82_FR_18564 82 FR 18490 - Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees

82 FR 18490 - Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 74 (April 19, 2017)

Page Range18490-18492
FR Document2017-07868

Federal Register, Volume 82 Issue 74 (Wednesday, April 19, 2017)
[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)]
[Notices]
[Pages 18490-18492]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07868]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80447; File No. SR-BatsBYX-2017-06]


Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change Related to 
Fees

April 13, 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 BYX Exchange, Inc. (the ``Exchange'' or 
``BYX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II 
and III below, which Items have been prepared by the Exchange. The 
Exchange has designated the proposed rule change as one establishing or 
changing a member due, fee, or other charge imposed by the Exchange 
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) 
thereunder,\4\ which renders the proposed rule change effective upon 
filing with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable 
to Members \5\ and non-members of the Exchange pursuant to BYX 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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its fee schedule to: (i) Adopt fee 
code PL; and (ii) modify its description of fee code PX. The Exchange 
recently implemented a new midpoint routing strategy known as RMPL,\6\ 
under which a MidPoint Peg Order \7\ first checks the

[[Page 18491]]

System \8\ for available shares and routes any remaining shares to 
destinations on the System routing table \9\ that support midpoint 
eligible orders. If any shares remain unexecuted after routing, they 
are posted on the BYX Book \10\ as MidPoint Peg Orders, unless 
otherwise instructed by the User.\11\ As a result of this additional 
functionality, the Exchange proposes to amend its fee schedule to adopt 
fees which would apply to orders routed pursuant to the RMPL routing 
strategy.
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    \6\ See Securities Exchange Act Release No. 79603 (December 19, 
2016), 81 FR 94440 (December 23, 2016) (SR-BatsBYX-2016-41) (``RMPL 
Filing'').
    \7\ In sum, a MidPoint Peg Order is a non-displayed Market Order 
or Limit Order with an instruction to execute at the midpoint of the 
NBBO, or, alternatively, pegged to the less aggressive of the 
midpoint of the NBBO or one minimum price variation inside the same 
side of the NBBO as the order. See Exchange Rule 11.9(c)(9).
    \8\ The term ``System'' is defined as ``the electronic 
communications and trading facility designated by the Board through 
which securities orders of Users are consolidated for ranking, 
execution and, when applicable, routing away.'' See Exchange Rule 
1.5(aa).
    \9\ The term ``System routing table'' refers to the proprietary 
process for determining the specific trading venues to which the 
System routes orders and the order in which it routes them. See 
Exchange 11.13(b)(3). While the process for determining the specific 
trading venues to which orders are routed is proprietary, the 
Exchange publicly discloses the trading venues associated with each 
routing strategy via its Web site at http://cdn.batstrading.com/resources/features/bats_exchange_routing-strategies.pdf.
    \10\ The term ``BYX Book'' is defined as the ``System's 
electronic file of orders.'' See Exchange Rule 1.5(e).
    \11\ The term ``User'' is defined as ``any Member or Sponsored 
Participant who is authorized to obtain access to the System 
pursuant to Rule 11.3.'' See Exchange Rule 1.5(cc).
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    Fee Code PL. The Exchange proposes [sic] adopt fee code PL, which 
would apply to orders routed to Bats BZX Exchange, Inc. (``BZX''), Bats 
EDGX Exchange, Inc. (``EDGX''), the New York Stock Exchange, Inc. 
(``NYSE''), NYSE Arca, Inc. (``NYSE Arca''), or Nasdaq Stock Market LLC 
(``Nasdaq'') using a RMPL routing strategy. Orders that yield fee code 
PL would be charged a fee of $0.0030 per share in securities priced at 
or above $1.00 and 0.29% of the trade's total dollar value in 
securities priced below $1.00.\12\
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    \12\ Pursuant to footnote 8, the Exchange charges 0.29% of the 
transactions total dollar value in securities priced below $1.00 
that are routed using the following routing strategies: Parallel D, 
Parallel 2D, ROUT, ROUX, Post to Away, RMPL, and RMPT routed 
executions. The Exchange proposes to modify footnote 8 to include 
RMPL and to append footnote 8 to fee code PL.
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    Fee Code PX. Currently, fee code PX only applies to orders routed 
using a RMPT routing strategy. Orders that yield fee code PX are 
assessed a fee of $0.0012 per share in securities priced at or above 
$1.00 and 0.29% of the trade's total dollar value in securities priced 
below $1.00. The RMPT routing strategy operates similarly to RMPL in 
that under both Mid-Point Peg Orders check the System for available 
shares and any remaining shares are then sent to destinations on the 
System routing table that support midpoint eligible orders. If any 
shares remain unexecuted after routing, they are posted on the BYX Book 
as a Mid-Point Peg Order, unless otherwise instructed by the User. 
While RMPL and RMPT operate in an identical manner, the trading venues 
that each routing strategy routes to and the order in which it routes 
them differ. The Exchange now proposes [sic] modify the application of 
fee code PX not only [sic] apply to RMPT, but to also apply RMPL. 
However, fee code PX would only apply to orders routed to destinations 
not covered by fee code PL using the RMPL routing strategy, as set 
forth above. The Exchange does not propose to modify the fee associated 
with fee code PX.
Implementation Date
    The Exchange proposes to implement the above changes to its fee 
schedule on April 3, 2017.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the objectives of Section 6 of the Act,\13\ in general, and 
furthers the objectives of Section 6(b)(4),\14\ in particular, as it is 
designed to provide for the equitable allocation of reasonable dues, 
fees and other charges among its Members and other persons using its 
facilities. The Exchange believes the proposed fees under fee codes PL 
and PX for orders routed using the options RMPL routing strategy 
represents an equitable allocation of reasonable dues, fees, and other 
charges. The proposed change would enable the Exchange to charge a rate 
reasonably related to the rate that Bats Trading, Inc. (``Bats 
Trading''), the Exchange's affiliated routing broker-dealer, would be 
charged for routing orders to destinations described in fee codes PL 
and PX when it does not qualify for a volume tier reduced fee. As a 
result, when Bats Trading is charged a fee when it routes an order 
which removes liquidity from a destination described in fee codes PL 
and PX.\15\ Bats Trading will pass through these rates to the Exchange 
and the Exchange, in turn, will charge the rates under fee codes PL or 
PX, as applicable. The proposed fee under fee codes PL and PX for 
orders routed pursuant to the RMPL routing strategy would enable the 
Exchange to equitably allocate its costs among all Members.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(4).
    \15\ For example, Nasdaq, NYSE, NYSE Arca, BZX, and EDGX charge 
a fee of $0.0030 per share for orders that remove midpoint 
liquidity. See Nasdaq's fee schedule available at http://www.nasdaqtrader.com/Trader.aspx?id=PriceListTrading2; NYSE's price 
list available at https://www.nyse.com/publicdocs/nyse/markets/nyse/NYSE_Price_List.pdf; NYSE Arca's price list available at https://www.nyse.com/publicdocs/nyse/markets/nyse-arca/NYSE_Arca_Marketplace_Fees.pdf; BZX's fee schedule available at 
http://www.bats.com/us/equities/membership/fee_schedule/bzx/; and 
EDGX's fee schedule available at http://www.bats.com/us/equities/membership/fee_schedule/edgx/.
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    The Exchange notes that routing through Bats Trading is voluntary. 
Members seeking to [sic] midpoint eligible route orders to BZX, EDGX, 
NYSE, NYSE Arca, Nasdaq, or to any other destination covered by the 
RMPL routing strategy may connect to those destinations directly and be 
charged the fee or provided the rebate from that destination. The 
Exchange further believes that this pricing structure is non-
discriminatory, as it applies equally to all Members.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The Exchange does not believe 
that this change represents a significant departure from previous 
pricing offered by the Exchange or from pricing offered by the 
Exchange's competitors. The proposed rates would apply uniformly to all 
Members, and Members may opt to disfavor the Exchange's pricing if they 
believe that alternatives offer them better value. Accordingly, the 
Exchange does not believe that the proposed changes will impair the 
ability of Members or competing venues to maintain their competitive 
standing in the financial markets. The Exchange believes that its 
proposal to fees would increase intermarket competition by offering 
customers an alternative means to route to destinations covered by fee 
codes PL and PX. As stated above, routing through Bats Trading is 
voluntary and Members may utilize other avenues to route orders to 
destinations covered by fee codes PL and PX, such as connecting to 
those destinations directly. Additionally, Members may opt to disfavor 
the Exchange's pricing if they believe that alternatives offer them 
better value or if they view the fees as excessive. Further, excessive 
fees would serve to impair an exchange's ability to compete for order 
flow and members rather than burdening competition. The Exchange 
believes that its proposal would not burden intramarket competition 
because the proposed rate would apply uniformly to all Members.

[[Page 18492]]

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

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

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \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 rule-comments@sec.gov. Please include 
File No. SR-BatsBYX-2017-06 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 No. SR-BatsBYX-2017-06. 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 No. SR-BatsBYX-2017-06, and should be 
submitted on or before May 10, 2017.

    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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Brent J. Fields,
Secretary.
[FR Doc. 2017-07868 Filed 4-18-17; 8:45 am]
BILLING CODE 8011-01-P



                                                  18490                        Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Notices

                                                  is appropriate in order to better align                 rules/sro.shtml). Copies of the                       due, fee, or other charge imposed by the
                                                  LCH SA’s margin methodology to the                      submission, all subsequent                            Exchange under Section 19(b)(3)(A)(ii)
                                                  way recovery rate movements affect the                  amendments, all written statements                    of the Act 3 and Rule 19b–4(f)(2)
                                                  CDS market value in reality. Therefore,                 with respect to the proposed rule                     thereunder,4 which renders the
                                                  LCH SA does not believe that the                        change that are filed with the                        proposed rule change effective upon
                                                  proposed rule change imposes any                        Commission, and all written                           filing with the Commission. The
                                                  burden on competition that is not                       communications relating to the                        Commission is publishing this notice to
                                                  necessary or appropriate in furtherance                 proposed rule change between the                      solicit comments on the proposed rule
                                                  of the purposes of the Act.                             Commission and any person, other than                 change from interested persons.
                                                                                                          those that may be withheld from the
                                                  C. Clearing Agency’s Statement on                       public in accordance with the                         I. Self-Regulatory Organization’s
                                                  Comments on the Proposed Rule                           provisions of 5 U.S.C. 552, will be                   Statement of the Terms of Substance of
                                                  Change Received From Members,                           available for Web site viewing and                    the Proposed Rule Change
                                                  Participants or Others                                  printing in the Commission’s Public                      The Exchange filed a proposal to
                                                    Written comments relating to the                      Reference Room, 100 F Street NE.,                     amend the fee schedule applicable to
                                                  proposed rule change have not been                      Washington, DC 20549, on official                     Members 5 and non-members of the
                                                  solicited or received. LCH SA will                      business days between the hours of                    Exchange pursuant to BYX Rules 15.1(a)
                                                  notify the Commission of any written                    10:00 a.m. and 3:00 p.m. Copies of such               and (c).
                                                  comments received by LCH SA.                            filings will also be available for                       The text of the proposed rule change
                                                                                                          inspection and copying at the principal               is available at the Exchange’s Web site
                                                  III. Date of Effectiveness of the
                                                                                                          office of LCH SA and on LCH SA’s Web                  at www.bats.com, at the principal office
                                                  Proposed Rule Change and Timing for                     site at http://www.lch.com/asset-
                                                  Commission Action                                                                                             of the Exchange, and at the
                                                                                                          classes/cdsclear. All comments received               Commission’s Public Reference Room.
                                                     Within 45 days of the date of                        will be posted without change; the
                                                  publication of this notice in the Federal               Commission does not edit personal                     II. Self-Regulatory Organization’s
                                                  Register or within such longer period                   identifying information from                          Statement of the Purpose of, and
                                                  up to 90 days (i) as the Commission may                 submissions. You should submit only                   Statutory Basis for, the Proposed Rule
                                                  designate if it finds such longer period                information that you wish to make                     Change
                                                  to be appropriate and publishes its                     available publicly. All submissions
                                                                                                                                                                  In its filing with the Commission, the
                                                  reasons for so finding or (ii) as to which              should refer to File Number SR–LCH
                                                                                                                                                                Exchange included statements
                                                  the self-regulatory organization                        SA–2017–003 and should be submitted
                                                                                                                                                                concerning the purpose of and basis for
                                                  consents, the Commission will:                          on or before May 10, 2017.
                                                     (A) by order approve or disapprove                                                                         the proposed rule change and discussed
                                                                                                            For the Commission, by the Division of              any comments it received on the
                                                  such proposed rule change, or                           Trading and Markets, pursuant to delegated
                                                     (B) institute proceedings to determine                                                                     proposed rule change. The text of these
                                                                                                          authority.10
                                                  whether the proposed rule change                                                                              statements may be examined at the
                                                                                                          Brent J. Fields,                                      places specified in Item IV below. The
                                                  should be disapproved.                                  Secretary.                                            Exchange has prepared summaries, set
                                                  IV. Solicitation of Comments                            [FR Doc. 2017–07872 Filed 4–18–17; 8:45 am]           forth in Sections A, B, and C below, of
                                                    Interested persons are invited to                     BILLING CODE 8011–01–P                                the most significant parts of such
                                                  submit written data, views, and                                                                               statements.
                                                  arguments concerning the foregoing,                                                                           A. Self-Regulatory Organization’s
                                                                                                          SECURITIES AND EXCHANGE
                                                  including whether the proposed rule                                                                           Statement of the Purpose of, and the
                                                                                                          COMMISSION
                                                  change is consistent with the Act.                                                                            Statutory Basis for, the Proposed Rule
                                                  Comments may be submitted by any of                     [Release No. 34–80447; File No. SR–                   Change
                                                  the following methods:                                  BatsBYX–2017–06]
                                                                                                                                                                1. Purpose
                                                  Electronic Comments                                     Self-Regulatory Organizations; Bats
                                                                                                          BYX Exchange, Inc.; Notice of Filing                     The Exchange proposes to amend its
                                                    • Use the Commission’s Internet
                                                                                                          and Immediate Effectiveness of a                      fee schedule to: (i) Adopt fee code PL;
                                                  comment form (http://www.sec.gov/
                                                                                                          Proposed Rule Change Related to Fees                  and (ii) modify its description of fee
                                                  rules/sro.shtml); or
                                                                                                                                                                code PX. The Exchange recently
                                                    • Send an email to rule-comments@                     April 13, 2017.                                       implemented a new midpoint routing
                                                  sec.gov. Please include File Number SR–                    Pursuant to Section 19(b)(1) of the                strategy known as RMPL,6 under which
                                                  LCH SA–2017–003 on the subject line.                    Securities Exchange Act of 1934 (the                  a MidPoint Peg Order 7 first checks the
                                                  Paper Comments                                          ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                          notice is hereby given that on March 31,
                                                     • Send paper comments in triplicate                                                                          3 15  U.S.C. 78s(b)(3)(A)(ii).
                                                                                                          2017, Bats BYX Exchange, Inc. (the                      4 17  CFR 240.19b–4(f)(2).
                                                  to Secretary, Securities and Exchange                   ‘‘Exchange’’ or ‘‘BYX’’) filed with the                  5 The term ‘‘Member’’ is defined as ‘‘any
                                                  Commission, 100 F Street NE.,                           Securities and Exchange Commission                    registered broker or dealer that has been admitted
                                                  Washington, DC 20549–1090.                              (‘‘Commission’’) the proposed rule                    to membership in the Exchange.’’ See Exchange
                                                  All submissions should refer to File                                                                          Rule 1.5(n).
                                                                                                          change as described in Items I, II and III               6 See Securities Exchange Act Release No. 79603
                                                  Number SR–LCH SA–2017–003. This
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                                                                          below, which Items have been prepared                 (December 19, 2016), 81 FR 94440 (December 23,
                                                  file number should be included on the                   by the Exchange. The Exchange has                     2016) (SR–BatsBYX–2016–41) (‘‘RMPL Filing’’).
                                                  subject line if email is used. To help the              designated the proposed rule change as                   7 In sum, a MidPoint Peg Order is a non-displayed

                                                  Commission process and review your                      one establishing or changing a member                 Market Order or Limit Order with an instruction to
                                                  comments more efficiently, please use                                                                         execute at the midpoint of the NBBO, or,
                                                                                                                                                                alternatively, pegged to the less aggressive of the
                                                  only one method. The Commission will                      10 17 CFR 200.30–3(a)(12).                          midpoint of the NBBO or one minimum price
                                                  post all comments on the Commission’s                     1 15 U.S.C. 78s(b)(1).                              variation inside the same side of the NBBO as the
                                                  Internet Web site (http://www.sec.gov/                    2 17 CFR 240.19b–4.                                 order. See Exchange Rule 11.9(c)(9).



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                                                                                 Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Notices                                            18491

                                                  System 8 for available shares and routes                  routing, they are posted on the BYX                    under fee codes PL and PX for orders
                                                  any remaining shares to destinations on                   Book as a Mid-Point Peg Order, unless                  routed pursuant to the RMPL routing
                                                  the System routing table 9 that support                   otherwise instructed by the User. While                strategy would enable the Exchange to
                                                  midpoint eligible orders. If any shares                   RMPL and RMPT operate in an identical                  equitably allocate its costs among all
                                                  remain unexecuted after routing, they                     manner, the trading venues that each                   Members.
                                                  are posted on the BYX Book 10 as                          routing strategy routes to and the order
                                                                                                                                                                      The Exchange notes that routing
                                                  MidPoint Peg Orders, unless otherwise                     in which it routes them differ. The
                                                  instructed by the User.11 As a result of                  Exchange now proposes [sic] modify the                 through Bats Trading is voluntary.
                                                  this additional functionality, the                        application of fee code PX not only [sic]              Members seeking to [sic] midpoint
                                                  Exchange proposes to amend its fee                        apply to RMPT, but to also apply RMPL.                 eligible route orders to BZX, EDGX,
                                                  schedule to adopt fees which would                        However, fee code PX would only apply                  NYSE, NYSE Arca, Nasdaq, or to any
                                                  apply to orders routed pursuant to the                    to orders routed to destinations not                   other destination covered by the RMPL
                                                  RMPL routing strategy.                                    covered by fee code PL using the RMPL                  routing strategy may connect to those
                                                     Fee Code PL. The Exchange proposes                     routing strategy, as set forth above. The              destinations directly and be charged the
                                                  [sic] adopt fee code PL, which would                      Exchange does not propose to modify                    fee or provided the rebate from that
                                                  apply to orders routed to Bats BZX                        the fee associated with fee code PX.                   destination. The Exchange further
                                                  Exchange, Inc. (‘‘BZX’’), Bats EDGX                                                                              believes that this pricing structure is
                                                  Exchange, Inc. (‘‘EDGX’’), the New York                   Implementation Date
                                                                                                                                                                   non-discriminatory, as it applies equally
                                                  Stock Exchange, Inc. (‘‘NYSE’’), NYSE                       The Exchange proposes to implement                   to all Members.
                                                  Arca, Inc. (‘‘NYSE Arca’’), or Nasdaq                     the above changes to its fee schedule on
                                                  Stock Market LLC (‘‘Nasdaq’’) using a                     April 3, 2017.                                         B. Self-Regulatory Organization’s
                                                  RMPL routing strategy. Orders that yield                                                                         Statement on Burden on Competition
                                                                                                            2. Statutory Basis
                                                  fee code PL would be charged a fee of
                                                  $0.0030 per share in securities priced at                    The Exchange believes that the                         The Exchange does not believe that
                                                  or above $1.00 and 0.29% of the trade’s                   proposed rule change is consistent with                the proposed rule change will impose
                                                  total dollar value in securities priced                   the objectives of Section 6 of the Act,13              any burden on competition not
                                                  below $1.00.12                                            in general, and furthers the objectives of             necessary or appropriate in furtherance
                                                     Fee Code PX. Currently, fee code PX                    Section 6(b)(4),14 in particular, as it is             of the purposes of the Act. The
                                                  only applies to orders routed using a                     designed to provide for the equitable                  Exchange does not believe that this
                                                  RMPT routing strategy. Orders that yield                  allocation of reasonable dues, fees and                change represents a significant
                                                  fee code PX are assessed a fee of $0.0012                 other charges among its Members and                    departure from previous pricing offered
                                                  per share in securities priced at or above                other persons using its facilities. The                by the Exchange or from pricing offered
                                                  $1.00 and 0.29% of the trade’s total                      Exchange believes the proposed fees                    by the Exchange’s competitors. The
                                                  dollar value in securities priced below                   under fee codes PL and PX for orders                   proposed rates would apply uniformly
                                                  $1.00. The RMPT routing strategy                          routed using the options RMPL routing                  to all Members, and Members may opt
                                                  operates similarly to RMPL in that                        strategy represents an equitable
                                                                                                                                                                   to disfavor the Exchange’s pricing if
                                                  under both Mid-Point Peg Orders check                     allocation of reasonable dues, fees, and
                                                                                                                                                                   they believe that alternatives offer them
                                                  the System for available shares and any                   other charges. The proposed change
                                                                                                            would enable the Exchange to charge a                  better value. Accordingly, the Exchange
                                                  remaining shares are then sent to                                                                                does not believe that the proposed
                                                  destinations on the System routing table                  rate reasonably related to the rate that
                                                                                                            Bats Trading, Inc. (‘‘Bats Trading’’), the             changes will impair the ability of
                                                  that support midpoint eligible orders. If
                                                                                                            Exchange’s affiliated routing broker-                  Members or competing venues to
                                                  any shares remain unexecuted after
                                                                                                            dealer, would be charged for routing                   maintain their competitive standing in
                                                     8 The term ‘‘System’’ is defined as ‘‘the electronic   orders to destinations described in fee                the financial markets. The Exchange
                                                  communications and trading facility designated by         codes PL and PX when it does not                       believes that its proposal to fees would
                                                  the Board through which securities orders of Users        qualify for a volume tier reduced fee. As              increase intermarket competition by
                                                  are consolidated for ranking, execution and, when
                                                  applicable, routing away.’’ See Exchange Rule             a result, when Bats Trading is charged                 offering customers an alternative means
                                                  1.5(aa).                                                  a fee when it routes an order which                    to route to destinations covered by fee
                                                     9 The term ‘‘System routing table’’ refers to the
                                                                                                            removes liquidity from a destination                   codes PL and PX. As stated above,
                                                  proprietary process for determining the specific          described in fee codes PL and PX.15 Bats
                                                  trading venues to which the System routes orders
                                                                                                                                                                   routing through Bats Trading is
                                                  and the order in which it routes them. See                Trading will pass through these rates to               voluntary and Members may utilize
                                                  Exchange 11.13(b)(3). While the process for               the Exchange and the Exchange, in turn,                other avenues to route orders to
                                                  determining the specific trading venues to which          will charge the rates under fee codes PL               destinations covered by fee codes PL
                                                  orders are routed is proprietary, the Exchange
                                                  publicly discloses the trading venues associated
                                                                                                            or PX, as applicable. The proposed fee                 and PX, such as connecting to those
                                                  with each routing strategy via its Web site at http://                                                           destinations directly. Additionally,
                                                                                                              13 15  U.S.C. 78f.
                                                  cdn.batstrading.com/resources/features/bats_                                                                     Members may opt to disfavor the
                                                  exchange_routing-strategies.pdf.                            14 15  U.S.C. 78f(b)(4).
                                                     10 The term ‘‘BYX Book’’ is defined as the                15 For example, Nasdaq, NYSE, NYSE Arca, BZX,       Exchange’s pricing if they believe that
                                                  ‘‘System’s electronic file of orders.’’ See Exchange      and EDGX charge a fee of $0.0030 per share for         alternatives offer them better value or if
                                                  Rule 1.5(e).                                              orders that remove midpoint liquidity. See Nasdaq’s    they view the fees as excessive. Further,
                                                     11 The term ‘‘User’’ is defined as ‘‘any Member or     fee schedule available at http://                      excessive fees would serve to impair an
                                                  Sponsored Participant who is authorized to obtain         www.nasdaqtrader.com/
                                                  access to the System pursuant to Rule 11.3.’’ See         Trader.aspx?id=PriceListTrading2; NYSE’s price         exchange’s ability to compete for order
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  Exchange Rule 1.5(cc).                                    list available at https://www.nyse.com/publicdocs/     flow and members rather than
                                                     12 Pursuant to footnote 8, the Exchange charges        nyse/markets/nyse/NYSE_Price_List.pdf; NYSE            burdening competition. The Exchange
                                                  0.29% of the transactions total dollar value in           Arca’s price list available at https://www.nyse.com/
                                                  securities priced below $1.00 that are routed using       publicdocs/nyse/markets/nyse-arca/NYSE_Arca_           believes that its proposal would not
                                                  the following routing strategies: Parallel D, Parallel    Marketplace_Fees.pdf; BZX’s fee schedule available     burden intramarket competition because
                                                  2D, ROUT, ROUX, Post to Away, RMPL, and RMPT              at http://www.bats.com/us/equities/membership/         the proposed rate would apply
                                                  routed executions. The Exchange proposes to               fee_schedule/bzx/; and EDGX’s fee schedule
                                                  modify footnote 8 to include RMPL and to append           available at http://www.bats.com/us/equities/
                                                                                                                                                                   uniformly to all Members.
                                                  footnote 8 to fee code PL.                                membership/fee_schedule/edgx/.



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                                                  18492                            Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Notices

                                                  C. Self-Regulatory Organization’s                          Commission and any person, other than                 Amendment No. 1, from interested
                                                  Statement on Comments on the                               those that may be withheld from the                   persons.
                                                  Proposed Rule Change Received From                         public in accordance with the
                                                                                                                                                                   I. Self-Regulatory Organization’s
                                                  Members, Participants, or Others                           provisions of 5 U.S.C. 552, will be
                                                                                                                                                                   Statement of the Terms of Substance of
                                                    The Exchange has not solicited, and                      available for Web site viewing and
                                                                                                                                                                   the Proposed Rule Change
                                                  does not intend to solicit, comments on                    printing in the Commission’s Public
                                                                                                             Reference Room, 100 F Street NE.,                        The Exchange proposes to list and
                                                  this proposed rule change. The
                                                                                                             Washington, DC 20549, on official                     trade shares of the Euro Gold Trust,
                                                  Exchange has not received any
                                                                                                             business days between the hours of                    Pound Gold Trust, and the Yen Gold
                                                  unsolicited written comments from
                                                                                                             10:00 a.m. and 3:00 p.m. Copies of the                Trust under NYSE Arca Equities Rule
                                                  Members or other interested parties.
                                                                                                             filing also will be available for                     8.201. The proposed change is available
                                                  III. Date of Effectiveness of the                          inspection and copying at the principal               on the Exchange’s Web site at
                                                  Proposed Rule Change and Timing for                        office of the Exchange. All comments                  www.nyse.com, at the principal office of
                                                  Commission Action                                          received will be posted without change;               the Exchange, and at the Commission’s
                                                     The foregoing rule change has become                    the Commission does not edit personal                 Public Reference Room.
                                                  effective pursuant to Section 19(b)(3)(A)                  identifying information from                          II. Self-Regulatory Organization’s
                                                  of the Act 16 and paragraph (f) of Rule                    submissions. You should submit only                   Statement of the Purpose of, and
                                                  19b–4 thereunder.17 At any time within                     information that you wish to make                     Statutory Basis for, the Proposed Rule
                                                  60 days of the filing of the proposed rule                 available publicly. All submissions                   Change
                                                  change, the Commission summarily may                       should refer to File No. SR–BatsBYX–
                                                                                                             2017–06, and should be submitted on or                   In its filing with the Commission, the
                                                  temporarily suspend such rule change if
                                                                                                             before May 10, 2017.                                  self-regulatory organization included
                                                  it appears to the Commission that such
                                                                                                                                                                   statements concerning the purpose of,
                                                  action is necessary or appropriate in the                    For the Commission, by the Division of              and basis for, the proposed rule change
                                                  public interest, for the protection of                     Trading and Markets, pursuant to delegated
                                                                                                             authority.18
                                                                                                                                                                   and discussed any comments it received
                                                  investors, or otherwise in furtherance of
                                                                                                                                                                   on the proposed rule change. The text
                                                  the purposes of the Act.                                   Brent J. Fields,
                                                                                                                                                                   of those statements may be examined at
                                                  IV. Solicitation of Comments                               Secretary.                                            the places specified in Item IV below.
                                                                                                             [FR Doc. 2017–07868 Filed 4–18–17; 8:45 am]           The Exchange has prepared summaries,
                                                    Interested persons are invited to
                                                  submit written data, views, and
                                                                                                             BILLING CODE 8011–01–P                                set forth in sections A, B, and C below,
                                                  arguments concerning the foregoing,                                                                              of the most significant parts of such
                                                  including whether the proposed rule                                                                              statements.
                                                                                                             SECURITIES AND EXCHANGE
                                                  change is consistent with the Act.                         COMMISSION                                            A. Self-Regulatory Organization’s
                                                  Comments may be submitted by any of                                                                              Statement of the Purpose of, and the
                                                  the following methods:                                     [Release No. 34–80457; File No. SR–                   Statutory Basis for, the Proposed Rule
                                                                                                             NYSEArca–2017–33]
                                                  Electronic Comments                                                                                              Change
                                                    • Use the Commission’s Internet                          Self-Regulatory Organizations; NYSE                   1. Purpose
                                                  comment form (http://www.sec.gov/                          Arca, Inc.; Notice of Filing of Proposed
                                                                                                             Rule Change, as Modified by                              The Exchange proposes to list and
                                                  rules/sro.shtml); or                                                                                             trade shares (‘‘Shares’’) of the Euro Gold
                                                    • Send an email to rule-comments@                        Amendment No. 1 Thereto, To List and
                                                                                                             Trade Shares of the Euro Gold Trust,                  Trust, Pound Gold Trust, and the Yen
                                                  sec.gov. Please include File No. SR–                                                                             Gold Trust (each a ‘‘Fund’’ and,
                                                  BatsBYX–2017–06 on the subject line.                       Pound Gold Trust, and the Yen Gold
                                                                                                             Trust Under NYSE Arca Equities Rule                   collectively, the ‘‘Funds’’), which are
                                                  Paper Comments                                             8.201                                                 series of the World Currency Gold Trust
                                                                                                                                                                   (‘‘Trust’’), under NYSE Arca Equities
                                                     • Send paper comments in triplicate                     April 13, 2017.                                       Rule 8.201.4 Under NYSE Arca Equities
                                                  to Secretary, Securities and Exchange                         Pursuant to Section 19(b)(1) 1 of the              Rule 8.201, the Exchange may propose
                                                  Commission, 100 F Street NE.,                              Securities Exchange Act of 1934 (the                  to list and/or trade pursuant to unlisted
                                                  Washington, DC 20549–1090.                                 ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                trading privileges (‘‘UTP’’)
                                                  All submissions should refer to File No.                   notice is hereby given that, on March                 ‘‘Commodity-Based Trust Shares.’’ 5
                                                  SR–BatsBYX–2017–06. This file number                       31, 2017, NYSE Arca, Inc. (the                           The Funds will not be registered
                                                  should be included on the subject line                     ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with             investment companies under the
                                                  if email is used. To help the                              the Securities and Exchange                           Investment Company Act of 1940 6 and
                                                  Commission process and review your                         Commission (the ‘‘Commission’’) the                   are not required to register under such
                                                  comments more efficiently, please use                      proposed rule change as described in                  act.
                                                  only one method. The Commission will                       Items I and II below, which Items have                   The Sponsor of the Funds and the
                                                  post all comments on the Commission’s                      been prepared by the self-regulatory                  Trust will be WGC USA Asset
                                                  Internet Web site (http://www.sec.gov/                     organization. On April 12, 2017, the
                                                  rules/sro.shtml). Copies of the                            Exchange filed Amendment No. 1 to the                    4 On March 30, 2017, the Trust filed with the

                                                  submission, all subsequent                                                                                       Commission its initial registration statement on
                                                                                                             proposal, which amended and replaced                  Form S–1 under the Securities Act of 1933 (‘‘1933
                                                  amendments, all written statements                         the proposed rule change in its entirety.             Act’’) relating to the Funds (File No. 333–217041)
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  with respect to the proposed rule                          The Commission is publishing this                     (‘‘Registration Statement’’). The description of the
                                                  change that are filed with the                             notice to solicit comments on the                     operation of the Trust and the Funds herein is
                                                  Commission, and all written                                                                                      based, in part, on the Registration Statement.
                                                                                                             proposed rule change, as modified by                     5 Commodity-Based Trust Shares are securities
                                                  communications relating to the
                                                                                                                                                                   issued by a trust that represent investors’ discrete
                                                  proposed rule change between the                             18 17 CFR 200.30–3(a)(12).                          identifiable and undivided beneficial ownership
                                                                                                               1 15 U.S.C.78s(b)(1).                               interest in the commodities deposited into the
                                                    16 15   U.S.C. 78s(b)(3)(A).                               2 15 U.S.C. 78a.                                    Trust.
                                                    17 17   CFR 240.19b–4(f).                                  3 17 CFR 240.19b–4.                                    6 15 U.S.C. 80a–1.




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Document Created: 2018-11-14 09:43:56
Document Modified: 2018-11-14 09:43:56
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 18490 

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