81_FR_82051 81 FR 81828 - Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Fees for Use of Bats EDGX Exchange, Inc.

81 FR 81828 - Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Fees for Use of Bats EDGX Exchange, Inc.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 223 (November 18, 2016)

Page Range81828-81830
FR Document2016-27744

Federal Register, Volume 81 Issue 223 (Friday, November 18, 2016)
[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Notices]
[Pages 81828-81830]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27744]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79306; File No. SR-BatsEDGX-2016-63]


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

November 14, 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 November 1, 2016, Bats EDGX Exchange, Inc. (the ``Exchange'' or 
``EDGX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II 
and III below, which Items have been prepared by the Exchange. The 
Exchange has designated the proposed rule change as one establishing or 
changing a member due, fee, or other charge imposed by the Exchange 
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) 
thereunder,\4\ which renders the proposed rule change effective upon 
filing with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

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

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

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

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

1. Purpose
Fee Code Z
    The Exchange proposes to increase the fee for orders yielding fee 
code Z, which is yielded on orders routed to a non-exchange destination 
using ROUZ \6\ routing strategy, from $0.00100 to $0.00120 per share 
for securities priced at or above $1.00. The Exchange does not propose 
to amend the rate for orders yielding fee code Z in securities priced 
below $1.00.
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    \6\ See Exchange Rule 11.11(g)(3).
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Fee Code O
    The Exchange also proposes to amend footnote 5 of its Fee Schedule 
to increase the fee cap for orders yielding fee code O from $20,000 to 
$35,000 per month per Member. Fee code O is appended to orders that are 
touted to participate in the listing market's opening or re-opening 
cross and are charged a fee of $0.00100 per share for orders in 
securities priced at or above $1.00 and 0.30% of the transaction dollar 
value for securities priced below $1.00. When the Exchange routes to a 
listing exchange's opening cross, such as the Nasdaq Stock Market LLC 
(``Nasdaq''), the Exchange passes through the tier saving that Bats 
Trading, Inc. (``Bats Trading''), the Exchange's routing broker-dealer, 
achieves on an away exchange to its Members. This tier savings takes 
the form of a cap of Member's fees at $20,000 per month for using fee 
code O. The proposed increase in the fee cap under footnote 5 is in 
response to the September 2016 fee cap change by Nasdaq for orders that 
participate in their opening cross processes.\7\ Nasdaq's September 
2016 fee cap increase requires that members add, at a minimum, one 
million shares of liquidity to Nasdaq, on average per day, during the 
month to be eligible for its existing fee cap of $35,000 for orders 
that participate in the opening cross. When Bats Trading routes to 
Nasdaq's opening cross, it will now be subject to the increase fee cap 
and new tier requirement. The proposed increase to the fee cap under 
footnote 5 would enable the Exchange to equitably allocate its costs 
among all Members utilizing fee code O. Therefore, the Exchange 
proposes to amend footnote 5 to increase the fee cap for orders 
yielding fee code O from $20,000 to $35,000 per month per Member in 
response to Nasdaq's September 2016 increased fee cap and related 
requirements.
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    \7\ See Securities Exchange Act Release No. 78977 (September 29, 
2016), 81 FR 691140 [sic] (October 5, 2016) (SR-Nasdaq-2016-132) 
(increasing the fee cap for orders executed in its opening cross 
from $30,000 to $35,000).
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Implementation Date
    The Exchange proposes to implement this amendment to its Fee 
Schedule November 1, 2016.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with

[[Page 81829]]

the objectives of Section 6 of the Act,\8\ in general, and furthers the 
objectives of Section 6(b)(4),\9\ 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(4).
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Fee Code Z
    The Exchange believes that its proposal to increase the fee for 
orders routed to a non-exchange destination that yield fee code Z 
represents an equitable allocation of reasonable dues, fees, and other 
charges among Members and other person using its facilities in that 
they are designed in part to cover the costs of routing. While Members 
that route to a non-exchange destination using ROUZ routing strategy 
will be paying higher fees due to the proposal, the increased revenue 
received by the Exchange will be used to fund the Exchange generally, 
including the cost of maintaining and improving the technology used to 
handle and route orders from the Exchange as well as programs that the 
Exchange believes help to attract additional liquidity and thus improve 
the depth of liquidity available on the Exchange. Accordingly, although 
the cost of routing is increasing, the Exchange believes that the 
increase is a modest increase and that higher routing fees will benefit 
Members in other ways. Furthermore, the Exchange notes that routing 
through the Exchange is voluntary. Lastly the Exchange also believes 
that the proposed amendment is non-discriminatory because it applies 
uniformly to all Members.
Fee Code O
    The Exchange believes that its proposal to amend footnote 5 to 
increase the fee cap for orders yielding fee code O from $20,000 to 
$35,000 per month per Member represents an equitable allocation of 
reasonable dues, fees, and other charges among Members and other 
persons using its facilities. The proposed increase in the fee cap 
under footnote 5 is in response to September 2016 fee cap increase by 
Nasdaq for orders that participate in their opening cross process. 
Prior to Nasdaq's September 2016 fee cap increase, Nasdaq capped Bats 
Trading monthly fees for participating in it's opening cross at 
$30,000. Nasdaq capped Bats Trading monthly fees for participating in 
its opining cross at $30,000. Nasdaq has now increased that cap to 
$35,000.\10\ The proposed increase to the fee cap under footnote 5 
would enable the Exchange to equitably allocate its costs among all 
Member who utilize fee code O. Therefore, the Exchange believes that 
the proposed change to footnote 5 is equitable and reasonable because 
it accounts for the increased Nasdaq fee cap, which enables the 
Exchange to apply to its Member similar fee caps. The Exchange notes 
that routing though Bats Trading is voluntary and believes that the 
proposed change is non-discriminatory because it applies uniformly to 
all Members.
---------------------------------------------------------------------------

    \10\ See supra note 7.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    This proposed rule change does not 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 this change represents a 
significant departure from previous pricing offered by the Exchange or 
from 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 changes will impair the ability of 
Members or competing venues to maintain their competitive standing in 
the financial markets. The Exchange believes that its proposal would 
not burden intramarket competition because the proposed rates would 
apply uniformly to all Members.

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 \11\ and paragraph (f) of Rule 19b-4 
thereunder.\12\ 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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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-BatsEDGX-2016-63 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BatsEDGX-2016-63. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-BatsEDGX-2016-63, and should 
be submitted on or before December 9, 2016.


[[Page 81830]]


    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-27744 Filed 11-17-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                  81828                       Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices

                                                  post all comments on the Commission’s                   by the Exchange. The Exchange has                     yielding fee code Z in securities priced
                                                  Internet Web site (http://www.sec.gov/                  designated the proposed rule change as                below $1.00.
                                                  rules/sro.shtml). Copies of the                         one establishing or changing a member
                                                                                                                                                                Fee Code O
                                                  submission, all subsequent                              due, fee, or other charge imposed by the
                                                  amendments, all written statements                      Exchange under Section 19(b)(3)(A)(ii)                   The Exchange also proposes to amend
                                                  with respect to the proposed rule                       of the Act 3 and Rule 19b–4(f)(2)                     footnote 5 of its Fee Schedule to
                                                  change that are filed with the                          thereunder,4 which renders the                        increase the fee cap for orders yielding
                                                  Commission, and all written                             proposed rule change effective upon                   fee code O from $20,000 to $35,000 per
                                                  communications relating to the                          filing with the Commission. The                       month per Member. Fee code O is
                                                  proposed rule change between the                        Commission is publishing this notice to               appended to orders that are touted to
                                                  Commission and any person, other than                   solicit comments on the proposed rule                 participate in the listing market’s
                                                  those that may be withheld from the                     change from interested persons.                       opening or re-opening cross and are
                                                  public in accordance with the                                                                                 charged a fee of $0.00100 per share for
                                                  provisions of 5 U.S.C. 552, will be                     I. Self-Regulatory Organization’s                     orders in securities priced at or above
                                                  available for Web site viewing and                      Statement of the Terms of Substance of                $1.00 and 0.30% of the transaction
                                                  printing in the Commission’s Public                     the Proposed Rule Change                              dollar value for securities priced below
                                                  Reference Room, 100 F Street NE.,                          The Exchange filed a proposal to                   $1.00. When the Exchange routes to a
                                                  Washington, DC 20549 on official                        amend the fee schedule applicable to                  listing exchange’s opening cross, such
                                                  business days between the hours of                      Members 5 and non-members of the                      as the Nasdaq Stock Market LLC
                                                  10:00 a.m. and 3:00 p.m. Copies of the                  Exchange pursuant to EDGA Rules                       (‘‘Nasdaq’’), the Exchange passes
                                                  filing also will be available for                       15.1(a) and (c).                                      through the tier saving that Bats
                                                  inspection and copying at the principal                                                                       Trading, Inc. (‘‘Bats Trading’’), the
                                                  office of DTC and on DTCC’s Web site                       The text of the proposed rule change               Exchange’s routing broker-dealer,
                                                  (http://dtcc.com/legal/sec-rule-                        is available at the Exchange’s Web site               achieves on an away exchange to its
                                                  filings.aspx). All comments received                    at www.batstrading.com, at the                        Members. This tier savings takes the
                                                  will be posted without change; the                      principal office of the Exchange, and at              form of a cap of Member’s fees at
                                                  Commission does not edit personal                       the Commission’s Public Reference                     $20,000 per month for using fee code O.
                                                  identifying information from                            Room.                                                 The proposed increase in the fee cap
                                                  submissions. You should submit only                     II. Self-Regulatory Organization’s                    under footnote 5 is in response to the
                                                  information that you wish to make                       Statement of the Purpose of, and                      September 2016 fee cap change by
                                                  available publicly. All submissions                     Statutory Basis for, the Proposed Rule                Nasdaq for orders that participate in
                                                  should refer to File Number SR–DTC–                     Change                                                their opening cross processes.7 Nasdaq’s
                                                  2016–013 and should be submitted on                                                                           September 2016 fee cap increase
                                                  or before December 9, 2016.                               In its filing with the Commission, the              requires that members add, at a
                                                    For the Commission, by the Division of                Exchange included statements                          minimum, one million shares of
                                                  Trading and Markets, pursuant to delegated              concerning the purpose of and basis for               liquidity to Nasdaq, on average per day,
                                                  authority.26                                            the proposed rule change and discussed                during the month to be eligible for its
                                                  Brent J. Fields,                                        any comments it received on the                       existing fee cap of $35,000 for orders
                                                  Secretary.                                              proposed rule change. The text of these               that participate in the opening cross.
                                                  [FR Doc. 2016–27742 Filed 11–17–16; 8:45 am]            statements may be examined at the                     When Bats Trading routes to Nasdaq’s
                                                  BILLING CODE 8011–01–P                                  places specified in Item IV below. The                opening cross, it will now be subject to
                                                                                                          Exchange has prepared summaries, set                  the increase fee cap and new tier
                                                                                                          forth in Sections A, B, and C below, of               requirement. The proposed increase to
                                                  SECURITIES AND EXCHANGE                                 the most significant parts of such                    the fee cap under footnote 5 would
                                                  COMMISSION                                              statements.                                           enable the Exchange to equitably
                                                  [Release No. 34–79306; File No. SR–                     A. Self-Regulatory Organization’s                     allocate its costs among all Members
                                                  BatsEDGX–2016–63]                                       Statement of the Purpose of, and the                  utilizing fee code O. Therefore, the
                                                                                                          Statutory Basis for, the Proposed Rule                Exchange proposes to amend footnote 5
                                                  Self-Regulatory Organizations; Bats                     Change                                                to increase the fee cap for orders
                                                  EDGX Exchange, Inc.; Notice of Filing                                                                         yielding fee code O from $20,000 to
                                                  and Immediate Effectiveness of a                        1. Purpose                                            $35,000 per month per Member in
                                                  Proposed Rule Change to Fees for Use                    Fee Code Z                                            response to Nasdaq’s September 2016
                                                  of Bats EDGX Exchange, Inc.                                                                                   increased fee cap and related
                                                                                                             The Exchange proposes to increase                  requirements.
                                                  November 14, 2016.
                                                                                                          the fee for orders yielding fee code Z,
                                                     Pursuant to Section 19(b)(1) of the                                                                        Implementation Date
                                                                                                          which is yielded on orders routed to a
                                                  Securities Exchange Act of 1934 (the                                                                            The Exchange proposes to implement
                                                                                                          non-exchange destination using ROUZ 6
                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                        this amendment to its Fee Schedule
                                                                                                          routing strategy, from $0.00100 to
                                                  notice is hereby given that on November
                                                                                                          $0.00120 per share for securities priced              November 1, 2016.
                                                  1, 2016, Bats EDGX Exchange, Inc. (the
                                                                                                          at or above $1.00. The Exchange does                  2. Statutory Basis
                                                  ‘‘Exchange’’ or ‘‘EDGX’’) filed with the
                                                                                                          not propose to amend the rate for orders
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Securities and Exchange Commission                                                                              The Exchange believes that the
                                                  (‘‘Commission’’) the proposed rule                                                                            proposed rule change is consistent with
                                                                                                            3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                  change as described in Items I, II and III                4 17 CFR 240.19b–4(f)(2).
                                                  below, which Items have been prepared                     5 The term ‘‘Member’’ is defined as ‘‘any              7 See Securities Exchange Act Release No. 78977
                                                                                                          registered broker or dealer that has been admitted    (September 29, 2016), 81 FR 691140 [sic] (October
                                                    26 17 CFR 200.30–3(a)(12).                            to membership in the Exchange.’’ See Exchange         5, 2016) (SR–Nasdaq–2016–132) (increasing the fee
                                                    1 15 U.S.C. 78s(b)(1).                                Rule 1.5(n).                                          cap for orders executed in its opening cross from
                                                    2 17 CFR 240.19b–4.                                     6 See Exchange Rule 11.11(g)(3).                    $30,000 to $35,000).



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                                                                               Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices                                               81829

                                                  the objectives of Section 6 of the Act,8                 under footnote 5 would enable the                         investors, or otherwise in furtherance of
                                                  in general, and furthers the objectives of               Exchange to equitably allocate its costs                  the purposes of the Act.
                                                  Section 6(b)(4),9 in particular, as it is                among all Member who utilize fee code
                                                  designed to provide for the equitable                    O. Therefore, the Exchange believes that                  IV. Solicitation of Comments
                                                  allocation of reasonable dues, fees and                  the proposed change to footnote 5 is                        Interested persons are invited to
                                                  other charges among its Members and                      equitable and reasonable because it                       submit written data, views, and
                                                  other persons using its facilities.                      accounts for the increased Nasdaq fee                     arguments concerning the foregoing,
                                                  Fee Code Z                                               cap, which enables the Exchange to                        including whether the proposed rule
                                                                                                           apply to its Member similar fee caps.                     change is consistent with the Act.
                                                     The Exchange believes that its                        The Exchange notes that routing though
                                                  proposal to increase the fee for orders                                                                            Comments may be submitted by any of
                                                                                                           Bats Trading is voluntary and believes                    the following methods:
                                                  routed to a non-exchange destination                     that the proposed change is non-
                                                  that yield fee code Z represents an                      discriminatory because it applies                         Electronic Comments
                                                  equitable allocation of reasonable dues,                 uniformly to all Members.
                                                  fees, and other charges among Members                                                                                • Use the Commission’s Internet
                                                  and other person using its facilities in                 B. Self-Regulatory Organization’s                         comment form (http://www.sec.gov/
                                                  that they are designed in part to cover                  Statement on Burden on Competition                        rules/sro.shtml); or
                                                  the costs of routing. While Members that
                                                                                                              This proposed rule change does not                       • Send an email to rule-comments@
                                                  route to a non-exchange destination
                                                  using ROUZ routing strategy will be                      impose any burden on competition that                     sec.gov. Please include File Number SR–
                                                  paying higher fees due to the proposal,                  is not necessary or appropriate in                        BatsEDGX–2016–63 on the subject line.
                                                  the increased revenue received by the                    furtherance of the purposes of the Act.                   Paper Comments
                                                  Exchange will be used to fund the                        The Exchange does not believe that this
                                                  Exchange generally, including the cost                   change represents a significant                             • Send paper comments in triplicate
                                                  of maintaining and improving the                         departure from previous pricing offered                   to Secretary, Securities and Exchange
                                                  technology used to handle and route                      by the Exchange or from pricing offered                   Commission, 100 F Street NE.,
                                                  orders from the Exchange as well as                      by the Exchange’s competitors.                            Washington, DC 20549–1090.
                                                  programs that the Exchange believes                      Additionally, Members may opt to
                                                                                                           disfavor the Exchange’s pricing if they                   All submissions should refer to File
                                                  help to attract additional liquidity and
                                                                                                           believe that alternatives offer them                      Number SR–BatsEDGX–2016–63. This
                                                  thus improve the depth of liquidity
                                                  available on the Exchange. Accordingly,                  better value. Accordingly, the Exchange                   file number should be included on the
                                                  although the cost of routing is                          does not believe that the proposed                        subject line if email is used. To help the
                                                  increasing, the Exchange believes that                   changes will impair the ability of                        Commission process and review your
                                                  the increase is a modest increase and                    Members or competing venues to                            comments more efficiently, please use
                                                  that higher routing fees will benefit                    maintain their competitive standing in                    only one method. The Commission will
                                                  Members in other ways. Furthermore,                      the financial markets. The Exchange                       post all comments on the Commission’s
                                                  the Exchange notes that routing through                  believes that its proposal would not                      Internet Web site (http://www.sec.gov/
                                                  the Exchange is voluntary. Lastly the                    burden intramarket competition because                    rules/sro.shtml). Copies of the
                                                  Exchange also believes that the                          the proposed rates would apply                            submission, all subsequent
                                                  proposed amendment is non-                               uniformly to all Members.                                 amendments, all written statements
                                                  discriminatory because it applies                                                                                  with respect to the proposed rule
                                                                                                           C. Self-Regulatory Organization’s                         change that are filed with the
                                                  uniformly to all Members.
                                                                                                           Statement on Comments on the                              Commission, and all written
                                                  Fee Code O                                               Proposed Rule Change Received From                        communications relating to the
                                                     The Exchange believes that its                        Members, Participants, or Others                          proposed rule change between the
                                                  proposal to amend footnote 5 to increase                   The Exchange has not solicited, and                     Commission and any person, other than
                                                  the fee cap for orders yielding fee code                 does not intend to solicit, comments on                   those that may be withheld from the
                                                  O from $20,000 to $35,000 per month                      this proposed rule change. The                            public in accordance with the
                                                  per Member represents an equitable                       Exchange has not received any written                     provisions of 5 U.S.C. 552, will be
                                                  allocation of reasonable dues, fees, and                 comments from members or other                            available for Web site viewing and
                                                  other charges among Members and other                    interested parties.                                       printing in the Commission’s Public
                                                  persons using its facilities. The                                                                                  Reference Room, 100 F Street NE.,
                                                  proposed increase in the fee cap under                   III. Date of Effectiveness of the                         Washington, DC 20549, on official
                                                  footnote 5 is in response to September                   Proposed Rule Change and Timing for                       business days between the hours of
                                                  2016 fee cap increase by Nasdaq for                      Commission Action                                         10:00 a.m. and 3:00 p.m. Copies of the
                                                  orders that participate in their opening                                                                           filing also will be available for
                                                  cross process. Prior to Nasdaq’s                            The foregoing rule change has become
                                                                                                           effective pursuant to Section 19(b)(3)(A)                 inspection and copying at the principal
                                                  September 2016 fee cap increase,                                                                                   office of the Exchange. All comments
                                                  Nasdaq capped Bats Trading monthly                       of the Act 11 and paragraph (f) of Rule
                                                                                                           19b–4 thereunder.12 At any time within                    received will be posted without change;
                                                  fees for participating in it’s opening                                                                             the Commission does not edit personal
                                                  cross at $30,000. Nasdaq capped Bats                     60 days of the filing of the proposed rule
                                                                                                           change, the Commission summarily may                      identifying information from
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Trading monthly fees for participating                                                                             submissions. You should submit only
                                                  in its opining cross at $30,000. Nasdaq                  temporarily suspend such rule change if
                                                                                                           it appears to the Commission that such                    information that you wish to make
                                                  has now increased that cap to $35,000.10
                                                                                                           action is necessary or appropriate in the                 available publicly. All submissions
                                                  The proposed increase to the fee cap
                                                                                                           public interest, for the protection of                    should refer to File Number SR–
                                                    8 15 U.S.C. 78f.
                                                                                                                                                                     BatsEDGX–2016–63, and should be
                                                    9 15 U.S.C. 78f(b)(4).                                   11 15   U.S.C. 78s(b)(3)(A).                            submitted on or before December 9,
                                                    10 See supra note 7.                                     12 17   CFR 240.19b–4(f).                               2016.


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                                                  81830                       Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices

                                                    For the Commission, by the Division of                II. Clearing Agency’s Statement of the                    accessible to any Matching Utility that
                                                  Trading and Markets, pursuant to delegated              Purpose of, and Statutory Basis for, the                  satisfies the connection requirements.
                                                  authority.13                                            Proposed Rule Change                                         The Commission recently approved
                                                  Brent J. Fields,                                                                                                  two applications by two separate
                                                                                                            In its filing with the Commission, the                  entities, for exemption from registration
                                                  Secretary.
                                                                                                          clearing agency included statements                       as a Clearing Agency to provide post-
                                                  [FR Doc. 2016–27744 Filed 11–17–16; 8:45 am]
                                                                                                          concerning the purpose of and basis for                   trade matching services for fixed income
                                                  BILLING CODE 8011–01–P
                                                                                                          the proposed rule change and discussed                    and equity trades (‘‘Approved
                                                                                                          any comments it received on the                           Exemptions’’).11 According to the
                                                                                                          proposed rule change. The text of these                   Commission’s notice of the Approved
                                                  SECURITIES AND EXCHANGE
                                                                                                          statements may be examined at the                         Exemptions, these entities each
                                                  COMMISSION
                                                                                                          places specified in Item IV below. The                    indicated an intention to offer matching
                                                                                                          clearing agency has prepared                              services that connect to DTC for
                                                  [Release No. 34–79297; File No. SR–DTC–                 summaries, set forth in sections A, B,                    settlement.12
                                                  2016–012]                                               and C below, of the most significant                         DTC proposes to revise the Guide to
                                                                                                          aspects of such statements.                               generalize references to Matching
                                                  Self-Regulatory Organizations; The                                                                                Utilities and make other changes, as set
                                                  Depository Trust Company; Notice of                     (A) Clearing Agency’s Statement of the                    forth below.
                                                  Filing and Immediate Effectiveness of                   Purpose of, and Statutory Basis for, the                     First, DTC would replace specific
                                                  a Proposed Rule Change To Modify the                    Proposed Rule Change                                      references to Omgeo in sections
                                                  DTC Settlement Service Guide With                                                                                 describing procedures for the ID Net
                                                                                                          1. Purpose
                                                  Respect to Settlement Instructions                                                                                Service (‘‘ID Net’’) and Shareholder
                                                  Provided to DTC by Matching Utilities                      DTC may accept eligible affirmed                       Tracking Service to refer to a ‘‘Matching
                                                                                                          institutional transactions (‘‘Institutional               Utility’’ and delete provisions
                                                  November 14, 2016.
                                                                                                          Transactions’’) 7 from an entity                          referencing to Omgeo by name.13
                                                     Pursuant to Section 19(b)(1) of the                  providing a matching service 8                               Second, text in the ID Net section of
                                                  Securities Exchange Act of 1934                         (‘‘Matching Utility’’) that is (i) a clearing             the Guide regarding DTC’s acceptance of
                                                  (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                 agency registered pursuant to Section                     affirmed institutional transactions from
                                                  notice is hereby given that on November                 17A of the Act, (ii) an entity that has                   Matching Utilities would be moved to a
                                                  3, 2016, The Depository Trust Company                   obtained an exemption from such                           new section describing Affirmed
                                                  (‘‘DTC’’) filed with the Securities and                 registration from the Commission, or                      Transactions more generally. The
                                                  Exchange Commission (‘‘Commission’’)                    (iii) a ‘‘qualified vendor’’ for trade                    proposed new section would
                                                  the proposed rule change as described                   confirmation/affirmation services as                      incorporate the definition of Affirmed
                                                  in Items I, II and III below, which Items               defined by the rules of a self-regulatory                 Transactions, and expressly state DTC’s
                                                  have been prepared by the clearing                      organization.9 In addition, a Matching                    current requirement that in order for a
                                                  agency. DTC filed the proposed rule                     Utility must establish a connection to                    Matching Utility to establish and
                                                  change pursuant to Section 19(b)(3)(A) 3                DTC in accordance with DTC’s                              maintain a connection with DTC the
                                                  of the Act and Rule 19b–4(f)(4) 4                       reasonable requirements in order to be                    Matching Utility must be able to balance
                                                                                                          able to submit Affirmed Transactions.                     with DTC in an automated way 14 and
                                                  thereunder. The proposed rule change
                                                  was effective upon filing with the                         Currently, Omgeo Global Joint                             11 Securities Exchange Act Release No. 76514
                                                  Commission. The Commission is                           Venture Matching Services—US, LLC                         (November 24, 2015), 80 FR 75387 (December 1,
                                                  publishing this notice to solicit                       (hereinafter ‘‘Omgeo’’) 10 is the only                    2015) (600–33, 600–34) (Bloomberg STP LLC; SS&C
                                                  comments on the proposed rule change                    Matching Utility that has established a                   Technologies, Inc.; Order of the Commission
                                                                                                                                                                    Approving Applications for an Exemption from
                                                  from interested persons.                                connection with DTC. This is reflected                    Registration as a Clearing Agency; Notice).
                                                                                                          in the text of the Guide which contains                      12 Id.
                                                  I. Clearing Agency’s Statement of the
                                                                                                          specific references to Omgeo with                            13 In this regard, the term Matching Utility would
                                                  Terms of Substance of the Proposed                      respect to DTC functions that are                         be defined in the Guide reflecting the definition
                                                  Rule Change                                                                                                       provided above in this Form 19b–4. The
                                                                                                                                                                    Commission notes that Form 19b–4 is attached to
                                                                                                             7 An Institutional Transaction is a securities
                                                    The proposed rule change by DTC                                                                                 the filing, not to this Notice. The definition of
                                                                                                          transaction between a broker-dealer and its               Affirming Agency which appears in the ID Net
                                                  would make technical and clarifying                     institutional customer (e.g., sell-side firms, buy-side   section of the Guide and is the functional
                                                  changes to text in the DTC Settlement                   institutions, and custodians).                            equivalent of the definition of Matching Utility as
                                                  Service Guide (‘‘Guide’’) 5 with respect                   8 A matching service is an electronic service by
                                                                                                                                                                    it relates to ID Net would be removed. Consistent
                                                  to settlement instructions provided to                  which an intermediary matches (i.e., reconciles)          with this change, references in the Guide to the
                                                                                                          trade information from the counterparties to an           term Affirming Agency would be replaced to use
                                                  DTC by Matching Utilities (as defined                   Institutional Transaction, to generate an affirmed        the term Matching Utility.
                                                  below) on behalf of Participants.6                      transaction (‘‘Affirmed Transaction’’) which is then         14 For each Matching Utility interfacing with
                                                                                                          used to provide settlement instructions for the           DTC, DTC would require the Matching Utility to
                                                    13 17                                                 Affirmed Transactions to the central securities           deliver a daily message on each business day
                                                          CFR 200.30–3(a)(12).
                                                    1 15
                                                                                                          depository, such as DTC, at which the Affirmed            shortly after noon from the Matching Utility with
                                                         U.S.C. 78s(b)(1).                                Transaction settles.
                                                    2 17 CFR 240.19b–4.                                                                                             their accepted item counts of institutional delivery
                                                                                                             9 See Securities Exchange Act Release No. 39829
                                                    3 15 U.S.C. 78s(b)(3)(A).
                                                                                                                                                                    and ID Net (defined below) transaction totals for
                                                                                                          (April 6, 1998), 63 FR 17943 (April 13, 1998) at          Settlement Date minus one transactions. DTC’s
mstockstill on DSK3G9T082PROD with NOTICES




                                                    4 17 CFR 240.19b–4(f)(4).
                                                                                                          17946 (providing interpretive guidance on types of        system would compare the totals from the Matching
                                                    5 Available at http://www.dtcc.com/∼/media/           entities that may provide a matching service).            Utility to its accepted item counts. If the totals
                                                  Files/Downloads/legal/service-guides/                      10 See [sic] Securities Exchange Act Release No.       match, an ‘‘acknowledged balance’’ balance file
                                                  Settlement.pdf.                                         44188 (April 17, 2001), 66 FR 20494 (April 23,            would be sent to the Matching Utility. If the totals
                                                    6 Capitalized Terms not otherwise defined herein      2001) (600–31) for the order of the Commission            do not match, DTC would respond with the list of
                                                  have the meaning set forth in the DTC Rules, By-        granting Omgeo an exemption from registration as          Settlement Date minus one control numbers
                                                  laws and Organization Certificate (‘‘DTC Rules’’),      a clearing agency. Omgeo is a global provider of          received from the Matching Utility, along with their
                                                  available at http://www.dtcc.com/legal/rules-and-       post-trade, pre-settlement processing services for        respective transaction types for the originating
                                                  procedures.aspx, and the Guide, supra note 5.           the institutional market.                                 Matching Utility to compare.



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Document Created: 2018-02-14 08:31:57
Document Modified: 2018-02-14 08:31:57
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 81828 

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