82_FR_18252 82 FR 18180 - Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Fees for Use on the Exchange's Equities Options Platform

82 FR 18180 - Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Fees for Use on the Exchange's Equities Options Platform

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 72 (April 17, 2017)

Page Range18180-18182
FR Document2017-07640

Federal Register, Volume 82 Issue 72 (Monday, April 17, 2017)
[Federal Register Volume 82, Number 72 (Monday, April 17, 2017)]
[Notices]
[Pages 18180-18182]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07640]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80434; File No. SR-BatsEDGX-2017-15]


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

April 11, 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 March 31, 2017, Bats EDGX Exchange, Inc. (the ``Exchange'' or 
``EDGX'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the Exchange. The 
Exchange has designated the proposed rule change as one establishing or 
changing a member due, fee, or other charge imposed by the Exchange 
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) 
thereunder,\4\ which renders the proposed rule change effective upon 
filing with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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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 the 
Substance of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable 
to Members \5\ and non-members of the Exchange pursuant to EDGX Rules 
15.1(a) and (c).
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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 its fee schedule for its equity 
options platform (``EDGX Options'') to modify fees for its recently 
adopted Qualified Contingent Cross Orders (``QCC'').\6\
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    \6\ See Securities Exchange Act Release No. 79942 (February 1, 
2017), 82 FR 9804 (February 8, 2017) (SR-BatsEDGX-2017-11) (``QCC 
Filing'').
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Background of QCC
    The Exchange recently adopted functionality allowing participants 
on the Exchange the ability to submit to the Exchange Qualified 
Contingent Cross Orders, an order type offered by multiple other 
options exchanges.\7\ The operation of Qualified Contingent Cross 
Orders on the Exchange is substantially similar in all material 
respects to the operation of such orders on such other exchanges.\8\
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    \7\ See ISE Rule 715(j), Supplementary Material .01 to ISE Rule 
715 and ISE Rule 721(b); see also CBOE Rule 6.53(u); NASDAQ PHLX 
Rule 1080(o); NYSE Arca Rule 6.62(bb), Commentary .02 to NYSE Arca 
Rule 6.62 and NYSE Arca Rule 6.90.
    \8\ See QCC Filing supra, note 6.
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Pricing of QCC Orders
    Since the launch of QCC order functionality on the Exchange on 
March 3, 2017, all executions in QCC orders have been provided free of 
charge. The Exchange proposes to amend these fees to reflect the value 
of the execution opportunities provided by the QCC functionality. Thus, 
the Exchange proposes to adopt fees corresponding to the four new fee 
codes that were adopted in connection with QCC, as described below.
    Fee Code QA. Currently, fee code QA is appended to Customer \9\ 
``QCC Agency Orders'', which are QCC orders represented as an agent by 
a Member on behalf of another party and submitted for execution 
pursuant to Rule 21.1. The Exchange proposes that orders that yield fee 
code QA would provide the Member with a standard rebate of $0.05 per 
contract.
---------------------------------------------------------------------------

    \9\ ``Customer'' applies to any transaction identified by a 
Member for clearing in the Customer range at the OCC, excluding any 
transaction for a Broker Dealer or a ``Professional'' as defined in 
Exchange Rule 16.1
---------------------------------------------------------------------------

    Fee Code QC. Currently, fee code QC is appended to Customer ``QCC 
Contra Orders'', which are QCC orders submitted by a Member for 
execution that will potentially execute against the QCC Agency Order 
pursuant to Rule 21.1. The Exchange proposes that orders that yield fee 
code QC would provide the Member with a standard rebate of $0.05 per 
contract.
    Fee Code QM. Currently, fee code QM is appended to Non-Customer\10\ 
QCC Agency Orders, as described above. The Exchange proposes that for 
orders that yield fee code QM the Member would be charged a fee of 
$0.019 [sic] per contract.
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    \10\ ``Non-Customer'' applies to any transaction that is not a 
Customer order.
---------------------------------------------------------------------------

    Fee Code QN. Currently, fee code QN is appended to Non-Customer QCC 
Agency Orders, as described above. The Exchange proposes that for 
orders that yield fee code QN the Member would be charged a fee of 
$0.019 [sic] per contract.
Designated Give Up Footnote
    Footnote 5 of the fee schedule currently specifies that when order 
is submitted with a Designated Give Up, as defined in Rule 21.12(b)(1), 
the applicable rebates for such orders when executed on the Exchange 
(yielding fee code BC,\11\ NC \12\ or PC \13\) are provided to the 
Member who routed the order to the Exchange. Pursuant to Rule 21.12, 
which specifies the process to submit an order with a Designated Give 
Up, a Member acting as an options routing firm on behalf of one or more 
other Exchange Members (a ``Routing Firm'') is able to route orders to 
the Exchange and to immediately give up the party (a party other than 
the Routing Firm itself or the Routing Firm's own clearing firm) who 
will accept and clear any resulting transaction. Because the Routing 
Firm is

[[Page 18181]]

responsible for the decision to route the order to the Exchange, the 
Exchange provides such Member with the rebate when orders that yield 
fee code BC, NC or PC are executed.
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    \11\ Fee code BC is appended Customer orders represented as 
agent by a Member on behalf of another party and submitted to BAM 
for potential price improvement pursuant to Rule 21.19, and provided 
a standard rebate of $0.14 per share. Id.
    \12\ Fee code NC is appended to Customer orders which add 
liquidity in Non-Penny Pilot securities is provided a standard 
rebate of $0.05 per share. Id.
    \13\ Fee code PC is appended to Customer orders which add 
liquidity in Penny Pilot securities is provided a standard rebate of 
$0.05 per share. Id.
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    In connection with the adoption of fees applicable to QCC as 
described above the Exchange proposes to add fee code QA and QC to the 
lead-in sentence of footnote 5 and to append footnote 5 to fee code BC 
[sic] in the Fee Codes and Associated Fees table of the fee schedule.
Implementation Date
    The Exchange proposes to implement this amendment to its fee 
schedule on April 3, 2017.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the requirements of the Act and the rules and regulations 
thereunder that are applicable to a national securities exchange, and, 
in particular, with the requirements of Section 6 of the Act.\14\ 
Specifically, the Exchange believes that the proposed rule change is 
consistent with Section 6(b)(4) of the Act,\15\ 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.
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    \14\ 15 U.S.C. 78f.
    \15\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange's proposal establishes corresponding fees and rebates 
for QCC Orders. The Exchange believes that its proposed fees and 
rebates related to QCC Orders are reasonable and fair and equitable as 
the fees will allow the Exchange to continue to offer QCC Order 
functionality, which is functionality offered on other options 
exchanges, with pricing that is comparable to that offered by other 
options exchanges. The Exchange further believes that this pricing 
structure is non-discriminatory, as it applies equally to all Members. 
In addition, the Exchange notes that, while orders for other market 
participants (Non-Customers) will be assessed a fee, Customers will 
receive a rebate. The Exchange believes the proposed rebate for 
Customer QCC Orders (in contrast to the fee for Non-Customer QCC 
Orders) is equitable and not unfairly discriminatory as the Exchange 
and other options exchanges have generally established pricing 
structures that are intended to encourage Customer order flow.
    In connection with the adoption of fees applicable to QCC, the 
Exchange proposes to QA and QC to the lead-in sentence of footnote 5 
and to append footnote 5 to fee code BC [sic] in the Fee Codes and 
Associated Fees table of the fee schedule. The Exchange believes this 
proposal is a reasonable and equitable allocation of fees and dues and 
is not unreasonably discriminatory because, as is currently the case 
pursuant to footnote 5, the proposal simply will make clear that a firm 
acting as a Routing Firm that routes QCC Orders to the Exchange will be 
provided applicable rebates based on the Routing Firm's decision to 
route the order to the Exchange.

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

    The Exchange does not believe that the proposed rule change to 
adopt fees related to QCC Orders will impose any burden on competition 
that is not necessary or appropriate in furtherance of the purposes of 
the Act. The Exchange's proposed functionality is open to all market 
participants. Further, the proposed rule will allow the Exchange to 
continue to offer QCC functionality, which in turn will allow the 
Exchange to compete with other options exchanges that currently offer 
QCC Orders. The pricing is designed to be competitive with pricing on 
other options exchanges and QCC functionality is a competitive offering 
by the Exchange. For these reasons, the Exchange does not believe that 
the proposed fee schedule changes will impose any burden on competition 
not necessary or appropriate in furtherance of the purposes of the Act, 
and believes the proposed change will enhance competition.

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

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

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \16\ and paragraph (f) of Rule 19b-4 
thereunder.\17\ At any time within 60 days of the filing of the 
proposed rule change, the Commission summarily may temporarily suspend 
such rule change if it appears to the Commission that such action is 
necessary or appropriate in the public interest, for the protection of 
investors, or otherwise in furtherance of the purposes of the Act.
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    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-BatsEDGX-2017-15 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BatsEDGX-2017-15. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-BatsEDGX-2017-15, and should 
be submitted on or before May 8, 2017.


[[Page 18182]]


    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-07640 Filed 4-14-17; 8:45 am]
BILLING CODE 8011-01-P



                                                  18180                           Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices

                                                  2017–30, and should be submitted on or                   of the Exchange, and at the                              Agency Orders’’, which are QCC orders
                                                  before May 8, 2017.                                      Commission’s Public Reference Room.                      represented as an agent by a Member on
                                                    For the Commission, by the Division of                                                                          behalf of another party and submitted
                                                                                                           II. Self-Regulatory Organization’s
                                                  Trading and Markets, pursuant to delegated                                                                        for execution pursuant to Rule 21.1. The
                                                                                                           Statement of the Purpose of, and
                                                  authority.33                                             Statutory Basis for, the Proposed Rule                   Exchange proposes that orders that yield
                                                  Eduardo A. Aleman,                                       Change                                                   fee code QA would provide the Member
                                                  Assistant Secretary.                                                                                              with a standard rebate of $0.05 per
                                                                                                              In its filing with the Commission, the                contract.
                                                  [FR Doc. 2017–07635 Filed 4–14–17; 8:45 am]              Exchange included statements                                Fee Code QC. Currently, fee code QC
                                                  BILLING CODE 8011–01–P                                   concerning the purpose of and basis for                  is appended to Customer ‘‘QCC Contra
                                                                                                           the proposed rule change and discussed                   Orders’’, which are QCC orders
                                                                                                           any comments it received on the                          submitted by a Member for execution
                                                  SECURITIES AND EXCHANGE                                  proposed rule change. The text of these
                                                  COMMISSION                                                                                                        that will potentially execute against the
                                                                                                           statements may be examined at the                        QCC Agency Order pursuant to Rule
                                                  [Release No. 34–80434; File No. SR–                      places specified in Item IV below. The                   21.1. The Exchange proposes that orders
                                                  BatsEDGX–2017–15]                                        Exchange has prepared summaries, set                     that yield fee code QC would provide
                                                                                                           forth in Sections A, B, and C below, of                  the Member with a standard rebate of
                                                  Self-Regulatory Organizations; Bats                      the most significant parts of such                       $0.05 per contract.
                                                  EDGX Exchange, Inc.; Notice of Filing                    statements.                                                 Fee Code QM. Currently, fee code QM
                                                  and Immediate Effectiveness of a                                                                                  is appended to Non-Customer10 QCC
                                                                                                           A. Self-Regulatory Organization’s
                                                  Proposed Rule Change to Fees for Use                                                                              Agency Orders, as described above. The
                                                                                                           Statement of the Purpose of, and
                                                  on the Exchange’s Equities Options                                                                                Exchange proposes that for orders that
                                                                                                           Statutory Basis for, the Proposed Rule
                                                  Platform                                                                                                          yield fee code QM the Member would
                                                                                                           Change
                                                  April 11, 2017.                                                                                                   be charged a fee of $0.019 [sic] per
                                                                                                           1. Purpose                                               contract.
                                                     Pursuant to Section 19(b)(1) of the
                                                  Securities Exchange Act of 1934 (the                        The Exchange proposes to amend its                       Fee Code QN. Currently, fee code QN
                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                   fee schedule for its equity options                      is appended to Non-Customer QCC
                                                                                                           platform (‘‘EDGX Options’’) to modify                    Agency Orders, as described above. The
                                                  notice is hereby given that on March 31,
                                                                                                           fees for its recently adopted Qualified                  Exchange proposes that for orders that
                                                  2017, Bats EDGX Exchange, Inc. (the
                                                                                                           Contingent Cross Orders (‘‘QCC’’).6                      yield fee code QN the Member would be
                                                  ‘‘Exchange’’ or ‘‘EDGX’’) filed with the
                                                  Securities and Exchange Commission                       Background of QCC                                        charged a fee of $0.019 [sic] per
                                                  (the ‘‘Commission’’) the proposed rule                                                                            contract.
                                                                                                             The Exchange recently adopted
                                                  change as described in Items I, II, and                  functionality allowing participants on                   Designated Give Up Footnote
                                                  III below, which Items have been                         the Exchange the ability to submit to the
                                                  prepared by the Exchange. The                                                                                        Footnote 5 of the fee schedule
                                                                                                           Exchange Qualified Contingent Cross                      currently specifies that when order is
                                                  Exchange has designated the proposed                     Orders, an order type offered by
                                                  rule change as one establishing or                                                                                submitted with a Designated Give Up, as
                                                                                                           multiple other options exchanges.7 The                   defined in Rule 21.12(b)(1), the
                                                  changing a member due, fee, or other                     operation of Qualified Contingent Cross
                                                  charge imposed by the Exchange under                                                                              applicable rebates for such orders when
                                                                                                           Orders on the Exchange is substantially                  executed on the Exchange (yielding fee
                                                  Section 19(b)(3)(A)(ii) of the Act 3 and                 similar in all material respects to the
                                                  Rule 19b–4(f)(2) thereunder,4 which                                                                               code BC,11 NC 12 or PC 13) are provided
                                                                                                           operation of such orders on such other                   to the Member who routed the order to
                                                  renders the proposed rule change                         exchanges.8
                                                  effective upon filing with the                                                                                    the Exchange. Pursuant to Rule 21.12,
                                                  Commission. The Commission is                            Pricing of QCC Orders                                    which specifies the process to submit an
                                                  publishing this notice to solicit                                                                                 order with a Designated Give Up, a
                                                                                                              Since the launch of QCC order
                                                  comments on the proposed rule change                                                                              Member acting as an options routing
                                                                                                           functionality on the Exchange on March
                                                  from interested persons.                                 3, 2017, all executions in QCC orders                    firm on behalf of one or more other
                                                                                                           have been provided free of charge. The                   Exchange Members (a ‘‘Routing Firm’’)
                                                  I. Self-Regulatory Organization’s                                                                                 is able to route orders to the Exchange
                                                                                                           Exchange proposes to amend these fees
                                                  Statement of the Terms of the Substance                                                                           and to immediately give up the party (a
                                                                                                           to reflect the value of the execution
                                                  of the Proposed Rule Change                                                                                       party other than the Routing Firm itself
                                                                                                           opportunities provided by the QCC
                                                     The Exchange filed a proposal to                      functionality. Thus, the Exchange                        or the Routing Firm’s own clearing firm)
                                                  amend the fee schedule applicable to                     proposes to adopt fees corresponding to                  who will accept and clear any resulting
                                                  Members 5 and non-members of the                         the four new fee codes that were                         transaction. Because the Routing Firm is
                                                  Exchange pursuant to EDGX Rules                          adopted in connection with QCC, as
                                                                                                                                                                    the OCC, excluding any transaction for a Broker
                                                  15.1(a) and (c).                                         described below.                                         Dealer or a ‘‘Professional’’ as defined in Exchange
                                                     The text of the proposed rule change                     Fee Code QA. Currently, fee code QA                   Rule 16.1
                                                  is available at the Exchange’s Web site                  is appended to Customer 9 ‘‘QCC                             10 ‘‘Non-Customer’’ applies to any transaction that

                                                  at www.bats.com, at the principal office                                                                          is not a Customer order.
                                                                                                             6 See Securities Exchange Act Release No. 79942           11 Fee code BC is appended Customer orders

                                                                                                           (February 1, 2017), 82 FR 9804 (February 8, 2017)        represented as agent by a Member on behalf of
mstockstill on DSK30JT082PROD with NOTICES




                                                    33 17 CFR 200.30–3(a)(12).
                                                                                                           (SR-BatsEDGX–2017–11) (‘‘QCC Filing’’).                  another party and submitted to BAM for potential
                                                    1 15 U.S.C. 78s(b)(1).
                                                                                                             7 See ISE Rule 715(j), Supplementary Material .01      price improvement pursuant to Rule 21.19, and
                                                    2 17 CFR 240.19b–4.
                                                                                                           to ISE Rule 715 and ISE Rule 721(b); see also CBOE       provided a standard rebate of $0.14 per share. Id.
                                                    3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                                                                           Rule 6.53(u); NASDAQ PHLX Rule 1080(o); NYSE                12 Fee code NC is appended to Customer orders
                                                    4 17 CFR 240.19b–4(f)(2).                              Arca Rule 6.62(bb), Commentary .02 to NYSE Arca          which add liquidity in Non-Penny Pilot securities
                                                    5 The term ‘‘Member’’ is defined as ‘‘any              Rule 6.62 and NYSE Arca Rule 6.90.                       is provided a standard rebate of $0.05 per share. Id.
                                                                                                             8 See QCC Filing supra, note 6.
                                                  registered broker or dealer that has been admitted                                                                   13 Fee code PC is appended to Customer orders

                                                  to membership in the Exchange.’’ See Exchange              9 ‘‘Customer’’ applies to any transaction identified   which add liquidity in Penny Pilot securities is
                                                  Rule 1.5(n).                                             by a Member for clearing in the Customer range at        provided a standard rebate of $0.05 per share. Id.



                                             VerDate Sep<11>2014    17:14 Apr 14, 2017   Jkt 241001   PO 00000   Frm 00082   Fmt 4703   Sfmt 4703   E:\FR\FM\17APN1.SGM     17APN1


                                                                                    Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices                                                18181

                                                  responsible for the decision to route the                  proposes to QA and QC to the lead-in                      it appears to the Commission that such
                                                  order to the Exchange, the Exchange                        sentence of footnote 5 and to append                      action is necessary or appropriate in the
                                                  provides such Member with the rebate                       footnote 5 to fee code BC [sic] in the Fee                public interest, for the protection of
                                                  when orders that yield fee code BC, NC                     Codes and Associated Fees table of the                    investors, or otherwise in furtherance of
                                                  or PC are executed.                                        fee schedule. The Exchange believes                       the purposes of the Act.
                                                    In connection with the adoption of                       this proposal is a reasonable and
                                                  fees applicable to QCC as described                        equitable allocation of fees and dues                     IV. Solicitation of Comments
                                                  above the Exchange proposes to add fee                     and is not unreasonably discriminatory                      Interested persons are invited to
                                                  code QA and QC to the lead-in sentence                     because, as is currently the case                         submit written data, views, and
                                                  of footnote 5 and to append footnote 5                     pursuant to footnote 5, the proposal                      arguments concerning the foregoing,
                                                  to fee code BC [sic] in the Fee Codes and                  simply will make clear that a firm acting                 including whether the proposed rule
                                                  Associated Fees table of the fee                           as a Routing Firm that routes QCC                         change is consistent with the Act.
                                                  schedule.                                                  Orders to the Exchange will be provided                   Comments may be submitted by any of
                                                  Implementation Date                                        applicable rebates based on the Routing                   the following methods:
                                                                                                             Firm’s decision to route the order to the
                                                    The Exchange proposes to implement                       Exchange.                                                 Electronic Comments
                                                  this amendment to its fee schedule on
                                                                                                             B. Self-Regulatory Organization’s                           • Use the Commission’s Internet
                                                  April 3, 2017.
                                                                                                             Statement on Burden on Competition                        comment form (http://www.sec.gov/
                                                  2. Statutory Basis                                                                                                   rules/sro.shtml); or
                                                                                                               The Exchange does not believe that
                                                     The Exchange believes that the                          the proposed rule change to adopt fees                      • Send an email to rule-comments@
                                                  proposed rule change is consistent with                    related to QCC Orders will impose any                     sec.gov. Please include File Number SR–
                                                  the requirements of the Act and the                        burden on competition that is not                         BatsEDGX–2017–15 on the subject line.
                                                  rules and regulations thereunder that                      necessary or appropriate in furtherance                   Paper Comments
                                                  are applicable to a national securities                    of the purposes of the Act. The
                                                  exchange, and, in particular, with the                     Exchange’s proposed functionality is                        • Send paper comments in triplicate
                                                  requirements of Section 6 of the Act.14                    open to all market participants. Further,                 to Secretary, Securities and Exchange
                                                  Specifically, the Exchange believes that                   the proposed rule will allow the                          Commission, 100 F Street NE.,
                                                  the proposed rule change is consistent                     Exchange to continue to offer QCC                         Washington, DC 20549–1090.
                                                  with Section 6(b)(4) of the Act,15 in that                 functionality, which in turn will allow                   All submissions should refer to File
                                                  it provides for the equitable allocation                   the Exchange to compete with other                        Number SR–BatsEDGX–2017–15. This
                                                  of reasonable dues, fees and other                         options exchanges that currently offer                    file number should be included on the
                                                  charges among Members and other                            QCC Orders. The pricing is designed to                    subject line if email is used. To help the
                                                  persons using any facility or system                       be competitive with pricing on other                      Commission process and review your
                                                  which the Exchange operates or                             options exchanges and QCC                                 comments more efficiently, please use
                                                  controls.                                                  functionality is a competitive offering
                                                     The Exchange’s proposal establishes                                                                               only one method. The Commission will
                                                                                                             by the Exchange. For these reasons, the                   post all comments on the Commission’s
                                                  corresponding fees and rebates for QCC                     Exchange does not believe that the
                                                  Orders. The Exchange believes that its                                                                               Internet Web site (http://www.sec.gov/
                                                                                                             proposed fee schedule changes will                        rules/sro.shtml). Copies of the
                                                  proposed fees and rebates related to                       impose any burden on competition not
                                                  QCC Orders are reasonable and fair and                                                                               submission, all subsequent
                                                                                                             necessary or appropriate in furtherance                   amendments, all written statements
                                                  equitable as the fees will allow the                       of the purposes of the Act, and believes
                                                  Exchange to continue to offer QCC                                                                                    with respect to the proposed rule
                                                                                                             the proposed change will enhance                          change that are filed with the
                                                  Order functionality, which is                              competition.
                                                  functionality offered on other options                                                                               Commission, and all written
                                                  exchanges, with pricing that is                            C. Self-Regulatory Organization’s                         communications relating to the
                                                  comparable to that offered by other                        Statement on Comments on the                              proposed rule change between the
                                                  options exchanges. The Exchange                            Proposed Rule Change Received From                        Commission and any person, other than
                                                  further believes that this pricing                         Members, Participants, or Others                          those that may be withheld from the
                                                  structure is non-discriminatory, as it                                                                               public in accordance with the
                                                                                                               The Exchange has not solicited, and
                                                  applies equally to all Members. In                                                                                   provisions of 5 U.S.C. 552, will be
                                                                                                             does not intend to solicit, comments on
                                                  addition, the Exchange notes that, while                                                                             available for Web site viewing and
                                                                                                             this proposed rule change. The
                                                  orders for other market participants                                                                                 printing in the Commission’s Public
                                                                                                             Exchange has not received any written
                                                  (Non-Customers) will be assessed a fee,                                                                              Reference Room, 100 F Street NE.,
                                                                                                             comments from members or other
                                                  Customers will receive a rebate. The                                                                                 Washington, DC 20549 on official
                                                                                                             interested parties.
                                                  Exchange believes the proposed rebate                                                                                business days between the hours of
                                                  for Customer QCC Orders (in contrast to                    III. Date of Effectiveness of the                         10:00 a.m. and 3:00 p.m. Copies of such
                                                  the fee for Non-Customer QCC Orders)                       Proposed Rule Change and Timing for                       filing also will be available for
                                                  is equitable and not unfairly                              Commission Action                                         inspection and copying at the principal
                                                  discriminatory as the Exchange and                            The foregoing rule change has become                   office of the Exchange. All comments
                                                  other options exchanges have generally                     effective pursuant to Section 19(b)(3)(A)                 received will be posted without change;
                                                                                                             of the Act 16 and paragraph (f) of Rule                   the Commission does not edit personal
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                                                  established pricing structures that are
                                                  intended to encourage Customer order                       19b–4 thereunder.17 At any time within                    identifying information from
                                                  flow.                                                      60 days of the filing of the proposed rule                submissions. You should submit only
                                                     In connection with the adoption of                      change, the Commission summarily may                      information that you wish to make
                                                  fees applicable to QCC, the Exchange                       temporarily suspend such rule change if                   available publicly. All submissions
                                                                                                                                                                       should refer to File Number SR–
                                                    14 15   U.S.C. 78f.                                        16 15   U.S.C. 78s(b)(3)(A).                            BatsEDGX–2017–15, and should be
                                                    15 15   U.S.C. 78f(b)(4).                                  17 17   CFR 240.19b–4(f).                               submitted on or before May 8, 2017.


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                                                  18182                           Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices

                                                    For the Commission, by the Division of                 forth in sections A, B, and C below, of               execution of complex orders and stock-
                                                  Trading and Markets, pursuant to delegated               the most significant aspects of such                  option orders.5
                                                  authority.18                                             statements.                                              The Exchange believes that the
                                                  Eduardo A. Aleman,                                                                                             Proposed Rule supports an approach
                                                  Assistant Secretary.
                                                                                                           A. Self-Regulatory Organization’s                     consistent with long-standing principles
                                                                                                           Statement of the Purpose of, and                      in the options industry under which the
                                                  [FR Doc. 2017–07640 Filed 4–14–17; 8:45 am]
                                                                                                           Statutory Basis for, the Proposed Rule                general policy is to adjust rather than
                                                  BILLING CODE 8011–01–P
                                                                                                           Change                                                nullify transactions. The Exchange
                                                                                                           1. Purpose                                            acknowledges that adjustment of
                                                  SECURITIES AND EXCHANGE                                     Last year, the Exchange and other                  transactions is contrary to the operation
                                                  COMMISSION                                               options exchanges adopted a new,                      of analogous rules applicable to the
                                                                                                           harmonized rule related to the                        equities markets, where erroneous
                                                  [Release No. 34–80431; File No. SR–Phlx–
                                                                                                           adjustment and nullification of                       transactions are typically nullified
                                                  2017–27]
                                                                                                           erroneous options transactions,                       rather than adjusted and where there is
                                                  Self-Regulatory Organizations;                           including a specific provision related to             no distinction between the types of
                                                  NASDAQ PHLX LLC; Notice of Filing                        coordination in connection with large-                market participants involved in a
                                                  and Immediate Effectiveness of                           scale events involving erroneous                      transaction. For the reasons set forth
                                                  Proposed Rule Change Relating to                         options transactions.3 The Exchange                   below, the Exchange believes that the
                                                  Obvious Errors                                           believes that the changes the options                 distinctions in market structure between
                                                                                                           exchanges implemented with the new,                   equities and options markets continue
                                                  April 11, 2017.
                                                                                                           harmonized rule have led to increased                 to support these distinctions between
                                                     Pursuant to Section 19(b)(1) of the                   transparency and finality with respect to             the rules for handling obvious errors in
                                                  Securities Exchange Act of 1934                          the adjustment and nullification of                   the equities and option markets.
                                                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                           Various general structural differences
                                                                                                           erroneous options transactions.
                                                  notice is hereby given that on April 3,                                                                        between the options and equities
                                                                                                           However, as part of the initial initiative,
                                                  2017, NASDAQ PHLX LLC (‘‘Phlx’’ or                                                                             markets point toward the need for a
                                                                                                           the Exchange and other options
                                                  ‘‘Exchange’’) filed with the Securities                                                                        different balancing of risks for options
                                                                                                           exchanges deferred a few specific
                                                  and Exchange Commission                                                                                        market participants and are reflected in
                                                                                                           matters for further discussion.
                                                  (‘‘Commission’’) the proposed rule                          Specifically, the options exchanges                this proposal. Option pricing is
                                                  change as described in Items I and II                                                                          formulaic and is tied to the price of the
                                                                                                           have been working together to identify
                                                  below, which Items have been prepared                                                                          underlying stock, the volatility of the
                                                                                                           ways to improve the process related to
                                                  by the Exchange. The Commission is                                                                             underlying security and other factors.
                                                                                                           the adjustment and nullification of
                                                  publishing this notice to solicit                                                                              Because options market participants can
                                                                                                           erroneous options transactions as it
                                                  comments on the proposed rule change                                                                           generally create new open interest in
                                                                                                           relates to complex orders 4 and stock-
                                                  from interested persons.                                                                                       response to trading demand, as new
                                                                                                           option orders. The goal of the process
                                                                                                                                                                 open interest is created, correlated
                                                  I. Self-Regulatory Organization’s                        that the options exchanges have
                                                                                                                                                                 trades in the underlying or related series
                                                  Statement of the Terms of Substance of                   undertaken is to further harmonize rules
                                                                                                                                                                 are generally also executed to hedge a
                                                  the Proposed Rule Change                                 related to the adjustment and
                                                                                                                                                                 market participant’s risk. This pairing of
                                                                                                           nullification of erroneous options                    open interest with hedging interest
                                                     The Exchange proposes to amend                        transactions. As described below, the
                                                  Rule 1092 (‘‘Current Rule’’), entitled                                                                         differentiates the options market
                                                                                                           Exchange believes that the changes the                specifically (and the derivatives markets
                                                  ‘‘Nullification and Adjustment of                        options exchanges and the Exchange
                                                  Options Transactions including Obvious                                                                         broadly) from the cash equities markets.
                                                                                                           have agreed to propose will provide                   In turn, the Exchange believes that the
                                                  Errors’’ by adding a new Commentary                      transparency and finality with respect to
                                                  .04 to Rule 1092.                                                                                              hedging transactions engaged in by
                                                                                                           the adjustment and nullification of                   market participants necessitate
                                                     The text of the proposed rule change
                                                                                                           erroneous complex order and stock-                    protection of transactions through
                                                  is available on the Exchange’s Web site
                                                                                                           option order transactions. Particularly,              adjustments rather than nullifications
                                                  at http://nasdaqphlx.cchwallstreet.
                                                                                                           the proposed changes seek to achieve                  when possible and otherwise
                                                  com/, at the principal office of the
                                                                                                           consistent results for participants across            appropriate.
                                                  Exchange, and at the Commission’s
                                                                                                           U.S. options exchanges while                             The options markets are also quote
                                                  Public Reference Room.
                                                                                                           maintaining a fair and orderly market,                driven markets dependent on liquidity
                                                  II. Self-Regulatory Organization’s                       protecting investors and protecting the               providers to an even greater extent than
                                                  Statement of the Purpose of, and                         public interest.                                      equities markets. In contrast to the
                                                  Statutory Basis for, the Proposed Rule                      The Proposed Rule is the culmination               approximately 7,000 different securities
                                                  Change                                                   of this coordinated effort and reflects               traded in the U.S. equities markets each
                                                                                                           discussions by the options exchanges                  day, there are more than 500,000
                                                    In its filing with the Commission, the
                                                                                                           whereby the exchanges that offer                      unique, regularly quoted option series.
                                                  Exchange included statements
                                                                                                           complex orders and/or stock-option                    Given this breadth in options series the
                                                  concerning the purpose of and basis for
                                                                                                           orders will universally adopt new                     options markets are more dependent on
                                                  the proposed rule change and discussed
                                                                                                           provisions that the options exchanges                 liquidity providers than equities
                                                  any comments it received on the
                                                                                                           collectively believe will improve the                 markets; such liquidity is provided most
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                                                  proposed rule change. The text of these
                                                                                                           handling of erroneous options                         commonly by registered market makers
                                                  statements may be examined at the
                                                                                                           transactions that result from the
                                                  places specified in Item IV below. The
                                                                                                                                                                   5 An exchange that does not offer complex orders
                                                  Exchange has prepared summaries, set                       3 See Securities Exchange Act Release No. 76225     and stock-option orders will not adopt these new
                                                                                                           (October 22, 2015), 80 FR 66060 (October 28, 2015)    provisions until such time as the exchange offers
                                                    18 17 CFR 200.30–3(a)(12).                             (SR–Phlx–2015–86).                                    complex orders and/or stock-option orders. The
                                                    1 15 U.S.C. 78s(b)(1).                                   4 See Rule 1098(a)(i) defining complex orders and   Exchange currently trades complex orders and/or
                                                    2 17 CFR 240.19b–4.                                    stock-option orders.                                  stock-option orders pursuant to Phlx Rule 1098.



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Document Created: 2018-08-25 11:27:53
Document Modified: 2018-08-25 11:27:53
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 18180 

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