82_FR_19020 82 FR 18943 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use on Bats BZX Exchange, Inc.

82 FR 18943 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use on Bats BZX Exchange, Inc.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 77 (April 24, 2017)

Page Range18943-18945
FR Document2017-08163

Federal Register, Volume 82 Issue 77 (Monday, April 24, 2017)
[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Notices]
[Pages 18943-18945]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08163]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80478; File No. SR-BatsBZX-2017-22]


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

April 18, 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 April 12, 2017, Bats BZX Exchange, Inc. (the ``Exchange'' or 
``BZX'') 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 BZX 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 applicable to its 
equities trading platform (``BZX Equities'') to: (i) Add new tiers 
under footnotes 1 and 4; and (ii) eliminate tier 4 under footnote 3.
Add Volume Tiers Under Footnote 1
    The Exchange currently offers nine Add Volume Tiers under footnote 
1, which provide an enhanced rebate of $0.0025 to $0.0032 per share for 
qualifying orders which yield fee codes B, V, or Y.\6\ The Exchange now 
proposes to add two additional tiers which will provide an enhanced 
rebate per share for qualifying orders which yield fee code 
HA.7 8
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    \6\ Fee codes B, V, and Y are appended to displayed orders that 
add liquidity in tape B, A, or C, respectively. See the Exchange's 
fee schedule available at http://www.bats.com/us/equities/membership/fee_schedule/bzx/.
    \7\ Fee code HA is appended to non-displayed orders which add 
liquidity. Id.
    \8\ The Exchange proposes to add additional labels to the table 
in footnote 1 to further clarify which tiers apply to orders 
yielding the differentiating fee codes. The Exchange also proposes 
to append footnote 1 to fee code HA in connection with this change.
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     Under the proposed Non-Displayed Add Volume Tier 1, a 
Member may receive an enhanced rebate of $0.0020 per share where they 
add an ADV greater than or equal to 0.09% of the TCV, as Non-Displayed 
orders that yield fee codes HA or HI.
     Under the proposed Non-Displayed Add Volume Tier 2, a 
Member may receive an enhanced rebate of $0.0025 per share where they 
add an ADV greater than or equal to 0.18% of the TCV, as Non-Displayed 
orders that yield fee codes HA or HI.
Single MPID Investor Tier Under Footnote 4
    The Exchange currently offers one Single MPID Investor Tier under 
footnote 4, which provides an enhanced rebate of $0.0031 per share for 
qualifying orders which yield fee codes B, V, or Y. The distinction 
between the existing tier under footnote 4 and other tiers offered by 
the Exchange, is that the volume measured to determine whether a Member 
qualifies is performed on an MPID by MPID basis. The Exchange now 
proposes to add an additional single MPID tier which will provide an 
enhanced rebate per share for qualifying orders which yield fee codes 
B, V, or Y. Under the proposed Step-Up Add Tier under footnote 4, a 
Member may receive an enhanced rebate of $0.0027 per share where the 
MPID has a Step-Up ADAV from November 2016, greater than or equal to 
500,000 shares.
Eliminate Tier 4 Under Footnote 3
    The Exchange currently offers five Cross-Asset Step-Up Tiers under 
footnote 3, which provide an enhanced rebate per contract ranging from 
$0.0027 to $0.0032 per share for qualifying orders. Tiers 1 through 4 
apply to orders which yield fee codes B, V, or Y. Tier 5 applies to 
orders which yield fee codes BB, N, or W.\9\ The Exchange now proposes 
to eliminate Tier 4 under footnote 3, which provides a rebate of 
$0.0032 per share for Members that have an Options Step-Up Add TCV in 
Customer orders from October 2016 baseline greater than or equal to 
0.35%.\10\
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    \9\ Fee codes BB, N, and W are appended to orders that remove 
liquidity in tape B, C, or A, respectively. See the Exchange's fee 
schedule available at http://www.bats.com/us/equities/membership/fee_schedule/bzx/.
    \10\ In connection with the elimination of Tier 4, the Exchange 
proposes that Tier 5 be renamed to Tier 4.
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Implementation Date
    The Exchange proposes to implement these amendments to its fee 
schedule immediately.\11\
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    \11\ The Exchange initially filed the proposed amendments to its 
fee schedule on March 31, 2017 (SR-BatsBZX-2017-21). On April 12, 
2017, the Exchange withdrew SR-BatsBZX-2017-21 and then subsequently 
submitted this filing (SR-BatsBZX-2017-22).
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2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent 
with the objectives of Section 6 of the Act,\12\ in general, and 
furthers the objectives of Section 6(b)(4),\13\ in particular, as it is 
designed to provide

[[Page 18944]]

for the equitable allocation of reasonable dues, fees and other charges 
among its Members and other persons using its facilities. The Exchange 
also notes that it operates in a highly-competitive market in which 
market participants can readily direct order flow to competing venues 
if they deem fee levels at a particular venue to be excessive or 
incentives to be insufficient. The proposed rule changes reflect a 
competitive pricing structure designed to incentivize market 
participants to direct their order flow to the Exchange.
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    \12\ 15 U.S.C. 78f.
    \13\ 15 U.S.C. 78f(b)(4).
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Addition of New Volume Tiers
    The Exchange believes that the proposed modifications to the tiered 
pricing structure are reasonable, fair and equitable, and non-
discriminatory. The Exchange operates in a highly competitive market in 
which market participants may readily send order flow to many competing 
venues if they deem fees at the Exchange to be excessive or incentives 
provided to be insufficient. The proposed structure remains intended to 
attract order flow to the Exchange by offering market participants a 
competitive pricing structure. The Exchange believes it is reasonable 
to offer and incrementally modify incentives intended to help to 
contribute to the growth of the Exchange.
    Volume-based pricing such as that proposed herein have been widely 
adopted by exchanges, including the Exchange, and are equitable because 
they are open to all Members on an equal basis and provide additional 
benefits or discounts that are reasonably related to: (i) The value to 
an exchange's market quality; (ii) associated higher levels of market 
activity, such as higher levels of liquidity provisions and/or growth 
patterns; and (iii) introduction of higher volumes of orders into the 
price and volume discovery processes.
    Add Volume Tiers. The proposed additions of two Non-Displayed Add 
Volume Tiers reinforces the purpose of the Add Volume Tier by 
incentivizing Members to send Non-Displayed orders to the Exchange. 
Thus, the Exchange believes that the proposed modifications to the 
tiered pricing structure under footnote 1 is a reasonable, equitable, 
and not an unfairly discriminatory allocation of fees and rebates 
because they will provide Members with an incentive to reach certain 
thresholds on the Exchange by contributing a meaningful amount of order 
flow and because such an incentive is open to all Members on an equal 
basis.
    Single MPID Investor Tier. The proposed addition of a Single MPID 
Step-Up Add Tier reinforces the purpose of the Single MPID Investor 
Tier by incentivizing Members to send higher level of orders to the 
Exchange. By applying the tier on a single MPID rather than across a 
Member's entire trading activity, the Exchange is also allowing more 
Members to potentially receive the enhanced rebates for their trading 
activity related to liquidity provision. Thus, the Exchange believes 
that the proposed modification to the tiered pricing structure under 
footnote 4 is a reasonable, equitable, and not an unfairly 
discriminatory allocation of fees and rebates because it will provide 
Members with an incentive to reach certain thresholds on the Exchange 
by contributing a meaningful amount of order flow. As is true for the 
Add Volume Tiers described above, the proposed tier under footnote 4 is 
available to all Members.
Elimination of Unused Tiers
    The Exchange believes that the proposed modifications to eliminate 
Tier 4 under footnote 3 is reasonable, fair, and equitable because the 
current tier was not providing the desired result of incentivizing 
Members to increase their participation in BZX Equities and in the 
Exchange's equity options platform (``BZX Options''). Therefore, 
eliminating this tier will have a negligible effect on order flow and 
market behavior. The Exchange believes the proposed change is not 
unfairly discriminatory because it will apply equally to all 
participants.

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 any of the proposed change to the Exchange's tiered pricing 
structure burden competition, but instead, that they enhance 
competition as they are intended to increase the competitiveness of BZX 
by modifying pricing incentives in order to attract order flow and 
incentivize participants to increase their participation on the 
Exchange. The Exchange notes that it operates in a highly competitive 
market in which market participants can readily direct order flow to 
competing venues if they deem fee structures to be unreasonable or 
excessive. The proposed changes are generally intended to enhance the 
rebates for liquidity added to the Exchange, which is intended to draw 
additional liquidity to the Exchange, and to eliminate a rebate that 
has not achieved its desired result. The Exchange does not believe the 
proposed amendments would burden intramarket competition as they would 
be available to all Members uniformly.

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 \14\ and paragraph (f) of Rule 19b-4 
thereunder.\15\ 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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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 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 No. SR-BatsBZX-2017-22 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-BatsBZX-2017-22. 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

[[Page 18945]]

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-BatsBZX-2017-22, and should be submitted on or before May 
15, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-08163 Filed 4-21-17; 8:45 am]
BILLING CODE 8011-01-P



                                                                                  Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices                                                     18943

                                                    For the Commission, by the Division of                 II. Self-Regulatory Organization’s                       Single MPID Investor Tier Under
                                                  Trading and Markets, pursuant to delegated               Statement of the Purpose of, and                         Footnote 4
                                                  authority.12                                             Statutory Basis for, the Proposed Rule                      The Exchange currently offers one
                                                  Eduardo A. Aleman,                                       Change                                                   Single MPID Investor Tier under
                                                  Assistant Secretary.                                                                                              footnote 4, which provides an enhanced
                                                                                                             In its filing with the Commission, the
                                                  [FR Doc. 2017–08162 Filed 4–21–17; 8:45 am]
                                                                                                           Exchange included statements                             rebate of $0.0031 per share for
                                                  BILLING CODE 8011–01–P                                   concerning the purpose of and basis for                  qualifying orders which yield fee codes
                                                                                                           the proposed rule change and discussed                   B, V, or Y. The distinction between the
                                                                                                           any comments it received on the                          existing tier under footnote 4 and other
                                                  SECURITIES AND EXCHANGE                                  proposed rule change. The text of these                  tiers offered by the Exchange, is that the
                                                  COMMISSION                                               statements may be examined at the                        volume measured to determine whether
                                                                                                           places specified in Item IV below. The                   a Member qualifies is performed on an
                                                  [Release No. 34–80478; File No. SR–                      Exchange has prepared summaries, set                     MPID by MPID basis. The Exchange
                                                  BatsBZX–2017–22]                                         forth in Sections A, B, and C below, of                  now proposes to add an additional
                                                                                                           the most significant parts of such                       single MPID tier which will provide an
                                                  Self-Regulatory Organizations; Bats                      statements.                                              enhanced rebate per share for qualifying
                                                  BZX Exchange, Inc.; Notice of Filing                                                                              orders which yield fee codes B, V, or Y.
                                                  and Immediate Effectiveness of a                         A. Self-Regulatory Organization’s                        Under the proposed Step-Up Add Tier
                                                  Proposed Rule Change Related to Fees                     Statement of the Purpose of, and the                     under footnote 4, a Member may receive
                                                  for Use on Bats BZX Exchange, Inc.                       Statutory Basis for, the Proposed Rule                   an enhanced rebate of $0.0027 per share
                                                                                                           Change                                                   where the MPID has a Step-Up ADAV
                                                  April 18, 2017.                                                                                                   from November 2016, greater than or
                                                                                                           1. Purpose
                                                     Pursuant to Section 19(b)(1) of the                                                                            equal to 500,000 shares.
                                                  Securities Exchange Act of 1934 (the                        The Exchange proposes to amend its                    Eliminate Tier 4 Under Footnote 3
                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                   fee schedule applicable to its equities
                                                  notice is hereby given that on April 12,                 trading platform (‘‘BZX Equities’’) to: (i)                The Exchange currently offers five
                                                  2017, Bats BZX Exchange, Inc. (the                       Add new tiers under footnotes 1 and 4;                   Cross-Asset Step-Up Tiers under
                                                  ‘‘Exchange’’ or ‘‘BZX’’) filed with the                  and (ii) eliminate tier 4 under footnote                 footnote 3, which provide an enhanced
                                                  Securities and Exchange Commission                       3.                                                       rebate per contract ranging from $0.0027
                                                  (‘‘Commission’’) the proposed rule                                                                                to $0.0032 per share for qualifying
                                                                                                           Add Volume Tiers Under Footnote 1                        orders. Tiers 1 through 4 apply to orders
                                                  change as described in Items I, II and III
                                                  below, which Items have been prepared                                                                             which yield fee codes B, V, or Y. Tier
                                                                                                             The Exchange currently offers nine
                                                  by the Exchange. The Exchange has                                                                                 5 applies to orders which yield fee
                                                                                                           Add Volume Tiers under footnote 1,
                                                  designated the proposed rule change as                                                                            codes BB, N, or W.9 The Exchange now
                                                                                                           which provide an enhanced rebate of
                                                  one establishing or changing a member                                                                             proposes to eliminate Tier 4 under
                                                                                                           $0.0025 to $0.0032 per share for
                                                  due, fee, or other charge imposed by the                                                                          footnote 3, which provides a rebate of
                                                                                                           qualifying orders which yield fee codes
                                                  Exchange under Section 19(b)(3)(A)(ii)                                                                            $0.0032 per share for Members that have
                                                                                                           B, V, or Y.6 The Exchange now proposes
                                                  of the Act 3 and Rule 19b–4(f)(2)                                                                                 an Options Step-Up Add TCV in
                                                                                                           to add two additional tiers which will
                                                  thereunder,4 which renders the                                                                                    Customer orders from October 2016
                                                                                                           provide an enhanced rebate per share
                                                  proposed rule change effective upon                                                                               baseline greater than or equal to
                                                                                                           for qualifying orders which yield fee
                                                  filing with the Commission. The                                                                                   0.35%.10
                                                                                                           code HA.7 8
                                                  Commission is publishing this notice to                    • Under the proposed Non-Displayed                     Implementation Date
                                                  solicit comments on the proposed rule                    Add Volume Tier 1, a Member may                            The Exchange proposes to implement
                                                  change from interested persons.                          receive an enhanced rebate of $0.0020                    these amendments to its fee schedule
                                                  I. Self-Regulatory Organization’s                        per share where they add an ADV                          immediately.11
                                                  Statement of the Terms of Substance of                   greater than or equal to 0.09% of the
                                                                                                                                                                    2. Statutory Basis
                                                  the Proposed Rule Change                                 TCV, as Non-Displayed orders that yield
                                                                                                           fee codes HA or HI.                                         The Exchange believes that the
                                                     The Exchange filed a proposal to                        • Under the proposed Non-Displayed                     proposed rule changes are consistent
                                                  amend the fee schedule applicable to                     Add Volume Tier 2, a Member may                          with the objectives of Section 6 of the
                                                  Members 5 and non-members of the                         receive an enhanced rebate of $0.0025                    Act,12 in general, and furthers the
                                                  Exchange pursuant to BZX Rules 15.1(a)                   per share where they add an ADV                          objectives of Section 6(b)(4),13 in
                                                  and (c).                                                 greater than or equal to 0.18% of the                    particular, as it is designed to provide
                                                     The text of the proposed rule change                  TCV, as Non-Displayed orders that yield                    9 Fee codes BB, N, and W are appended to orders
                                                  is available at the Exchange’s Web site                  fee codes HA or HI.                                      that remove liquidity in tape B, C, or A,
                                                  at www.bats.com, at the principal office                                                                          respectively. See the Exchange’s fee schedule
                                                  of the Exchange, and at the                                 6 Fee codes B, V, and Y are appended to displayed     available at http://www.bats.com/us/equities/
                                                  Commission’s Public Reference Room.                      orders that add liquidity in tape B, A, or C,            membership/fee_schedule/bzx/.
                                                                                                                                                                      10 In connection with the elimination of Tier 4,
                                                                                                           respectively. See the Exchange’s fee schedule
                                                                                                           available at http://www.bats.com/us/equities/            the Exchange proposes that Tier 5 be renamed to
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                    12 17 CFR 200.30–3(a)(44).                             membership/fee_schedule/bzx/.                            Tier 4.
                                                    1 15 U.S.C. 78s(b)(1).                                                                                            11 The Exchange initially filed the proposed
                                                                                                              7 Fee code HA is appended to non-displayed
                                                    2 17 CFR 240.19b–4.
                                                                                                           orders which add liquidity. Id.                          amendments to its fee schedule on March 31, 2017
                                                    3 15 U.S.C. 78s(b)(3)(A)(ii).                             8 The Exchange proposes to add additional labels      (SR–BatsBZX–2017–21). On April 12, 2017, the
                                                    4 17 CFR 240.19b–4(f)(2).
                                                                                                           to the table in footnote 1 to further clarify which      Exchange withdrew SR–BatsBZX–2017–21 and then
                                                    5 The term ‘‘Member’’ is defined as ‘‘any              tiers apply to orders yielding the differentiating fee   subsequently submitted this filing (SR–BatsBZX–
                                                  registered broker or dealer that has been admitted       codes. The Exchange also proposes to append              2017–22).
                                                                                                                                                                      12 15 U.S.C. 78f.
                                                  to membership in the Exchange.’’ See Exchange            footnote 1 to fee code HA in connection with this
                                                  Rule 1.5(n).                                             change.                                                    13 15 U.S.C. 78f(b)(4).




                                             VerDate Sep<11>2014    13:48 Apr 21, 2017   Jkt 241001   PO 00000   Frm 00055   Fmt 4703   Sfmt 4703   E:\FR\FM\24APN1.SGM    24APN1


                                                  18944                          Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices

                                                  for the equitable allocation of reasonable              purpose of the Single MPID Investor                   result. The Exchange does not believe
                                                  dues, fees and other charges among its                  Tier by incentivizing Members to send                 the proposed amendments would
                                                  Members and other persons using its                     higher level of orders to the Exchange.               burden intramarket competition as they
                                                  facilities. The Exchange also notes that                By applying the tier on a single MPID                 would be available to all Members
                                                  it operates in a highly-competitive                     rather than across a Member’s entire                  uniformly.
                                                  market in which market participants can                 trading activity, the Exchange is also
                                                  readily direct order flow to competing                  allowing more Members to potentially                  C. Self-Regulatory Organization’s
                                                  venues if they deem fee levels at a                     receive the enhanced rebates for their                Statement on Comments on the
                                                  particular venue to be excessive or                     trading activity related to liquidity                 Proposed Rule Change Received From
                                                  incentives to be insufficient. The                      provision. Thus, the Exchange believes                Members, Participants, or Others
                                                  proposed rule changes reflect a                         that the proposed modification to the                   The Exchange has not solicited, and
                                                  competitive pricing structure designed                  tiered pricing structure under footnote 4             does not intend to solicit, comments on
                                                  to incentivize market participants to                   is a reasonable, equitable, and not an                this proposed rule change. The
                                                  direct their order flow to the Exchange.                unfairly discriminatory allocation of                 Exchange has not received any
                                                                                                          fees and rebates because it will provide              unsolicited written comments from
                                                  Addition of New Volume Tiers
                                                                                                          Members with an incentive to reach                    Members or other interested parties.
                                                     The Exchange believes that the                       certain thresholds on the Exchange by
                                                  proposed modifications to the tiered                                                                          III. Date of Effectiveness of the
                                                                                                          contributing a meaningful amount of
                                                  pricing structure are reasonable, fair and                                                                    Proposed Rule Change and Timing for
                                                                                                          order flow. As is true for the Add
                                                  equitable, and non-discriminatory. The                                                                        Commission Action
                                                                                                          Volume Tiers described above, the
                                                  Exchange operates in a highly                           proposed tier under footnote 4 is                        The foregoing rule change has become
                                                  competitive market in which market                      available to all Members.                             effective pursuant to Section 19(b)(3)(A)
                                                  participants may readily send order                                                                           of the Act 14 and paragraph (f) of Rule
                                                  flow to many competing venues if they                   Elimination of Unused Tiers                           19b–4 thereunder.15 At any time within
                                                  deem fees at the Exchange to be                            The Exchange believes that the                     60 days of the filing of the proposed rule
                                                  excessive or incentives provided to be                  proposed modifications to eliminate                   change, the Commission summarily may
                                                  insufficient. The proposed structure                    Tier 4 under footnote 3 is reasonable,                temporarily suspend such rule change if
                                                  remains intended to attract order flow to               fair, and equitable because the current               it appears to the Commission that such
                                                  the Exchange by offering market                         tier was not providing the desired result             action is necessary or appropriate in the
                                                  participants a competitive pricing                      of incentivizing Members to increase                  public interest, for the protection of
                                                  structure. The Exchange believes it is                  their participation in BZX Equities and               investors, or otherwise in furtherance of
                                                  reasonable to offer and incrementally                   in the Exchange’s equity options                      the purposes of the Act.
                                                  modify incentives intended to help to                   platform (‘‘BZX Options’’). Therefore,
                                                  contribute to the growth of the                         eliminating this tier will have a                     IV. Solicitation of Comments
                                                  Exchange.                                               negligible effect on order flow and                     Interested persons are invited to
                                                     Volume-based pricing such as that                    market behavior. The Exchange believes                submit written data, views, and
                                                  proposed herein have been widely                        the proposed change is not unfairly                   arguments concerning the foregoing,
                                                  adopted by exchanges, including the                     discriminatory because it will apply                  including whether the proposed rule
                                                  Exchange, and are equitable because                     equally to all participants.                          change is consistent with the Act.
                                                  they are open to all Members on an                                                                            Comments may be submitted by any of
                                                  equal basis and provide additional                      B. Self-Regulatory Organization’s
                                                                                                          Statement on Burden on Competition                    the following methods:
                                                  benefits or discounts that are reasonably
                                                  related to: (i) The value to an exchange’s                 The Exchange does not believe that                 Electronic Comments
                                                  market quality; (ii) associated higher                  the proposed rule change will impose                    • Use the Commission’s Internet
                                                  levels of market activity, such as higher               any burden on competition not                         comment form (http://www.sec.gov/
                                                  levels of liquidity provisions and/or                   necessary or appropriate in furtherance               rules/sro.shtml); or
                                                  growth patterns; and (iii) introduction of              of the purposes of the Act. The                         • Send an email to rule-comments@
                                                  higher volumes of orders into the price                 Exchange does not believe that any of                 sec.gov. Please include File No. SR–
                                                  and volume discovery processes.                         the proposed change to the Exchange’s                 BatsBZX–2017–22 on the subject line.
                                                     Add Volume Tiers. The proposed                       tiered pricing structure burden
                                                  additions of two Non-Displayed Add                      competition, but instead, that they                   Paper Comments
                                                  Volume Tiers reinforces the purpose of                  enhance competition as they are                          • Send paper comments in triplicate
                                                  the Add Volume Tier by incentivizing                    intended to increase the                              to Secretary, Securities and Exchange
                                                  Members to send Non-Displayed orders                    competitiveness of BZX by modifying                   Commission, 100 F Street NE.,
                                                  to the Exchange. Thus, the Exchange                     pricing incentives in order to attract                Washington, DC 20549–1090.
                                                  believes that the proposed modifications                order flow and incentivize participants               All submissions should refer to File No.
                                                  to the tiered pricing structure under                   to increase their participation on the                SR–BatsBZX–2017–22. This file number
                                                  footnote 1 is a reasonable, equitable, and              Exchange. The Exchange notes that it                  should be included on the subject line
                                                  not an unfairly discriminatory                          operates in a highly competitive market               if email is used. To help the
                                                  allocation of fees and rebates because                  in which market participants can                      Commission process and review your
                                                  they will provide Members with an                       readily direct order flow to competing                comments more efficiently, please use
                                                                                                          venues if they deem fee structures to be
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                                                  incentive to reach certain thresholds on                                                                      only one method. The Commission will
                                                  the Exchange by contributing a                          unreasonable or excessive. The                        post all comments on the Commission’s
                                                  meaningful amount of order flow and                     proposed changes are generally                        Internet Web site (http://www.sec.gov/
                                                  because such an incentive is open to all                intended to enhance the rebates for                   rules/sro.shtml). Copies of the
                                                  Members on an equal basis.                              liquidity added to the Exchange, which                submission, all subsequent
                                                     Single MPID Investor Tier. The                       is intended to draw additional liquidity
                                                  proposed addition of a Single MPID                      to the Exchange, and to eliminate a                     14 15   U.S.C. 78s(b)(3)(A).
                                                  Step-Up Add Tier reinforces the                         rebate that has not achieved its desired                15 17   CFR 240.19b–4(f).



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                                                                                   Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices                                                  18945

                                                  amendments, all written statements                        with an appropriate regulatory agency                 hourly rate for clerical staff time). We
                                                  with respect to the proposed rule                         (‘‘ARA’’) to withdraw from registration               estimate that outside filing agents
                                                  change that are filed with the                            by filing a written notice of withdrawal              charge $100 to complete and file at
                                                  Commission, and all written                               with the ARA and by agreeing to such                  TA–W on behalf of a registrant,
                                                  communications relating to the                            terms and conditions as the ARA deems                 reflecting an external labor cost to
                                                  proposed rule change between the                          necessary or appropriate in the public                respondents. The total annual time
                                                  Commission and any person, other than                     interest, for the protection of investors,            burden to the transfer agent industry is
                                                  those that may be withheld from the                       or in the furtherance of the purposes of              approximately 9 hours (17 filings × 0.5
                                                  public in accordance with the                             Section 17A.                                          hours). The total annual external labor
                                                  provisions of 5 U.S.C. 552, will be                          In order to implement Section                      cost to respondents is $340 (17 annual
                                                  available for Web site viewing and                        17A(c)(4)(B) of the Exchange Act, the                 forms × $100 × 20%).
                                                  printing in the Commission’s Public                       Commission promulgated Rule 17Ac3–
                                                                                                                                                                    Written comments are invited on: (a)
                                                  Reference Room, 100 F Street NE.,                         1(a) (17 CFR 240.17Ac3–1(a)) and
                                                                                                                                                                  Whether the proposed collection of
                                                  Washington, DC 20549, on official                         accompanying Form TA–W (17 CFR
                                                                                                                                                                  information is necessary for the proper
                                                  business days between the hours of                        249b.101) on September 1, 1977. Rule
                                                                                                                                                                  performance of the functions of the
                                                  10:00 a.m. and 3:00 p.m. Copies of the                    17Ac3–1(a) provides that notice of
                                                                                                                                                                  Commission, including whether the
                                                  filing also will be available for                         withdrawal from registration as a
                                                                                                            transfer agent with the Commission                    information shall have practical utility;
                                                  inspection and copying at the principal
                                                                                                            shall be filed on Form TA–W. Form                     (b) the accuracy of the Commission’s
                                                  office of the Exchange. All comments
                                                                                                            TA–W requires the withdrawing transfer                estimates of the burden of the proposed
                                                  received will be posted without change;
                                                                                                            agent to provide the Commission with                  collection of information; (c) ways to
                                                  the Commission does not edit personal
                                                                                                            certain information, including: (1) The               enhance the quality, utility, and clarity
                                                  identifying information from
                                                                                                            locations where transfer agent activities             of the information collected; and (d)
                                                  submissions. You should submit only
                                                                                                            are or were performed; (2) the reasons                ways to minimize the burden of the
                                                  information that you wish to make
                                                  available publicly. All submissions                       for ceasing the performance of such                   collection of information on
                                                  should refer to File No. SR–BatsBZX–                      activities; (3) disclosure of unsatisfied             respondents, including through the use
                                                  2017–22, and should be submitted on or                    judgments or liens; and (4) information               of automated collection techniques or
                                                  before May 15, 2017.                                      regarding successor transfer agents.                  other forms of information technology.
                                                                                                               The Commission uses the information                Consideration will be given to
                                                    For the Commission, by the Division of                                                                        comments and suggestions submitted in
                                                  Trading and Markets, pursuant to delegated                disclosed on Form TA–W to determine
                                                                                                            whether the registered transfer agent                 writing within 60 days of this
                                                  authority.16
                                                                                                            applying for withdrawal from                          publication.
                                                  Eduardo A. Aleman,
                                                  Assistant Secretary.                                      registration as a transfer agent should be              An agency may not conduct or
                                                                                                            allowed to deregister and, if so, whether             sponsor, and a person is not required to
                                                  [FR Doc. 2017–08163 Filed 4–21–17; 8:45 am]
                                                                                                            the Commission should attach to the                   respond to, a collection of information
                                                  BILLING CODE 8011–01–P
                                                                                                            granting of the application any terms or              under the PRA unless it displays a
                                                                                                            conditions necessary or appropriate in                currently valid OMB control number.
                                                  SECURITIES AND EXCHANGE                                   the public interest, for the protection of
                                                                                                                                                                    Please direct your written comments
                                                  COMMISSION                                                investors, or in furtherance of the
                                                                                                                                                                  to: Pamela Dyson, Director/Chief
                                                                                                            purposes of Section 17A of the
                                                  [Extension: Rule 17Ac3–1(a) and Form                                                                            Information Officer, Securities and
                                                                                                            Exchange Act. Without Rule 17Ac3–1(a)
                                                  TA–W; SEC File No. 270–96, OMB Control                                                                          Exchange Commission, c/o Remi Pavlik-
                                                                                                            and Form TA–W, transfer agents
                                                  No. 3235–0151]                                                                                                  Simon, 100 F Street NE., Washington,
                                                                                                            registered with the Commission would
                                                                                                                                                                  DC 20549, or send an email to: PRA_
                                                                                                            not have a means to voluntarily
                                                  Proposed Collection; Comment                                                                                    Mailbox@sec.gov.
                                                                                                            deregister when it is necessary or
                                                  Request                                                                                                           Dated: April 18, 2017.
                                                                                                            appropriate to do so.
                                                  Upon Written Request, Copies Available                       On average, respondents have filed                 Eduardo A. Aleman,
                                                     From: Securities and Exchange                          approximately 17 TA–Ws with the                       Assistant Secretary.
                                                     Commission, Office of FOIA Services,                   Commission annually from 2014 to
                                                                                                                                                                  [FR Doc. 2017–08168 Filed 4–21–17; 8:45 am]
                                                     100 F Street NE., Washington, DC                       2017. A Form TA–W filing occurs only
                                                                                                                                                                  BILLING CODE 8011–01–P
                                                     20549–2736.                                            once, when a transfer agent is seeking to
                                                     Notice is hereby given that, pursuant                  deregister. Approximately 80 percent of
                                                  to the Paperwork Reduction Act of 1995                    Form TA–Ws are completed by the
                                                                                                            transfer agent or its employees and                   SECURITIES AND EXCHANGE
                                                  (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the                                                                         COMMISSION
                                                  Securities and Exchange Commission                        approximately 20 percent of Form
                                                  (‘‘Commission’’) is soliciting comments                   TA–Ws are completed by an outside
                                                  on the existing collection of information                 filing agent that is hired by the                     [Release No. 34–80482; File No. SR–GEMX–
                                                  provided for in Rule 17Ac3–1(a) and                       registrant to prepare the form and file it            2017–03]
                                                  Form TA–W, under the Securities                           electronically. In view of the readily-
                                                                                                            available information requested by Form               Self-Regulatory Organizations; Nasdaq
                                                  Exchange Act of 1934 (15 U.S.C. 78a et
                                                                                                            TA–W, its short and simple                            GEMX, LLC; Notice of Filing and
                                                  seq.) (‘‘Exchange Act’’). The
                                                                                                            presentation, and the Commission’s                    Immediate Effectiveness of Proposed
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  Commission plans to submit this
                                                                                                            experience with the filers, we estimate               Rule Change To Amend the Rulebook
                                                  existing collection of information to the
                                                  Office of Management and Budget                           that approximately 30 minutes is                      and Schedule of Fees To Incorporate
                                                  (‘‘OMB’’) for extension and approval.                     required to complete and file Form                    Certain Name Changes
                                                     Section 17A(c)(4)(B) of the Exchange                   TA–W. For transfer agents that complete               April 18, 2017.
                                                  Act authorizes transfer agents registered                 Form TA–W themselves, we estimate
                                                                                                            the internal labor cost of compliance per               Pursuant to Section 19(b)(1) of the
                                                    16 17   CFR 200.30–3(a)(12).                            filing is $25 (0.5 hours × $50 average                Securities Exchange Act of 1934 (the


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Document Created: 2017-04-22 00:11:35
Document Modified: 2017-04-22 00:11:35
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 18943 

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