a new 
Quoting Incentive Program Tier under footnote 5; and (ii) adopt a new 
NBBO Setter Tier under footnote 4.
Quoting Incentive Program (``QIP'') Tier 4
    The Exchange currently offers three QIP tiers under footnote 5, 
which provide an additional rebate per contract for orders that add 
liquidity to the BZX Options Book \6\ in options classes in which a 
Member is a Market Maker \7\ registered on BZX Options pursuant to Rule 
22.2. The Market Maker must be registered with BZX Options in an 
average of 20% or more of the associated options series in a class in 
order to qualify for QIP rebates for that class. The QIP tiers provide 
an enhanced rebate ranging from $0.02 to $0.05 per contract to 
qualifying Market Maker orders that yield fee code PM or NM. The 
Exchange now proposes to add QIP Tier 4 under which a Market Maker may 
receive an additional rebate of $0.03 per contract, where the Member 
has an ADAV \8\ in Market Maker orders equal to or greater than 0.40% 
of average TCV.\9\
---------------------------------------------------------------------------

    \6\ See Exchange Rule 16.1(a)(9).
    \7\ ``Market Maker'' applies to any transaction identified by a 
Member for clearing in the Market Maker range at the OCC, where such 
Member is registered with the Exchange as a Market Maker as defined 
in Rule 16.1(a)(37).
    \8\ ``ADAV'' means average daily added volume calculated as the 
number of contracts added.
    \9\ ``TCV'' means total consolidated volume calculated as the 
volume reported by all exchanges to the consolidated transaction 
reporting plan for the month for which the fees apply, excluding 
volume on any day that the Exchange experiences an Exchange System 
Disruption and on any day with a scheduled early market close.
---------------------------------------------------------------------------

NBBO Setter Tier
    The Exchange currently offers four NBBO Setter tiers under footnote 
4, which provide an additional rebate per contract for non-Customer 
orders that add liquidity and establish a new National Best Bid or 
Offer (``NBBO''). The NBBO Setter tiers provide an enhanced rebate 
ranging from $0.02 to $0.05 per contract to qualifying non-Customer 
orders that yield fee code PA, PF, PM, PN, NA, NF, NM or NN. The 
Exchange now proposes to add a new NBBO Setter Tier 4 under which a 
non-Customer order may receive an additional rebate of $0.03 per 
contract where the Member has an ADAV in Market Maker orders equal to 
or greater than 0.40% of average TCV. As a result, the current NBBO 
Setter Tier 4 will be renamed to NBBO Setter Tier 5.
Implementation Date
    The Exchange proposes to implement these amendments to its fee 
schedule as of September 1, 2016.

[[Page 63242]]

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the requirements of the Act and the rules and regulations 
thereunder that are applicable to a national securities exchange, and, 
in particular, with the requirements of Section 6 of the Act.\10\ 
Specifically, the Exchange believes that the proposed rule change is 
consistent with Section 6(b)(4) of the Act,\11\ in that it provides for 
the equitable allocation of reasonable dues, fees and other charges 
among members and other persons using any facility or system which the 
Exchange operates or controls. The Exchange notes that it operates in a 
highly competitive market in which market participants can readily 
direct order flow to competing venues if they deem fee levels to be 
excessive.
---------------------------------------------------------------------------

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

    Volume-based rebates such as those currently maintained on the 
Exchange 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 its proposal to add a new QIP Tier 4 
under footnote 5 is reasonable, fair and equitable and non-
discriminatory, for the reasons set forth above with respect to volume-
based pricing generally. In addition, the Exchange believes the amount 
of the proposed rebate offered under QIP Tier 4 is equitable and 
reasonable because it is generally in line with the rebates offered 
pursuant to QIP Tiers 1 to 3. The Exchange also notes that although 
registration as a Market Maker is required to qualify for QIP, such 
registration is available to all Members on an equal basis. The 
Exchange also believes that the proposed tier is reasonable, fair and 
equitable, and non-discriminatory because it, like the QIP generally, 
is aimed to incentivize active market making on the Exchange.
    The Exchange believes that its proposal to add a new NBBO Setter 
Tier 4 under footnote 4 is reasonable, fair and equitable and non-
discriminatory, for the reasons set forth above with respect to volume-
based pricing generally. Similar to the pricing tiers discussed above, 
this incentive is reasonably related to the value to the Exchange's 
market quality associated with higher levels of market activity, 
including liquidity provision and the introduction of higher volumes of 
orders into the price and volume discovery processes. In particular, 
the enhanced rebate will encourage Market Maker orders at the NBBO, and 
is therefore directly focused on encouraging aggressively priced 
liquidity provision on BZX Options. The proposed differentiation 
between Market Makers and other market participants recognizes the 
differing contributions made to the liquidity and trading environment 
on the Exchange by these market participants. Market Makers, unlike 
other market participants, have obligations to the market and 
regulatory requirements,\12\ which normally do not apply to other 
market participants. A Market Maker has the obligation to make 
continuous markets, engage in course of dealings reasonably calculated 
to contribute to the maintenance of a fair and orderly market, and not 
make bids or offers or enter into transactions that are inconsistent 
with such course of dealings. On the other hand, other market 
participants do not have such obligations on the Exchange. For the same 
reasons, the Exchange believes it is reasonable to provide an 
additional incentive in the form of the proposed new NBBO Setter Tier 4 
to Members submitting Market Maker orders.
---------------------------------------------------------------------------

    \12\ See Exchange Rule 22.5, Obligations of Market Makers.
---------------------------------------------------------------------------

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

    The Exchange believes the proposed amendments to its fee schedule 
would not impose any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. To the contrary, 
the Exchange has designed the proposed amendments to its fee schedule 
in order to enhance its ability to compete with other exchanges. Also, 
the Exchange believes that the expansion of criteria required to 
qualify for volume-tiered rebates by the Exchange contributes to rather 
than burdens competition, as such changes are intended to incentivize 
participants to increase their participation on the Exchange. 
Similarly, the introduction of a new QIP and NBBO Setter tier are 
intended to provide incentives to Market Makers to encourage them to 
enter orders to the Exchange, and thus is again intended to enhance 
competition.
    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. 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 changes to the Exchange's tiered pricing structure burdens 
competition, but instead, enhances competition as it is intended to 
increase the competitiveness of the Exchange. Also, the Exchange 
believes that the price changes contribute to, rather than burden 
competition, as such changes are broadly intended to incentivize 
participants to increase their participation on the Exchange, which 
will increase the liquidity and market quality on the Exchange, which 
will then further enhance the Exchange's ability to compete with other 
exchanges.

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

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

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \13\ and paragraph (f) of Rule 19b-4 
thereunder.\14\ 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.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 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:

[[Page 63243]]

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-2016-57 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-2016-57. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing will also be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-BatsBZX-2016-57 and should 
be submitted on or before October 5, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2016-22028 Filed 9-13-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             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.



                                               VerDate Sep<11>2014   20:55 Sep 13, 2016   Jkt 238001   PO 00000   Frm 00076   Fmt 4703   Sfmt 4703   E:\FR\FM\14SEN1.SGM    14SEN1


                                                    63242                         Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Notices

                                                    2. Statutory Basis                                         discussed above, this incentive is                    believe that alternatives offer them
                                                       The Exchange believes that the                          reasonably related to the value to the                better value. Accordingly, the Exchange
                                                    proposed rule change is consistent with                    Exchange’s market quality associated                  does not believe that the proposed
                                                    the requirements of the Act and the                        with higher levels of market activity,                change will impair the ability of
                                                    rules and regulations thereunder that                      including liquidity provision and the                 Members or competing venues to
                                                                                                               introduction of higher volumes of orders              maintain their competitive standing in
                                                    are applicable to a national securities
                                                                                                               into the price and volume discovery                   the financial markets. Additionally,
                                                    exchange, and, in particular, with the
                                                                                                               processes. In particular, the enhanced                Members may opt to disfavor the
                                                    requirements of Section 6 of the Act.10
                                                                                                               rebate will encourage Market Maker                    Exchange’s pricing if they believe that
                                                    Specifically, the Exchange believes that
                                                                                                               orders at the NBBO, and is therefore
                                                    the proposed rule change is consistent                                                                           alternatives offer them better value.
                                                                                                               directly focused on encouraging
                                                    with Section 6(b)(4) of the Act,11 in that                                                                       Accordingly, the Exchange does not
                                                                                                               aggressively priced liquidity provision
                                                    it provides for the equitable allocation                                                                         believe that the proposed changes to the
                                                                                                               on BZX Options. The proposed
                                                    of reasonable dues, fees and other                                                                               Exchange’s tiered pricing structure
                                                                                                               differentiation between Market Makers
                                                    charges among members and other                                                                                  burdens competition, but instead,
                                                                                                               and other market participants
                                                    persons using any facility or system                       recognizes the differing contributions                enhances competition as it is intended
                                                    which the Exchange operates or                             made to the liquidity and trading                     to increase the competitiveness of the
                                                    controls. The Exchange notes that it                       environment on the Exchange by these                  Exchange. Also, the Exchange believes
                                                    operates in a highly competitive market                    market participants. Market Makers,                   that the price changes contribute to,
                                                    in which market participants can                           unlike other market participants, have                rather than burden competition, as such
                                                    readily direct order flow to competing                     obligations to the market and regulatory              changes are broadly intended to
                                                    venues if they deem fee levels to be                       requirements,12 which normally do not                 incentivize participants to increase their
                                                    excessive.                                                 apply to other market participants. A                 participation on the Exchange, which
                                                       Volume-based rebates such as those                      Market Maker has the obligation to                    will increase the liquidity and market
                                                    currently maintained on the Exchange                       make continuous markets, engage in                    quality on the Exchange, which will
                                                    have been widely adopted by equities                       course of dealings reasonably calculated
                                                    and options exchanges and are equitable                                                                          then further enhance the Exchange’s
                                                                                                               to contribute to the maintenance of a                 ability to compete with other exchanges.
                                                    because they are open to all Members on                    fair and orderly market, and not make
                                                    an equal basis and provide additional                      bids or offers or enter into transactions             (C) Self-Regulatory Organization’s
                                                    benefits or discounts that are reasonably                  that are inconsistent with such course of             Statement on Comments on the
                                                    related to the value to an exchange’s                      dealings. On the other hand, other                    Proposed Rule Change Received From
                                                    market quality associated with higher                      market participants do not have such                  Members, Participants or Others
                                                    levels of market activity, such as higher                  obligations on the Exchange. For the
                                                    levels of liquidity provision and/or                       same reasons, the Exchange believes it                  The Exchange has not solicited, and
                                                    growth patterns, and introduction of                       is reasonable to provide an additional                does not intend to solicit, comments on
                                                    higher volumes of orders into the price                    incentive in the form of the proposed                 this proposed rule change. The
                                                    and volume discovery processes.                            new NBBO Setter Tier 4 to Members                     Exchange has not received any written
                                                       The Exchange believes that its                          submitting Market Maker orders.                       comments from members or other
                                                    proposal to add a new QIP Tier 4 under                                                                           interested parties.
                                                    footnote 5 is reasonable, fair and                         (B) Self-Regulatory Organization’s
                                                    equitable and non-discriminatory, for                      Statement on Burden on Competition                    III. Date of Effectiveness of the
                                                    the reasons set forth above with respect                      The Exchange believes the proposed                 Proposed Rule Change and Timing for
                                                    to volume-based pricing generally. In                      amendments to its fee schedule would                  Commission Action
                                                    addition, the Exchange believes the                        not impose any burden on competition
                                                    amount of the proposed rebate offered                                                                               The foregoing rule change has become
                                                                                                               that is not necessary or appropriate in
                                                    under QIP Tier 4 is equitable and                                                                                effective pursuant to Section 19(b)(3)(A)
                                                                                                               furtherance of the purposes of the Act.
                                                    reasonable because it is generally in line                 To the contrary, the Exchange has                     of the Act 13 and paragraph (f) of Rule
                                                    with the rebates offered pursuant to QIP                   designed the proposed amendments to                   19b–4 thereunder.14 At any time within
                                                    Tiers 1 to 3. The Exchange also notes                      its fee schedule in order to enhance its              60 days of the filing of the proposed rule
                                                    that although registration as a Market                     ability to compete with other exchanges.              change, the Commission summarily may
                                                    Maker is required to qualify for QIP,                      Also, the Exchange believes that the                  temporarily suspend such rule change if
                                                    such registration is available to all                      expansion of criteria required to qualify             it appears to the Commission that such
                                                    Members on an equal basis. The                             for volume-tiered rebates by the                      action is necessary or appropriate in the
                                                    Exchange also believes that the                            Exchange contributes to rather than                   public interest, for the protection of
                                                    proposed tier is reasonable, fair and                      burdens competition, as such changes                  investors, or otherwise in furtherance of
                                                    equitable, and non-discriminatory                          are intended to incentivize participants              the purposes of the Act.
                                                    because it, like the QIP generally, is                     to increase their participation on the
                                                    aimed to incentivize active market                                                                               IV. Solicitation of Comments
                                                                                                               Exchange. Similarly, the introduction of
                                                    making on the Exchange.                                    a new QIP and NBBO Setter tier are                      Interested persons are invited to
                                                       The Exchange believes that its                          intended to provide incentives to                     submit written data, views, and
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    proposal to add a new NBBO Setter Tier                     Market Makers to encourage them to                    arguments concerning the foregoing,
                                                    4 under footnote 4 is reasonable, fair                     enter orders to the Exchange, and thus                including whether the proposed rule
                                                    and equitable and non-discriminatory,                      is again intended to enhance                          change is consistent with the Act.
                                                    for the reasons set forth above with                       competition.
                                                    respect to volume-based pricing                                                                                  Comments may be submitted by any of
                                                                                                                  Additionally, Members may opt to
                                                    generally. Similar to the pricing tiers                                                                          the following methods:
                                                                                                               disfavor the Exchange’s pricing if they
                                                      10 15                                                                                                            13 15   U.S.C. 78s(b)(3)(A).
                                                              U.S.C. 78f.                                       12 See Exchange Rule 22.5, Obligations of Market
                                                      11 15   U.S.C. 78f(b)(4).                                Makers.                                                 14 17   CFR 240.19b–4(f).



                                               VerDate Sep<11>2014      20:55 Sep 13, 2016   Jkt 238001   PO 00000   Frm 00077   Fmt 4703   Sfmt 4703   E:\FR\FM\14SEN1.SGM     14SEN1


                                                                              Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Notices                                                        63243

                                                    Electronic Comments                                       SECURITIES AND EXCHANGE                                 and at the Commission’s Public
                                                                                                              COMMISSION                                              Reference Room.
                                                      • Use the Commission’s Internet
                                                    comment form (http://www.sec.gov/                         [Release No. 34–78601; File No. SR–                     II. Self-Regulatory Organization’s
                                                    rules/sro.shtml); or                                      NYSEArca–2016–113]                                      Statement of the Purpose of, and
                                                                                                                                                                      Statutory Basis for, the Proposed Rule
                                                      • Send an email to rule-comments@                       Self-Regulatory Organizations; NYSE                     Change
                                                    sec.gov. Please include File Number SR–                   Arca, Inc.; Notice of Filing and
                                                    BatsBZX–2016–57 on the subject line.                      Immediate Effectiveness of Proposed                       In its filing with the Commission, the
                                                                                                              Rule Change Extending the Pilot                         Exchange included statements
                                                    Paper Comments                                                                                                    concerning the purpose of and basis for
                                                                                                              Period for the Exchange’s Retail
                                                                                                                                                                      the proposed rule change and discussed
                                                      • Send paper comments in triplicate                     Liquidity Program
                                                                                                                                                                      any comments it received on the
                                                    to Secretary, Securities and Exchange                     August 17, 2016.                                        proposed rule change. The text of these
                                                    Commission, 100 F Street NE.,                                                                                     statements may be examined at the
                                                    Washington, DC 20549–1090.                                Correction
                                                                                                                                                                      places specified in Item IV below. The
                                                                                                                 In notice document 2016–20062,                       Exchange has prepared summaries, set
                                                    All submissions should refer to File
                                                                                                              appearing on pages 57632–57634 in the                   forth in sections A, B, and C below, of
                                                    Number SR–BatsBZX–2016–57. This file
                                                                                                              Issue of Tuesday, August 23, 2016, make                 the most significant aspects of such
                                                    number should be included on the                          the following correction:
                                                    subject line if email is used. To help the                                                                        statements.
                                                                                                                 On page 57634, in the third column,
                                                    Commission process and review your                        beginning on the fifteenth line, the entry              A. Self-Regulatory Organization’s
                                                    comments more efficiently, please use                     ‘‘September 12, 2016’’ should read                      Statement of the Purpose of, and
                                                    only one method. The Commission will                      ‘‘September 13, 2016’’.                                 Statutory Basis for, the Proposed Rule
                                                    post all comments on the Commission’s                     [FR Doc. C1–2016–20062 Filed 9–12–16; 11:15 am]
                                                                                                                                                                      Change
                                                    Internet Web site (http://www.sec.gov/                    BILLING CODE 1505–01–D                                  1. Purpose
                                                    rules/sro.shtml). Copies of the
                                                    submission, all subsequent                                                                                           The Exchange proposes to amend its
                                                    amendments, all written statements                        SECURITIES AND EXCHANGE                                 Fees Schedule. Specifically, the
                                                    with respect to the proposed rule                         COMMISSION                                              Exchange proposes to (1) increase the
                                                    change that are filed with the                                                                                    payment to the Designated Primary
                                                                                                              [Release No. 34–78786; File No. SR–CBOE–                Market-Maker(s) appointed in FTSE 100
                                                    Commission, and all written                               2016–066]
                                                    communications relating to the                                                                                    Index (‘‘UKXM’’) and the China 50
                                                                                                                                                                      Index ‘‘(FXTM’’) and (2) eliminate the
                                                    proposed rule change between the                          Self-Regulatory Organizations;                          transaction fee for Professional
                                                    Commission and any person, other than                     Chicago Board Options Exchange,                         Customers and Voluntary Professionals
                                                    those that may be withheld from the                       Incorporated; Notice of Filing and                      (‘‘W’’ origin code) (‘‘Professionals’’) for
                                                    public in accordance with the                             Immediate Effectiveness of a Proposed                   all manual transactions in all penny and
                                                    provisions of 5 U.S.C. 552, will be                       Rule Change To Amend the Fees                           non-penny equity, index (excluding
                                                    available for Web site viewing and                        Schedule                                                Underlying Symbol List A 3), ETF and
                                                    printing in the Commission’s Public                       September 8, 2016.                                      ETN options classes.
                                                    Reference Room, 100 F Street NE.,                            Pursuant to section 19(b)(1) of the                     Currently, the Exchange offers a
                                                    Washington, DC 20549, on official                         Securities Exchange Act of 1934 (the                    compensation plan to the DPM(s)
                                                    business days between the hours of                        ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  appointed in FXTM or UKXM to offset
                                                    10:00 a.m. and 3:00 p.m. Copies of such                   notice is hereby given that on                          the initial DPM costs. More specifically,
                                                    filing will also be available for                         September 1, 2016, Chicago Board                        Footnote 43 to the Fees Schedule
                                                    inspection and copying at the principal                   Options Exchange, Incorporated (the                     provides that DPM(s) appointed for an
                                                    office of the Exchange. All comments                      ‘‘Exchange’’ or ‘‘CBOE’’) filed with the                entire month in either FXTM or UKXM
                                                    received will be posted without change;                   Securities and Exchange Commission                      will receive a payment of $5,000 per
                                                    the Commission does not edit personal                     (the ‘‘Commission’’) the proposed rule                  class per month through December 31,
                                                    identifying information from                              change as described in Items I, II, and                 2016. The Payment was adopted to
                                                    submissions. You should submit only                       III below, which Items have been                        offset the initial DPM costs. The
                                                    information that you wish to make                         prepared by the Exchange. The                           Exchange notes that the startup and
                                                    available publicly. All submissions                       Commission is publishing this notice to                 ongoing costs to support these products
                                                    should refer to File Number SR-                           solicit comments on the proposed rule                   still exceeds the current DPM payment.
                                                    BatsBZX–2016–57 and should be                             change from interested persons.                         As such, the Exchange proposes to
                                                    submitted on or before October 5, 2016.                                                                           increase the payment to $7,500 per class
                                                                                                              I. Self-Regulatory Organization’s                       per month in order to help offset the
                                                      For the Commission, by the Division of                  Statement of the Terms of Substance of                  ongoing costs.
                                                    Trading and Markets, pursuant to delegated                the Proposed Rule Change                                   Next, the Exchange proposes to
                                                    authority.15                                                 The Exchange proposes to amend its                   reduce the transaction fee for
                                                    Brent J. Fields,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                              Fees Schedule. The text of the proposed                 Professionals for all manual transactions
                                                    Secretary.                                                rule change is available on the                         in all penny and non-penny equity,
                                                    [FR Doc. 2016–22028 Filed 9–13–16; 8:45 am]               Exchange’s Web site (http://                            index (excluding Underlying Symbol
                                                    BILLING CODE 8011–01–P                                    www.cboe.com/AboutCBOE/                                 List A), ETF and ETN options classes to
                                                                                                              CBOELegalRegulatoryHome.aspx), at                       $0.00 per contract. Currently,
                                                                                                              the Exchange’s Office of the Secretary,                 Professionals are assessed $0.25 per
                                                                                                                                                                      contract for manual executions in those
                                                                                                                1 15   U.S.C. 78s(b)(1).
                                                      15 17   CFR 200.30–3(a)(12).                              2 17   CFR 240.19b–4.                                   3 See   CBOE Fees Schedule, Footnote 34.



                                               VerDate Sep<11>2014     20:55 Sep 13, 2016   Jkt 238001   PO 00000   Frm 00078     Fmt 4703   Sfmt 4703   E:\FR\FM\14SEN1.SGM    14SEN1



Document Created: 2016-09-14 02:27:09
Document Modified: 2016-09-14 02:27:09
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 63241 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR