82_FR_10953 82 FR 10922 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related To Fees as They Relate to the Equities Options Platform

82 FR 10922 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related To Fees as They Relate to the Equities Options Platform

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 31 (February 16, 2017)

Page Range10922-10924
FR Document2017-03102

Federal Register, Volume 82 Issue 31 (Thursday, February 16, 2017)
[Federal Register Volume 82, Number 31 (Thursday, February 16, 2017)]
[Notices]
[Pages 10922-10924]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03102]



[[Page 10922]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80012; File No. SR-BatsBZX-2017-12]


Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change Related To 
Fees as They Relate to the Equities Options Platform

February 10, 2017.
    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 February 1, 2017, Bats BZX Exchange, Inc. (the ``Exchange'' or 
``BZX'') 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

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

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

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

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

1. Purpose
    The Exchange proposes to amend the BZX Options fee schedule to: (i) 
Modify the definitions of fee codes RQ and RR to include routing to 
MIAX Pearl LLC (``MIAX PEARL'') and to increase the fee for fee code 
RR; (ii) reduce the required criteria for the Market Maker Non-Penny 
Pilot Add Volume Tier 3 under footnote 7; and (iii) remove all fees for 
Mini Options.
Modifications to Fee Codes RQ and RR To Include Routing to MIAX PEARL
    The Exchange's current approach to routing fees is to set forth in 
a simple manner certain sub-categories of fees that approximate the 
cost of routing to other options exchanges 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''). The Exchange then monitors the fees charged as compared to 
the costs of its routing services and adjusts its routing fees and/or 
sub-categories 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.
    First, the Exchange proposes to modify the description of fee codes 
RQ and RR in connection with the upcoming launch of MIAX PEARL. 
Currently, fee code RR is appended to Customer \6\ orders in non-Penny 
Pilot securities that are routed to ARCA, C2, ISE, ISE Gemini or NOM 
and assessed a fee of $1.00 per contract. Additionally, fee code RQ is 
appended to Customer orders in Penny Pilot securities that are routed 
to ARCA, C2, ISE, ISE Gemini or NOM and assessed a fee of $0.70 per 
contract. The Exchange proposes to modify the definitions of fee codes 
RR and RQ to include MIAX Pearl.
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    \6\ As defined in the Exchange's fee schedule available at 
http://www.bats.com/us/options/membership/fee_schedule/bzx/.
---------------------------------------------------------------------------

    Second, the Exchange proposes to increase the fee for fee code RR 
from $1.00 per contract to $1.10 per contract to account for the cost 
of routing to MIAX Pearl. The Exchange does not propose to amend the 
fee for fee code RQ. The Exchange anticipates that the proposed fee 
structure will approximate the cost of routing orders to MIAX Pearl. 
The Exchange is proposing the charges set forth above to maintain a 
simple and fair fee schedule with respect to routing fees that 
approximate the total cost of routing, including Routing Costs.
Market Maker Non-Penny Pilot Add Volume Tier 3
    The Exchange determines the liquidity adding rebate that it will 
offer Members using a tiered pricing structure. Currently, the Exchange 
offers rebates ranging from $0.45 and $0.65 per share for Market Maker 
\7\ orders that add volume in non-Penny Pilot securities under three 
tiers described in footnote 7 of the fee schedule. To receive Tier 3's 
rebate of $0.65 per share, a Member must have: (i) An ADAV \8\ in 
Market Maker non-Penny Pilot Securities equal to or greater than 0.20% 
of average OCV; \9\ and (ii) an ADAV in Non-Customer orders equal to or 
greater than 3.00% of average OCV. The Exchange now proposes to reduce 
the first prong of Tier 3's required criteria to require that a Member 
have an ADAV in Market Maker Non-Penny Pilot orders of at least 0.10% 
of average OCV, rather than 0.20% of average OCV. The Exchange does not 
proposed to amend the second prong of Tier 3's required criteria or the 
rebate associated with the tier.
---------------------------------------------------------------------------

    \7\ Id.
    \8\ Id.
    \9\ Id.
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Elimination of References to Mini Options
    Mini Options \10\ on SPDR S&P 500 (``SPY''), Apple Inc. (``AAPL''), 
SPDR Gold Trust (``GLD''), Alphabet Inc. (``GOOGL''), and Amazon.com 
Inc. (``AMZN'') listed and traded on BZX Options expired in January 
2017 and no other series of Mini Options currently trade nor will any 
new series of Mini Options be trading on BZX Options. As a result, the 
Exchange proposes to delete all fees for Mini Options from its fee 
schedule by deleting fee codes DM,\11\

[[Page 10923]]

MA,\12\ MR,\13\ ZC,\14\ and ZF \15\ from the Fee Codes and Associate 
Fees table and updating the Standard Rates table to reflect the removal 
of these fee codes.
---------------------------------------------------------------------------

    \10\ After an option class on a stock, Exchange-Traded Fund 
Share, Trust Issued Receipt, Exchange Traded Note, and other Index 
Linked Security with a 100 share deliverable has been approved for 
listing and trading on the Exchange, series of option contracts with 
a 10 share deliverable on that stock, Exchange-Traded Fund Share, 
Trust Issued Receipt, Exchange Traded Note, and other Index Linked 
Security may be listed for all expirations opened for trading on the 
Exchange. See Exchange Rule.19.6. Interpretations and Policies .07
    \11\ Fee code DM is appended to an order executed at a Member's 
directed destinations when bypassing the Bats Options order book, 
executed in Mini Options Securities, and is assessed a fee of $0.15 
per contract.
    \12\ Fee code MA is appended to a Member's order which adds 
liquidity in Mini Options Securities, and is not assessed a fee.
    \13\ Fee code MR is appended to a Member's order which removes 
liquidity in Mini Options Securities, and is not assessed a fee.
    \14\ Fee code ZC is appended to a Member's routed Customer order 
in Mini Options Securities, and is assessed a fee of $0.12.
    \15\ Fee code ZF is appended to a Member's routed Non-Customer 
order in Mini Options Securities, and is assessed a fee of $0.12.
---------------------------------------------------------------------------

Implementation Date
    The Exchange proposes to implement the proposed rule change on 
February 1, 2017.\16\
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    \16\ The Exchange notes that the date of its fee schedule was 
previously amended to state February 1, 2017 in SR-BatsBZX-2017-02 
(filed January 30, 2017).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the objectives of Section 6 of the Act,\17\ in general, and 
furthers the objectives of Section 6(b)(4),\18\ in particular, as it is 
designed to provide for the equitable allocation of reasonable dues, 
fees and other charges among its Members and other persons using its 
facilities. The Exchange also notes that it operates in a highly-
competitive market in which market participants can readily direct 
order flow to competing venues if they deem fee levels at a particular 
venue to be excessive. The proposed rule change reflects a competitive 
pricing structure designed to incentivize market participants to direct 
their order flow to the Exchange. The Exchange believes that the 
proposed tier is equitable and non-discriminatory in that it would 
apply uniformly to all Members. The Exchange believes the rates remain 
competitive with those charged by other venues and, therefore, are 
reasonable and equitably allocated to Members.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f.
    \18\ 15 U.S.C. 78f(b)(4).
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Modifications to Fee Codes RQ and RR To Include Routing to MIAX PEARL
    As explained above, the Exchange generally attempts to approximate 
the cost of routing to other options exchanges, including other 
applicable costs to the Exchange for routing. The Exchange believes its 
proposed fees are equitable and reasonable by taking into account 
Routing Costs based on the rates charged by MIAX PEARL. 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 adopt routing fees to MIAX PEARL 
is fair, equitable and reasonable because the fees are generally an 
approximation of the anticipated cost to the Exchange for routing 
orders to MIAX PEARL. The Exchange notes that routing through the 
Exchange is voluntary. The Exchange also believes that the proposed fee 
structure for orders routed to and executed at MIAX PEARL is fair and 
equitable and not unreasonably discriminatory in that it applies 
equally to all Members.
Market Maker Non-Penny Pilot Add Volume Tier 3
    The Exchange believes that the proposed rule change to modify the 
required criteria of the Market Maker Non-Penny Pilot Add Volume Tier 3 
is consistent with Section 6(b)(4) of the Act,\19\ 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. Volume-based rebates such as those 
currently maintained on the Exchange have been widely adopted by 
equities and options exchanges and are equitable because they are open 
to all Members on an equal basis and provide additional benefits or 
discounts that are reasonably related to the value to an exchange's 
market quality associated with higher levels of market activity, such 
as higher levels of liquidity provision and/or growth patterns, and 
introduction of higher volumes of orders into the price and volume 
discovery processes. Decreasing the criteria is intended to incentivize 
additional Members to send orders to the Exchange in an effort to 
qualify for the enhanced rebate made available by the tier.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

Elimination of References to Mini Options
    The Exchange believes it is equitable, reasonable, and not unfairly 
discriminatory to delete fees for Mini Options from its fee schedule 
because the Mini Options listed and traded on BZX Options expired in 
January 2017 and no other series of Mini Options currently trade nor 
will any new series of Mini Options be trading on BZX Options. The 
Exchange believes that the proposed changes will make the fee schedule 
clearer and eliminate potential investor confusion, thereby removing 
impediments to and perfecting the mechanism of a free and open market 
and a national market system, and in general, protecting investors and 
the public interest.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The Exchange believes the 
proposed routing fee will not impose an undue burden on competition 
because the Exchange will uniformly assess the routing fee on all 
Members. The Exchange does not believe that the proposed changes 
represent a significant departure from routing fees offered by the 
Exchange's competitors. Additionally, Members may opt to disfavor the 
Exchange's pricing if they believe that alternatives offer them better 
value or if they view the proposed fee as excessive. Accordingly, the 
Exchange does not believe that the proposed change will impair the 
ability of Members or competing venues to maintain their competitive 
standing in the financial markets. The Exchange does not believe that 
the proposed change to the Exchange's tiered pricing structure burdens 
competition, but instead, enhances competition as it is intended to 
increase the competitiveness of the Exchange. Further, excessive fees 
for participation would serve to impair an exchange's ability to 
compete for order flow and members rather than burdening competition. 
Lastly, the Exchange believes removing fees for Mini Options from its 
fee schedule will not have impact on competition as it is simply 
designed to eliminate potential investor confusion by eliminating fees 
for products no longer available on the Exchange.

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

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

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \20\ and paragraph (f) of Rule 19b-4 
thereunder.\21\ At any time within

[[Page 10924]]

60 days of the filing of the proposed rule change, the Commission 
summarily may temporarily suspend such rule change if it appears to the 
Commission that such action is necessary or appropriate in the public 
interest, for the protection of investors, or otherwise in furtherance 
of the purposes of the Act.
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    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 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 rule-comments@sec.gov. Please include 
File Number SR-BatsBZX-2017-12 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BatsBZX-2017-12. 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-BatsBZX-2017-12 and should 
be submitted on or before March 9, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-03102 Filed 2-15-17; 8:45 am]
BILLING CODE 8011-01-P



                                                    10922                       Federal Register / Vol. 82, No. 31 / Thursday, February 16, 2017 / Notices

                                                    SECURITIES AND EXCHANGE                                 proposed rule change. The text of these               MIAX Pearl. The Exchange does not
                                                    COMMISSION                                              statements may be examined at the                     propose to amend the fee for fee code
                                                                                                            places specified in Item IV below. The                RQ. The Exchange anticipates that the
                                                    [Release No. 34–80012; File No. SR–
                                                    BatsBZX–2017–12]
                                                                                                            Exchange has prepared summaries, set                  proposed fee structure will approximate
                                                                                                            forth in Sections A, B, and C below, of               the cost of routing orders to MIAX Pearl.
                                                    Self-Regulatory Organizations; Bats                     the most significant parts of such                    The Exchange is proposing the charges
                                                    BZX Exchange, Inc.; Notice of Filing                    statements.                                           set forth above to maintain a simple and
                                                    and Immediate Effectiveness of a                                                                              fair fee schedule with respect to routing
                                                                                                            A. Self-Regulatory Organization’s
                                                    Proposed Rule Change Related To                                                                               fees that approximate the total cost of
                                                                                                            Statement of the Purpose of, and
                                                    Fees as They Relate to the Equities                                                                           routing, including Routing Costs.
                                                                                                            Statutory Basis for, the Proposed Rule
                                                    Options Platform                                        Change                                                Market Maker Non-Penny Pilot Add
                                                    February 10, 2017.                                                                                            Volume Tier 3
                                                                                                            1. Purpose
                                                       Pursuant to Section 19(b)(1) of the                                                                           The Exchange determines the
                                                                                                               The Exchange proposes to amend the
                                                    Securities Exchange Act of 1934 (the                                                                          liquidity adding rebate that it will offer
                                                                                                            BZX Options fee schedule to: (i) Modify
                                                    ‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                        Members using a tiered pricing
                                                                                                            the definitions of fee codes RQ and RR
                                                    notice is hereby given that on February                                                                       structure. Currently, the Exchange offers
                                                                                                            to include routing to MIAX Pearl LLC
                                                    1, 2017, Bats BZX Exchange, Inc. (the                                                                         rebates ranging from $0.45 and $0.65
                                                                                                            (‘‘MIAX PEARL’’) and to increase the fee
                                                    ‘‘Exchange’’ or ‘‘BZX’’) filed with the                                                                       per share for Market Maker 7 orders that
                                                                                                            for fee code RR; (ii) reduce the required
                                                    Securities and Exchange Commission                                                                            add volume in non-Penny Pilot
                                                                                                            criteria for the Market Maker Non-Penny
                                                    (the ‘‘Commission’’) the proposed rule                                                                        securities under three tiers described in
                                                                                                            Pilot Add Volume Tier 3 under footnote
                                                    change as described in Items I, II, and                                                                       footnote 7 of the fee schedule. To
                                                                                                            7; and (iii) remove all fees for Mini
                                                    III below, which Items have been                                                                              receive Tier 3’s rebate of $0.65 per
                                                                                                            Options.
                                                    prepared by the Exchange. The                                                                                 share, a Member must have: (i) An
                                                    Exchange has designated the proposed                    Modifications to Fee Codes RQ and RR                  ADAV 8 in Market Maker non-Penny
                                                    rule change as one establishing or                      To Include Routing to MIAX PEARL                      Pilot Securities equal to or greater than
                                                    changing a member due, fee, or other                       The Exchange’s current approach to                 0.20% of average OCV; 9 and (ii) an
                                                    charge imposed by the Exchange under                    routing fees is to set forth in a simple              ADAV in Non-Customer orders equal to
                                                    Section 19(b)(3)(A)(ii) of the Act 3 and                manner certain sub-categories of fees                 or greater than 3.00% of average OCV.
                                                    Rule 19b–4(f)(2) thereunder,4 which                     that approximate the cost of routing to               The Exchange now proposes to reduce
                                                    renders the proposed rule change                        other options exchanges based on the                  the first prong of Tier 3’s required
                                                    effective upon filing with the                          cost of transaction fees assessed by each             criteria to require that a Member have
                                                    Commission. The Commission is                           venue as well as costs to the Exchange                an ADAV in Market Maker Non-Penny
                                                    publishing this notice to solicit                       for routing (i.e., clearing fees,                     Pilot orders of at least 0.10% of average
                                                    comments on the proposed rule change                    connectivity and other infrastructure                 OCV, rather than 0.20% of average OCV.
                                                    from interested persons.                                costs, membership fees, etc.)                         The Exchange does not proposed to
                                                                                                            (collectively, ‘‘Routing Costs’’). The                amend the second prong of Tier 3’s
                                                    I. Self-Regulatory Organization’s                                                                             required criteria or the rebate associated
                                                    Statement of the Terms of Substance of                  Exchange then monitors the fees
                                                                                                            charged as compared to the costs of its               with the tier.
                                                    the Proposed Rule Change
                                                                                                            routing services and adjusts its routing              Elimination of References to Mini
                                                       The Exchange filed a proposal to                     fees and/or sub-categories to ensure that             Options
                                                    amend the fee schedule applicable to                    the Exchange’s fees do indeed result in
                                                    Members 5 and non-Members of the                                                                                 Mini Options 10 on SPDR S&P 500
                                                                                                            a rough approximation of overall                      (‘‘SPY’’), Apple Inc. (‘‘AAPL’’), SPDR
                                                    Exchange pursuant to BZX Rules 15.1(a)                  Routing Costs, and are not significantly
                                                    and (c) applicable to its equity options                                                                      Gold Trust (‘‘GLD’’), Alphabet Inc.
                                                                                                            higher or lower in any area.                          (‘‘GOOGL’’), and Amazon.com Inc.
                                                    platform (‘‘BZX Options’’).                                First, the Exchange proposes to
                                                       The text of the proposed rule change                                                                       (‘‘AMZN’’) listed and traded on BZX
                                                                                                            modify the description of fee codes RQ
                                                    is available at the Exchange’s Web site                                                                       Options expired in January 2017 and no
                                                                                                            and RR in connection with the
                                                    at www.bats.com, at the principal office                                                                      other series of Mini Options currently
                                                                                                            upcoming launch of MIAX PEARL.                        trade nor will any new series of Mini
                                                    of the Exchange, and at the                             Currently, fee code RR is appended to
                                                    Commission’s Public Reference Room.                                                                           Options be trading on BZX Options. As
                                                                                                            Customer 6 orders in non-Penny Pilot                  a result, the Exchange proposes to delete
                                                    II. Self-Regulatory Organization’s                      securities that are routed to ARCA, C2,               all fees for Mini Options from its fee
                                                    Statement of the Purpose of, and                        ISE, ISE Gemini or NOM and assessed                   schedule by deleting fee codes DM,11
                                                    Statutory Basis for, the Proposed Rule                  a fee of $1.00 per contract. Additionally,
                                                    Change                                                  fee code RQ is appended to Customer                     7 Id.
                                                                                                            orders in Penny Pilot securities that are               8 Id.
                                                       In its filing with the Commission, the
                                                                                                            routed to ARCA, C2, ISE, ISE Gemini or                  9 Id.
                                                    Exchange included statements
                                                                                                            NOM and assessed a fee of $0.70 per                      10 After an option class on a stock, Exchange-
                                                    concerning the purpose of and basis for                                                                       Traded Fund Share, Trust Issued Receipt, Exchange
                                                                                                            contract. The Exchange proposes to
                                                    the proposed rule change and discussed                                                                        Traded Note, and other Index Linked Security with
                                                                                                            modify the definitions of fee codes RR
                                                    any comments it received on the                                                                               a 100 share deliverable has been approved for
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            and RQ to include MIAX Pearl.                         listing and trading on the Exchange, series of option
                                                      1 15
                                                                                                               Second, the Exchange proposes to                   contracts with a 10 share deliverable on that stock,
                                                           U.S.C. 78s(b)(1).                                                                                      Exchange-Traded Fund Share, Trust Issued Receipt,
                                                      2 17 CFR 240.19b–4.
                                                                                                            increase the fee for fee code RR from
                                                                                                                                                                  Exchange Traded Note, and other Index Linked
                                                      3 15 U.S.C. 78s(b)(3)(A)(ii).                         $1.00 per contract to $1.10 per contract              Security may be listed for all expirations opened for
                                                      4 17 CFR 240.19b–4(f)(2).                             to account for the cost of routing to                 trading on the Exchange. See Exchange Rule.19.6.
                                                      5 The term ‘‘Member’’ is defined as ‘‘any                                                                   Interpretations and Policies .07
                                                    registered broker or dealer that has been admitted        6 As defined in the Exchange’s fee schedule            11 Fee code DM is appended to an order executed

                                                    to membership in the Exchange.’’ See Exchange           available at http://www.bats.com/us/options/          at a Member’s directed destinations when bypassing
                                                    Rule 1.5(n).                                            membership/fee_schedule/bzx/.                         the Bats Options order book, executed in Mini



                                               VerDate Sep<11>2014   19:05 Feb 15, 2017   Jkt 241001   PO 00000   Frm 00052   Fmt 4703   Sfmt 4703   E:\FR\FM\16FEN1.SGM    16FEN1


                                                                                Federal Register / Vol. 82, No. 31 / Thursday, February 16, 2017 / Notices                                           10923

                                                    MA,12 MR,13 ZC,14 and ZF 15 from the                    a reasonable, fair and equitable                        general, protecting investors and the
                                                    Fee Codes and Associate Fees table and                  approach to pricing. Specifically, the                  public interest.
                                                    updating the Standard Rates table to                    Exchange believes that its proposal to
                                                                                                                                                                    B. Self-Regulatory Organization’s
                                                    reflect the removal of these fee codes.                 adopt routing fees to MIAX PEARL is
                                                                                                                                                                    Statement on Burden on Competition
                                                                                                            fair, equitable and reasonable because
                                                    Implementation Date
                                                                                                            the fees are generally an approximation                    The Exchange does not believe that
                                                      The Exchange proposes to implement                    of the anticipated cost to the Exchange                 the proposed rule change will impose
                                                    the proposed rule change on February 1,                 for routing orders to MIAX PEARL. The                   any burden on competition not
                                                    2017.16                                                 Exchange notes that routing through the                 necessary or appropriate in furtherance
                                                    2. Statutory Basis                                      Exchange is voluntary. The Exchange                     of the purposes of the Act. The
                                                                                                            also believes that the proposed fee                     Exchange believes the proposed routing
                                                       The Exchange believes that the                       structure for orders routed to and                      fee will not impose an undue burden on
                                                    proposed rule change is consistent with                 executed at MIAX PEARL is fair and                      competition because the Exchange will
                                                    the objectives of Section 6 of the Act,17               equitable and not unreasonably                          uniformly assess the routing fee on all
                                                    in general, and furthers the objectives of              discriminatory in that it applies equally               Members. The Exchange does not
                                                    Section 6(b)(4),18 in particular, as it is              to all Members.                                         believe that the proposed changes
                                                    designed to provide for the equitable
                                                                                                            Market Maker Non-Penny Pilot Add                        represent a significant departure from
                                                    allocation of reasonable dues, fees and
                                                                                                            Volume Tier 3                                           routing fees offered by the Exchange’s
                                                    other charges among its Members and
                                                                                                                                                                    competitors. Additionally, Members
                                                    other persons using its facilities. The                   The Exchange believes that the                        may opt to disfavor the Exchange’s
                                                    Exchange also notes that it operates in                 proposed rule change to modify the                      pricing if they believe that alternatives
                                                    a highly-competitive market in which                    required criteria of the Market Maker                   offer them better value or if they view
                                                    market participants can readily direct                  Non-Penny Pilot Add Volume Tier 3 is
                                                                                                                                                                    the proposed fee as excessive.
                                                    order flow to competing venues if they                  consistent with Section 6(b)(4) of the
                                                                                                                                                                    Accordingly, the Exchange does not
                                                    deem fee levels at a particular venue to                Act,19 in that it provides for the
                                                                                                                                                                    believe that the proposed change will
                                                    be excessive. The proposed rule change                  equitable allocation of reasonable dues,
                                                                                                                                                                    impair the ability of Members or
                                                    reflects a competitive pricing structure                fees and other charges among members
                                                                                                                                                                    competing venues to maintain their
                                                    designed to incentivize market                          and other persons using any facility or
                                                                                                                                                                    competitive standing in the financial
                                                    participants to direct their order flow to              system which the Exchange operates or
                                                                                                                                                                    markets. The Exchange does not believe
                                                    the Exchange. The Exchange believes                     controls. Volume-based rebates such as
                                                                                                                                                                    that the proposed change to the
                                                    that the proposed tier is equitable and                 those currently maintained on the
                                                                                                                                                                    Exchange’s tiered pricing structure
                                                    non-discriminatory in that it would                     Exchange have been widely adopted by
                                                                                                            equities and options exchanges and are                  burdens competition, but instead,
                                                    apply uniformly to all Members. The
                                                                                                            equitable because they are open to all                  enhances competition as it is intended
                                                    Exchange believes the rates remain
                                                                                                            Members on an equal basis and provide                   to increase the competitiveness of the
                                                    competitive with those charged by other
                                                                                                            additional benefits or discounts that are               Exchange. Further, excessive fees for
                                                    venues and, therefore, are reasonable
                                                                                                            reasonably related to the value to an                   participation would serve to impair an
                                                    and equitably allocated to Members.
                                                                                                            exchange’s market quality associated                    exchange’s ability to compete for order
                                                    Modifications to Fee Codes RQ and RR                    with higher levels of market activity,                  flow and members rather than
                                                    To Include Routing to MIAX PEARL                        such as higher levels of liquidity                      burdening competition. Lastly, the
                                                      As explained above, the Exchange                      provision and/or growth patterns, and                   Exchange believes removing fees for
                                                    generally attempts to approximate the                   introduction of higher volumes of orders                Mini Options from its fee schedule will
                                                    cost of routing to other options                        into the price and volume discovery                     not have impact on competition as it is
                                                    exchanges, including other applicable                   processes. Decreasing the criteria is                   simply designed to eliminate potential
                                                    costs to the Exchange for routing. The                  intended to incentivize additional                      investor confusion by eliminating fees
                                                    Exchange believes its proposed fees are                 Members to send orders to the Exchange                  for products no longer available on the
                                                    equitable and reasonable by taking into                 in an effort to qualify for the enhanced                Exchange.
                                                    account Routing Costs based on the                      rebate made available by the tier.                      C. Self-Regulatory Organization’s
                                                    rates charged by MIAX PEARL. The                                                                                Statement on Comments on the
                                                    Exchange believes that a pricing model                  Elimination of References to Mini
                                                                                                            Options                                                 Proposed Rule Change Received From
                                                    based on approximate Routing Costs is                                                                           Members, Participants, or Others
                                                                                                              The Exchange believes it is equitable,
                                                    Options Securities, and is assessed a fee of $0.15      reasonable, and not unfairly                              The Exchange has not solicited, and
                                                    per contract.                                           discriminatory to delete fees for Mini                  does not intend to solicit, comments on
                                                       12 Fee code MA is appended to a Member’s order
                                                                                                            Options from its fee schedule because                   this proposed rule change. The
                                                    which adds liquidity in Mini Options Securities,                                                                Exchange has not received any
                                                    and is not assessed a fee.                              the Mini Options listed and traded on
                                                       13 Fee code MR is appended to a Member’s order       BZX Options expired in January 2017                     unsolicited written comments from
                                                    which removes liquidity in Mini Options                 and no other series of Mini Options                     Members or other interested parties.
                                                    Securities, and is not assessed a fee.                  currently trade nor will any new series
                                                       14 Fee code ZC is appended to a Member’s routed                                                              III. Date of Effectiveness of the
                                                                                                            of Mini Options be trading on BZX                       Proposed Rule Change and Timing for
                                                    Customer order in Mini Options Securities, and is
                                                                                                            Options. The Exchange believes that the
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                                                    assessed a fee of $0.12.                                                                                        Commission Action
                                                       15 Fee code ZF is appended to a Member’s routed      proposed changes will make the fee
                                                    Non-Customer order in Mini Options Securities,          schedule clearer and eliminate potential                   The foregoing rule change has become
                                                    and is assessed a fee of $0.12.                         investor confusion, thereby removing                    effective pursuant to Section 19(b)(3)(A)
                                                       16 The Exchange notes that the date of its fee
                                                                                                            impediments to and perfecting the                       of the Act 20 and paragraph (f) of Rule
                                                    schedule was previously amended to state February
                                                    1, 2017 in SR–BatsBZX–2017–02 (filed January 30,        mechanism of a free and open market                     19b–4 thereunder.21 At any time within
                                                    2017).                                                  and a national market system, and in
                                                       17 15 U.S.C. 78f.                                                                                              20 15   U.S.C. 78s(b)(3)(A).
                                                       18 15 U.S.C. 78f(b)(4).                                19 15   U.S.C. 78f(b)(4).                               21 17   CFR 240.19b–4(f).



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                                                    10924                       Federal Register / Vol. 82, No. 31 / Thursday, February 16, 2017 / Notices

                                                    60 days of the filing of the proposed rule              BatsBZX–2017–12 and should be                             Statements also will be available for
                                                    change, the Commission summarily may                    submitted on or before March 9, 2017.                  Web site viewing and printing in the
                                                    temporarily suspend such rule change if                   For the Commission, by the Division of               Commission’s Public Reference Room,
                                                    it appears to the Commission that such                  Trading and Markets, pursuant to delegated             100 F Street NE., Room 1503,
                                                    action is necessary or appropriate in the               authority.22                                           Washington, DC 20549, on official
                                                    public interest, for the protection of                  Eduardo A. Aleman,                                     business days between the hours of
                                                    investors, or otherwise in furtherance of               Assistant Secretary.                                   10:00 a.m. and 3:00 p.m. All statements
                                                    the purposes of the Act.                                [FR Doc. 2017–03102 Filed 2–15–17; 8:45 am]
                                                                                                                                                                   received will be posted without change;
                                                                                                                                                                   we do not edit personal identifying
                                                    IV. Solicitation of Comments                            BILLING CODE 8011–01–P
                                                                                                                                                                   information from submissions. You
                                                      Interested persons are invited to                                                                            should submit only information that
                                                    submit written data, views, and                         SECURITIES AND EXCHANGE                                you wish to make available publicly.
                                                    arguments concerning the foregoing,                     COMMISSION                                             FOR FURTHER INFORMATION CONTACT:
                                                    including whether the proposed rule                                                                            Marc Oorloff Sharma, Chief Counsel,
                                                    change is consistent with the Act.                      [Release Nos. 33–10306; 34–80024; File No.             Office of the Investor Advocate, at (202)
                                                    Comments may be submitted by any of                     265–28]
                                                                                                                                                                   551–3302, Securities and Exchange
                                                    the following methods:                                                                                         Commission, 100 F Street NE.,
                                                                                                            Investor Advisory Committee Meeting
                                                    Electronic Comments                                                                                            Washington, DC 20549.
                                                                                                            AGENCY:  Securities and Exchange                       SUPPLEMENTARY INFORMATION: The
                                                      • Use the Commission’s Internet                       Commission.                                            meeting will be open to the public,
                                                    comment form (http://www.sec.gov/                       ACTION: Notice of Meeting of Securities                except during that portion of the
                                                    rules/sro.shtml); or                                    and Exchange Commission Dodd-Frank                     meeting reserved for an administrative
                                                      • Send an email to rule-comments@                     Investor Advisory Committee.                           work session during lunch. Persons
                                                    sec.gov. Please include File Number SR–                                                                        needing special accommodations to take
                                                    BatsBZX–2017–12 on the subject line.                    SUMMARY:   The Securities and Exchange                 part because of a disability should
                                                                                                            Commission Investor Advisory                           notify the contact person listed in the
                                                    Paper Comments
                                                                                                            Committee, established pursuant to                     section above entitled FOR FURTHER
                                                       • Send paper comments in triplicate                  Section 911 of the Dodd-Frank Wall                     INFORMATION CONTACT.
                                                    to Brent J. Fields, Secretary, Securities               Street Reform and Consumer Protection                     The agenda for the meeting includes:
                                                    and Exchange Commission, 100 F Street                   Act of 2010, is providing notice that it               Remarks from Commissioners; a
                                                    NE., Washington, DC 20549–1090.                         will hold a public meeting. The public                 discussion regarding SEC investor
                                                    All submissions should refer to File                    is invited to submit written statements                research initiatives, the FINRA 2016
                                                    Number SR–BatsBZX–2017–12. This file                    to the Committee.                                      Financial Capability Study, and
                                                    number should be included on the                        DATES: The meeting will be held on                     academic research on financial literacy;
                                                    subject line if email is used. To help the              Thursday, March 9, 2017 from 9:00 a.m.                 a discussion regarding unequal voting
                                                    Commission process and review your                      until 11:55 a.m. (ET). Written statements              rights of common stock; a report on the
                                                    comments more efficiently, please use                   should be received on or before March                  nonpublic administrative work session;
                                                    only one method. The Commission will                    9, 2017.                                               and a nonpublic administrative work
                                                    post all comments on the Commission’s                   ADDRESSES: The meeting will be held in                 session during lunch.
                                                    Internet Web site (http://www.sec.gov/                  Multi-Purpose Room LL–006 at the                         Dated: February 13, 2017.
                                                    rules/sro.shtml). Copies of the                         Commission’s headquarters, 100 F                       Brent J. Fields,
                                                    submission, all subsequent                              Street NE., Washington, DC 20549. The                  Secretary.
                                                    amendments, all written statements                      meeting will be webcast on the                         [FR Doc. 2017–03122 Filed 2–15–17; 8:45 am]
                                                    with respect to the proposed rule                       Commission’s Web site at www.sec.gov.
                                                                                                                                                                   BILLING CODE 8011–01–P
                                                    change that are filed with the                          Written statements may be submitted by
                                                    Commission, and all written                             any of the following methods:
                                                    communications relating to the                                                                                 SECURITIES AND EXCHANGE
                                                    proposed rule change between the                        Electronic Statements
                                                                                                                                                                   COMMISSION
                                                    Commission and any person, other than                     D Use the Commission’s Internet
                                                    those that may be withheld from the                     submission form (http://www.sec.gov/                   [Release No. 34–80013; File No. SR–
                                                    public in accordance with the                           rules/other.shtml); or                                 NASDAQ–2016–183]
                                                    provisions of 5 U.S.C. 552, will be                       D Send an email message to rules-
                                                    available for Web site viewing and                      comments@sec.gov. Please include File                  Self-Regulatory Organizations; The
                                                    printing in the Commission’s Public                     No. 265–28 on the subject line; or                     NASDAQ Stock Market LLC; Order
                                                    Reference Room, 100 F Street NE.,                                                                              Granting Approval of a Proposed Rule
                                                                                                            Paper Statements                                       Change To Conform to Proposed
                                                    Washington, DC 20549, on official
                                                    business days between the hours of                        D Send paper statements to Brent J.                  Amendment to Rule 15c6–1(a) Under
                                                    10:00 a.m. and 3:00 p.m. Copies of the                  Fields, Secretary, Securities and                      the Securities Exchange Act of 1934 To
                                                    filing also will be available for                       Exchange Commission, 100 F Street NE.,                 Shorten the Standard Settlement Cycle
                                                    inspection and copying at the principal                 Washington, DC 20549–1090.                             From Three Business Days After the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    office of the Exchange. All comments                                                                           Trade Date to Two Business Days After
                                                                                                            All submissions should refer to File No.
                                                    received will be posted without change;                                                                        the Trade Date
                                                                                                            265–28. This file number should be
                                                    the Commission does not edit personal                   included on the subject line if email is               February 10, 2017.
                                                    identifying information from                            used. To help us process and review
                                                    submissions. You should submit only                     your statement more efficiently, please                I. Introduction
                                                    information that you wish to make                       use only one method.                                      On December 22, 2016, The NASDAQ
                                                    available publicly. All submissions                                                                            Stock Market LLC (‘‘Nasdaq’’ or
                                                    should refer to File Number SR–                           22 17   CFR 200.30–3(a)(12).                         ‘‘Exchange’’) filed with the Securities


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Document Created: 2018-02-01 15:02:28
Document Modified: 2018-02-01 15:02:28
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 Citation82 FR 10922 

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