82_FR_22791 82 FR 22697 - Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Fees for Use on the Exchange's Equity Options Platform

82 FR 22697 - Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Fees for Use on the Exchange's Equity Options Platform

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 94 (May 17, 2017)

Page Range22697-22699
FR Document2017-09928

Federal Register, Volume 82 Issue 94 (Wednesday, May 17, 2017)
[Federal Register Volume 82, Number 94 (Wednesday, May 17, 2017)]
[Notices]
[Pages 22697-22699]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09928]



[[Page 22697]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80658; File No. SR-BatsEDGX-2017-21]


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

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 8, 2017, Bats EDGX Exchange, Inc. (the ``Exchange'' or 
``EDGX'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the Exchange. The 
Exchange has designated the proposed rule change as one establishing or 
changing a member due, fee, or other charge imposed by the Exchange 
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) 
thereunder,\4\ which renders the proposed rule change effective upon 
filing with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable 
to Members \5\ and non-members of the Exchange pursuant to EDGX Rules 
15.1(a) and (c).
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    \5\ The term ``Member'' is defined as ``any registered broker or 
dealer that has been admitted to membership in the Exchange.'' See 
Exchange Rule 1.5(n).
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    The text of the proposed rule change is available at the Exchange's 
Web site at www.bats.com, at the principal office of the Exchange, and 
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its fee schedule for its equity 
options platform (``EDGX Options'') to: (i) Modify fees for Qualified 
Contingent Cross Orders (``QCC''),\6\ including the adoption of a new 
naming convention for certain rebates, ``QCC Initiator Rebates''; (ii) 
update the descriptions for fee codes PM and NM; (iii) add new fee 
codes PT and NT; and (iv) eliminate Tiers 4 and 6 under footnote 1.
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    \6\ See Securities Exchange Act Release No. 79942 (February 1, 
2017), 82 FR 9804 (February 8, 2017) (SR-BatsEDGX-2017-11) (``QCC 
Filing'').
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    QCC Order Pricing
    The Exchange proposes to amend QCC fees and rebates to reflect the 
value of the execution opportunities provided by the QCC functionality. 
Thus, the Exchange proposes to modify the fees and rebates 
corresponding to the fee codes that were originally adopted in 
connection with QCC, as described below.
    Fee Code QA. Currently, fee code QA is appended to Customer \7\ QCC 
Agency Orders \8\, and provides a standard rebate of $0.05 per 
contract. The Exchange proposes to alter the pricing for QCC Agency 
Orders yielding fee code QA to instead provide such executions free of 
charge. However, as proposed, the Exchange would continue to provide a 
rebate of $0.05 per contract to QCC Agency orders in which at least one 
side of the transaction is a Non-Customer \9\ order. This proposed 
rebate of $0.05 per contract for such executions will be described in 
footnote 7 more specifically and there will be no other charge or 
rebate for executing orders appended with QA. Thus, the Exchange 
proposes to append footnote 7 to fee code QA in addition to the 
existing footnote appended to fee code QA, footnote 5. Current footnote 
5 and proposed footnote 7 are described in additional detail below.
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    \7\ ``Customer'' applies to any transaction identified by a 
Member for clearing in the Customer range at the OCC, excluding any 
transaction for a Broker Dealer or a ``Professional'' as defined in 
Exchange Rule 16.1. See the Exchange's fee schedule available at 
http://www.bats.com/us/options/membership/fee_schedule/edgx/.
    \8\ ``QCC Agency'' is a Qualified Contingent Cross Order 
represented as agent by a Member on behalf of another party and 
submitted for execution pursuant to Rule 21.1. Id.
    \9\ ``Non-Customer'' applies to any transaction that is not a 
Customer order. Id.
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    Fee Code QC. Currently, fee code QC is appended to Customer QCC 
Contra Orders, and provides a standard rebate of $0.05 per contract. 
The Exchange proposes to alter the pricing for QCC Agency Orders 
yielding fee code QC to instead provide such executions free of charge. 
The Exchange proposes to remove footnote 5 from QC, as there is no 
longer the potential to earn a rebate in connection with routing a 
Customer QCC Contra Order to the Exchange and thus the footnote is 
inapplicable. Footnote 5 is described in additional detail below.
    Fee Code QM. Currently, fee code QM is appended to Non-Customer QCC 
Agency Orders, and assessed a fee of $0.19 per contract. The Exchange 
proposes to lower the fee charged for Non-Customer QCC Agency Orders to 
$0.08 per contract. In addition, as noted above, the Exchange proposes 
to provide a rebate of $0.05 per contract to QCC Agency orders in which 
at least one side of the transaction is a Non-Customer order. This 
proposed rebate of $0.05 per contract for such executions will be 
described in footnote 7. Accordingly, the Exchange proposes to append 
footnotes 5 and 7 to fee code QM, as there will now be the potential to 
receive a rebate in connection with QCC Agency Orders.
    Fee Code QN. Currently, fee code QN is appended to Non-Customer QCC 
Contra Orders, and assessed a fee of $0.19 per contract. The Exchange 
proposes to lower the fee charged for Non-Customer QCC Contra Orders to 
$0.08 per contract.
    As noted above, The Exchange proposes to modify the rebates 
provided to QCC orders, to only apply to QCC Agency Orders in which one 
side of the transaction includes a Non-Customer order. The Exchange 
proposes that the rebate applicable to QCC orders be defined as the 
``QCC Initiator Rebate'' and its scope be refined to only apply to QCC 
Agency orders in which at least one side of the transaction is a Non-
Customer order.
    The Exchange proposes to adopt new footnote 7 to describe the 
rebate paid by the Exchange to a Member that submits a QCC Agency Order 
to the Exchange when at least one side of the transaction is of Non-
Customer capacity and to define this rebate as the QCC Initiator 
Rebate. As proposed, and consistent with other pricing on the Exchange, 
the Exchange would provide the QCC Initiator Rebate to all Members 
submitting QCC Agency Orders to the Exchange, including a Member who

[[Page 22698]]

routed an order to the Exchange with a Designated Give Up, as discussed 
below.
    In connection with the proposed change and the adoption of footnote 
7, footnote 5 would be appended to fee code QM \10\ and removed from 
fee code QC. Currently, footnote 5 of the fee schedule specifies that 
when order is submitted with a Designated Give Up, as defined in Rule 
21.12(b)(1), the applicable rebates for such orders when executed on 
the Exchange (yielding fee code BC,\11\ NC,\12\ PC,\13\ QA and QC) are 
provided to the Member who routed the order to the Exchange. Pursuant 
to Rule 21.12, which specifies the process to submit an order with a 
Designated Give Up, a Member acting as an options routing firm on 
behalf of one or more other Exchange Members (a ``Routing Firm'') is 
able to route orders to the Exchange and to immediately give up the 
party (a party other than the Routing Firm itself or the Routing Firm's 
own clearing firm) who will accept and clear any resulting transaction. 
Because the Routing Firm is responsible for the decision to route the 
order to the Exchange, the Exchange currently provides such Member with 
the rebate when orders that yield fee code BC, NC, PC, QA and QC are 
executed. As amended, the Exchange would provide rebates to a Routing 
Firm when orders that yield fee code BC, NC, PC, QA and QM are 
executed.
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    \10\ Fee code QM is appended to QCC Non-Customer orders 
represented as agent by a Member on behalf of another party for 
execution pursuant to Rule 21.1. Id.
    \11\ Fee code BC is appended Customer orders represented as 
agent by a Member on behalf of another party and submitted to BAM 
for potential price improvement pursuant to Rule 21.19, and provided 
a standard rebate of $0.14 per order. Id.
    \12\ Fee code NC is appended to Customer orders which add 
liquidity in Non-Penny Pilot securities and is provided a standard 
rebate of $0.05 per order. Id.
    \13\ Fee code PC is appended to Customer orders which add 
liquidity in Penny Pilot securities and is provided a standard 
rebate of $0.05 per order. Id.
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Fee Codes PM and NM
    Currently fee codes PM and NM apply to orders in Market Maker \14\ 
Penny Pilot \15\ and Non-Penny Pilot contracts, respectively. To 
further specify which orders add and remove liquidity, the Exchange 
proposes to modify the definitions for PM and NM. As proposed, fee code 
PM would be appended to Market Maker Penny Pilot orders which add 
liquidity. Fee code NM would be appended to Market Maker Non-Penny 
Pilot orders which add liquidity. The Exchange does not propose to 
alter the standard fee of $0.19 per contract assessed on orders 
appended with fee codes PM and NM.
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    \14\ ``Market Maker'' applies to any transaction identified by a 
Member for clearing in the Market Maker range at the OCC, where such 
Member is registered with the Exchange as a Market Maker as defined 
in Rule 16.1(a)(37). Id.
    \15\ ``Penny Pilot Securities'' are those issues quoted pursuant 
to Exchange Rule 21.5, Interpretation and Policy .01. Id.
---------------------------------------------------------------------------

Fee Codes PT and NT
    Exchange proposes to amend its fee schedule to add fee codes PT and 
NT, which would apply to orders which remove liquidity in Market Maker 
Penny Pilot and Non-Penny Pilot orders, respectively. Similar to the 
current fee codes PM and NM, orders appended with fee codes PT and NT 
would be assessed a fee of $0.19 per contract.
Eliminate Customer Volume Tiers 4 and 6
    Footnote 1 of the fee schedule sets forth six tiers, each providing 
enhanced rebates ranging from $0.10 to $0.25 per contract to a Member's 
order that yields fee code PC or NC upon satisfying monthly volume 
criteria. The Exchange proposes to eliminate Tiers 4 and 6 as they did 
not result in incentivizing additional order flow as designed. In 
connection with the change the Exchange proposes to update the standard 
rates table to reflect the removal of the $0.25 rebate applicable to 
Tiers 4 and 6.
Implementation Date
    The Exchange proposes to implement this amendment to its fee 
schedule on May 1, 2017.\16\
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    \16\ The Exchange initially submitted the proposed fee change on 
May 1, 2017. (SR-BatsEDGX-2017-18). On May 8, 2017, the Exchange 
withdrew SR-BatsEDGX-2017-18 and submitted this filing.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the requirements of the Act and the rules and regulations 
thereunder that are applicable to a national securities exchange, and, 
in particular, with the requirements of Section 6 of the Act.\17\ 
Specifically, the Exchange believes that the proposed rule change is 
consistent with Section 6(b)(4) of the Act,\18\ in that it provides for 
the equitable allocation of reasonable dues, fees and other charges 
among Members and other persons using any facility or system which the 
Exchange operates or controls.
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    \17\ 15 U.S.C. 78f.
    \18\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

QCC Pricing
    The Exchange believes that its proposed fees and rebates related to 
QCC Orders are reasonable and fair and equitable as the fees will allow 
the Exchange to continue to offer QCC Order functionality, which is 
functionality offered on other options exchanges, with pricing that is 
comparable to that offered by other options exchanges. The Exchange 
further believes that this pricing structure is non-discriminatory, as 
it applies equally to all Members. In addition, the Exchange believes 
this proposal is reasonable because, while orders for other market 
participants (Non-Customers) will be assessed a fee, the Exchange is 
reducing this fee; further, orders for Customers will receive free 
executions and Members submitting QCC Agency Orders will receive a 
rebate where one side of the transaction is a Non-Customer order. The 
Exchange believes the proposed QCC Initiator Rebate is equitable and 
not unfairly discriminatory as the Exchange and other options exchanges 
have generally established pricing structures that are intended to 
encourage additional QCC order flow.
Fee Codes Addition and Modification
    The Exchange believes that its proposals to add fee codes PT and NT 
related specifically to orders which remove liquidity and modify the 
definition of PM and NM related specifically to orders which add 
liquidity are fair and equitable and reasonable because the proposed 
fees for orders appended with fee codes PT, NT, PM and NM are identical 
and consistent with pricing previously offered by the Exchange as well 
as competitors of the Exchange and do not represent a significant 
departure from the Exchange's general pricing structure. Instead, the 
changes and additions will simply allow the Exchange to further 
differentiate between different types of executions for purposes of 
transparency to Members as well as potential future pricing changes. 
Also, the proposed changes to fee codes are not unfairly discriminatory 
because they will apply equally to all Members.
Eliminating Customer Volume Tiers 4 and 6
    Lastly, the Exchange believes that eliminating the Customer Volume 
Tiers 4 and 6 under footnote 1 is reasonable, fair, and equitable 
because the these tiers were not providing the desired result of 
incentivizing Members to increase their participation in Customer 
orders on the Exchange. As such, the Exchange also believes that the 
proposed elimination of these tiers would be non-discriminatory in that 
they currently apply equally to all Members and, upon elimination, 
would

[[Page 22699]]

no longer be available to any Members. Further, their elimination will 
allow the Exchange to explore other pricing mechanisms in which it may 
enhance market quality for all Members.

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

    The Exchange does not believe that the proposed change to fees 
related to QCC Orders will impose any burden on competition that is not 
necessary or appropriate in furtherance of the purposes of the Act. The 
Exchange's proposed functionality is open to all market participants. 
The proposals to provide a rebate for certain QCC Agency Orders through 
the QCC Initiator Rebate and to reduce fees for QCC Contra Orders are 
competitive proposals intended to incentivize the entry of additional 
orders into QCC. Further, the pricing is designed to be competitive 
with pricing on other options exchanges and QCC functionality is a 
competitive offering by the Exchange. Further, the Exchange does not 
believe that the changes to eliminate pricing incentives that have been 
ineffective, to modify fee code descriptions or add fee codes will 
impose any burden on competition. For these reasons, the Exchange does 
not believe that the proposed fee schedule changes will impose any 
burden on competition not necessary or appropriate in furtherance of 
the purposes of the Act, and believes the proposed change will enhance 
competition.

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

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

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \19\ and paragraph (f) of Rule 19b-4 
thereunder.\20\ 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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    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-BatsEDGX-2017-21 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-BatsEDGX-2017-21. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should
    submit only information that you wish to make available publicly. 
All submissions should refer to File Number SR-BatsEDGX-2017-21, and 
should be submitted on or before June 7, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-09928 Filed 5-16-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices                                               22697

                                               SECURITIES AND EXCHANGE                                 statements may be examined at the                         footnote 5. Current footnote 5 and
                                               COMMISSION                                              places specified in Item IV below. The                    proposed footnote 7 are described in
                                                                                                       Exchange has prepared summaries, set                      additional detail below.
                                               [Release No. 34–80658; File No. SR–                                                                                  Fee Code QC. Currently, fee code QC
                                               BatsEDGX–2017–21]
                                                                                                       forth in Sections A, B, and C below, of
                                                                                                       the most significant parts of such                        is appended to Customer QCC Contra
                                               Self-Regulatory Organizations; Bats                     statements.                                               Orders, and provides a standard rebate
                                               EDGX Exchange, Inc.; Notice of Filing                                                                             of $0.05 per contract. The Exchange
                                                                                                       A. Self-Regulatory Organization’s                         proposes to alter the pricing for QCC
                                               and Immediate Effectiveness of a                        Statement of the Purpose of, and
                                               Proposed Rule Change to Fees for Use                                                                              Agency Orders yielding fee code QC to
                                                                                                       Statutory Basis for, the Proposed Rule                    instead provide such executions free of
                                               on the Exchange’s Equity Options                        Change
                                               Platform                                                                                                          charge. The Exchange proposes to
                                                                                                       1. Purpose                                                remove footnote 5 from QC, as there is
                                               May 11, 2017.                                                                                                     no longer the potential to earn a rebate
                                                                                                          The Exchange proposes to amend its
                                                  Pursuant to Section 19(b)(1) of the                  fee schedule for its equity options                       in connection with routing a Customer
                                               Securities Exchange Act of 1934 (the                                                                              QCC Contra Order to the Exchange and
                                                                                                       platform (‘‘EDGX Options’’) to: (i)
                                               ‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                            thus the footnote is inapplicable.
                                                                                                       Modify fees for Qualified Contingent
                                               notice is hereby given that on May 8,                                                                             Footnote 5 is described in additional
                                                                                                       Cross Orders (‘‘QCC’’),6 including the
                                               2017, Bats EDGX Exchange, Inc. (the                                                                               detail below.
                                                                                                       adoption of a new naming convention
                                               ‘‘Exchange’’ or ‘‘EDGX’’) filed with the                                                                             Fee Code QM. Currently, fee code QM
                                                                                                       for certain rebates, ‘‘QCC Initiator
                                               Securities and Exchange Commission                                                                                is appended to Non-Customer QCC
                                                                                                       Rebates’’; (ii) update the descriptions for
                                               (the ‘‘Commission’’) the proposed rule                                                                            Agency Orders, and assessed a fee of
                                                                                                       fee codes PM and NM; (iii) add new fee
                                               change as described in Items I, II, and                                                                           $0.19 per contract. The Exchange
                                                                                                       codes PT and NT; and (iv) eliminate                       proposes to lower the fee charged for
                                               III below, which Items have been
                                                                                                       Tiers 4 and 6 under footnote 1.                           Non-Customer QCC Agency Orders to
                                               prepared by the Exchange. The                              QCC Order Pricing
                                               Exchange has designated the proposed                       The Exchange proposes to amend                         $0.08 per contract. In addition, as noted
                                               rule change as one establishing or                      QCC fees and rebates to reflect the value                 above, the Exchange proposes to
                                               changing a member due, fee, or other                    of the execution opportunities provided                   provide a rebate of $0.05 per contract to
                                               charge imposed by the Exchange under                    by the QCC functionality. Thus, the                       QCC Agency orders in which at least
                                               Section 19(b)(3)(A)(ii) of the Act 3 and                Exchange proposes to modify the fees                      one side of the transaction is a Non-
                                               Rule 19b–4(f)(2) thereunder,4 which                                                                               Customer order. This proposed rebate of
                                                                                                       and rebates corresponding to the fee
                                               renders the proposed rule change                                                                                  $0.05 per contract for such executions
                                                                                                       codes that were originally adopted in
                                               effective upon filing with the                                                                                    will be described in footnote 7.
                                                                                                       connection with QCC, as described
                                               Commission. The Commission is                                                                                     Accordingly, the Exchange proposes to
                                                                                                       below.
                                               publishing this notice to solicit                          Fee Code QA. Currently, fee code QA                    append footnotes 5 and 7 to fee code
                                               comments on the proposed rule change                    is appended to Customer 7 QCC Agency                      QM, as there will now be the potential
                                               from interested persons.                                Orders 8, and provides a standard rebate                  to receive a rebate in connection with
                                                                                                                                                                 QCC Agency Orders.
                                               I. Self-Regulatory Organization’s                       of $0.05 per contract. The Exchange
                                                                                                                                                                    Fee Code QN. Currently, fee code QN
                                               Statement of the Terms of the Substance                 proposes to alter the pricing for QCC
                                                                                                                                                                 is appended to Non-Customer QCC
                                               of the Proposed Rule Change                             Agency Orders yielding fee code QA to                     Contra Orders, and assessed a fee of
                                                                                                       instead provide such executions free of                   $0.19 per contract. The Exchange
                                                  The Exchange filed a proposal to                     charge. However, as proposed, the
                                               amend the fee schedule applicable to                                                                              proposes to lower the fee charged for
                                                                                                       Exchange would continue to provide a                      Non-Customer QCC Contra Orders to
                                               Members 5 and non-members of the                        rebate of $0.05 per contract to QCC
                                               Exchange pursuant to EDGX Rules                                                                                   $0.08 per contract.
                                                                                                       Agency orders in which at least one side                     As noted above, The Exchange
                                               15.1(a) and (c).                                        of the transaction is a Non-Customer 9
                                                  The text of the proposed rule change                                                                           proposes to modify the rebates provided
                                                                                                       order. This proposed rebate of $0.05 per                  to QCC orders, to only apply to QCC
                                               is available at the Exchange’s Web site
                                                                                                       contract for such executions will be                      Agency Orders in which one side of the
                                               at www.bats.com, at the principal office
                                                                                                       described in footnote 7 more                              transaction includes a Non-Customer
                                               of the Exchange, and at the
                                                                                                       specifically and there will be no other                   order. The Exchange proposes that the
                                               Commission’s Public Reference Room.
                                                                                                       charge or rebate for executing orders                     rebate applicable to QCC orders be
                                               II. Self-Regulatory Organization’s                      appended with QA. Thus, the Exchange                      defined as the ‘‘QCC Initiator Rebate’’
                                               Statement of the Purpose of, and                        proposes to append footnote 7 to fee                      and its scope be refined to only apply
                                               Statutory Basis for, the Proposed Rule                  code QA in addition to the existing                       to QCC Agency orders in which at least
                                               Change                                                  footnote appended to fee code QA,                         one side of the transaction is a Non-
                                                  In its filing with the Commission, the                                                                         Customer order.
                                                                                                          6 See Securities Exchange Act Release No. 79942
                                               Exchange included statements                                                                                         The Exchange proposes to adopt new
                                                                                                       (February 1, 2017), 82 FR 9804 (February 8, 2017)
                                               concerning the purpose of and basis for                 (SR–BatsEDGX–2017–11) (‘‘QCC Filing’’).                   footnote 7 to describe the rebate paid by
                                               the proposed rule change and discussed                     7 ‘‘Customer’’ applies to any transaction identified   the Exchange to a Member that submits
                                               any comments it received on the                         by a Member for clearing in the Customer range at         a QCC Agency Order to the Exchange
                                               proposed rule change. The text of these                 the OCC, excluding any transaction for a Broker           when at least one side of the transaction
                                                                                                       Dealer or a ‘‘Professional’’ as defined in Exchange
                                                                                                                                                                 is of Non-Customer capacity and to
nlaroche on DSK30NT082PROD with NOTICES




                                                                                                       Rule 16.1. See the Exchange’s fee schedule
                                                 1 15 U.S.C. 78s(b)(1).                                available at http://www.bats.com/us/options/              define this rebate as the QCC Initiator
                                                 2 17 CFR 240.19b–4.                                   membership/fee_schedule/edgx/.                            Rebate. As proposed, and consistent
                                                 3 15 U.S.C. 78s(b)(3)(A)(ii).                            8 ‘‘QCC Agency’’ is a Qualified Contingent Cross
                                                                                                                                                                 with other pricing on the Exchange, the
                                                 4 17 CFR 240.19b–4(f)(2).                             Order represented as agent by a Member on behalf          Exchange would provide the QCC
                                                 5 The term ‘‘Member’’ is defined as ‘‘any             of another party and submitted for execution
                                               registered broker or dealer that has been admitted      pursuant to Rule 21.1. Id.                                Initiator Rebate to all Members
                                               to membership in the Exchange.’’ See Exchange              9 ‘‘Non-Customer’’ applies to any transaction that     submitting QCC Agency Orders to the
                                               Rule 1.5(n).                                            is not a Customer order. Id.                              Exchange, including a Member who


                                          VerDate Sep<11>2014   15:18 May 16, 2017   Jkt 241001   PO 00000   Frm 00055   Fmt 4703   Sfmt 4703   E:\FR\FM\17MYN1.SGM     17MYN1


                                               22698                         Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices

                                               routed an order to the Exchange with a                  orders which add liquidity. Fee code                  equitable as the fees will allow the
                                               Designated Give Up, as discussed                        NM would be appended to Market                        Exchange to continue to offer QCC
                                               below.                                                  Maker Non-Penny Pilot orders which                    Order functionality, which is
                                                 In connection with the proposed                       add liquidity. The Exchange does not                  functionality offered on other options
                                               change and the adoption of footnote 7,                  propose to alter the standard fee of                  exchanges, with pricing that is
                                               footnote 5 would be appended to fee                     $0.19 per contract assessed on orders                 comparable to that offered by other
                                               code QM 10 and removed from fee code                    appended with fee codes PM and NM.                    options exchanges. The Exchange
                                               QC. Currently, footnote 5 of the fee                                                                          further believes that this pricing
                                               schedule specifies that when order is                   Fee Codes PT and NT                                   structure is non-discriminatory, as it
                                               submitted with a Designated Give Up, as                   Exchange proposes to amend its fee                  applies equally to all Members. In
                                               defined in Rule 21.12(b)(1), the                        schedule to add fee codes PT and NT,                  addition, the Exchange believes this
                                               applicable rebates for such orders when                 which would apply to orders which                     proposal is reasonable because, while
                                               executed on the Exchange (yielding fee                  remove liquidity in Market Maker                      orders for other market participants
                                               code BC,11 NC,12 PC,13 QA and QC) are                   Penny Pilot and Non-Penny Pilot orders,               (Non-Customers) will be assessed a fee,
                                               provided to the Member who routed the                   respectively. Similar to the current fee              the Exchange is reducing this fee;
                                               order to the Exchange. Pursuant to Rule                 codes PM and NM, orders appended                      further, orders for Customers will
                                               21.12, which specifies the process to                   with fee codes PT and NT would be                     receive free executions and Members
                                               submit an order with a Designated Give                  assessed a fee of $0.19 per contract.                 submitting QCC Agency Orders will
                                               Up, a Member acting as an options                                                                             receive a rebate where one side of the
                                               routing firm on behalf of one or more                   Eliminate Customer Volume Tiers 4
                                                                                                                                                             transaction is a Non-Customer order.
                                               other Exchange Members (a ‘‘Routing                     and 6
                                                                                                                                                             The Exchange believes the proposed
                                               Firm’’) is able to route orders to the                    Footnote 1 of the fee schedule sets                 QCC Initiator Rebate is equitable and
                                               Exchange and to immediately give up                     forth six tiers, each providing enhanced              not unfairly discriminatory as the
                                               the party (a party other than the Routing               rebates ranging from $0.10 to $0.25 per               Exchange and other options exchanges
                                               Firm itself or the Routing Firm’s own                   contract to a Member’s order that yields              have generally established pricing
                                               clearing firm) who will accept and clear                fee code PC or NC upon satisfying                     structures that are intended to
                                               any resulting transaction. Because the                  monthly volume criteria. The Exchange                 encourage additional QCC order flow.
                                               Routing Firm is responsible for the                     proposes to eliminate Tiers 4 and 6 as
                                               decision to route the order to the                      they did not result in incentivizing                  Fee Codes Addition and Modification
                                               Exchange, the Exchange currently                        additional order flow as designed. In                    The Exchange believes that its
                                               provides such Member with the rebate                    connection with the change the                        proposals to add fee codes PT and NT
                                               when orders that yield fee code BC, NC,                 Exchange proposes to update the                       related specifically to orders which
                                               PC, QA and QC are executed. As                          standard rates table to reflect the                   remove liquidity and modify the
                                               amended, the Exchange would provide                     removal of the $0.25 rebate applicable to             definition of PM and NM related
                                               rebates to a Routing Firm when orders                   Tiers 4 and 6.                                        specifically to orders which add
                                               that yield fee code BC, NC, PC, QA and                                                                        liquidity are fair and equitable and
                                                                                                       Implementation Date                                   reasonable because the proposed fees for
                                               QM are executed.
                                                                                                         The Exchange proposes to implement                  orders appended with fee codes PT, NT,
                                               Fee Codes PM and NM                                     this amendment to its fee schedule on                 PM and NM are identical and consistent
                                                 Currently fee codes PM and NM apply                   May 1, 2017.16                                        with pricing previously offered by the
                                               to orders in Market Maker 14 Penny                                                                            Exchange as well as competitors of the
                                               Pilot 15 and Non-Penny Pilot contracts,                 2. Statutory Basis
                                                                                                                                                             Exchange and do not represent a
                                               respectively. To further specify which                     The Exchange believes that the                     significant departure from the
                                               orders add and remove liquidity, the                    proposed rule change is consistent with               Exchange’s general pricing structure.
                                               Exchange proposes to modify the                         the requirements of the Act and the                   Instead, the changes and additions will
                                               definitions for PM and NM. As                           rules and regulations thereunder that                 simply allow the Exchange to further
                                               proposed, fee code PM would be                          are applicable to a national securities               differentiate between different types of
                                               appended to Market Maker Penny Pilot                    exchange, and, in particular, with the                executions for purposes of transparency
                                                                                                       requirements of Section 6 of the Act.17               to Members as well as potential future
                                                  10 Fee code QM is appended to QCC Non-               Specifically, the Exchange believes that              pricing changes. Also, the proposed
                                               Customer orders represented as agent by a Member        the proposed rule change is consistent                changes to fee codes are not unfairly
                                               on behalf of another party for execution pursuant       with Section 6(b)(4) of the Act,18 in that
                                               to Rule 21.1. Id.                                                                                             discriminatory because they will apply
                                                  11 Fee code BC is appended Customer orders           it provides for the equitable allocation              equally to all Members.
                                               represented as agent by a Member on behalf of           of reasonable dues, fees and other
                                               another party and submitted to BAM for potential        charges among Members and other                       Eliminating Customer Volume Tiers 4
                                               price improvement pursuant to Rule 21.19, and           persons using any facility or system                  and 6
                                               provided a standard rebate of $0.14 per order. Id.
                                                  12 Fee code NC is appended to Customer orders
                                                                                                       which the Exchange operates or                           Lastly, the Exchange believes that
                                               which add liquidity in Non-Penny Pilot securities       controls.                                             eliminating the Customer Volume Tiers
                                               and is provided a standard rebate of $0.05 per                                                                4 and 6 under footnote 1 is reasonable,
                                                                                                       QCC Pricing
                                               order. Id.                                                                                                    fair, and equitable because the these
                                                  13 Fee code PC is appended to Customer orders
                                                                                                         The Exchange believes that its                      tiers were not providing the desired
                                               which add liquidity in Penny Pilot securities and       proposed fees and rebates related to                  result of incentivizing Members to
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                                               is provided a standard rebate of $0.05 per order. Id.
                                                  14 ‘‘Market Maker’’ applies to any transaction
                                                                                                       QCC Orders are reasonable and fair and                increase their participation in Customer
                                               identified by a Member for clearing in the Market                                                             orders on the Exchange. As such, the
                                                                                                         16 The Exchange initially submitted the proposed
                                               Maker range at the OCC, where such Member is                                                                  Exchange also believes that the
                                               registered with the Exchange as a Market Maker as       fee change on May 1, 2017. (SR–BatsEDGX–2017–
                                                                                                       18). On May 8, 2017, the Exchange withdrew SR–
                                                                                                                                                             proposed elimination of these tiers
                                               defined in Rule 16.1(a)(37). Id.
                                                  15 ‘‘Penny Pilot Securities’’ are those issues       BatsEDGX–2017–18 and submitted this filing.           would be non-discriminatory in that
                                               quoted pursuant to Exchange Rule 21.5,                    17 15 U.S.C. 78f.                                   they currently apply equally to all
                                               Interpretation and Policy .01. Id.                        18 15 U.S.C. 78f(b)(4).                             Members and, upon elimination, would


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                                                                                Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices                                                   22699

                                               no longer be available to any Members.                     investors, or otherwise in furtherance of               For the Commission, by the Division of
                                               Further, their elimination will allow the                  the purposes of the Act.                              Trading and Markets, pursuant to delegated
                                               Exchange to explore other pricing                                                                                authority.21
                                                                                                          IV. Solicitation of Comments                          Eduardo A. Aleman,
                                               mechanisms in which it may enhance
                                               market quality for all Members.                              Interested persons are invited to                   Assistant Secretary.
                                                                                                          submit written data, views, and                       [FR Doc. 2017–09928 Filed 5–16–17; 8:45 am]
                                               B. Self-Regulatory Organization’s
                                                                                                          arguments concerning the foregoing,                   BILLING CODE 8011–01–P
                                               Statement on Burden on Competition
                                                                                                          including whether the proposed rule
                                                 The Exchange does not believe that                       change is consistent with the Act.
                                               the proposed change to fees related to                     Comments may be submitted by any of                   SECURITIES AND EXCHANGE
                                               QCC Orders will impose any burden on                       the following methods:                                COMMISSION
                                               competition that is not necessary or                       Electronic Comments                                   [Release No. 34–80666; File No. SR–LCH
                                               appropriate in furtherance of the                                                                                SA–2017–005]
                                               purposes of the Act. The Exchange’s                          • Use the Commission’s Internet
                                               proposed functionality is open to all                      comment form (http://www.sec.gov/                     Self-Regulatory Organizations; LCH
                                               market participants. The proposals to                      rules/sro.shtml); or                                  SA; Notice of Proposed Rule Change,
                                               provide a rebate for certain QCC Agency                      • Send an email to rule-comments@                   as modified by Amendment No. 1
                                               Orders through the QCC Initiator Rebate                    sec.gov. Please include File Number SR–               Thereto, To Add Rules Related to the
                                               and to reduce fees for QCC Contra                          BatsEDGX–2017–21 on the subject line.                 Clearing of CDX.NA.HY CDS
                                               Orders are competitive proposals
                                                                                                          Paper Comments                                        May 11, 2017
                                               intended to incentivize the entry of
                                                                                                                                                                   Pursuant to Section 19(b)(1) of the
                                               additional orders into QCC. Further, the                      • Send paper comments in triplicate
                                               pricing is designed to be competitive                                                                            Securities Exchange Act of 1934
                                                                                                          to Secretary, Securities and Exchange
                                               with pricing on other options exchanges                                                                          (‘‘Act’’) 1 and Rule 19b–4 thereunder 2
                                                                                                          Commission, 100 F Street NE.,
                                               and QCC functionality is a competitive                                                                           notice is hereby given that on April 28,
                                                                                                          Washington, DC 20549–1090.
                                               offering by the Exchange. Further, the                                                                           2017, Banque Centrale de
                                                                                                          All submissions should refer to File                  Compensation, which conducts
                                               Exchange does not believe that the                         Number SR–BatsEDGX–2017–21. This
                                               changes to eliminate pricing incentives                                                                          business under the name LCH SA (‘‘LCH
                                                                                                          file number should be included on the                 SA’’), filed with the Securities and
                                               that have been ineffective, to modify fee                  subject line if email is used. To help the            Exchange Commission (‘‘Commission’’)
                                               code descriptions or add fee codes will                    Commission process and review your                    the proposed rule change described in
                                               impose any burden on competition. For                      comments more efficiently, please use                 Items I, II, and III below, which Items
                                               these reasons, the Exchange does not                       only one method. The Commission will                  have been prepared primarily by LCH
                                               believe that the proposed fee schedule                     post all comments on the Commission’s                 SA. On May 5, 2017, LCH SA filed
                                               changes will impose any burden on                          Internet Web site (http://www.sec.gov/                Amendment No. 1 to the proposal.3 The
                                               competition not necessary or                               rules/sro.shtml). Copies of the                       Commission is publishing this notice to
                                               appropriate in furtherance of the                          submission, all subsequent                            solicit comments on the proposed rule
                                               purposes of the Act, and believes the                      amendments, all written statements                    change from interested persons.
                                               proposed change will enhance                               with respect to the proposed rule
                                               competition.                                               change that are filed with the                        I. Clearing Agency’s Statement of the
                                                                                                          Commission, and all written                           Terms of Substance of the Proposed
                                               C. Self-Regulatory Organization’s                                                                                Rule Change
                                               Statement on Comments on the                               communications relating to the
                                               Proposed Rule Change Received From                         proposed rule change between the                        LCH SA is proposing to amend its (i)
                                               Members, Participants, or Others                           Commission and any person, other than                 CDS Margin Framework and (ii)
                                                                                                          those that may be withheld from the                   CDSClear Default Fund Methodology to
                                                 The Exchange has not solicited, and                      public in accordance with the                         incorporate terms and make conforming
                                               does not intend to solicit, comments on                    provisions of 5 U.S.C. 552, will be                   changes to provide for credit default
                                               this proposed rule change. The                             available for Web site viewing and                    swaps (‘‘CDS’’) on the CDX.NA.HY
                                               Exchange has not received any written                      printing in the Commission’s Public                   index to be cleared by LCH SA.
                                               comments from members or other                             Reference Room, 100 F Street NE.,
                                               interested parties.                                        Washington, DC 20549 on official                      II. Clearing Agency’s Statement of the
                                                                                                          business days between the hours of                    Purpose of, and Statutory Basis for, the
                                               III. Date of Effectiveness of the                          10:00 a.m. and 3:00 p.m. Copies of such               Proposed Rule Change
                                               Proposed Rule Change and Timing for                        filing also will be available for                       In its filing with the Commission,
                                               Commission Action                                          inspection and copying at the principal               LCH SA included statements concerning
                                                  The foregoing rule change has become                    office of the Exchange. All comments                  the purpose of and basis for the
                                               effective pursuant to Section 19(b)(3)(A)                  received will be posted without change;               proposed rule change and discussed any
                                               of the Act 19 and paragraph (f) of Rule                    the Commission does not edit personal                 comments it received on the proposed
                                               19b–4 thereunder.20 At any time within                     identifying information from                          rule change. The text of these statements
                                               60 days of the filing of the proposed rule                 submissions. You should                               may be examined at the places specified
                                               change, the Commission summarily may                          submit only information that you                   in Item IV below. LCH SA has prepared
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                                               temporarily suspend such rule change if                    wish to make available publicly. All                  summaries, set forth in sections A, B,
                                               it appears to the Commission that such                     submissions should refer to File
                                               action is necessary or appropriate in the                  Number SR–BatsEDGX–2017–21, and                         1 15  U.S.C. 78s(b)(1).
                                                                                                                                                                  2 17  CFR 240.19b–4.
                                               public interest, for the protection of                     should be submitted on or before June
                                                                                                                                                                  3 LCH SA filed Amendment No. 1 to replace the
                                                                                                          7, 2017.
                                                                                                                                                                initial filing in its entirety for the purpose of
                                                 19 15   U.S.C. 78s(b)(3)(A).                                                                                   clarifying various changes to its CDS Margin
                                                 20 17   CFR 240.19b–4(f).                                 21 17   CFR 200.30–3(a)(12).                         Framework.



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Document Created: 2017-05-17 01:42:11
Document Modified: 2017-05-17 01:42:11
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 22697 

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