81_FR_88514 81 FR 88279 - Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Pilot Period for the Retail Price Improvement Program Until December 1, 2017

81 FR 88279 - Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Pilot Period for the Retail Price Improvement Program Until December 1, 2017

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 235 (December 7, 2016)

Page Range88279-88281
FR Document2016-29291

Federal Register, Volume 81 Issue 235 (Wednesday, December 7, 2016)
[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)]
[Notices]
[Pages 88279-88281]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29291]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79446; File No. SR-BX-2016-065]


Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing 
and Immediate Effectiveness of a Proposed Rule Change To Extend the 
Pilot Period for the Retail Price Improvement Program Until December 1, 
2017

December 1, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on November 29, 2016, NASDAQ BX, Inc. (``BX'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``SEC'' or ``Commission'') 
the proposed rule change as described in Items I and II below, which 
Items have been prepared by the Exchange. 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange seeks to extend the pilot period for the Exchange's 
Retail Price Improvement (``RPI'') Program (the ``Program''), which is 
set to expire on December 1, 2016, for a period of one year, to expire 
on December 1, 2017.
    The Exchange has designated December 1, 2016 as the date the 
proposed rule change becomes effective.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqomxbx.cchwallstreet.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 aspects of such 
statements.

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

1. Purpose
    The purpose of this filing is to extend the pilot period of the RPI 
Program,\3\ currently scheduled to expire on December 1, 2016 for an 
additional year, until December 1, 2017.
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    \3\ Securities Exchange Act Release No. 73702 (November 28, 
2014), 79 FR 72049 (December 4, 2014) (``RPI Approval Order'') (SR-
BX-2014-048).
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Background
    In November 2014, the Commission approved the RPI Program on a 
pilot basis.\4\ The Program is designed to attract retail order flow to 
the Exchange, and allow such order flow to receive potential price 
improvement. The Program is currently limited to trades occurring at 
prices equal to or greater than $1.00 per share. Under the Program, a 
new class of market participant called a Retail Member Organization 
(``RMO'') is eligible to submit certain retail order flow (``Retail 
Orders'') \5\ to the Exchange. BX members (``Members'') are permitted 
to provide potential price improvement for Retail Orders in the form of 
non-displayed interest that is priced more aggressively than the 
Protected National Best Bid or Offer (``Protected NBBO'').\6\
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    \4\ See id.
    \5\ A ``Retail Order'' is defined in BX Rule 4780(a)(2) by 
referencing BX Rule 4702, and BX Rule 4702(b)(6) says it is an order 
type with a non-display order attribute submitted to the Exchange by 
a RMO. A Retail Order must be an agency order, or riskless principal 
order that satisfies the criteria of FINRA Rule 5320.03. The Retail 
Order must reflect trading interest of a natural person with no 
change made to the terms of the underlying order of the natural 
person with respect to price (except in the case of a market order 
that is changed to a marketable limit order) or side of market and 
that does not originate from a trading algorithm or any other 
computerized methodology.
    \6\ The term Protected Quotation is defined in Chapter XII, Sec. 
1(19) and has the same meaning as is set forth in Regulation NMS 
Rule 600(b)(58). The Protected NBBO is the best-priced protected bid 
and offer. Generally, the Protected NBBO and the national best bid 
and offer (``NBBO'') will be the same. However, a market center is 
not required to route to the NBBO if that market center is subject 
to an exception under Regulation NMS Rule 611(b)(1) or if such NBBO 
is otherwise not available for an automatic execution. In such case, 
the Protected NBBO would be the best-priced protected bid or offer 
to which a market center must route interest pursuant to Regulation 
NMS Rule 611.
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    The Program was approved by the Commission on a pilot basis running 
one-year from the date of implementation.\7\ The Commission approved 
the Program on November 28, 2014.\8\ The Exchange implemented the

[[Page 88280]]

Program on December 1, 2014 and the pilot has since been extended for a 
year with it now scheduled to end on December 1, 2016.\9\
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    \7\ See RPI Approval Order, supra note 3 at 72053.
    \8\ Id. at 72049.
    \9\ See Securities Exchange Act Release No. 76490 (November 20, 
2015), 80 FR 74165 (November 27, 2015) (SR-BX-2015-073).
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Proposal To Extend the Operation of the Program
    The Exchange established the RPI Program in an attempt to attract 
retail order flow to the Exchange by potentially providing price 
improvement to such order flow. The Exchange believes that the Program 
promotes competition for retail order flow by allowing Exchange members 
to submit Retail Price Improvement Orders (``RPI Orders'') \10\ to 
interact with Retail Orders. Such competition has the ability to 
promote efficiency by facilitating the price discovery process and 
generating additional investor interest in trading securities, thereby 
promoting capital formation. The Exchange believes that extending the 
pilot is appropriate because it will allow the Exchange and the 
Commission additional time to analyze data regarding the Program that 
the Exchange has committed to provide.\11\ As such, the Exchange 
believes that it is appropriate to extend the current operation of the 
Program.\12\ Through this filing, the Exchange seeks to extend the 
current pilot period of the Program until December 1, 2017.
---------------------------------------------------------------------------

    \10\ A Retail Price Improvement Order is defined in BX Rule 
4780(a)(3) by referencing BX Rule 4702 and BX Rule 4702(b)(5) says 
that it is as an order type with a non-display order attribute that 
is held on the Exchange Book in order to provide liquidity at a 
price at least $0.001 better than the NBBO through a special 
execution process described in Rule 4780.
    \11\ See RPI Approval Order, supra note 3 at 72051.
    \12\ Concurrently with this filing, the Exchange has submitted a 
request for an extension of the exemption under Regulation NMS Rule 
612 previously granted by the Commission that permits it to accept 
and rank the RPI orders in sub-penny increments. See Letter from 
Jeffrey S. Davis, Vice President and Deputy General Counsel and 
Secretary, NASDAQ BX, Inc. to Brent J. Fields, Secretary, Securities 
and Exchange Commission dated November 22, 2016.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6 of the Act,\13\ in general, and with 
Section 6(b)(5) of the Act,\14\ in particular, in that it is designed 
to promote just and equitable principles of trade, to remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system, and, in general to protect investors and the 
public interest.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that extending the pilot period for the RPI 
Program is consistent with these principles because the Program is 
reasonably designed to attract retail order flow to the exchange 
environment, while helping to ensure that retail investors benefit from 
the better price that liquidity providers are willing to give their 
orders. Additionally, as previously stated, the competition promoted by 
the Program may facilitate the price discovery process and potentially 
generate additional investor interest in trading securities. The 
extension of the pilot period will allow the Commission and the 
Exchange to continue to monitor the Program for its potential effects 
on public price discovery, and on the broader market structure.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act, as amended. The 
proposed rule change extends an established pilot program for one year, 
thus allowing the RPI Program to enhance competition for retail order 
flow and contribute to the public price discovery process.

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

    No written comments were either solicited or received.

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 \15\ and Rule 19b-4(f)(6) \16\ thereunder 
because the proposal does not: (i) Significantly affect the protection 
of investors or the public interest; (ii) impose any significant burden 
on competition; and (iii) by its terms, become operative for 30 days 
from the date on which it was filed, or such shorter time as the 
Commission may designate if consistent with the protection of investors 
and the public interest.\17\
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to 
give the Commission written notice of the Exchange's intent to file 
the proposed rule change, along with a brief description and text of 
the proposed rule change, at least five business days prior to the 
date of filing of the proposed rule change, or such shorter time as 
designated by the Commission. The Exchange has satisfied this 
requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) normally may 
not become operative prior to 30 days after the date of filing. 
However, Rule 19b-4(f)(6)(iii) \18\ permits the Commission to designate 
a shorter time if such action is consistent with the protection of 
investors and the public interest. The Exchange has requested that the 
Commission waive the 30-day operative delay period. The Exchange states 
that waiving the operative delay would allow the pilot period to 
continue uninterrupted, which the Exchange argues would be beneficial 
to market participants and would help to eliminate the potential for 
investor confusion.
---------------------------------------------------------------------------

    \18\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Commission believes that waiver of the 30-day operative delay 
period is consistent with the protection of investors and the public 
interest. Specifically, the Commission believes that the proposal would 
allow the RPI Program to continue uninterrupted and to provide 
additional time for data about the program to be generated and 
analyzed. For these reasons, the Commission believes that waiving the 
30-day operative delay is consistent with the protection of investors 
and the public interest, and designates the proposed rule change to be 
operative upon filing with the Commission.\19\
---------------------------------------------------------------------------

    \19\ For purposes only of waiving the operative delay for this 
proposal, the Commission has considered the proposed rule's impact 
on efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    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.\20\
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    \20\ 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

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-BX-2016-065 on the subject line.

[[Page 88281]]

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-BX-2016-065. 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-BX-2016-065 and should be 
submitted on or before December 28, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12), (59).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-29291 Filed 12-6-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Notices                                                         88279

                                                    Commission, 100 F Street NE.,                             SECURITIES AND EXCHANGE                                 A. Self-Regulatory Organization’s
                                                    Washington, DC 20549–1090.                                COMMISSION                                              Statement of the Purpose of, and
                                                                                                                                                                      Statutory Basis for, the Proposed Rule
                                                    All submissions should refer to File                      [Release No. 34–79446; File No. SR–BX–                  Change
                                                    Number SR–BatsBZX–2016–78. This file                      2016–065]
                                                    number should be included on the                                                                                  1. Purpose
                                                    subject line if email is used. To help the                Self-Regulatory Organizations;                            The purpose of this filing is to extend
                                                    Commission process and review your                        NASDAQ BX, Inc.; Notice of Filing and                   the pilot period of the RPI Program,3
                                                    comments more efficiently, please use                     Immediate Effectiveness of a Proposed                   currently scheduled to expire on
                                                    only one method. The Commission will                      Rule Change To Extend the Pilot                         December 1, 2016 for an additional year,
                                                    post all comments on the Commission’s                     Period for the Retail Price                             until December 1, 2017.
                                                    Internet Web site (http://www.sec.gov/                    Improvement Program Until December
                                                    rules/sro.shtml). Copies of the                           1, 2017                                                 Background
                                                    submission, all subsequent                                December 1, 2016.                                          In November 2014, the Commission
                                                    amendments, all written statements                           Pursuant to Section 19(b)(1) of the                  approved the RPI Program on a pilot
                                                    with respect to the proposed rule                         Securities Exchange Act of 1934                         basis.4 The Program is designed to
                                                    change that are filed with the                            (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 attract retail order flow to the Exchange,
                                                    Commission, and all written                               notice is hereby given that on November                 and allow such order flow to receive
                                                    communications relating to the                            29, 2016, NASDAQ BX, Inc. (‘‘BX’’ or                    potential price improvement. The
                                                    proposed rule change between the                          ‘‘Exchange’’) filed with the Securities                 Program is currently limited to trades
                                                    Commission and any person, other than                     and Exchange Commission (‘‘SEC’’ or                     occurring at prices equal to or greater
                                                    those that may be withheld from the                       ‘‘Commission’’) the proposed rule                       than $1.00 per share. Under the
                                                    public in accordance with the                             change as described in Items I and II                   Program, a new class of market
                                                    provisions of 5 U.S.C. 552, will be                       below, which Items have been prepared                   participant called a Retail Member
                                                    available for Web site viewing and                        by the Exchange. The Commission is                      Organization (‘‘RMO’’) is eligible to
                                                    printing in the Commission’s Public                       publishing this notice to solicit                       submit certain retail order flow (‘‘Retail
                                                    Reference Room, 100 F Street NE.,                         comments on the proposed rule change                    Orders’’) 5 to the Exchange. BX members
                                                    Washington, DC 20549 on official                          from interested persons.                                (‘‘Members’’) are permitted to provide
                                                                                                                                                                      potential price improvement for Retail
                                                    business days between the hours of                        I. Self-Regulatory Organization’s                       Orders in the form of non-displayed
                                                    10:00 a.m. and 3:00 p.m. Copies of such                   Statement of the Terms of Substance of                  interest that is priced more aggressively
                                                    filing also will be available for                         the Proposed Rule Change                                than the Protected National Best Bid or
                                                    inspection and copying at the principal                                                                           Offer (‘‘Protected NBBO’’).6
                                                    office of the Exchange. All comments                         The Exchange seeks to extend the
                                                                                                              pilot period for the Exchange’s Retail                     The Program was approved by the
                                                    received will be posted without change;                                                                           Commission on a pilot basis running
                                                                                                              Price Improvement (‘‘RPI’’) Program (the
                                                    the Commission does not edit personal                                                                             one-year from the date of
                                                                                                              ‘‘Program’’), which is set to expire on
                                                    identifying information from                                                                                      implementation.7 The Commission
                                                                                                              December 1, 2016, for a period of one
                                                    submissions. You should submit only                       year, to expire on December 1, 2017.                    approved the Program on November 28,
                                                    information that you wish to make                            The Exchange has designated                          2014.8 The Exchange implemented the
                                                    available publicly. All submissions                       December 1, 2016 as the date the
                                                    should refer to File Number SR–                           proposed rule change becomes effective.                   3 Securities Exchange Act Release No. 73702

                                                    BatsBZX–2016–78, and should be                               The text of the proposed rule change                 (November 28, 2014), 79 FR 72049 (December 4,
                                                    submitted on or before December 28,                                                                               2014) (‘‘RPI Approval Order’’) (SR–BX–2014–048).
                                                                                                              is available on the Exchange’s Web site                   4 See id.
                                                    2016.                                                     at http://                                                5 A ‘‘Retail Order’’ is defined in BX Rule

                                                      For the Commission, by the Division of                  nasdaqomxbx.cchwallstreet.com, at the                   4780(a)(2) by referencing BX Rule 4702, and BX
                                                    Trading and Markets, pursuant to delegated                principal office of the Exchange, and at                Rule 4702(b)(6) says it is an order type with a non-
                                                                                                              the Commission’s Public Reference                       display order attribute submitted to the Exchange
                                                    authority.11
                                                                                                                                                                      by a RMO. A Retail Order must be an agency order,
                                                    Brent J. Fields,                                          Room.                                                   or riskless principal order that satisfies the criteria
                                                    Secretary.                                                II. Self-Regulatory Organization’s                      of FINRA Rule 5320.03. The Retail Order must
                                                                                                                                                                      reflect trading interest of a natural person with no
                                                    [FR Doc. 2016–29284 Filed 12–6–16; 8:45 am]               Statement of the Purpose of, and                        change made to the terms of the underlying order
                                                    BILLING CODE 8011–01–P
                                                                                                              Statutory Basis for, the Proposed Rule                  of the natural person with respect to price (except
                                                                                                              Change                                                  in the case of a market order that is changed to a
                                                                                                                                                                      marketable limit order) or side of market and that
                                                                                                                In its filing with the Commission, the                does not originate from a trading algorithm or any
                                                                                                              Exchange included statements                            other computerized methodology.
                                                                                                                                                                        6 The term Protected Quotation is defined in
                                                                                                              concerning the purpose of and basis for
                                                                                                                                                                      Chapter XII, Sec. 1(19) and has the same meaning
                                                                                                              the proposed rule change and discussed                  as is set forth in Regulation NMS Rule 600(b)(58).
                                                                                                              any comments it received on the                         The Protected NBBO is the best-priced protected
                                                                                                              proposed rule change. The text of these                 bid and offer. Generally, the Protected NBBO and
                                                                                                              statements may be examined at the                       the national best bid and offer (‘‘NBBO’’) will be the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                      same. However, a market center is not required to
                                                                                                              places specified in Item IV below. The                  route to the NBBO if that market center is subject
                                                                                                              Exchange has prepared summaries, set                    to an exception under Regulation NMS Rule
                                                                                                              forth in sections A, B, and C below, of                 611(b)(1) or if such NBBO is otherwise not available
                                                                                                              the most significant aspects of such                    for an automatic execution. In such case, the
                                                                                                                                                                      Protected NBBO would be the best-priced protected
                                                                                                              statements.                                             bid or offer to which a market center must route
                                                                                                                                                                      interest pursuant to Regulation NMS Rule 611.
                                                                                                                1 15   U.S.C. 78s(b)(1).                                7 See RPI Approval Order, supra note 3 at 72053.
                                                      11 17   CFR 200.30–3(a)(12).                              2 17   CFR 240.19b–4.                                   8 Id. at 72049.




                                               VerDate Sep<11>2014     17:54 Dec 06, 2016   Jkt 241001   PO 00000   Frm 00083     Fmt 4703   Sfmt 4703   E:\FR\FM\07DEN1.SGM   07DEN1


                                                    88280                     Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Notices

                                                    Program on December 1, 2014 and the                     general to protect investors and the                       A proposed rule change filed under
                                                    pilot has since been extended for a year                public interest.                                        Rule 19b–4(f)(6) normally may not
                                                    with it now scheduled to end on                            The Exchange believes that extending                 become operative prior to 30 days after
                                                    December 1, 2016.9                                      the pilot period for the RPI Program is                 the date of filing. However, Rule 19b–
                                                                                                            consistent with these principles because                4(f)(6)(iii) 18 permits the Commission to
                                                    Proposal To Extend the Operation of the                 the Program is reasonably designed to                   designate a shorter time if such action
                                                    Program                                                 attract retail order flow to the exchange               is consistent with the protection of
                                                                                                            environment, while helping to ensure                    investors and the public interest. The
                                                       The Exchange established the RPI
                                                                                                            that retail investors benefit from the                  Exchange has requested that the
                                                    Program in an attempt to attract retail
                                                                                                            better price that liquidity providers are               Commission waive the 30-day operative
                                                    order flow to the Exchange by
                                                                                                            willing to give their orders.                           delay period. The Exchange states that
                                                    potentially providing price
                                                                                                            Additionally, as previously stated, the                 waiving the operative delay would
                                                    improvement to such order flow. The                                                                             allow the pilot period to continue
                                                                                                            competition promoted by the Program
                                                    Exchange believes that the Program                                                                              uninterrupted, which the Exchange
                                                                                                            may facilitate the price discovery
                                                    promotes competition for retail order                                                                           argues would be beneficial to market
                                                                                                            process and potentially generate
                                                    flow by allowing Exchange members to                    additional investor interest in trading                 participants and would help to
                                                    submit Retail Price Improvement Orders                  securities. The extension of the pilot                  eliminate the potential for investor
                                                    (‘‘RPI Orders’’) 10 to interact with Retail             period will allow the Commission and                    confusion.
                                                    Orders. Such competition has the ability                the Exchange to continue to monitor the                    The Commission believes that waiver
                                                    to promote efficiency by facilitating the               Program for its potential effects on                    of the 30-day operative delay period is
                                                    price discovery process and generating                  public price discovery, and on the                      consistent with the protection of
                                                    additional investor interest in trading                 broader market structure.                               investors and the public interest.
                                                    securities, thereby promoting capital                                                                           Specifically, the Commission believes
                                                    formation. The Exchange believes that                   B. Self-Regulatory Organization’s                       that the proposal would allow the RPI
                                                    extending the pilot is appropriate                      Statement on Burden on Competition                      Program to continue uninterrupted and
                                                    because it will allow the Exchange and                     The Exchange does not believe that                   to provide additional time for data about
                                                    the Commission additional time to                       the proposed rule change will result in                 the program to be generated and
                                                    analyze data regarding the Program that                 any burden on competition that is not                   analyzed. For these reasons, the
                                                    the Exchange has committed to                           necessary or appropriate in furtherance                 Commission believes that waiving the
                                                    provide.11 As such, the Exchange                        of the purposes of the Act, as amended.                 30-day operative delay is consistent
                                                    believes that it is appropriate to extend               The proposed rule change extends an                     with the protection of investors and the
                                                    the current operation of the Program.12                 established pilot program for one year,                 public interest, and designates the
                                                    Through this filing, the Exchange seeks                 thus allowing the RPI Program to                        proposed rule change to be operative
                                                    to extend the current pilot period of the               enhance competition for retail order                    upon filing with the Commission.19
                                                    Program until December 1, 2017.                         flow and contribute to the public price                    At any time within 60 days of the
                                                                                                            discovery process.                                      filing of the proposed rule change, the
                                                    2. Statutory Basis                                                                                              Commission summarily may
                                                                                                            C. Self-Regulatory Organization’s                       temporarily suspend such rule change if
                                                      The Exchange believes that the                        Statement on Comments on the                            it appears to the Commission that such
                                                    proposed rule change is consistent with                 Proposed Rule Change Received From                      action is necessary or appropriate in the
                                                    the provisions of Section 6 of the Act,13               Members, Participants, or Others                        public interest, for the protection of
                                                    in general, and with Section 6(b)(5) of                                                                         investors, or otherwise in furtherance of
                                                                                                              No written comments were either
                                                    the Act,14 in particular, in that it is                                                                         the purposes of the Act.20
                                                                                                            solicited or received.
                                                    designed to promote just and equitable
                                                    principles of trade, to remove                          III. Date of Effectiveness of the                       IV. Solicitation of Comments
                                                    impediments to and perfect the                          Proposed Rule Change and Timing for                       Interested persons are invited to
                                                    mechanism of a free and open market                     Commission Action                                       submit written data, views, and
                                                    and a national market system, and, in                      The foregoing rule change has become                 arguments concerning the foregoing,
                                                                                                            effective pursuant to Section 19(b)(3)(A)               including whether the proposed rule
                                                       9 See Securities Exchange Act Release No. 76490
                                                                                                            of the Act 15 and Rule 19b–4(f)(6) 16                   change is consistent with the Act.
                                                    (November 20, 2015), 80 FR 74165 (November 27,
                                                                                                            thereunder because the proposal does                    Comments may be submitted by any of
                                                    2015) (SR–BX–2015–073).                                                                                         the following methods:
                                                       10 A Retail Price Improvement Order is defined in    not: (i) Significantly affect the
                                                    BX Rule 4780(a)(3) by referencing BX Rule 4702          protection of investors or the public                   Electronic Comments
                                                    and BX Rule 4702(b)(5) says that it is as an order      interest; (ii) impose any significant
                                                    type with a non-display order attribute that is held                                                              • Use the Commission’s Internet
                                                                                                            burden on competition; and (iii) by its
                                                    on the Exchange Book in order to provide liquidity                                                              comment form (http://www.sec.gov/
                                                    at a price at least $0.001 better than the NBBO         terms, become operative for 30 days
                                                                                                                                                                    rules/sro.shtml); or
                                                    through a special execution process described in        from the date on which it was filed, or                   • Send an email to rule-comments@
                                                    Rule 4780.                                              such shorter time as the Commission                     sec.gov. Please include File Number SR–
                                                       11 See RPI Approval Order, supra note 3 at 72051.
                                                                                                            may designate if consistent with the                    BX–2016–065 on the subject line.
                                                       12 Concurrently with this filing, the Exchange has
                                                                                                            protection of investors and the public
                                                    submitted a request for an extension of the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    exemption under Regulation NMS Rule 612                 interest.17                                             change, or such shorter time as designated by the
                                                    previously granted by the Commission that permits                                                               Commission. The Exchange has satisfied this
                                                    it to accept and rank the RPI orders in sub-penny         15 15 U.S.C. 78s(b)(3)(A).                            requirement.
                                                    increments. See Letter from Jeffrey S. Davis, Vice        16 17 CFR 240.19b–4(f)(6).                               18 17 CFR 240.19b–4(f)(6)(iii).

                                                    President and Deputy General Counsel and                  17 In addition, Rule 19b–4(f)(6)(iii) requires the       19 For purposes only of waiving the operative
                                                    Secretary, NASDAQ BX, Inc. to Brent J. Fields,          Exchange to give the Commission written notice of       delay for this proposal, the Commission has
                                                    Secretary, Securities and Exchange Commission           the Exchange’s intent to file the proposed rule         considered the proposed rule’s impact on
                                                    dated November 22, 2016.                                change, along with a brief description and text of      efficiency, competition, and capital formation. See
                                                       13 15 U.S.C. 78f.                                                                                            15 U.S.C. 78c(f).
                                                                                                            the proposed rule change, at least five business days
                                                       14 15 U.S.C. 78f(b)(5).                              prior to the date of filing of the proposed rule           20 15 U.S.C. 78s(b)(3)(C).




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                                                                                Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Notices                                                    88281

                                                    Paper Comments                                            SECURITIES AND EXCHANGE                               the most significant parts of such
                                                                                                              COMMISSION                                            statements.
                                                      • Send paper comments in triplicate
                                                    to Secretary, Securities and Exchange                     [Release No. 34–79438; File No. SR–                   A. Self-Regulatory Organization’s
                                                    Commission, 100 F Street NE.,                             BatsEDGX–2016–67]                                     Statement of the Purpose of, and
                                                    Washington, DC 20549–1090.                                                                                      Statutory Basis for, the Proposed Rule
                                                                                                              Self-Regulatory Organizations; Bats                   Change
                                                    All submissions should refer to File                      EDGX Exchange, Inc.; Notice of Filing
                                                    Number SR–BX–2016–065. This file                          and Immediate Effectiveness of a                      1. Purpose
                                                    number should be included on the                          Proposed Rule Change To Make Non-                        The Exchange proposes to modify its
                                                    subject line if email is used. To help the                Substantive Changes to the Equity                     fee schedule applicable to the
                                                    Commission process and review your                        Options Fee Schedule                                  Exchange’s equity options platform
                                                    comments more efficiently, please use                                                                           (‘‘EDGX Options’’) to make certain
                                                                                                              December 1, 2016.                                     clarifying and non-substantive changes
                                                    only one method. The Commission will
                                                                                                                 Pursuant to Section 19(b)(1) of the                to its fee schedule in order to improve
                                                    post all comments on the Commission’s
                                                                                                              Securities Exchange Act of 1934 (the                  formatting, eliminate certain
                                                    Internet Web site (http://www.sec.gov/                    ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    rules/sro.shtml). Copies of the                                                                                 redundancies, increase overall
                                                                                                              notice is hereby given that on November               readability, and provide users with
                                                    submission, all subsequent                                18, 2016, Bats EDGX Exchange, Inc. (the               straightforward descriptions to augment
                                                    amendments, all written statements                        ‘‘Exchange’’ or ‘‘EDGX’’) filed with the              overall comprehensibility and usability
                                                    with respect to the proposed rule                         Securities and Exchange Commission                    of the existing fee schedule. The
                                                    change that are filed with the                            (the ‘‘Commission’’) the proposed rule                Exchange notes that these changes are
                                                    Commission, and all written                               change as described in Items I, II, and               purely clerical and do not substantively
                                                    communications relating to the                            III below, which Items have been                      amend any fee or rebate, nor do they
                                                    proposed rule change between the                          prepared by the Exchange. The                         alter the manner in which the Exchange
                                                    Commission and any person, other than                     Exchange has designated the proposed                  assesses fees or calculates rebates. The
                                                    those that may be withheld from the                       rule change as one establishing or                    proposed changes are simply intended
                                                    public in accordance with the                             changing a member due, fee, or other                  to provide greater transparency to
                                                    provisions of 5 U.S.C. 552, will be                       charge imposed by the Exchange under                  market participants regarding how the
                                                    available for Web site viewing and                        Section 19(b)(3)(A)(ii) of the Act 3 and              Exchange assesses fees and calculates
                                                    printing in the Commission’s Public                       Rule 19b–4(f)(2) thereunder,4 which                   rebates. Specifically, the Exchange
                                                    Reference Room, 100 F Street NE.,                         renders the proposed rule change                      proposes to:
                                                    Washington, DC 20549, on official                         effective upon filing with the                           • Alphabetize defined terms under
                                                    business days between the hours of                        Commission. The Commission is                         the ‘‘Definitions’’ section; 6
                                                    10:00 a.m. and 3:00 p.m. Copies of the                    publishing this notice to solicit                        • amend footnote 3 to include the
                                                    filing also will be available for                         comments on the proposed rule change                  word ‘‘Tier’’ at the end of its title;
                                                    inspection and copying at the principal                   from interested persons.                                 • amend the title of the column
                                                    office of the Exchange. All comments                                                                            setting forth each tier’s rate to simply
                                                                                                              I. Self-Regulatory Organization’s
                                                    received will be posted without change;                                                                         state ‘‘Fee Per Contract’’, ‘‘Rebate Per
                                                                                                              Statement of the Terms of the Substance
                                                                                                                                                                    Contract’’ or ‘‘Fee/Rebate Per Contract’’),
                                                    the Commission does not edit personal                     of the Proposed Rule Change
                                                                                                                                                                    as applicable. Renaming these columns
                                                    identifying information from                                The Exchange filed a proposal to                    is intended to clearly indicate whether
                                                    submissions. You should submit only                       make several non-substantive changes to               the footnote provides a fee and/or a
                                                    information that you wish to make                         the fee schedule applicable to                        rebate. In renaming these columns, the
                                                    available publicly. All submissions                       Members 5 and non-members of the                      Exchange also proposes to remove
                                                    should refer to File Number SR–BX–                        Exchange pursuant to Exchange Rules                   certain other descriptive language as
                                                    2016–065 and should be submitted on                       15.1(a) and (c).                                      such language is redundant and set forth
                                                    or before December 28, 2016.                                                                                    in the tier’s title and list of its applicable
                                                                                                              II. Self-Regulatory Organization’s
                                                      For the Commission, by the Division of                  Statement of the Purpose of, and                      fee codes;
                                                    Trading and Markets, pursuant to delegated                Statutory Basis for, the Proposed Rule                   • ensure each tier requiring multiple
                                                    authority.21                                              Change                                                criteria is conjoined using ‘‘; and’’ to
                                                                                                                                                                    clarify that all of a tier’s criteria must be
                                                                                                                In its filing with the Commission, the              satisfied to receive the applicable rate;
                                                    Brent J. Fields,
                                                                                                              Exchange included statements                             • replace the phrase ‘‘equal to or
                                                    Secretary.                                                concerning the purpose of and basis for               greater than’’ with ‘‘≥’’ in all required
                                                    [FR Doc. 2016–29291 Filed 12–6–16; 8:45 am]               the proposed rule change and discussed                criteria cells under footnote 1, 2, 3, and
                                                    BILLING CODE 8011–01–P                                    any comments it received on the                       4.
                                                                                                              proposed rule change. The text of these
                                                                                                              statements may be examined at the                     2. Statutory Basis
                                                                                                              places specified in Item IV below. The                   The Exchange believes that the
                                                                                                              Exchange has prepared summaries, set                  proposed rule change is consistent with
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                                                                                                              forth in Sections A, B, and C below, of               the requirements of the Act and the
                                                                                                                                                                    rules and regulations thereunder that
                                                                                                                1 15 U.S.C. 78s(b)(1).                              are applicable to a national securities
                                                                                                                2 17 CFR 240.19b–4.                                 exchange, and, in particular, with the
                                                                                                                3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                                                                                4 17 CFR 240.19b–4(f)(2).                             6 The Exchange does not propose to alphabetize
                                                                                                                5 A Member is defined as ‘‘any registered broker    the definitions under the Market Data section of its
                                                                                                              or dealer that has been admitted to membership in     fee schedule as those terms are generally grouped
                                                      21 17   CFR 200.30–3(a)(12), (59).                      the Exchange.’’ See Exchange Rule 1.5(n).             with similar terms.



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Document Created: 2016-12-07 05:32:00
Document Modified: 2016-12-07 05:32:00
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 88279 

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