82_FR_14312 82 FR 14261 - Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchange's Transaction Fees at Rule 7018

82 FR 14261 - Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchange's Transaction Fees at Rule 7018

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 51 (March 17, 2017)

Page Range14261-14263
FR Document2017-05339

Federal Register, Volume 82 Issue 51 (Friday, March 17, 2017)
[Federal Register Volume 82, Number 51 (Friday, March 17, 2017)]
[Notices]
[Pages 14261-14263]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05339]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80224; File No. SR-BX-2017-017]


Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend the 
Exchange's Transaction Fees at Rule 7018

March 13, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on March 1, 2017, NASDAQ BX, Inc. (``BX'' or ``Exchange'') filed with 
the Securities and Exchange Commission (``SEC'' or ``Commission'') the 
proposed rule change as described in Items I, II, and III, below, which 
Items have been prepared by the Exchange. The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend the Exchange's transaction fees at 
Rule 7018 to add a new charge for providing liquidity on the BX equity 
market.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqbx.cchwallstreet.com/, at the principal office 
of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to amend the Exchange's 
transaction fees at Rule 7018 to add a reduced fee for providing 
liquidity on the BX equity market if certain volume requirements are 
met. The Exchange operates on the ``taker-maker'' model, whereby it 
pays rebates to members that take liquidity and charges fees to members 
that provide liquidity. Currently, a member that adds liquidity through 
a displayed order and that does not qualify for one of the current 
reduced fees would be assessed a charge of $0.0020 per share executed. 
With this proposal, the Exchange proposes to charge $0.0018 per share 
executed for a displayed order entered by a member that adds liquidity 
equal to or exceeding the member's Growth Target. The Growth Target is 
defined as the liquidity the member added in January 2017 as a percent 
of total Consolidated Volume plus 0.04% of total Consolidated 
Volume.\3\ As such, if the member added liquidity that represented 
0.10% of total Consolidated Volume in January, the member's Growth 
Target would be 0.14% of total Consolidated Volume. A member that added 
0.14% of total Consolidated Volume in March would therefore qualify for 
the reduced fee in March.\4\
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    \3\ Rule 7018(a) defines ``Consolidated Volume'' as the total 
consolidated volume reported to all consolidated transaction 
reporting plans by all exchanges and trade reporting facilities 
during a month in equity securities, excluding executed orders with 
a size of less than one round lot. For purposes of calculating 
Consolidated Volume and the extent of a member's trading activity, 
the date of the annual reconstitution of the Russell Investments 
Indexes shall be excluded from both total Consolidated Volume and 
the member's trading activity.
    \4\ If a member was not active in the month of January, its 
Growth Target would be 0.04% for purposes of determining the 
eligibility for this fee.
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    The purpose of this reduced fee is to incentivize members to add 
additional liquidity to the Exchange, thereby increasing the market 
quality of the Exchange and benefitting all participants.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\5\ in general, and furthers the objectives of Sections 
6(b)(4) and 6(b)(5) of the Act,\6\ in particular, in that it provides 
for the equitable allocation of reasonable dues, fees and other charges 
among members and issuers and other persons using any facility, and is 
not designed to permit unfair discrimination between customers, 
issuers, brokers, or dealers.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes the proposed fee of $0.0018 per share 
executed is reasonable. The charge for adding

[[Page 14262]]

displayed liquidity to the Exchange set forth in Rule 7018(a) ranges 
from $0.0014 per share executed to $0.0020 per share executed, 
depending on whether any required volume thresholds were met. The 
Exchange believes that the proposed fee of $0.0018 is reasonable, 
because it is consistent with other of the Exchange's charges for 
adding liquidity, while it is sufficiently low that it incentivizes 
members to add increased liquidity.
    The Exchange also believes that the corresponding volume threshold 
to qualify for the fee, and the utilization of January 2017 as the base 
for the Growth Target, is reasonable. The requirement that a member add 
0.04% over its January added liquidity as a percent of Consolidated 
Volume is a meaningful requirement which is designed to incentivize 
members to add liquidity. In addition, the proposed volume threshold is 
closely aligned with the amount of the transaction fee, and is 
consistent with similar volume requirements assessed by the Exchange in 
connection with other transaction fees.\7\ The Exchange believes that 
using January 2017 as the base for the Growth Target is reasonable 
because that month represents the most recent full month of trading, 
and because the selection of a previous month as a baseline prevents 
members from changing their behavior prospectively to influence their 
baseline, and thus, their eligibility for the reduced fee.
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    \7\ For example, the Exchange assesses a transaction fee of 
$0.0017 per share executed for a Displayed order entered by a member 
that adds liquidity equal to or exceeding 0.15% of total 
Consolidated Volume during a month, and $0.0024 per share executed 
for Non-displayed orders (other than orders with Midpoint pegging) 
entered by a member that adds 0.06% of total Consolidated Volume of 
non-displayed liquidity.
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    The Exchange also notes that the proposal is consistent with 
transaction fees and credits assessed by other exchanges. For example, 
Bats BZX Exchange, which operates a maker-taker model, pays a credit of 
$0.0030 per share for displayed orders if the member increases its 
share of total Consolidated Volume for adding liquidity by 0.15% or 
more in comparison to its volume in April 2016,\8\ and assesses a fee 
of $0.00295 per share if the member increases its share of total 
Consolidated Volume for removing liquidity by 0.05% or more in 
comparison to its July 2016 volume.\9\ Similarly, Bats EDGX Exchange 
pays a credit of $0.0032 per share if the member increases its share of 
total Consolidated Volume for adding liquidity by 0.10% or more in 
comparison to its volume in January 2017.\10\
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    \8\ To be eligible for this rebate, the member must also have an 
average daily added volume as a percentage of total Consolidated 
Volume that equals or exceeds 0.20%.
    \9\ To be eligible for this fee, the member must also have 
Customer orders that remove liquidity that equal or exceed 0.30% of 
total Consolidated Volume.
    \10\ To be eligible for this fee, the member must also add an 
average daily volume that equals or exceeds 0.40% of total 
Consolidated Volume.
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    BX also believes that the proposed change is equitably allocated 
among members, and is not designed to permit unfair discrimination. BX 
notes that participation on the Exchange, and eligibility for the 
reduced fee, is voluntary, and that the proposed charge applies to all 
members that otherwise qualify for the reduced fee, e.g., members that 
add 0.04% in excess of the liquidity added in January in a given month.
    In adopting this fee, the Exchange is providing members with 
another way in which they may qualify for a reduced transaction fee, 
while incentivizing members to add increased liquidity, thereby 
benefitting all participants. BX notes that a member that adds 0.04% in 
excess of its January liquidity provided as a percent of total 
Consolidated Volume would continue to be eligible for the reduced fee 
for each month in which it met this requirement. BX believes this 
aspect of the proposal is equitable and not unfairly discriminatory, as 
this way to receive an ongoing reduced transaction fee is open to any 
member that elects to meet the volume requirements.

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. In terms of inter-market 
competition, the Exchange notes that it operates in a highly 
competitive market in which market participants can readily favor 
competing venues if they deem fee levels at a particular venue to be 
excessive, or rebate opportunities available at other venues to be more 
favorable.
    In such an environment, the Exchange must continually adjust its 
fees to remain competitive with other exchanges and with alternative 
trading systems that have been exempted from compliance with the 
statutory standards applicable to exchanges. Because competitors are 
free to modify their own fees in response, and because market 
participants may readily adjust their order routing practices, the 
Exchange believes that the degree to which fee changes in this market 
may impose any burden on competition is extremely limited.
    In this instance, the proposed fee does not impose a burden on 
competition because the Exchange's execution services are completely 
voluntary and subject to extensive competition both from other 
exchanges and from off-exchange venues. The new fee is consistent with 
transaction fees and credits currently assessed by other exchanges. The 
new fee applies equally to all members that meet the volume 
requirements, and all similarly situated members are equally capable of 
qualifying for the fee if they choose to meet the volume requirements. 
Moreover, the same fee will be assessed to all members that qualify for 
the volume requirement. Finally, the purpose of the reduced fee is to 
incentivize members to add liquidity to the Exchange, potentially 
attracting additional participants to the Exchange and thereby 
promoting competition.
    In sum, if the changes proposed herein are unattractive to market 
participants, it is likely that the Exchange will lose market share as 
a result. Accordingly, the Exchange does not believe that the proposed 
changes will impair the ability of members or competing order execution 
venues to maintain their competitive standing in the financial markets.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Act.\11\
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    \11\ 15 U.S.C. 78s(b)(3)(A)(ii).
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    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: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing,

[[Page 14263]]

including whether the proposed rule change is consistent with the Act. 
Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-BX-2017-017 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-BX-2017-017. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly.
    All submissions should refer to File Number SR-BX-2017-017 and 
should be submitted on or before April 7, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-05339 Filed 3-16-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                      Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Notices                                                       14261

                                                    including whether the proposal is                         SECURITIES AND EXCHANGE                                 transaction fees at Rule 7018 to add a
                                                    consistent with the Act. Comments may                     COMMISSION                                              reduced fee for providing liquidity on
                                                    be submitted by any of the following                                                                              the BX equity market if certain volume
                                                                                                              [Release No. 34–80224; File No. SR–BX–
                                                    methods:                                                  2017–017]
                                                                                                                                                                      requirements are met. The Exchange
                                                                                                                                                                      operates on the ‘‘taker-maker’’ model,
                                                    Electronic Comments                                                                                               whereby it pays rebates to members that
                                                                                                              Self-Regulatory Organizations;
                                                      • Use the Commission’s Internet                         NASDAQ BX, Inc.; Notice of Filing and                   take liquidity and charges fees to
                                                    comment form (http://www.sec.gov/                         Immediate Effectiveness of Proposed                     members that provide liquidity.
                                                    rules/sro.shtml); or                                      Rule Change To Amend the                                Currently, a member that adds liquidity
                                                                                                              Exchange’s Transaction Fees at Rule                     through a displayed order and that does
                                                      • Send an email to rule-comments@                                                                               not qualify for one of the current
                                                    sec.gov. Please include File No. SR–                      7018
                                                                                                                                                                      reduced fees would be assessed a charge
                                                    BatsBYX–2017–05 on the subject line.                      March 13, 2017.                                         of $0.0020 per share executed. With this
                                                    Paper Comments                                               Pursuant to Section 19(b)(1) of the                  proposal, the Exchange proposes to
                                                                                                              Securities Exchange Act of 1934                         charge $0.0018 per share executed for a
                                                      • Send paper comments in triplicate                     (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 displayed order entered by a member
                                                    to Secretary, Securities and Exchange                     notice is hereby given that on March 1,                 that adds liquidity equal to or exceeding
                                                    Commission, 100 F Street NE.,                             2017, NASDAQ BX, Inc. (‘‘BX’’ or                        the member’s Growth Target. The
                                                    Washington, DC 20549–1090.                                ‘‘Exchange’’) filed with the Securities                 Growth Target is defined as the liquidity
                                                                                                              and Exchange Commission (‘‘SEC’’ or                     the member added in January 2017 as a
                                                    All submissions should refer to File No.                  ‘‘Commission’’) the proposed rule                       percent of total Consolidated Volume
                                                    SR–BatsBYX–2017–05. This file number                      change as described in Items I, II, and                 plus 0.04% of total Consolidated
                                                    should be included on the subject line                    III, below, which Items have been                       Volume.3 As such, if the member added
                                                    if email is used. To help the                             prepared by the Exchange. The                           liquidity that represented 0.10% of total
                                                    Commission process and review your                        Commission is publishing this notice to                 Consolidated Volume in January, the
                                                    comments more efficiently, please use                     solicit comments on the proposed rule                   member’s Growth Target would be
                                                    only one method. The Commission will                      change from interested persons.                         0.14% of total Consolidated Volume. A
                                                    post all comments on the Commission’s                                                                             member that added 0.14% of total
                                                    Internet Web site (http://www.sec.gov/                    I. Self-Regulatory Organization’s
                                                                                                              Statement of the Terms of Substance of                  Consolidated Volume in March would
                                                    rules/sro.shtml). Copies of the                                                                                   therefore qualify for the reduced fee in
                                                    submission, all subsequent                                the Proposed Rule Change
                                                                                                                                                                      March.4
                                                    amendments, all written statements                           The Exchange proposes to amend the                      The purpose of this reduced fee is to
                                                    with respect to the proposed rule                         Exchange’s transaction fees at Rule 7018                incentivize members to add additional
                                                    change that are filed with the                            to add a new charge for providing                       liquidity to the Exchange, thereby
                                                    Commission, and all written                               liquidity on the BX equity market.                      increasing the market quality of the
                                                    communications relating to the                               The text of the proposed rule change                 Exchange and benefitting all
                                                    proposed rule change between the                          is available on the Exchange’s Web site                 participants.
                                                    Commission and any person, other than                     at http://nasdaqbx.cchwallstreet.com/,
                                                    those that may be withheld from the                       at the principal office of the Exchange,                2. Statutory Basis
                                                    public in accordance with the                             and at the Commission’s Public                             The Exchange believes that its
                                                    provisions of 5 U.S.C. 552, will be                       Reference Room.                                         proposal is consistent with Section 6(b)
                                                    available for Web site viewing and                        II. Self-Regulatory Organization’s                      of the Act,5 in general, and furthers the
                                                    printing in the Commission’s Public                       Statement of the Purpose of, and                        objectives of Sections 6(b)(4) and 6(b)(5)
                                                    Reference Room, 100 F Street NE.,                         Statutory Basis for, the Proposed Rule                  of the Act,6 in particular, in that it
                                                    Washington, DC 20549, on official                         Change                                                  provides for the equitable allocation of
                                                    business days between the hours of                                                                                reasonable dues, fees and other charges
                                                    10:00 a.m. and 3:00 p.m. Copies of such                      In its filing with the Commission, the               among members and issuers and other
                                                    filing will also be available for                         Exchange included statements                            persons using any facility, and is not
                                                    inspection and copying at the principal                   concerning the purpose of and basis for                 designed to permit unfair
                                                    office of the Exchange. All comments                      the proposed rule change and discussed                  discrimination between customers,
                                                    received will be posted without change;                   any comments it received on the                         issuers, brokers, or dealers.
                                                    the Commission does not edit personal                     proposed rule change. The text of these                    The Exchange believes the proposed
                                                    identifying information from                              statements may be examined at the                       fee of $0.0018 per share executed is
                                                    submissions. You should submit only                       places specified in Item IV below. The                  reasonable. The charge for adding
                                                    information that you wish to make                         Exchange has prepared summaries, set
                                                    available publicly. All submissions                       forth in sections A, B, and C below, of                    3 Rule 7018(a) defines ‘‘Consolidated Volume’’ as

                                                                                                              the most significant aspects of such                    the total consolidated volume reported to all
                                                    should refer to File No. SR–BatsBYX–                                                                              consolidated transaction reporting plans by all
                                                    2017–05 and should be submitted on or                     statements.                                             exchanges and trade reporting facilities during a
                                                    before April 7, 2017.                                     A. Self-Regulatory Organization’s                       month in equity securities, excluding executed
                                                                                                                                                                      orders with a size of less than one round lot. For
                                                      For the Commission, by the Division of                  Statement of the Purpose of, and                        purposes of calculating Consolidated Volume and
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Trading and Markets, pursuant to delegated                Statutory Basis for, the Proposed Rule                  the extent of a member’s trading activity, the date
                                                    authority.21                                              Change                                                  of the annual reconstitution of the Russell
                                                                                                                                                                      Investments Indexes shall be excluded from both
                                                    Eduardo A. Aleman,                                        1. Purpose                                              total Consolidated Volume and the member’s
                                                    Assistant Secretary.                                                                                              trading activity.
                                                                                                                 The purpose of the proposed rule                        4 If a member was not active in the month of
                                                    [FR Doc. 2017–05336 Filed 3–16–17; 8:45 am]
                                                                                                              change is to amend the Exchange’s                       January, its Growth Target would be 0.04% for
                                                    BILLING CODE 8011–01–P                                                                                            purposes of determining the eligibility for this fee.
                                                                                                                1 15   U.S.C. 78s(b)(1).                                 5 15 U.S.C. 78f(b).
                                                      21 17   CFR 200.30–3(a)(12).                              2 17   CFR 240.19b–4.                                    6 15 U.S.C. 78f(b)(4) and (5).




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                                                    14262                            Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Notices

                                                    displayed liquidity to the Exchange set                  Exchange pays a credit of $0.0032 per                burden on competition is extremely
                                                    forth in Rule 7018(a) ranges from                        share if the member increases its share              limited.
                                                    $0.0014 per share executed to $0.0020                    of total Consolidated Volume for adding                 In this instance, the proposed fee does
                                                    per share executed, depending on                         liquidity by 0.10% or more in                        not impose a burden on competition
                                                    whether any required volume                              comparison to its volume in January                  because the Exchange’s execution
                                                    thresholds were met. The Exchange                        2017.10                                              services are completely voluntary and
                                                    believes that the proposed fee of                           BX also believes that the proposed                subject to extensive competition both
                                                    $0.0018 is reasonable, because it is                     change is equitably allocated among                  from other exchanges and from off-
                                                    consistent with other of the Exchange’s                  members, and is not designed to permit               exchange venues. The new fee is
                                                    charges for adding liquidity, while it is                unfair discrimination. BX notes that                 consistent with transaction fees and
                                                    sufficiently low that it incentivizes                    participation on the Exchange, and                   credits currently assessed by other
                                                    members to add increased liquidity.                      eligibility for the reduced fee, is                  exchanges. The new fee applies equally
                                                       The Exchange also believes that the                   voluntary, and that the proposed charge              to all members that meet the volume
                                                    corresponding volume threshold to                        applies to all members that otherwise                requirements, and all similarly situated
                                                    qualify for the fee, and the utilization of              qualify for the reduced fee, e.g.,                   members are equally capable of
                                                    January 2017 as the base for the Growth                  members that add 0.04% in excess of                  qualifying for the fee if they choose to
                                                    Target, is reasonable. The requirement                   the liquidity added in January in a given            meet the volume requirements.
                                                    that a member add 0.04% over its                         month.                                               Moreover, the same fee will be assessed
                                                    January added liquidity as a percent of                     In adopting this fee, the Exchange is             to all members that qualify for the
                                                    Consolidated Volume is a meaningful                      providing members with another way in                volume requirement. Finally, the
                                                    requirement which is designed to                         which they may qualify for a reduced                 purpose of the reduced fee is to
                                                    incentivize members to add liquidity. In                 transaction fee, while incentivizing                 incentivize members to add liquidity to
                                                    addition, the proposed volume                            members to add increased liquidity,                  the Exchange, potentially attracting
                                                    threshold is closely aligned with the                    thereby benefitting all participants. BX             additional participants to the Exchange
                                                    amount of the transaction fee, and is                    notes that a member that adds 0.04% in               and thereby promoting competition.
                                                    consistent with similar volume                           excess of its January liquidity provided                In sum, if the changes proposed
                                                    requirements assessed by the Exchange                    as a percent of total Consolidated                   herein are unattractive to market
                                                    in connection with other transaction                     Volume would continue to be eligible                 participants, it is likely that the
                                                    fees.7 The Exchange believes that using                  for the reduced fee for each month in                Exchange will lose market share as a
                                                    January 2017 as the base for the Growth                  which it met this requirement. BX                    result. Accordingly, the Exchange does
                                                    Target is reasonable because that month                  believes this aspect of the proposal is              not believe that the proposed changes
                                                    represents the most recent full month of                 equitable and not unfairly                           will impair the ability of members or
                                                    trading, and because the selection of a                  discriminatory, as this way to receive an            competing order execution venues to
                                                    previous month as a baseline prevents                    ongoing reduced transaction fee is open              maintain their competitive standing in
                                                    members from changing their behavior                     to any member that elects to meet the                the financial markets.
                                                    prospectively to influence their                         volume requirements.
                                                    baseline, and thus, their eligibility for                                                                     C. Self-Regulatory Organization’s
                                                    the reduced fee.                                         B. Self-Regulatory Organization’s                    Statement on Comments on the
                                                       The Exchange also notes that the                      Statement on Burden on Competition                   Proposed Rule Change Received From
                                                    proposal is consistent with transaction                    The Exchange does not believe that                 Members, Participants, or Others
                                                    fees and credits assessed by other                       the proposed rule change will impose                   No written comments were either
                                                    exchanges. For example, Bats BZX                         any burden on competition not                        solicited or received.
                                                    Exchange, which operates a maker-taker                   necessary or appropriate in furtherance
                                                    model, pays a credit of $0.0030 per                                                                           III. Date of Effectiveness of the
                                                                                                             of the purposes of the Act. In terms of              Proposed Rule Change and Timing for
                                                    share for displayed orders if the member                 inter-market competition, the Exchange
                                                    increases its share of total Consolidated                                                                     Commission Action
                                                                                                             notes that it operates in a highly
                                                    Volume for adding liquidity by 0.15%                     competitive market in which market                      The foregoing rule change has become
                                                    or more in comparison to its volume in                   participants can readily favor competing             effective pursuant to Section
                                                    April 2016,8 and assesses a fee of                       venues if they deem fee levels at a                  19(b)(3)(A)(ii) of the Act.11
                                                    $0.00295 per share if the member                         particular venue to be excessive, or                    At any time within 60 days of the
                                                    increases its share of total Consolidated                rebate opportunities available at other              filing of the proposed rule change, the
                                                    Volume for removing liquidity by 0.05%                   venues to be more favorable.                         Commission summarily may
                                                    or more in comparison to its July 2016                     In such an environment, the Exchange               temporarily suspend such rule change if
                                                    volume.9 Similarly, Bats EDGX                            must continually adjust its fees to                  it appears to the Commission that such
                                                                                                             remain competitive with other                        action is: (i) Necessary or appropriate in
                                                       7 For example, the Exchange assesses a
                                                                                                             exchanges and with alternative trading               the public interest; (ii) for the protection
                                                    transaction fee of $0.0017 per share executed for a
                                                    Displayed order entered by a member that adds            systems that have been exempted from                 of investors; or (iii) otherwise in
                                                    liquidity equal to or exceeding 0.15% of total           compliance with the statutory standards              furtherance of the purposes of the Act.
                                                    Consolidated Volume during a month, and $0.0024          applicable to exchanges. Because                     If the Commission takes such action, the
                                                    per share executed for Non-displayed orders (other                                                            Commission shall institute proceedings
                                                    than orders with Midpoint pegging) entered by a
                                                                                                             competitors are free to modify their own
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    member that adds 0.06% of total Consolidated             fees in response, and because market                 to determine whether the proposed rule
                                                    Volume of non-displayed liquidity.                       participants may readily adjust their                should be approved or disapproved.
                                                       8 To be eligible for this rebate, the member must
                                                                                                             order routing practices, the Exchange                IV. Solicitation of Comments
                                                    also have an average daily added volume as a
                                                    percentage of total Consolidated Volume that equals
                                                                                                             believes that the degree to which fee
                                                                                                             changes in this market may impose any                  Interested persons are invited to
                                                    or exceeds 0.20%.
                                                       9 To be eligible for this fee, the member must also
                                                                                                                                                                  submit written data, views, and
                                                    have Customer orders that remove liquidity that            10 To be eligible for this fee, the member must    arguments concerning the foregoing,
                                                    equal or exceed 0.30% of total Consolidated              also add an average daily volume that equals or
                                                    Volume.                                                  exceeds 0.40% of total Consolidated Volume.            11 15   U.S.C. 78s(b)(3)(A)(ii).



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                                                                                      Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Notices                                                     14263

                                                    including whether the proposed rule                       SECURITIES AND EXCHANGE                                 A. Self-Regulatory Organization’s
                                                    change is consistent with the Act.                        COMMISSION                                              Statement of the Purpose of, and the
                                                    Comments may be submitted by any of                                                                               Statutory Basis for, the Proposed Rule
                                                    the following methods:                                    [Release No. 34–80227; File No. SR–CHX–                 Change
                                                    Electronic Comments                                       2017–05]                                                1. Purpose
                                                      • Use the Commission’s Internet                         Self-Regulatory Organizations;                             Article 20, Rule 13(b) (Compliance
                                                    comment form (http://www.sec.gov/                         Chicago Stock Exchange, Inc.; Notice                    with Data Collection Requirements) 3
                                                    rules/sro.shtml); or                                      of Filing and Immediate Effectiveness                   implements the data collection and Web
                                                                                                                                                                      site publication requirements of the
                                                      • Send an email to rule-comments@                       of a Proposed Rule Change To Modify
                                                                                                                                                                      Plan.4 Paragraph .08 of Article 20, Rule
                                                    sec.gov. Please include File Number SR–                   the Date of Appendix B Web Site Data
                                                                                                                                                                      13(b) provides, among other things, that
                                                    BX–2017–017 on the subject line.                          Publication Pursuant to the Regulation
                                                                                                                                                                      the requirement that the Exchange make
                                                                                                              NMS Plan To Implement a Tick Size                       certain data publicly available on the
                                                    Paper Comments
                                                                                                              Pilot Program                                           Exchange or Designated Examining
                                                      • Send paper comments in triplicate                     March 13, 2017.                                         Authority’s (‘‘DEA’s’’) Web site
                                                    to Secretary, Securities and Exchange                                                                             pursuant to Appendix B and C to the
                                                    Commission, 100 F Street NE.,                                Pursuant to Section 19(b)(1) of the                  Plan shall commence at the beginning of
                                                    Washington, DC 20549–1090.                                Securities Exchange Act of 1934                         the Pilot Period,5 and that the Exchange
                                                                                                              (‘‘Act’’),1 and Rule 19b–4 2 thereunder,                shall make data for the Pre-Pilot Period
                                                    All submissions should refer to File
                                                                                                              notice is hereby given that on February                 publicly available on the Exchange Web
                                                    Number SR–BX–2017–017. This file
                                                                                                              28, 2017, the Chicago Stock Exchange,                   site pursuant to Appendix B to the Plan
                                                    number should be included on the
                                                                                                              Inc. (‘‘CHX’’ or the ‘‘Exchange’’) filed                by February 28, 2017.6
                                                    subject line if email is used. To help the
                                                    Commission process and review your                        with the Securities and Exchange                           The Exchange is proposing
                                                    comments more efficiently, please use                     Commission (‘‘Commission’’) the                         amendments to paragraph .08 of Article
                                                    only one method. The Commission will                      proposed rule change as described in                    20, Rule 13(b) to delay the date by
                                                    post all comments on the Commission’s                     Items I and II below, which Items have                  which Pre-Pilot and Pilot Appendix B
                                                    Internet Web site (http://www.sec.gov/                    been prepared by the Exchange. The                      data is to be made publicly available on
                                                    rules/sro.shtml). Copies of the                           Commission is publishing this notice to                 the Exchange’s Web site from February
                                                    submission, all subsequent                                solicit comments on the proposed rule                   28, 2017, until April 28, 2017.7
                                                    amendments, all written statements                        change from interested persons.                            In the SRO Tick Size Plan Proposal,
                                                    with respect to the proposed rule                                                                                 the Plan Participants stated that the
                                                                                                              I. Self-Regulatory Organization’s                       public data will be made available for
                                                    change that are filed with the
                                                                                                              Statement of the Terms of Substance of                  free ‘‘on a disaggregated basis by trading
                                                    Commission, and all written
                                                                                                              the Proposed Rule Change
                                                    communications relating to the                                                                                       3 See Securities Exchange Act Release No. 79538
                                                    proposed rule change between the                             CHX proposes to amend Article 20,                    (December 13, 2016), 81 FR 91979 (December 19,
                                                    Commission and any person, other than                     Rule 13(b) of the Rules of the Exchange                 2016) (SR–CHX–2016–21); see also Securities
                                                    those that may be withheld from the                       (‘‘CHX Rules’’) to modify the date of                   Exchange Act Release No. 77469 (March 29, 2016),
                                                    public in accordance with the                                                                                     81 FR 19275 (April 4, 2016) (SR–CHX–2016–02).
                                                                                                              Appendix B Web site data publication                       4 The Plan Participants filed the Plan to comply
                                                    provisions of 5 U.S.C. 552, will be                       pursuant to the Regulation NMS Plan to                  with an order issued by the Commission on June
                                                    available for Web site viewing and                        Implement a Tick Size Pilot Program                     24, 2014. See Letter from Brendon J. Weiss, Vice
                                                    printing in the Commission’s Public                                                                               President, Intercontinental Exchange, Inc., to
                                                                                                              (‘‘Plan’’).                                             Secretary, Commission, dated August 25, 2014
                                                    Reference Room, 100 F Street NE.,
                                                                                                                 The text of this proposed rule change                (‘‘SRO Tick Size Plan Proposal’’). See Securities
                                                    Washington, DC 20549, on official                                                                                 Exchange Act Release No 72460 (June 24, 2014), 79
                                                    business days between the hours of                        is available on the Exchange’s Web site                 FR 36840 (June 30, 2014); see also Securities
                                                    10:00 a.m. and 3:00 p.m. Copies of the                    at (www.chx.com) and in the                             Exchange Act Release No. 74892 (May 6, 2015), 80
                                                    filing also will be available for                         Commission’s Public Reference Room.                     FR 27513 (May 13, 2015).
                                                                                                                                                                         5 Unless otherwise defined herein, capitalized
                                                    inspection and copying at the principal
                                                                                                              II. Self-Regulatory Organization’s                      terms have the meaning ascribed to them in CHX
                                                    office of the Exchange. All comments                                                                              Article 20, Rule 13.
                                                    received will be posted without change;                   Statement of the Purpose of, and
                                                                                                                                                                         6 On November 30, 2016, the SEC granted

                                                    the Commission does not edit personal                     Statutory Basis for, the Proposed Rule                  exemptive relief to the Plan Participants to, among
                                                    identifying information from                              Change                                                  other things, delay the publication of Web site data
                                                                                                                                                                      pursuant to Appendices B and C to the Plan until
                                                    submissions. You should submit only                         In its filing with the Commission, the                February 28, 2017, and to delay the ongoing Web
                                                    information that you wish to make                         CHX included statements concerning                      site publication by ninety days such that data
                                                    available publicly.                                       the purpose of and basis for the                        would be published within 120 calendar days
                                                                                                                                                                      following the end of the month. See Letter from
                                                       All submissions should refer to File                   proposed rule changes and discussed                     David S. Shillman, Associate Director, Division of
                                                    Number SR–BX–2017–017 and should                          any comments it received on the                         Trading and Markets, Commission, to Marcia E.
                                                    be submitted on or before April 7, 2017.                  proposed rule change. The text of these                 Asquith, Senior Vice President and Corporate
                                                                                                                                                                      Secretary, FINRA, dated November 30, 2016; see
                                                      For the Commission, by the Division of                  statements may be examined at the                       also SR–CHX–2016–21, supra note 3.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Trading and Markets, pursuant to delegated                places specified in Item IV below. The                     7 In addition, the Exchange is proposing an
                                                    authority.12                                              CHX has prepared summaries, set forth                   amendment to CHX Article 20, Rule 13(a)(6)(B) to
                                                    Eduardo A. Aleman,                                                                                                clarify that no CHX Participant, irrespective of
                                                                                                              in sections A, B and C below, of the                    whether that member operates a trading center, may
                                                    Assistant Secretary.                                      most significant aspects of such                        execute orders in any Pilot Security in Test Group
                                                    [FR Doc. 2017–05339 Filed 3–16–17; 8:45 am]               statements.                                             Three in price increments other than $0.05, unless
                                                    BILLING CODE 8011–01–P
                                                                                                                                                                      an exception applies. This proposed amendment
                                                                                                                                                                      makes the rule consistent with the Plan and
                                                                                                                1 15   U.S.C. 78s(b)(1).                              conforms subparagraph (a)(6)(B) with subparagraph
                                                      12 17   CFR 200.30–3(a)(12).                              2 17   CFR 240.19b–4.                                 (a)(5)(B).



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Document Created: 2017-03-17 02:49:07
Document Modified: 2017-03-17 02:49:07
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 14261 

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