82_FR_22779 82 FR 22685 - Self-Regulatory Organizations; Bats EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees

82 FR 22685 - Self-Regulatory Organizations; Bats EDGA 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 94 (May 17, 2017)

Page Range22685-22687
FR Document2017-09923

Federal Register, Volume 82 Issue 94 (Wednesday, May 17, 2017)
[Federal Register Volume 82, Number 94 (Wednesday, May 17, 2017)]
[Notices]
[Pages 22685-22687]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09923]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80653; File No. SR-BatsEDGA-2017-12]


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

May 11, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on May 5, 2017, Bats EDGA Exchange, Inc. (the ``Exchange'' or 
``EDGA'') 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 EDGA 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) Lower the 
rate for fee code RT; and (ii) add the RMPT/RMPL Tier 2.
Fee Code RT
    The Exchange proposes to decrease the fee for orders yielding fee 
code RT, which is appended to orders routed using the ROUT \6\ routing 
strategy, from $0.00260 to $0.00250 per share for securities priced at 
or above $1.00 per share. The Exchange does not propose to amend the 
rate for orders yielding fee code RT in securities priced below $1.00 
per share.
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    \6\ ROUT is a routing strategy that checks the System for 
available shares and then are sent to destinations on the System 
routing table. See Exchange Rule 11.11(g)(3)(B). 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 Rule 11.11(g).
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RMPT/RMPL Tier 2
    The Exchange offers one tier under footnote 4, the RMPT/RMPL Tier 
under which a Member receives a discounted fee of $0.0008 per share for 
orders yielding fee codes PT \7\ or PX \8\ where that Member adds or 
removes an ADV \9\ greater than or equal to 2,000,000 shares using the 
RMPT or RMPL \10\ routing strategy. The Exchange now proposes to add a 
new tier under footnote 4 to be known as Tier 2 under which a Member 
would receive a discounted fee of $0.0006 per share for orders yielding 
fee codes PT or PX where that Member adds or removes an ADV greater 
than or equal to 4,000,000 shares using the RMPT or RMPL routing 
strategy.\11\
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    \7\ Fee code PT is appended to orders that remove liquidity from 
the Exchange using RMPT or RMPL routing strategy and is assessed a 
fee of $0.0010 per share on securities priced over $1.00, and there 
is no fee on securities priced below $1.00. See the Exchange's fee 
schedule available at http://www.bats.com/us/equities/membership/fee_schedule/edga/.
    \8\ Fee code PX is append to orders that are routed using the 
RMPL routing strategy to a destination not covered by Fee Code PL, 
or are routed using the RMPT routing strategy, and is assessed a fee 
of $0.0012 per share on securities priced over $1.00, and a fee of 
30% of the total dollar value on securities priced below $1.00. Id.
    \9\ ADV is generally defined as average daily volume calculated 
as the number of shares added to, removed from, or routed by, the 
Exchange, or any combination or subset thereof, per day. Id.
    \10\ 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 EDGA 
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. See Exchange Rule 11.11(g)(13).
    \11\ As a result of the fee schedule layout change in adding a 
second tier, the description of which fee codes are appended with 
footnote 3 will be moved above the table similar to the layout of 
the table in footnote 4.

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[[Page 22686]]

Implementation Date
    The Exchange proposes to implement the above changes to its fee 
schedule immediately.\12\
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    \12\ The Exchange initially submitted the proposed fee change on 
May 1, 2017. (SR-BatsEDGA-2017-09). On May 5, 2017, the Exchange 
withdrew SR-BatsEDGA-2017-09 and submitted this filing.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the objectives of Section 6 of the Act,\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.
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    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(4).
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Fee Code RT
    The Exchange believes that its proposal to decrease the fee for 
orders that yield fee code RT represents an equitable allocation of 
reasonable dues, fees, and other charges among Members and other 
persons using its facilities in that it continues to be designed to 
cover the costs of routing incurred by the Exchange. The Exchange 
believes the decreased fee will attract additional liquidity to the 
Exchange as orders routed using the ROUT routing strategy first check 
the Exchange for available shares before routing and any unexecuted 
returned shares are posted to the Exchange. While the affected Members' 
orders will be charged a lower fee due to the proposal, the revenue 
received by the Exchange will continue to be used to fund the Exchange 
generally, including the cost of maintaining and improving the 
technology used to handle and route orders from the Exchange as well as 
programs that the Exchange believes help to attract additional 
liquidity and thus improve the depth of liquidity available on the 
Exchange. Furthermore, the Exchange notes that routing through the 
Exchange is voluntary. Lastly, the Exchange also believes that the 
proposed amendment is non-discriminatory because it applies uniformly 
to all Members.
RMPT/RMPL Tier 2
    The Exchange believe that the addition of the RMPL/RMPT Tier 2 is 
also reasonable and equitable because it is similar to the RMPL/RMPT 
Tier 1 and its inclusion of the RMPL and RMPT routing strategies 
results in the equal treatment of those orders under the Exchange's 
tiered pricing structure. The proposed new RMPT/RMPL Tier 2 should also 
attract additional midpoint liquidity to the Exchange, resulting in 
increased price improvement opportunities for orders seeking an 
execution at the midpoint of the NBBO on the Exchange or elsewhere.
    In addition, volume-based rebates such as that proposed herein have 
been widely adopted by exchanges and are equitable because they are 
open to all Members on an equal basis and provide additional benefits 
or discounts that are reasonably related to: (i) the value to an 
exchange's market quality; (ii) associated higher levels of market 
activity, such as higher levels of liquidity provision and/or growth 
patterns; and (iii) the introduction of higher volumes of orders into 
the price and volume discovery processes. The Exchange believes that 
the proposed tier is a reasonable, fair and equitable, and not an 
unfairly discriminatory allocation of fees and rebates, because it will 
provide Members with an additional incentive to reach certain 
thresholds on the Exchange.

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

    This proposed rule change does not impose any burden on competition 
that is 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. 
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.

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

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

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \15\ and paragraph (f) of Rule 19b-4 
thereunder.\16\ 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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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 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-BatsEDGA-2017-12 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-BatsEDGA-2017-12. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for

[[Page 22687]]

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-BatsEDGA-2017-12, and should be 
submitted on or before June 7, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-09923 Filed 5-16-17; 8:45 am]
BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices                                                    22685

                                               Paper Comments                                            ‘‘Act’’),1 and Rule 19b–4 thereunder,2                Fee Code RT
                                                 • Send paper comments in triplicate                     notice is hereby given that on May 5,
                                                                                                         2017, Bats EDGA Exchange, Inc. (the                     The Exchange proposes to decrease
                                               to Secretary, Securities and Exchange                                                                           the fee for orders yielding fee code RT,
                                               Commission, 100 F Street NE.,                             ‘‘Exchange’’ or ‘‘EDGA’’) filed with the
                                                                                                         Securities and Exchange Commission                    which is appended to orders routed
                                               Washington, DC 20549–1090.
                                                                                                         (‘‘Commission’’) the proposed rule                    using the ROUT 6 routing strategy, from
                                               All submissions should refer to File                                                                            $0.00260 to $0.00250 per share for
                                                                                                         change as described in Items I, II and III
                                               Number SR–BOX–2017–14. This file                                                                                securities priced at or above $1.00 per
                                                                                                         below, which Items have been prepared
                                               number should be included on the                                                                                share. The Exchange does not propose
                                                                                                         by the Exchange. The Exchange has
                                               subject line if email is used. To help the                                                                      to amend the rate for orders yielding fee
                                                                                                         designated the proposed rule change as
                                               Commission process and review your                                                                              code RT in securities priced below
                                                                                                         one establishing or changing a member
                                               comments more efficiently, please use                                                                           $1.00 per share.
                                                                                                         due, fee, or other charge imposed by the
                                               only one method. The Commission will
                                                                                                         Exchange under Section 19(b)(3)(A)(ii)
                                               post all comments on the Commission’s                                                                           RMPT/RMPL Tier 2
                                                                                                         of the Act 3 and Rule 19b–4(f)(2)
                                               Internet Web site (http://www.sec.gov/
                                                                                                         thereunder,4 which renders the                           The Exchange offers one tier under
                                               rules/sro.shtml). Copies of the
                                                                                                         proposed rule change effective upon                   footnote 4, the RMPT/RMPL Tier under
                                               submission, all subsequent
                                                                                                         filing with the Commission. The                       which a Member receives a discounted
                                               amendments, all written statements
                                                                                                         Commission is publishing this notice to               fee of $0.0008 per share for orders
                                               with respect to the proposed rule
                                                                                                         solicit comments on the proposed rule                 yielding fee codes PT 7 or PX 8 where
                                               change that are filed with the
                                                                                                         change from interested persons.                       that Member adds or removes an ADV 9
                                               Commission, and all written
                                               communications relating to the                            I. Self-Regulatory Organization’s                     greater than or equal to 2,000,000 shares
                                               proposed rule change between the                          Statement of the Terms of Substance of                using the RMPT or RMPL 10 routing
                                               Commission and any person, other than                     the Proposed Rule Change                              strategy. The Exchange now proposes to
                                               those that may be withheld from the                          The Exchange filed a proposal to                   add a new tier under footnote 4 to be
                                               public in accordance with the                             amend the fee schedule applicable to                  known as Tier 2 under which a Member
                                               provisions of 5 U.S.C. 552, will be                       Members 5 and non-Members of the                      would receive a discounted fee of
                                               available for Web site viewing and                        Exchange pursuant to EDGA Rules                       $0.0006 per share for orders yielding fee
                                               printing in the Commission’s Public                       15.1(a) and (c).                                      codes PT or PX where that Member adds
                                               Reference Room, on official business                         The text of the proposed rule change               or removes an ADV greater than or equal
                                               days between the hours of 10:00 a.m.                      is available at the Exchange’s Web site               to 4,000,000 shares using the RMPT or
                                               and 3:00 p.m., located at 100 F Street                    at www.bats.com, at the principal office              RMPL routing strategy.11
                                               NE., Washington, DC 20549. Copies of                      of the Exchange, and at the
                                               such filing also will be available for                    Commission’s Public Reference Room.                      6 ROUT is a routing strategy that checks the

                                               inspection and copying at the principal                                                                         System for available shares and then are sent to
                                               office of the Exchange. All comments                      II. Self-Regulatory Organization’s                    destinations on the System routing table. See
                                                                                                         Statement of the Purpose of, and                      Exchange Rule 11.11(g)(3)(B). The term ‘‘System
                                               received will be posted without change;                                                                         routing table’’ refers to the proprietary process for
                                                                                                         Statutory Basis for, the Proposed Rule
                                               the Commission does not edit personal                                                                           determining the specific trading venues to which
                                                                                                         Change                                                the System routes orders and the order in which it
                                               identifying information from
                                                                                                            In its filing with the Commission, the             routes them. See Exchange Rule 11.11(g).
                                               submissions. You should submit only                                                                                7 Fee code PT is appended to orders that remove
                                               information that you wish to make                         Exchange included statements                          liquidity from the Exchange using RMPT or RMPL
                                               available publicly. All submissions                       concerning the purpose of and basis for               routing strategy and is assessed a fee of $0.0010 per
                                               should refer to File Number SR–BOX–                       the proposed rule change and discussed                share on securities priced over $1.00, and there is
                                                                                                         any comments it received on the                       no fee on securities priced below $1.00. See the
                                               2017–14 and should be submitted on or                                                                           Exchange’s fee schedule available at http://
                                               before June 7, 2017.                                      proposed rule change. The text of these               www.bats.com/us/equities/membership/fee_
                                                                                                         statements may be examined at the                     schedule/edga/.
                                                 For the Commission, by the Division of
                                               Trading and Markets, pursuant to delegated                places specified in Item IV below. The                   8 Fee code PX is append to orders that are routed

                                               authority.17                                              Exchange has prepared summaries, set                  using the RMPL routing strategy to a destination not
                                                                                                         forth in Sections A, B, and C below, of               covered by Fee Code PL, or are routed using the
                                               Eduardo A. Aleman,                                                                                              RMPT routing strategy, and is assessed a fee of
                                                                                                         the most significant parts of such
                                               Assistant Secretary.                                                                                            $0.0012 per share on securities priced over $1.00,
                                                                                                         statements.                                           and a fee of 30% of the total dollar value on
                                               [FR Doc. 2017–09931 Filed 5–16–17; 8:45 am]
                                                                                                                                                               securities priced below $1.00. Id.
                                               BILLING CODE 8011–01–P                                    A. Self-Regulatory Organization’s                        9 ADV is generally defined as average daily
                                                                                                         Statement of the Purpose of, and the                  volume calculated as the number of shares added
                                                                                                         Statutory Basis for, the Proposed Rule                to, removed from, or routed by, the Exchange, or
                                               SECURITIES AND EXCHANGE                                   Change                                                any combination or subset thereof, per day. Id.
                                                                                                                                                                  10 The RMPT routing strategy operates similarly
                                               COMMISSION
                                                                                                         1. Purpose                                            to RMPL in that under both Mid-Point Peg Orders
                                               [Release No. 34–80653; File No. SR–                                                                             check the System for available shares and any
                                                                                                            The Exchange proposes to amend its                 remaining shares are then sent to destinations on
                                               BatsEDGA–2017–12]
                                                                                                         fee schedule to: (i) Lower the rate for fee           the System routing table that support midpoint
                                               Self-Regulatory Organizations; Bats                       code RT; and (ii) add the RMPT/RMPL                   eligible orders. If any shares remain unexecuted
                                                                                                         Tier 2.                                               after routing, they are posted on the EDGA Book as
                                               EDGA Exchange, Inc.; Notice of Filing                                                                           a Mid-Point Peg Order, unless otherwise instructed
                                               and Immediate Effectiveness of a
nlaroche on DSK30NT082PROD with NOTICES




                                                                                                                                                               by the User. While RMPL and RMPT operate in an
                                                                                                           1 15 U.S.C. 78s(b)(1).
                                               Proposed Rule Change Related to Fees                                                                            identical manner, the trading venues that each
                                                                                                           2 17 CFR 240.19b–4.                                 routing strategy routes to and the order in which it
                                                                                                           3 15 U.S.C. 78s(b)(3)(A)(ii).
                                               May 11, 2017.                                                                                                   routes them differ. See Exchange Rule 11.11(g)(13).
                                                                                                           4 17 CFR 240.19b–4(f)(2).                              11 As a result of the fee schedule layout change
                                                 Pursuant to Section 19(b)(1) of the                       5 The term ‘‘Member’’ is defined as ‘‘any           in adding a second tier, the description of which
                                               Securities Exchange Act of 1934 (the                      registered broker or dealer that has been admitted    fee codes are appended with footnote 3 will be
                                                                                                         to membership in the Exchange.’’ See Exchange         moved above the table similar to the layout of the
                                                 17 17   CFR 200.30–3(a)(12).                            Rule 1.5(n).                                          table in footnote 4.



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                                               22686                        Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices

                                               Implementation Date                                     should also attract additional midpoint               III. Date of Effectiveness of the
                                                 The Exchange proposes to implement                    liquidity to the Exchange, resulting in               Proposed Rule Change and Timing for
                                               the above changes to its fee schedule                   increased price improvement                           Commission Action
                                               immediately.12                                          opportunities for orders seeking an                      The foregoing rule change has become
                                                                                                       execution at the midpoint of the NBBO                 effective pursuant to Section 19(b)(3)(A)
                                               2. Statutory Basis                                      on the Exchange or elsewhere.                         of the Act 15 and paragraph (f) of Rule
                                                  The Exchange believes that the                          In addition, volume-based rebates                  19b–4 thereunder.16 At any time within
                                               proposed rule change is consistent with                 such as that proposed herein have been                60 days of the filing of the proposed rule
                                               the objectives of Section 6 of the Act,13               widely adopted by exchanges and are                   change, the Commission summarily may
                                               in general, and furthers the objectives of              equitable because they are open to all                temporarily suspend such rule change if
                                               Section 6(b)(4),14 in particular, as it is              Members on an equal basis and provide                 it appears to the Commission that such
                                               designed to provide for the equitable                   additional benefits or discounts that are             action is necessary or appropriate in the
                                               allocation of reasonable dues, fees and                 reasonably related to: (i) the value to an            public interest, for the protection of
                                               other charges among its Members and                     exchange’s market quality; (ii)                       investors, or otherwise in furtherance of
                                               other persons using its facilities.                     associated higher levels of market                    the purposes of the Act.
                                                                                                       activity, such as higher levels of
                                               Fee Code RT                                                                                                   IV. Solicitation of Comments
                                                                                                       liquidity provision and/or growth
                                                  The Exchange believes that its                       patterns; and (iii) the introduction of                 Interested persons are invited to
                                               proposal to decrease the fee for orders                 higher volumes of orders into the price               submit written data, views, and
                                               that yield fee code RT represents an                    and volume discovery processes. The                   arguments concerning the foregoing,
                                               equitable allocation of reasonable dues,                Exchange believes that the proposed tier              including whether the proposed rule
                                               fees, and other charges among Members                   is a reasonable, fair and equitable, and              change is consistent with the Act.
                                               and other persons using its facilities in               not an unfairly discriminatory                        Comments may be submitted by any of
                                               that it continues to be designed to cover               allocation of fees and rebates, because it            the following methods:
                                               the costs of routing incurred by the                    will provide Members with an                          Electronic Comments
                                               Exchange. The Exchange believes the                     additional incentive to reach certain
                                                                                                       thresholds on the Exchange.                             • Use the Commission’s Internet
                                               decreased fee will attract additional
                                                                                                                                                             comment form (http://www.sec.gov/
                                               liquidity to the Exchange as orders                     B. Self-Regulatory Organization’s                     rules/sro.shtml); or
                                               routed using the ROUT routing strategy                  Statement on Burden on Competition                      • Send an email to rule-comments@
                                               first check the Exchange for available                                                                        sec.gov. Please include File No. SR–
                                               shares before routing and any                              This proposed rule change does not                 BatsEDGA–2017–12 on the subject line.
                                               unexecuted returned shares are posted                   impose any burden on competition that
                                               to the Exchange. While the affected                     is not necessary or appropriate in                    Paper Comments
                                               Members’ orders will be charged a lower                 furtherance of the purposes of the Act.                  • Send paper comments in triplicate
                                               fee due to the proposal, the revenue                    The Exchange does not believe that this               to Secretary, Securities and Exchange
                                               received by the Exchange will continue                  change represents a significant                       Commission, 100 F Street NE.,
                                               to be used to fund the Exchange                         departure from previous pricing offered               Washington, DC 20549–1090.
                                               generally, including the cost of                        by the Exchange or from pricing offered               All submissions should refer to File No.
                                               maintaining and improving the                           by the Exchange’s competitors. The                    SR–BatsEDGA–2017–12. This file
                                               technology used to handle and route                     proposed rates would apply uniformly                  number should be included on the
                                               orders from the Exchange as well as                     to all Members, and Members may opt                   subject line if email is used. To help the
                                               programs that the Exchange believes                     to disfavor the Exchange’s pricing if                 Commission process and review your
                                               help to attract additional liquidity and                they believe that alternatives offer them             comments more efficiently, please use
                                               thus improve the depth of liquidity                     better value. Accordingly, the Exchange               only one method. The Commission will
                                               available on the Exchange. Furthermore,                 does not believe that the proposed                    post all comments on the Commission’s
                                               the Exchange notes that routing through                 changes will impair the ability of                    Internet Web site (http://www.sec.gov/
                                               the Exchange is voluntary. Lastly, the                  Members or competing venues to                        rules/sro.shtml). Copies of the
                                               Exchange also believes that the                         maintain their competitive standing in                submission, all subsequent
                                               proposed amendment is non-                              the financial markets. Further, excessive             amendments, all written statements
                                               discriminatory because it applies                       fees would serve to impair an                         with respect to the proposed rule
                                               uniformly to all Members.                               exchange’s ability to compete for order               change that are filed with the
                                                                                                       flow and members rather than                          Commission, and all written
                                               RMPT/RMPL Tier 2
                                                                                                       burdening competition. The Exchange                   communications relating to the
                                                  The Exchange believe that the                        believes that its proposal would not                  proposed rule change between the
                                               addition of the RMPL/RMPT Tier 2 is                     burden intramarket competition because                Commission and any person, other than
                                               also reasonable and equitable because it                the proposed rate would apply                         those that may be withheld from the
                                               is similar to the RMPL/RMPT Tier 1 and                  uniformly to all Members.                             public in accordance with the
                                               its inclusion of the RMPL and RMPT                                                                            provisions of 5 U.S.C. 552, will be
                                               routing strategies results in the equal                 C. Self-Regulatory Organization’s
                                                                                                       Statement on Comments on the                          available for Web site viewing and
                                               treatment of those orders under the                                                                           printing in the Commission’s Public
                                               Exchange’s tiered pricing structure. The                Proposed Rule Change Received From
                                                                                                       Members, Participants, or Others                      Reference Room, 100 F Street NE.,
nlaroche on DSK30NT082PROD with NOTICES




                                               proposed new RMPT/RMPL Tier 2                                                                                 Washington, DC 20549, on official
                                                                                                         The Exchange has not solicited, and                 business days between the hours of
                                                 12 The Exchange initially submitted the proposed      does not intend to solicit, comments on               10:00 a.m. and 3:00 p.m. Copies of the
                                               fee change on May 1, 2017. (SR–BatsEDGA–2017–
                                               09). On May 5, 2017, the Exchange withdrew SR–
                                                                                                       this proposed rule change. The                        filing also will be available for
                                               BatsEDGA–2017–09 and submitted this filing.             Exchange has not received any written
                                                 13 15 U.S.C. 78f.                                     comments from members or other                          15 15   U.S.C. 78s(b)(3)(A).
                                                 14 15 U.S.C. 78f(b)(4).                               interested parties.                                     16 17   CFR 240.19b–4(f).



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                                                                              Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices                                                   22687

                                               inspection and copying at the principal                 II. Self-Regulatory Organization’s                    C Tier 3 credit of $0.0002 per share (i.e.,
                                               office of the Exchange. All comments                    Statement of the Purpose of, and                      0.500% Tape C Baseline % CADV plus
                                               received will be posted without change;                 Statutory Basis for, the Proposed Rule                0.400% of the US Tape C CADV for the
                                               the Commission does not edit personal                   Change                                                billing month).6 The credit provided
                                               identifying information from                               In its filing with the Commission, the             under the proposed Tape C Tier 3
                                               submissions. You should submit only                     self-regulatory organization included                 would be in addition to the ETP
                                               information that you wish to make                       statements concerning the purpose of,                 Holder’s Tiered or Basic Rate credit(s).
                                               available publicly. All submissions                     and basis for, the proposed rule change                  Under the proposed new Tape C Tier
                                               should refer to File No. SR–BatsEDGA–                   and discussed any comments it received                3, ETP Holders and Market Makers
                                               2017–12, and should be submitted on or                  on the proposed rule change. The text                 would also be charged a fee of $0.0029
                                               before June 7, 2017.                                    of those statements may be examined at                per share for orders that take liquidity
                                                 For the Commission, by the Division of                the places specified in Item IV below.                from the Book in Tape C Securities. For
                                               Trading and Markets, pursuant to delegated              The Exchange has prepared summaries,                  all other fees and credits, Tiered or
                                               authority.17                                            set forth in sections A, B, and C below,              Basic Rates apply based on a firm’s
                                               Eduardo A. Aleman,                                      of the most significant parts of such                 qualifying levels.
                                               Assistant Secretary.                                    statements.                                              For ETP Holders that qualify for the
                                               [FR Doc. 2017–09923 Filed 5–16–17; 8:45 am]                                                                   proposed new Tape C Tier 3, Tiered or
                                                                                                       A. Self-Regulatory Organization’s
                                               BILLING CODE 8011–01–P
                                                                                                       Statement of the Purpose of, and                      Basic Rates would apply to all other fees
                                                                                                       Statutory Basis for, the Proposed Rule                and credits, based on the firm’s
                                                                                                       Change                                                qualifying levels, and if an ETP Holder
                                               SECURITIES AND EXCHANGE                                                                                       qualifies for more than one tier in the
                                               COMMISSION                                              1. Purpose                                            Fee Schedule, the Exchange would
                                               [Release No. 34–80665; File No. SR–                        The Exchange proposes to amend the                 apply the most favorable rate available
                                               NYSEArca–2017–51]                                       Fee Schedule, as described below, and                 under such tiers. The proposed Tape C
                                                                                                       implement the fee changes on May 1,                   Tier 3 provides an incremental credit,
                                               Self-Regulatory Organizations; NYSE                     2017.                                                 similar to current Tape C Tier 1 and
                                               Arca, Inc.; Notice of Filing and                           The Exchange proposes to introduce a               Tape C Tier 2 pricing tiers, and
                                               Immediate Effectiveness of Proposed                     new pricing tier level—Tape C Tier 3—                 therefore, the Exchange proposes to
                                               Rule Change Amending NYSE Arca                          for securities with a per share price of              adopt rule text within each of the Tape
                                               Equities Schedule of Fees and                           $1.00 or above.                                       C tiers to note that ETP Holders and
                                               Charges for Exchange Services                              As proposed, a new Tape C Tier 3                   Market Makers can only qualify for one
                                                                                                       credit of $0.0002 per share 4 for orders              of the Tape C incremental credits. ETP
                                               May 11, 2017.
                                                                                                       that provide liquidity in Tape C                      Holders and Market Makers that qualify,
                                                  Pursuant to Section 19(b)(1) 1 of the                Securities would be applicable to ETP
                                               Securities Exchange Act of 1934 (the                                                                          for example, for the proposed Tape C
                                                                                                       Holders and Market Makers, that, on a                 Tier 3 credit cannot also qualify for
                                               ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                  daily basis, measured monthly, (1)
                                               notice is hereby given that, on May 1,                                                                        either the Tape C Tier 1 incremental
                                                                                                       directly execute providing volume in                  credit or the Tape C Tier 2 incremental
                                               2017, NYSE Arca, Inc. (the ‘‘Exchange’’                 Tape C Securities during the billing
                                               or ‘‘NYSE Arca’’) filed with the                                                                              credit. Using the above example, if an
                                                                                                       month (‘‘Tape C Adding ADV’’) that is                 ETP Holder’s Tape C Baseline % CADV
                                               Securities and Exchange Commission                      equal to at least 0.40% of US Tape C
                                               (the ‘‘Commission’’) the proposed rule                                                                        was 0.500%, and the ETP Holder had a
                                                                                                       CADV 5 over the ETP Holder’s or Market                Tape C Adding ADV of at least 0.900%
                                               change as described in Items I, II, and                 Maker’s fourth quarter 2016 Tape C
                                               III below, which Items have been                                                                              and a Tape B Adding ADV of at least
                                                                                                       Adding ADV taken as a percentage of                   3.5% of Tape B CADV, the ETP Holder
                                               prepared by the self-regulatory                         Tape C CADV (‘‘Tape C Baseline %
                                               organization. The Commission is                                                                               would meet the requirements of Tape C
                                                                                                       CADV’’), and (2) execute providing                    Tier 1, Tape C Tier 2 and the proposed
                                               publishing this notice to solicit                       volume in Tape B Securities during the
                                               comments on the proposed rule change                                                                          Tape C Tier 3. As proposed, however,
                                                                                                       billing month that is equal to at least               the ETP Holder would only receive the
                                               from interested persons.                                3.5% of Tape B CADV. For example, if                  $0.0002 incremental credit for adding
                                               I. Self-Regulatory Organization’s                       an ETP Holder’s Tape C Baseline %                     liquidity and the $0.0029 for taking
                                               Statement of the Terms of the Substance                 CADV was 0.500%, the ETP Holder                       liquidity associated with the proposed
                                               of the Proposed Rule Change                             would need a Tape C Adding ADV of at                  Tape C Tier 3 pricing tier; the ETP
                                                  The Exchange proposes to amend the                   least 0.900% and a Tape B Adding ADV                  Holder would not be entitled to the
                                               NYSE Arca Equities Schedule of Fees                     of at least 3.5% of Tape B CADV in                    Tape C Tier 1 and Tape C Tier 2 pricing
                                               and Charges for Exchange Services                       order to qualify for the proposed Tape                tiers.
                                               (‘‘Fee Schedule’’) to adopt a new pricing                  4 Under the Basic Rate, ETP Holders receive a         Additionally, the Exchange recently
                                               tier, Tape C Tier 3. The Exchange                       credit of $0.0020 per share for Tape C orders that    adopted a Tape C Tier 2 pricing tier that
                                               proposes to implement the fee changes                   provide liquidity to the Book.                        references the applicability of a $0.0002
                                               effective May 1, 2017. The proposed                        5 The Exchange proposes to use the same
                                                                                                                                                             per share credit to ETP Holders and
                                               rule change is available on the                         definition of US CADV for purposes of the proposed    Market Makers that qualify for that
                                                                                                       Tape C Tier 3. Specifically, US CADV means United
                                               Exchange’s Web site at www.nyse.com,                    States Consolidated Average Daily Volume for
                                               at the principal office of the Exchange,
nlaroche on DSK30NT082PROD with NOTICES




                                                                                                       transactions reported to the Consolidated Tape,         6 The Exchange recognizes that a firm that

                                               and at the Commission’s Public                          excluding odd lots through January 31, 2014 (except   becomes an ETP Holder or Market Maker after the
                                               Reference Room.                                         for purposes of Lead Market Maker pricing), and       Baseline Month would have a Tape C Baseline ADV
                                                                                                       excludes volume on days when the market closes        of zero. In this regard, a new ETP Holder or Market
                                                 17 17
                                                                                                       early and on the date of the annual reconstitution    Maker would need to have a Tape C Adding ADV
                                                       CFR 200.30–3(a)(12).                            of the Russell Investments Indexes. Transactions      during the billing month of no less than 0.400% of
                                                 1 15 U.S.C. 78s(b)(1).                                that are not reported to the Consolidated Tape are    US Tape C CADV, in addition to the Tape B Adding
                                                 2 15 U.S.C. 78a.
                                                                                                       not included in US CADV. See Fee Schedule,            ADV of at least 3.5% of Tape B CADV, for the
                                                 3 17 CFR 240.19b–4.                                   Footnote 3.                                           $0.0002 per share credit to apply.



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Document Created: 2017-05-17 01:41:58
Document Modified: 2017-05-17 01:41:58
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 22685 

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