81_FR_90250 81 FR 90011 - Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of the Exchange's Equities Options Platform

81 FR 90011 - Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of the Exchange's Equities Options Platform

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 239 (December 13, 2016)

Page Range90011-90012
FR Document2016-29802

Federal Register, Volume 81 Issue 239 (Tuesday, December 13, 2016)
[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Notices]
[Pages 90011-90012]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29802]



[[Page 90011]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79497; File No. SR-BatsEDGX-2016-69]


Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change Related 
to Fees for Use of the Exchange's Equities Options Platform

December 7, 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 30, 2016, Bats EDGX Exchange, Inc. (the ``Exchange'' 
or ``EDGX'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the Exchange. The 
Exchange has designated the proposed rule change as one establishing or 
changing a member due, fee, or other charge imposed by the Exchange 
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) 
thereunder,\4\ which renders the proposed rule change effective upon 
filing with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

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

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

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

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

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

1. Purpose
    The Exchange proposes to amend its fee schedule for its equity 
options platform (``EDGX Options'') to modify the Exchange's routing 
fee code RR, as further described below. The Exchange currently charges 
flat rate routing fees for executions at away options exchanges \6\ 
that have been placed into groups based on the approximate cost of 
routing to such venues. The grouping of away options exchanges is based 
on the cost of transaction fees assessed by each venue as well as costs 
to the Exchange for routing (i.e., clearing fees, connectivity and 
other infrastructure costs, membership fees, etc.) (collectively, 
``Routing Costs'').
---------------------------------------------------------------------------

    \6\ Other options exchanges to which the Exchange routes 
include: Bats BZX Exchange, Inc. (``BZX Options''), BOX Options 
Exchange LLC (``BOX''), Chicago Board Options Exchange, Inc. 
(``CBOE''), C2 Options Exchange, Inc. (``C2''), International 
Securities Exchange, Inc. (``ISE''), ISE Gemini, LLC (``ISE 
Gemini''), ISE Mercury, LLC (``ISE Mercury''), Miami International 
Securities Exchange, LLC (``MIAX''), Nasdaq Options Market LLC 
(``NOM''), Nasdaq OMX BX LLC (``BX Options''), Nasdaq OMX PHLX LLC 
(``PHLX''), NYSE Arca, Inc. (``ARCA''), and NYSE MKT LLC (``AMEX'').
---------------------------------------------------------------------------

    With respect to Customer orders in Non-Penny Pilot Securities, the 
Exchange applies one of two fee codes: (1) Fee code RP, which results 
in a fee of $0.25 per contract and applies to all Customer orders 
(including orders in Penny Pilot Securities) routed to and executed at 
AMEX, BOX, BX Options, CBOE, ISE Mercury, MIAX or PHLX; or (2) fee code 
RR, which results in a fee of $1.00 per contract and applies to all 
Customer orders in Non-Penny Pilot Securities routed to and executed at 
ARCA, BZX Options, C2, ISE, ISE Gemini or NOM. The Exchange proposes to 
increase the fee under fee code RR from $1.00 per contract to $1.10 per 
contract to account for additional Routing Costs incurred by the 
Exchange. The Exchange does not propose any change to fee code RP.
    As set forth above, the Exchange's approach to routing fees is to 
set forth through the use of certain flat fees that approximate the 
cost of routing to other options exchanges. The Exchange then monitors 
the fees charged as compared to the costs of its routing services, as 
well as monitoring for specific fee changes by other options exchanges, 
and intends to adjust its flat routing fees and/or groupings to ensure 
that the Exchange's fees do indeed result in a rough approximation of 
overall Routing Costs, and are not significantly higher or lower in any 
area. The increase is proposed primarily in order to account for 
increased Routing Costs incurred by the Exchange.
Implementation Date
    The Exchange proposes to implement this amendment to its fee 
schedule on December 1, 2016.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the requirements of the Act and the rules and regulations 
thereunder that are applicable to a national securities exchange, and, 
in particular, with the requirements of Section 6 of the Act.\7\ 
Specifically, the Exchange believes that the proposed rule change is 
consistent with Section 6(b)(4) of the Act,\8\ in that it provides for 
the equitable allocation of reasonable dues, fees and other charges 
among members and other persons using any facility or system which the 
Exchange operates or controls.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    With respect to the proposed increase under the Exchange's routing 
structure, the Exchange notes that it operates in a highly competitive 
market in which market participants can readily direct order flow to 
competing venues or providers of routing services if they deem fee 
levels to be excessive. As explained above, the Exchange seeks to 
approximate the cost of routing to other options exchanges, including 
other applicable costs to the Exchange for routing, in order to provide 
a simplified and easy to understand pricing model. The Exchange 
believes that a pricing model based on approximate Routing Costs is a 
reasonable, fair and equitable approach to pricing. Specifically, the 
Exchange believes that its proposal to modify fees is fair, equitable 
and reasonable because the fees are generally an approximation of the 
cost to the Exchange for routing orders to such exchanges. The Exchange 
believes that its flat fee structure for orders routed to various 
venues is a fair and equitable approach to pricing, as it will provide 
certainty with respect to execution fees at groups of away options 
exchanges. In order to achieve its flat fee structure, taking all costs 
to the Exchange into account, the Exchange will in some instances 
charge a higher premium to route to certain options exchanges than to 
others. As a general matter, the Exchange believes that the proposed 
fee will allow it to recoup and

[[Page 90012]]

cover its costs of providing routing services to such exchanges and to 
make some additional profit in exchange for the services it provides. 
The Exchange also believes that the proposed increase to the fee 
structure for orders routed to and executed at these away options 
exchanges is fair and equitable and not unreasonably discriminatory in 
that it applies equally to all Members. Finally, the Exchange notes 
that it intends to consistently evaluate its routing fees, including 
profit and loss attributable to routing, as applicable, in connection 
with the operation of a flat fee routing service, and would consider 
future adjustments to the proposed pricing structure to the extent it 
was recouping a significant profit or loss from routing to away options 
exchanges.

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

    The Exchange believes the proposed amendments to its fee schedule 
would not impose any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. Rather, the 
proposal is a competitive proposal that is seeking to further the 
growth of the Exchange and to update the Exchange's fees for routing 
orders to away options exchanges based on Routing Costs. Additionally, 
Members may opt to disfavor the Exchange's pricing, including pricing 
for transactions on the Exchange as well as routing fees, if they 
believe that alternatives offer them better value. In particular, with 
respect to routing services, such services are available to Members 
from other broker-dealers as well as other options exchanges. The 
Exchange also notes that Members may choose to mark their orders as 
ineligible for routing to avoid incurring routing fees.\9\ Accordingly, 
the Exchange does not believe that the proposed change will impair the 
ability of Members or competing venues to maintain their competitive 
standing in the financial markets.
---------------------------------------------------------------------------

    \9\ See Exchange Rule 21.1(d)(7) (describing ``Book Only'' 
orders) and Exchange Rule 21.9(a)(1) (describing the Exchange's 
routing process, which requires orders to be designated as available 
for routing).
---------------------------------------------------------------------------

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 \10\ and paragraph (f) of Rule 19b-4 
thereunder.\11\ 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.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to r[email protected]. Please include 
File Number SR-BatsEDGX-2016-69 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-2016-69. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing 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-2016-69, and should 
be submitted on or before January 3, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-29802 Filed 12-12-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                          Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices                                              90011

                                               SECURITIES AND EXCHANGE                                 the most significant parts of such                      rough approximation of overall Routing
                                               COMMISSION                                              statements.                                             Costs, and are not significantly higher or
                                                                                                                                                               lower in any area. The increase is
                                                                                                       A. Self-Regulatory Organization’s
                                               [Release No. 34–79497; File No. SR–                                                                             proposed primarily in order to account
                                               BatsEDGX–2016–69]                                       Statement of the Purpose of, and
                                                                                                                                                               for increased Routing Costs incurred by
                                                                                                       Statutory Basis for, the Proposed Rule
                                                                                                                                                               the Exchange.
                                               Self-Regulatory Organizations; Bats                     Change
                                               EDGX Exchange, Inc.; Notice of Filing                                                                           Implementation Date
                                                                                                       1. Purpose
                                               and Immediate Effectiveness of a                                                                                  The Exchange proposes to implement
                                               Proposed Rule Change Related to Fees                       The Exchange proposes to amend its
                                                                                                                                                               this amendment to its fee schedule on
                                               for Use of the Exchange’s Equities                      fee schedule for its equity options
                                                                                                                                                               December 1, 2016.
                                               Options Platform                                        platform (‘‘EDGX Options’’) to modify
                                                                                                       the Exchange’s routing fee code RR, as                  2. Statutory Basis
                                               December 7, 2016.                                       further described below. The Exchange                      The Exchange believes that the
                                                  Pursuant to Section 19(b)(1) of the                  currently charges flat rate routing fees                proposed rule change is consistent with
                                               Securities Exchange Act of 1934 (the                    for executions at away options                          the requirements of the Act and the
                                               ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  exchanges 6 that have been placed into                  rules and regulations thereunder that
                                               notice is hereby given that on November                 groups based on the approximate cost of                 are applicable to a national securities
                                               30, 2016, Bats EDGX Exchange, Inc. (the                 routing to such venues. The grouping of                 exchange, and, in particular, with the
                                               ‘‘Exchange’’ or ‘‘EDGX’’) filed with the                away options exchanges is based on the                  requirements of Section 6 of the Act.7
                                               Securities and Exchange Commission                      cost of transaction fees assessed by each               Specifically, the Exchange believes that
                                               (the ‘‘Commission’’) the proposed rule                  venue as well as costs to the Exchange                  the proposed rule change is consistent
                                               change as described in Items I, II, and                 for routing (i.e., clearing fees,                       with Section 6(b)(4) of the Act,8 in that
                                               III below, which Items have been                        connectivity and other infrastructure                   it provides for the equitable allocation
                                               prepared by the Exchange. The                           costs, membership fees, etc.)                           of reasonable dues, fees and other
                                               Exchange has designated the proposed                    (collectively, ‘‘Routing Costs’’).                      charges among members and other
                                               rule change as one establishing or                         With respect to Customer orders in                   persons using any facility or system
                                               changing a member due, fee, or other                    Non-Penny Pilot Securities, the                         which the Exchange operates or
                                               charge imposed by the Exchange under                    Exchange applies one of two fee codes:                  controls.
                                               Section 19(b)(3)(A)(ii) of the Act 3 and                (1) Fee code RP, which results in a fee                    With respect to the proposed increase
                                               Rule 19b–4(f)(2) thereunder,4 which                     of $0.25 per contract and applies to all                under the Exchange’s routing structure,
                                               renders the proposed rule change                        Customer orders (including orders in                    the Exchange notes that it operates in a
                                               effective upon filing with the                          Penny Pilot Securities) routed to and                   highly competitive market in which
                                               Commission. The Commission is                           executed at AMEX, BOX, BX Options,                      market participants can readily direct
                                               publishing this notice to solicit                       CBOE, ISE Mercury, MIAX or PHLX; or                     order flow to competing venues or
                                               comments on the proposed rule change                    (2) fee code RR, which results in a fee                 providers of routing services if they
                                               from interested persons.                                of $1.00 per contract and applies to all                deem fee levels to be excessive. As
                                                                                                       Customer orders in Non-Penny Pilot
                                                                                                                                                               explained above, the Exchange seeks to
                                               I. Self-Regulatory Organization’s                       Securities routed to and executed at
                                                                                                                                                               approximate the cost of routing to other
                                               Statement of the Terms of the Substance                 ARCA, BZX Options, C2, ISE, ISE
                                                                                                                                                               options exchanges, including other
                                               of the Proposed Rule Change                             Gemini or NOM. The Exchange
                                                                                                                                                               applicable costs to the Exchange for
                                                 The Exchange filed a proposal to                      proposes to increase the fee under fee
                                                                                                                                                               routing, in order to provide a simplified
                                               amend the fee schedule applicable to                    code RR from $1.00 per contract to
                                                                                                                                                               and easy to understand pricing model.
                                               Members 5 and non-Members of the                        $1.10 per contract to account for
                                                                                                                                                               The Exchange believes that a pricing
                                               Exchange pursuant to EDGX Rules                         additional Routing Costs incurred by the
                                                                                                                                                               model based on approximate Routing
                                               15.1(a) and (c).                                        Exchange. The Exchange does not
                                                                                                                                                               Costs is a reasonable, fair and equitable
                                                                                                       propose any change to fee code RP.
                                               II. Self-Regulatory Organization’s                         As set forth above, the Exchange’s                   approach to pricing. Specifically, the
                                               Statement of the Purpose of, and                        approach to routing fees is to set forth                Exchange believes that its proposal to
                                               Statutory Basis for, the Proposed Rule                  through the use of certain flat fees that               modify fees is fair, equitable and
                                               Change                                                  approximate the cost of routing to other                reasonable because the fees are
                                                                                                       options exchanges. The Exchange then                    generally an approximation of the cost
                                                 In its filing with the Commission, the                                                                        to the Exchange for routing orders to
                                               Exchange included statements                            monitors the fees charged as compared
                                                                                                       to the costs of its routing services, as                such exchanges. The Exchange believes
                                               concerning the purpose of and basis for                                                                         that its flat fee structure for orders
                                                                                                       well as monitoring for specific fee
                                               the proposed rule change and discussed                                                                          routed to various venues is a fair and
                                                                                                       changes by other options exchanges,
                                               any comments it received on the                                                                                 equitable approach to pricing, as it will
                                                                                                       and intends to adjust its flat routing fees
                                               proposed rule change. The text of these                                                                         provide certainty with respect to
                                                                                                       and/or groupings to ensure that the
                                               statements may be examined at the                                                                               execution fees at groups of away options
                                                                                                       Exchange’s fees do indeed result in a
                                               places specified in Item IV below. The                                                                          exchanges. In order to achieve its flat fee
                                               Exchange has prepared summaries, set                       6 Other options exchanges to which the Exchange      structure, taking all costs to the
                                               forth in Sections A, B, and C below, of                 routes include: Bats BZX Exchange, Inc. (‘‘BZX          Exchange into account, the Exchange
pmangrum on DSK3GDR082PROD with NOTICES




                                                                                                       Options’’), BOX Options Exchange LLC (‘‘BOX’’),         will in some instances charge a higher
                                                 1 15 U.S.C. 78s(b)(1).                                Chicago Board Options Exchange, Inc. (‘‘CBOE’’),
                                                                                                       C2 Options Exchange, Inc. (‘‘C2’’), International       premium to route to certain options
                                                 2 17 CFR 240.19b–4.
                                                                                                       Securities Exchange, Inc. (‘‘ISE’’), ISE Gemini, LLC    exchanges than to others. As a general
                                                 3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                 4 17 CFR 240.19b–4(f)(2).
                                                                                                       (‘‘ISE Gemini’’), ISE Mercury, LLC (‘‘ISE Mercury’’),   matter, the Exchange believes that the
                                                                                                       Miami International Securities Exchange, LLC            proposed fee will allow it to recoup and
                                                 5 The term ‘‘Member’’ is defined as ‘‘any             (‘‘MIAX’’), Nasdaq Options Market LLC (‘‘NOM’’),
                                               registered broker or dealer that has been admitted      Nasdaq OMX BX LLC (‘‘BX Options’’), Nasdaq OMX
                                                                                                                                                                7 15   U.S.C. 78f.
                                               to membership in the Exchange.’’ See Exchange           PHLX LLC (‘‘PHLX’’), NYSE Arca, Inc. (‘‘ARCA’’),
                                               Rule 1.5(n).                                            and NYSE MKT LLC (‘‘AMEX’’).                             8 15   U.S.C. 78f(b)(4).



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                                               90012                      Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Notices

                                               cover its costs of providing routing                    III. Date of Effectiveness of the                       inspection and copying at the principal
                                               services to such exchanges and to make                  Proposed Rule Change and Timing for                     office of the Exchange. All comments
                                               some additional profit in exchange for                  Commission Action                                       received will be posted without change;
                                               the services it provides. The Exchange                     The foregoing rule change has become                 the Commission does not edit personal
                                               also believes that the proposed increase                effective pursuant to Section 19(b)(3)(A)               identifying information from
                                               to the fee structure for orders routed to               of the Act 10 and paragraph (f) of Rule                 submissions. You should submit only
                                               and executed at these away options                      19b–4 thereunder.11 At any time within                  information that you wish to make
                                               exchanges is fair and equitable and not                 60 days of the filing of the proposed rule              available publicly. All submissions
                                               unreasonably discriminatory in that it                  change, the Commission summarily may                    should refer to File Number SR–
                                               applies equally to all Members. Finally,                temporarily suspend such rule change if                 BatsEDGX–2016–69, and should be
                                               the Exchange notes that it intends to                   it appears to the Commission that such                  submitted on or before January 3, 2017.
                                               consistently evaluate its routing fees,                 action is necessary or appropriate in the                 For the Commission, by the Division of
                                               including profit and loss attributable to               public interest, for the protection of                  Trading and Markets, pursuant to delegated
                                               routing, as applicable, in connection                   investors, or otherwise in furtherance of               authority.12
                                               with the operation of a flat fee routing                the purposes of the Act.                                Eduardo A. Aleman,
                                               service, and would consider future                                                                              Assistant Secretary.
                                               adjustments to the proposed pricing                     IV. Solicitation of Comments
                                                                                                                                                               [FR Doc. 2016–29802 Filed 12–12–16; 8:45 am]
                                               structure to the extent it was recouping                  Interested persons are invited to
                                                                                                                                                               BILLING CODE 8011–01–P
                                               a significant profit or loss from routing               submit written data, views, and
                                               to away options exchanges.                              arguments concerning the foregoing,
                                                                                                       including whether the proposed rule                     SECURITIES AND EXCHANGE
                                               B. Self-Regulatory Organization’s
                                                                                                       change is consistent with the Act.                      COMMISSION
                                               Statement on Burden on Competition                      Comments may be submitted by any of
                                                  The Exchange believes the proposed                   the following methods:                                  [Release No. 34–79499; File No. SR–CBOE–
                                               amendments to its fee schedule would                                                                            2016–084]
                                                                                                       Electronic Comments
                                               not impose any burden on competition
                                               that is not necessary or appropriate in                   • Use the Commission’s Internet                       Self-Regulatory Organizations;
                                               furtherance of the purposes of the Act.                 comment form (http://www.sec.gov/                       Chicago Board Options Exchange,
                                               Rather, the proposal is a competitive                   rules/sro.shtml); or                                    Incorporated; Notice of Filing of a
                                               proposal that is seeking to further the                   • Send an email to rule-comments@                     Proposed Rule Change To Amend
                                               growth of the Exchange and to update                    sec.gov. Please include File Number SR–                 Exchange Rules Related to the
                                               the Exchange’s fees for routing orders to               BatsEDGX–2016–69 on the subject line.                   Automated Improvement Mechanism
                                               away options exchanges based on                         Paper Comments                                          December 7, 2016.
                                               Routing Costs. Additionally, Members
                                                                                                          • Send paper comments in triplicate                     Pursuant to Section 19(b)(1) of the
                                               may opt to disfavor the Exchange’s                                                                              Securities Exchange Act of 1934 (the
                                                                                                       to Secretary, Securities and Exchange
                                               pricing, including pricing for                          Commission, 100 F Street NE.,                           ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                               transactions on the Exchange as well as                 Washington, DC 20549–1090.                              notice is hereby given that, on
                                               routing fees, if they believe that                                                                              November 29, 2016, Chicago Board
                                               alternatives offer them better value. In                All submissions should refer to File
                                                                                                       Number SR–BatsEDGX–2016–69. This                        Options Exchange, Incorporated (the
                                               particular, with respect to routing                                                                             ‘‘Exchange’’ or ‘‘CBOE’’) filed with the
                                                                                                       file number should be included on the
                                               services, such services are available to                                                                        Securities and Exchange Commission
                                                                                                       subject line if email is used. To help the
                                               Members from other broker-dealers as                                                                            (the ‘‘Commission’’) the proposed rule
                                                                                                       Commission process and review your
                                               well as other options exchanges. The                                                                            change as described in Items I, II, and
                                                                                                       comments more efficiently, please use
                                               Exchange also notes that Members may                                                                            III below, which Items have been
                                                                                                       only one method. The Commission will
                                               choose to mark their orders as ineligible                                                                       prepared by the Exchange. The
                                                                                                       post all comments on the Commission’s
                                               for routing to avoid incurring routing                                                                          Commission is publishing this notice to
                                                                                                       Internet Web site (http://www.sec.gov/
                                               fees.9 Accordingly, the Exchange does                                                                           solicit comments on the proposed rule
                                                                                                       rules/sro.shtml). Copies of the
                                               not believe that the proposed change                    submission, all subsequent                              change from interested persons.
                                               will impair the ability of Members or                   amendments, all written statements
                                               competing venues to maintain their                                                                              I. Self-Regulatory Organization’s
                                                                                                       with respect to the proposed rule                       Statement of the Terms of Substance of
                                               competitive standing in the financial                   change that are filed with the
                                               markets.                                                                                                        the Proposed Rule Change
                                                                                                       Commission, and all written
                                               C. Self-Regulatory Organization’s                       communications relating to the                            The Exchange seeks to amend
                                               Statement on Comments on the                            proposed rule change between the                        Exchange Rules related to the
                                               Proposed Rule Change Received From                      Commission and any person, other than                   Automated Improvement Mechanism.
                                               Members, Participants, or Others                        those that may be withheld from the                     The text of the proposed rule change is
                                                                                                       public in accordance with the                           provided below.
                                                 The Exchange has not solicited, and                   provisions of 5 U.S.C. 552, will be                     (additions are italicized; deletions are
                                               does not intend to solicit, comments on                 available for Web site viewing and                        [bracketed])
                                               this proposed rule change. The                          printing in the Commission’s Public
                                               Exchange has not received any written                                                                           *     *    *      *     *
pmangrum on DSK3GDR082PROD with NOTICES




                                                                                                       Reference Room, 100 F Street NE.,
                                               comments from members or other                          Washington, DC 20549 on official                        Chicago Board Options Exchange,
                                               interested parties.                                     business days between the hours of                      Incorporated Rules
                                                                                                       10:00 a.m. and 3:00 p.m. Copies of such                 *           *   *     *          *
                                                 9 See Exchange Rule 21.1(d)(7) (describing ‘‘Book

                                               Only’’ orders) and Exchange Rule 21.9(a)(1)
                                                                                                       filing also will be available for
                                                                                                                                                                   12 17 CFR 200.30–3(a)(12).
                                               (describing the Exchange’s routing process, which
                                                                                                         10 15 U.S.C. 78s(b)(3)(A).                                1 15 U.S.C. 78s(b)(1).
                                               requires orders to be designated as available for
                                               routing).                                                 11 17 CFR 240.19b–4(f).                                   2 17 CFR 240.19b–4.




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Document Created: 2016-12-13 02:44:59
Document Modified: 2016-12-13 02:44:59
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 90011 

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