82_FR_28033 82 FR 27917 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use on Bats BZX Exchange, Inc.

82 FR 27917 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use on Bats BZX Exchange, Inc.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 116 (June 19, 2017)

Page Range27917-27919
FR Document2017-12584

Federal Register, Volume 82 Issue 116 (Monday, June 19, 2017)
[Federal Register Volume 82, Number 116 (Monday, June 19, 2017)]
[Notices]
[Pages 27917-27919]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12584]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80912; File No. SR-BatsBZX-2017-42]


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

June 13, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on June 1, 2017, Bats BZX Exchange, Inc. (the ``Exchange'' or 
``BZX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II 
and III below, which Items have been prepared by the Exchange. The 
Exchange has designated the proposed rule change as one establishing or 
changing a member due, fee, or other charge imposed by the Exchange 
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) 
thereunder,\4\ which renders the proposed rule change effective upon 
filing with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable 
to Members \5\ and non-Members of the Exchange pursuant to BZX Rules 
15.1(a) and (c).
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's 
Web site at www.bats.com, at the principal office of the Exchange, and 
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its fee schedule applicable to its 
equities trading platform (``BZX Equities'') to: (i) Modify the rates 
associated with fee codes AA, BJ and RA; (ii) adopt new fee code IX; 
and (iii) increase the condition necessary to qualify for the enhanced 
rebate provided by the Step-Up tier under footnote 2. The Exchange 
notes that Bats EDGA Exchange, Inc. (``EDGA'') is implementing certain 
pricing changes effective June 1, 2017, including modification of 
various fees and rebates to add and remove liquidity with a displayed 
or IOC order to a flat

[[Page 27918]]

fee of $0.0003 per share to add or remove liquidity with a displayed or 
IOC order.\6\ The proposed changes to AA, BJ, and RA are proposed in 
light of these changes.
---------------------------------------------------------------------------

    \6\ See Press Release, Bats Announces Fee Overhaul of EDGA 
Equities Exchange (May 30, 2017), available at http://ir.cboe.com/press-releases/2017/05-30-2017.aspx.
---------------------------------------------------------------------------

Fee Code AA
    The Exchange proposes to modify the rate associated with orders 
yielding fee code AA, which results from an order routed to EDGA using 
ALLB routing strategy,\7\ from a $0.0002 per share rebate to a fee of 
$0.0003 per share for securities priced at or above $1.00. The Exchange 
does not propose to modify the rate for orders yielding fee code AA for 
securities priced below $1.00, which are currently not charged a fee 
nor provided a rebate.
---------------------------------------------------------------------------

    \7\ ALLB is a routing option under which the order checks the 
System for available shares and is then sent to the Bats BYX 
Exchange, Inc. (``BYX''), EDGA, and Bats EDGX Exchange, Inc. 
(``EDGX'' collectively with the Exchange, BYX, and EDGA, the ``BGM 
Affiliated Exchanges''). See the Exchange's routing strategies 
available at http://cdn.batstrading.com/resources/features/bats_exchange_routing-strategies.pdf. See also Exchange Rule 
11.13(b)(3).
---------------------------------------------------------------------------

Fee Code BJ
    The Exchange proposes to modify the rate associated with orders 
yielding fee code BJ, which result from an order routed to EDGA using 
TRIM or TRIM2 routing strategies,\8\ from a rebate of $0.0002 per share 
to a fee of $0.0003 per share for all securities (i.e., those priced at 
or above $1.00 and those priced below $1.00).
---------------------------------------------------------------------------

    \8\ The TRIM and TRIM2 routing strategies focus on seeking 
execution of orders while minimizing execution costs by routing only 
to certain low cost execution venues on the Exchange's System 
routing table. Id.
---------------------------------------------------------------------------

Fee Code RA
    The Exchange proposes to decrease the fee associated with orders 
yielding fee code RA, which results from an order routed to EDGA which 
adds liquidity, from a fee of $0.0005 per share to a fee of $0.0003 per 
share for securities priced at or above $1.00. The Exchange does not 
propose to modify the rate for orders yielding fee code RA for 
securities priced below $1.00, which are currently not charged a fee 
nor provided a rebate.
Fee Code IX
    The Exchange proposes to adopt new fee code IX, which would be 
appended to all orders that are routed to the Investors Exchange, Inc. 
(``IEX'') using the using TRIM or TRIM2 routing strategies. Orders 
yielding fee code IX will be charged a fee of $0.0010 per share for all 
securities (i.e., those priced at or above $1.00 and those priced below 
$1.00). The Exchange notes that it has not previously included IEX on 
the routing tables for TRIM and TRIM2 but plans to do so effective June 
1, 2017, and thus, that the proposed change is necessary to account for 
executions at IEX through such routing strategies.
Single MPID Investor Tier
    The Exchange currently offers two Single MPID Investor Tiers under 
footnote 4, which provides an enhanced rebate of $0.0031 or $0.0027 per 
share for qualifying orders which yield fee codes B,\9\ V,\10\ or 
Y.\11\ The distinction between the tiers under footnote 4 and other 
tiers offered by the Exchange, is that the volume measured to determine 
whether a Member qualifies is performed on an MPID by MPID basis. The 
Exchange proposes to modify the criteria necessary to achieve the Step-
Up Add Tier as described below.
---------------------------------------------------------------------------

    \9\ Fee code B is appended to displayed orders which add 
liquidity to Tape B and is provided a rebate of $0.0025 per share.
    \10\ Fee code V is appended to displayed orders which add 
liquidity to Tape A and is provided a rebate of $0.0020 per share.
    \11\ Fee code Y is appended to displayed orders which add 
liquidity to Tape C and is provided a rebate of $0.0020 per share.
---------------------------------------------------------------------------

    Currently, under the Step-Up Add Tier a Member may receive an 
enhanced rebate of $0.0027 per share where the MPID has a Step-Up ADAV 
\12\ from November 2016, greater than or equal to 500,000 shares. As 
amended a Member may receive an enhanced rebate of $0.0027 per share 
where the MPID has a Step-Up ADAV from November 2016, greater than or 
equal to 750,000 shares.
---------------------------------------------------------------------------

    \12\ ``Step-Up ADAV'' means ADAV in the relevant baseline month 
subtracted from current ADAV. See the Exchange's fee schedule 
available at http://www.bats.com/us/equities/membership/fee_schedule/bzx/.
---------------------------------------------------------------------------

Implementation Date
    The Exchange proposes to implement the above changes to its fee 
schedule on June 1, 2017.
2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent 
with the objectives of Section 6 of the Act,\13\ in general, and 
furthers the objectives of Section 6(b)(4),\14\ in particular, as it is 
designed to provide for the equitable allocation of reasonable dues, 
fees and other charges among its Members and other persons using its 
facilities. The Exchange also notes that it operates in a highly-
competitive market in which market participants can readily direct 
order flow to competing venues if they deem fee levels at a particular 
venue to be excessive or incentives to be insufficient. Furthermore, 
the Exchange notes that routing through the Exchange's affiliate, Bats 
Trading, is voluntary.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

Modification of the MPID Investor Step-Up Add Tier
    The Exchange believes that the proposed modification to the tiered 
pricing structure is reasonable, fair and equitable, and non-
discriminatory. The Exchange operates in a highly competitive market in 
which market participants may readily send order flow to many competing 
venues if they deem fees at the Exchange to be excessive or incentives 
provided to be insufficient. The proposed structure remains intended to 
attract order flow to the Exchange by offering market participants a 
competitive pricing structure. The Exchange believes it is reasonable 
to offer and incrementally modify incentives intended to help to 
contribute to the growth of the Exchange.
    Volume-based pricing such as that proposed herein have been widely 
adopted by exchanges, including the Exchange, and are equitable because 
they are open to all Members on an equal basis and provide additional 
benefits or discounts that are reasonably related to: (i) The value to 
an exchange's market quality; (ii) associated higher levels of market 
activity, such as higher levels of liquidity provisions and/or growth 
patterns; and (iii) introduction of higher volumes of orders into the 
price and volume discovery processes.
    The proposed modification of the Single MPID Step-Up Add Tier 
reinforces the purpose of the Single MPID Investor Tier by 
incentivizing Members to send additionally higher level of orders to 
the Exchange than was previously required. By applying the tier on a 
single MPID rather than across a Member's entire trading activity, the 
Exchange is also allowing more Members to potentially receive the 
enhanced rebates for their trading activity related to liquidity 
provision. Thus, the Exchange believes that the proposed modification 
to the tiered pricing structure under footnote 4 is a reasonable, 
equitable, and not an unfairly discriminatory allocation of fees and 
rebates because it will provide Members with an incentive to reach a 
higher thresholds on the Exchange by contributing a meaningful amount 
of order flow. The proposed modification is non-discriminatory because 
it applies and is available to all Members.

[[Page 27919]]

Fee Codes AA, BJ, and RA
    As noted above, EDGA is implementing certain pricing changes 
effective June 1, 2017, including modification of various fees and 
rebates to and remove liquidity with a displayed or IOC order to a flat 
fee of $0.0003 per share to add or remove liquidity with a displayed or 
IOC order.\15\ The changes to fee codes AA, BJ, and RA are proposed in 
light of these changes and reflect a pass-through of the pricing 
provided by EDGA. As the pricing in securities priced at or above $1.00 
reflects the same pricing a Member would receive for participation on 
EDGA directly and the pricing in securities priced below $1.00 is based 
on the current pricing model applied by the Exchange, the Exchange 
believes the proposed fees are reasonable and equitably allocated. The 
Exchange further believes the proposed fees are non-discriminatory 
because they apply uniformly to all Members.
---------------------------------------------------------------------------

    \15\ See supra, note 6.
---------------------------------------------------------------------------

Fee Code IX
    As of August 19, 2016, IEX began charging a fee of $0.0009 per 
share for orders which remove liquidity against non-displayed orders 
and no fee for orders that remove liquidity against displayed 
order.\16\ Because the Exchange is not be able to control whether the 
order it routes to IEX executes against displayed or non-displayed 
liquidity, it therefore, believes it is equitable and reasonable to 
charge a fee for orders that yield fee code IX based on IEX's rates for 
removing non-displayed interest. The Exchange further believes that its 
proposal to charge a fee of $0.0010 per share is equitable and 
reasonable because it accounts for the prices charged by IEX plus the 
additional operation expenses that would be incurred by the Exchange in 
routing orders to IEX. Furthermore, the Exchange notes that routing 
through Bats Trading is voluntary and Members may utilize other avenues 
to route orders to IEX, such as connecting to IEX directly. Lastly, the 
Exchange also believes that the proposed fee code is non-discriminatory 
because it applies uniformly to all Members.
---------------------------------------------------------------------------

    \16\ See IEX fee schedule available at https://iextrading.com/trading/#fee-schedule (effective August 19, 2016). See also IEX 
Trading Alert #2016-036, Investors Exchange Fee Schedule Effective 
August 19, 2016, available at https://iextrading.com/trading/alerts/2016/036/.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The Exchange does not believe 
that any of the proposed changes to the Exchange's routing pricing 
burden competition, as they are based on the pricing on other venues. 
Similarly, the Exchange does not believe that the proposed change to 
the Exchange's tiered pricing structure burden competition, but 
instead, that they enhance competition as they are intended to increase 
the competitiveness of BZX by modifying pricing incentives in order to 
attract order flow and incentivize participants to increase their 
participation on the Exchange. The Exchange notes that it operates in a 
highly competitive market in which market participants can readily 
direct order flow to competing venues if they deem fee structures to be 
unreasonable or excessive. The Exchange does not believe the proposed 
amendments would burden intramarket competition as they would be 
available to all Members uniformly.

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

    The Exchange has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any 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 \17\ and paragraph (f) of Rule 19b-4 
thereunder.\18\ 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.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File No. SR-BatsBZX-2017-42 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-BatsBZX-2017-42. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File No. SR-BatsBZX-2017-42, and should be 
submitted on or before July 10, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-12584 Filed 6-16-17; 8:45 am]
BILLING CODE 8011-01-P



                                                                                   Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices                                                       27917

                                                    and provisions of the Act. Applicants                   of its shares through asset-based service               one establishing or changing a member
                                                    request an exemption under section 6(c)                 and/or distribution fees.                               due, fee, or other charge imposed by the
                                                    from sections 18(a)(2), 18(c) and 18(i) to                 3. For the reasons stated above,                     Exchange under Section 19(b)(3)(A)(ii)
                                                    permit the Fund to issue multiple                       applicants submit that the exemptions                   of the Act 3 and Rule 19b–4(f)(2)
                                                    classes of Shares.                                      requested under section 6(c) are                        thereunder,4 which renders the
                                                       5. Applicants submit that the                        necessary and appropriate in the public                 proposed rule change effective upon
                                                    proposed allocation of expenses relating                interest and are consistent with the                    filing with the Commission. The
                                                    to distribution and voting rights among                 protection of investors and the purposes                Commission is publishing this notice to
                                                    multiple classes is equitable and will                  fairly intended by the policy and                       solicit comments on the proposed rule
                                                    not discriminate against any group or                   provisions of the Act. Applicants further               change from interested persons.
                                                    class of shareholders. Applicants submit                submit that the Funds’ imposition of
                                                                                                            asset-based service and/or distribution                 I. Self-Regulatory Organization’s
                                                    that the proposed arrangements would                                                                            Statement of the Terms of Substance of
                                                    permit the Fund to facilitate the                       fees is consistent with the provisions,
                                                                                                            policies and purposes of the Act and                    the Proposed Rule Change
                                                    distribution of its Shares and provide
                                                    investors with a broader choice of                      does not involve participation on a basis                  The Exchange filed a proposal to
                                                    shareholder options. Applicants assert                  different from or less advantageous than                amend the fee schedule applicable to
                                                    that the proposed closed-end                            that of other participants.                             Members 5 and non-Members of the
                                                    investment company multiple class                       Applicants’ Condition                                   Exchange pursuant to BZX Rules 15.1(a)
                                                    structure does not raise the concerns                                                                           and (c).
                                                                                                               The Fund agrees that any order                          The text of the proposed rule change
                                                    underlying section 18 of the Act to any
                                                                                                            granting the requested relief will be                   is available at the Exchange’s Web site
                                                    greater degree than open-end                            subject to the following condition:
                                                    investment companies’ multiple class                                                                            at www.bats.com, at the principal office
                                                                                                               Applicants will comply with the                      of the Exchange, and at the
                                                    structures that are permitted by rule                   provisions of rules 6c–10, 12b–1, 17d–
                                                    18f–3 under the Act. Applicants state                                                                           Commission’s Public Reference Room.
                                                                                                            3, 18f–3, 22d–1, and where applicable,
                                                    that the Fund will comply with the                      11a–3 under the Act, as amended from                    II. Self-Regulatory Organization’s
                                                    provisions of rule 18f–3 as if it were an               time to time or replaced, as if those                   Statement of the Purpose of, and
                                                    open-end investment company.                            rules applied to closed-end management                  Statutory Basis for, the Proposed Rule
                                                    Asset-Based Service and/or Distribution                 investment companies, and will comply                   Change
                                                    Fees                                                    with FINRA Rule 2341, as amended                          In its filing with the Commission, the
                                                                                                            from time to time, as if that rule applied              Exchange included statements
                                                       1. Section 17(d) of the Act and rule                 to all closed-end management
                                                    17d–1 under the Act prohibit an                                                                                 concerning the purpose of and basis for
                                                                                                            investment companies.                                   the proposed rule change and discussed
                                                    affiliated person of a registered
                                                    investment company or an affiliated                       For the Commission, by the Division of                any comments it received on the
                                                    person of such person, acting as
                                                                                                            Investment Management, under delegated                  proposed rule change. The text of these
                                                                                                            authority.                                              statements may be examined at the
                                                    principal, from participating in or
                                                                                                            Eduardo A. Aleman,                                      places specified in Item IV below. The
                                                    effecting any transaction in connection
                                                    with any joint enterprise or joint                      Assistant Secretary.                                    Exchange has prepared summaries, set
                                                    arrangement in which the investment                     [FR Doc. 2017–12590 Filed 6–16–17; 8:45 am]             forth in Sections A, B, and C below, of
                                                    company participates unless the                         BILLING CODE 8011–01–P                                  the most significant parts of such
                                                    Commission issues an order permitting                                                                           statements.
                                                    the transaction. In reviewing                                                                                   A. Self-Regulatory Organization’s
                                                    applications submitted under section                    SECURITIES AND EXCHANGE
                                                                                                                                                                    Statement of the Purpose of, and the
                                                    17(d) and rule 17d–1, the Commission                    COMMISSION
                                                                                                                                                                    Statutory Basis for, the Proposed Rule
                                                    considers whether the participation of                  [Release No. 34–80912; File No. SR–                     Change
                                                    the investment company in a joint                       BatsBZX–2017–42]
                                                    enterprise or joint arrangement is                                                                              1. Purpose
                                                    consistent with the provisions, policies                Self-Regulatory Organizations; Bats                        The Exchange proposes to amend its
                                                    and purposes of the Act, and the extent                 BZX Exchange, Inc.; Notice of Filing                    fee schedule applicable to its equities
                                                    to which the participation is on a basis                and Immediate Effectiveness of a                        trading platform (‘‘BZX Equities’’) to: (i)
                                                    different from or less advantageous than                Proposed Rule Change Related to Fees                    Modify the rates associated with fee
                                                    that of other participants.                             for Use on Bats BZX Exchange, Inc.                      codes AA, BJ and RA; (ii) adopt new fee
                                                       2. Rule 17d–3 under the Act provides                 June 13, 2017.                                          code IX; and (iii) increase the condition
                                                    an exemption from section 17(d) and                        Pursuant to Section 19(b)(1) of the                  necessary to qualify for the enhanced
                                                    rule 17d–1 to permit open-end                           Securities Exchange Act of 1934 (the                    rebate provided by the Step-Up tier
                                                    investment companies to enter into                      ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  under footnote 2. The Exchange notes
                                                    distribution arrangements pursuant to                   notice is hereby given that on June 1,                  that Bats EDGA Exchange, Inc.
                                                    rule 12b–1 under the Act. Applicants                    2017, Bats BZX Exchange, Inc. (the                      (‘‘EDGA’’) is implementing certain
                                                    request an order under section 17(d) and                ‘‘Exchange’’ or ‘‘BZX’’) filed with the                 pricing changes effective June 1, 2017,
                                                                                                                                                                    including modification of various fees
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    rule 17d–1 under the Act to permit the                  Securities and Exchange Commission
                                                    Fund to impose asset-based service and/                 (‘‘Commission’’) the proposed rule                      and rebates to add and remove liquidity
                                                    or distribution fees. Applicants have                   change as described in Items I, II and III              with a displayed or IOC order to a flat
                                                    agreed to comply with rules 12b–1 and                   below, which Items have been prepared
                                                                                                                                                                      3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                    17d–3 as if those rules applied to                      by the Exchange. The Exchange has                         4 17 CFR 240.19b–4(f)(2).
                                                    closed-end investment companies,                        designated the proposed rule change as                    5 The term ‘‘Member’’ is defined as ‘‘any
                                                    which they believe will resolve any                                                                             registered broker or dealer that has been admitted
                                                    concerns that might arise in connection                   1 15   U.S.C. 78s(b)(1).                              to membership in the Exchange.’’ See Exchange
                                                    with a Fund financing the distribution                    2 17   CFR 240.19b–4.                                 Rule 1.5(n).



                                               VerDate Sep<11>2014   17:09 Jun 16, 2017   Jkt 241001   PO 00000   Frm 00136    Fmt 4703   Sfmt 4703   E:\FR\FM\19JNN1.SGM    19JNN1


                                                    27918                          Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices

                                                    fee of $0.0003 per share to add or                      share for all securities (i.e., those priced           venues if they deem fee levels at a
                                                    remove liquidity with a displayed or                    at or above $1.00 and those priced                     particular venue to be excessive or
                                                    IOC order.6 The proposed changes to                     below $1.00). The Exchange notes that                  incentives to be insufficient.
                                                    AA, BJ, and RA are proposed in light of                 it has not previously included IEX on                  Furthermore, the Exchange notes that
                                                    these changes.                                          the routing tables for TRIM and TRIM2                  routing through the Exchange’s affiliate,
                                                                                                            but plans to do so effective June 1, 2017,             Bats Trading, is voluntary.
                                                    Fee Code AA
                                                                                                            and thus, that the proposed change is
                                                       The Exchange proposes to modify the                  necessary to account for executions at                 Modification of the MPID Investor Step-
                                                    rate associated with orders yielding fee                IEX through such routing strategies.                   Up Add Tier
                                                    code AA, which results from an order
                                                    routed to EDGA using ALLB routing                       Single MPID Investor Tier                                 The Exchange believes that the
                                                    strategy,7 from a $0.0002 per share                       The Exchange currently offers two                    proposed modification to the tiered
                                                    rebate to a fee of $0.0003 per share for                Single MPID Investor Tiers under                       pricing structure is reasonable, fair and
                                                    securities priced at or above $1.00. The                footnote 4, which provides an enhanced                 equitable, and non-discriminatory. The
                                                    Exchange does not propose to modify                     rebate of $0.0031 or $0.0027 per share                 Exchange operates in a highly
                                                    the rate for orders yielding fee code AA                for qualifying orders which yield fee                  competitive market in which market
                                                    for securities priced below $1.00, which                codes B,9 V,10 or Y.11 The distinction                 participants may readily send order
                                                    are currently not charged a fee nor                     between the tiers under footnote 4 and                 flow to many competing venues if they
                                                    provided a rebate.                                      other tiers offered by the Exchange, is                deem fees at the Exchange to be
                                                                                                            that the volume measured to determine                  excessive or incentives provided to be
                                                    Fee Code BJ                                                                                                    insufficient. The proposed structure
                                                                                                            whether a Member qualifies is
                                                       The Exchange proposes to modify the                  performed on an MPID by MPID basis.                    remains intended to attract order flow to
                                                    rate associated with orders yielding fee                The Exchange proposes to modify the                    the Exchange by offering market
                                                    code BJ, which result from an order                     criteria necessary to achieve the Step-                participants a competitive pricing
                                                    routed to EDGA using TRIM or TRIM2                      Up Add Tier as described below.                        structure. The Exchange believes it is
                                                    routing strategies,8 from a rebate of                     Currently, under the Step-Up Add                     reasonable to offer and incrementally
                                                    $0.0002 per share to a fee of $0.0003 per               Tier a Member may receive an enhanced                  modify incentives intended to help to
                                                    share for all securities (i.e., those priced            rebate of $0.0027 per share where the                  contribute to the growth of the
                                                    at or above $1.00 and those priced                      MPID has a Step-Up ADAV 12 from                        Exchange.
                                                    below $1.00).                                           November 2016, greater than or equal to                   Volume-based pricing such as that
                                                    Fee Code RA                                             500,000 shares. As amended a Member                    proposed herein have been widely
                                                                                                            may receive an enhanced rebate of                      adopted by exchanges, including the
                                                       The Exchange proposes to decrease                    $0.0027 per share where the MPID has
                                                    the fee associated with orders yielding                                                                        Exchange, and are equitable because
                                                                                                            a Step-Up ADAV from November 2016,                     they are open to all Members on an
                                                    fee code RA, which results from an                      greater than or equal to 750,000 shares.
                                                    order routed to EDGA which adds                                                                                equal basis and provide additional
                                                    liquidity, from a fee of $0.0005 per share              Implementation Date                                    benefits or discounts that are reasonably
                                                    to a fee of $0.0003 per share for                         The Exchange proposes to implement                   related to: (i) The value to an exchange’s
                                                    securities priced at or above $1.00. The                the above changes to its fee schedule on               market quality; (ii) associated higher
                                                    Exchange does not propose to modify                     June 1, 2017.                                          levels of market activity, such as higher
                                                    the rate for orders yielding fee code RA                                                                       levels of liquidity provisions and/or
                                                    for securities priced below $1.00, which                2. Statutory Basis                                     growth patterns; and (iii) introduction of
                                                    are currently not charged a fee nor                        The Exchange believes that the                      higher volumes of orders into the price
                                                    provided a rebate.                                      proposed rule changes are consistent                   and volume discovery processes.
                                                                                                            with the objectives of Section 6 of the                   The proposed modification of the
                                                    Fee Code IX                                             Act,13 in general, and furthers the                    Single MPID Step-Up Add Tier
                                                       The Exchange proposes to adopt new                   objectives of Section 6(b)(4),14 in                    reinforces the purpose of the Single
                                                    fee code IX, which would be appended                    particular, as it is designed to provide               MPID Investor Tier by incentivizing
                                                    to all orders that are routed to the                    for the equitable allocation of reasonable             Members to send additionally higher
                                                    Investors Exchange, Inc. (‘‘IEX’’) using                dues, fees and other charges among its                 level of orders to the Exchange than was
                                                    the using TRIM or TRIM2 routing                         Members and other persons using its                    previously required. By applying the
                                                    strategies. Orders yielding fee code IX                 facilities. The Exchange also notes that               tier on a single MPID rather than across
                                                    will be charged a fee of $0.0010 per                    it operates in a highly-competitive                    a Member’s entire trading activity, the
                                                                                                            market in which market participants can                Exchange is also allowing more
                                                      6 See Press Release, Bats Announces Fee
                                                                                                            readily direct order flow to competing                 Members to potentially receive the
                                                    Overhaul of EDGA Equities Exchange (May 30,
                                                    2017), available at http://ir.cboe.com/press-             9 Fee code B is appended to displayed orders
                                                                                                                                                                   enhanced rebates for their trading
                                                    releases/2017/05-30-2017.aspx.
                                                                                                            which add liquidity to Tape B and is provided a
                                                                                                                                                                   activity related to liquidity provision.
                                                      7 ALLB is a routing option under which the order
                                                                                                            rebate of $0.0025 per share.                           Thus, the Exchange believes that the
                                                    checks the System for available shares and is then
                                                    sent to the Bats BYX Exchange, Inc. (‘‘BYX’’),
                                                                                                              10 Fee code V is appended to displayed orders        proposed modification to the tiered
                                                    EDGA, and Bats EDGX Exchange, Inc. (‘‘EDGX’’            which add liquidity to Tape A and is provided a        pricing structure under footnote 4 is a
                                                                                                            rebate of $0.0020 per share.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    collectively with the Exchange, BYX, and EDGA,
                                                                                                              11 Fee code Y is appended to displayed orders
                                                                                                                                                                   reasonable, equitable, and not an
                                                    the ‘‘BGM Affiliated Exchanges’’). See the                                                                     unfairly discriminatory allocation of
                                                    Exchange’s routing strategies available at http://      which add liquidity to Tape C and is provided a
                                                    cdn.batstrading.com/resources/features/bats_            rebate of $0.0020 per share.                           fees and rebates because it will provide
                                                    exchange_routing-strategies.pdf. See also Exchange        12 ‘‘Step-Up ADAV’’ means ADAV in the relevant       Members with an incentive to reach a
                                                    Rule 11.13(b)(3).                                       baseline month subtracted from current ADAV. See       higher thresholds on the Exchange by
                                                      8 The TRIM and TRIM2 routing strategies focus         the Exchange’s fee schedule available at http://
                                                                                                            www.bats.com/us/equities/membership/fee_
                                                                                                                                                                   contributing a meaningful amount of
                                                    on seeking execution of orders while minimizing
                                                    execution costs by routing only to certain low cost     schedule/bzx/.                                         order flow. The proposed modification
                                                    execution venues on the Exchange’s System routing         13 15 U.S.C. 78f.                                    is non-discriminatory because it applies
                                                    table. Id.                                                14 15 U.S.C. 78f(b)(4).                              and is available to all Members.


                                               VerDate Sep<11>2014   17:09 Jun 16, 2017   Jkt 241001   PO 00000   Frm 00137   Fmt 4703   Sfmt 4703   E:\FR\FM\19JNN1.SGM   19JNN1


                                                                                   Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices                                                       27919

                                                    Fee Codes AA, BJ, and RA                                necessary or appropriate in furtherance                    Electronic Comments
                                                       As noted above, EDGA is                              of the purposes of the Act. The
                                                                                                            Exchange does not believe that any of                        • Use the Commission’s Internet
                                                    implementing certain pricing changes
                                                                                                            the proposed changes to the Exchange’s                     comment form (http://www.sec.gov/
                                                    effective June 1, 2017, including
                                                                                                            routing pricing burden competition, as                     rules/sro.shtml); or
                                                    modification of various fees and rebates
                                                    to and remove liquidity with a                          they are based on the pricing on other                       • Send an email to rule-comments@
                                                    displayed or IOC order to a flat fee of                 venues. Similarly, the Exchange does                       sec.gov. Please include File No. SR–
                                                    $0.0003 per share to add or remove                      not believe that the proposed change to                    BatsBZX–2017–42 on the subject line.
                                                    liquidity with a displayed or IOC                       the Exchange’s tiered pricing structure
                                                                                                                                                                       Paper Comments
                                                    order.15 The changes to fee codes AA,                   burden competition, but instead, that
                                                    BJ, and RA are proposed in light of these               they enhance competition as they are                         • Send paper comments in triplicate
                                                    changes and reflect a pass-through of                   intended to increase the                                   to Secretary, Securities and Exchange
                                                    the pricing provided by EDGA. As the                    competitiveness of BZX by modifying                        Commission, 100 F Street NE.,
                                                    pricing in securities priced at or above                pricing incentives in order to attract                     Washington, DC 20549–1090.
                                                    $1.00 reflects the same pricing a                       order flow and incentivize participants
                                                    Member would receive for participation                                                                             All submissions should refer to File No.
                                                                                                            to increase their participation on the
                                                    on EDGA directly and the pricing in                                                                                SR–BatsBZX–2017–42. This file number
                                                                                                            Exchange. The Exchange notes that it
                                                    securities priced below $1.00 is based                                                                             should be included on the subject line
                                                                                                            operates in a highly competitive market
                                                    on the current pricing model applied by                                                                            if email is used. To help the
                                                    the Exchange, the Exchange believes the                 in which market participants can
                                                                                                                                                                       Commission process and review your
                                                    proposed fees are reasonable and                        readily direct order flow to competing
                                                                                                                                                                       comments more efficiently, please use
                                                    equitably allocated. The Exchange                       venues if they deem fee structures to be
                                                                                                                                                                       only one method. The Commission will
                                                    further believes the proposed fees are                  unreasonable or excessive. The
                                                                                                                                                                       post all comments on the Commission’s
                                                    non-discriminatory because they apply                   Exchange does not believe the proposed
                                                                                                                                                                       Internet Web site (http://www.sec.gov/
                                                    uniformly to all Members.                               amendments would burden intramarket
                                                                                                                                                                       rules/sro.shtml). Copies of the
                                                                                                            competition as they would be available
                                                    Fee Code IX                                                                                                        submission, all subsequent
                                                                                                            to all Members uniformly.
                                                       As of August 19, 2016, IEX began                                                                                amendments, all written statements
                                                    charging a fee of $0.0009 per share for                 C. Self-Regulatory Organization’s                          with respect to the proposed rule
                                                    orders which remove liquidity against                   Statement on Comments on the                               change that are filed with the
                                                    non-displayed orders and no fee for                     Proposed Rule Change Received From                         Commission, and all written
                                                    orders that remove liquidity against                    Members, Participants, or Others                           communications relating to the
                                                    displayed order.16 Because the                                                                                     proposed rule change between the
                                                    Exchange is not be able to control                        The Exchange has not solicited, and                      Commission and any person, other than
                                                    whether the order it routes to IEX                      does not intend to solicit, comments on                    those that may be withheld from the
                                                    executes against displayed or non-                      this proposed rule change. The                             public in accordance with the
                                                    displayed liquidity, it therefore, believes             Exchange has not received any written                      provisions of 5 U.S.C. 552, will be
                                                    it is equitable and reasonable to charge                comments from Members or other                             available for Web site viewing and
                                                    a fee for orders that yield fee code IX                 interested parties.                                        printing in the Commission’s Public
                                                    based on IEX’s rates for removing non-                  III. Date of Effectiveness of the                          Reference Room, 100 F Street NE.,
                                                    displayed interest. The Exchange further                                                                           Washington, DC 20549, on official
                                                                                                            Proposed Rule Change and Timing for
                                                    believes that its proposal to charge a fee                                                                         business days between the hours of
                                                    of $0.0010 per share is equitable and                   Commission Action
                                                                                                                                                                       10:00 a.m. and 3:00 p.m. Copies of the
                                                    reasonable because it accounts for the                     The foregoing rule change has become                    filing also will be available for
                                                    prices charged by IEX plus the                          effective pursuant to Section 19(b)(3)(A)
                                                    additional operation expenses that                                                                                 inspection and copying at the principal
                                                                                                            of the Act 17 and paragraph (f) of Rule                    office of the Exchange. All comments
                                                    would be incurred by the Exchange in                    19b–4 thereunder.18 At any time within
                                                    routing orders to IEX. Furthermore, the                                                                            received will be posted without change;
                                                                                                            60 days of the filing of the proposed rule                 the Commission does not edit personal
                                                    Exchange notes that routing through
                                                                                                            change, the Commission summarily may                       identifying information from
                                                    Bats Trading is voluntary and Members
                                                    may utilize other avenues to route                      temporarily suspend such rule change if                    submissions. You should submit only
                                                    orders to IEX, such as connecting to IEX                it appears to the Commission that such                     information that you wish to make
                                                    directly. Lastly, the Exchange also                     action is necessary or appropriate in the                  available publicly. All submissions
                                                    believes that the proposed fee code is                  public interest, for the protection of                     should refer to File No. SR–BatsBZX–
                                                    non-discriminatory because it applies                   investors, or otherwise in furtherance of                  2017–42, and should be submitted on or
                                                    uniformly to all Members.                               the purposes of the Act.                                   before July 10, 2017.
                                                    B. Self-Regulatory Organization’s                       IV. Solicitation of Comments                                 For the Commission, by the Division of
                                                    Statement on Burden on Competition                                                                                 Trading and Markets, pursuant to delegated
                                                                                                              Interested persons are invited to                        authority.19
                                                      The Exchange does not believe that                    submit written data, views, and
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    the proposed rule change will impose                                                                               Eduardo A. Aleman,
                                                                                                            arguments concerning the foregoing,
                                                    any burden on competition not                                                                                      Assistant Secretary.
                                                                                                            including whether the proposed rule
                                                                                                                                                                       [FR Doc. 2017–12584 Filed 6–16–17; 8:45 am]
                                                      15 See supra, note 6.
                                                                                                            change is consistent with the Act.
                                                                                                                                                                       BILLING CODE 8011–01–P
                                                      16 See IEX fee schedule available at https://         Comments may be submitted by any of
                                                    iextrading.com/trading/#fee-schedule (effective         the following methods:
                                                    August 19, 2016). See also IEX Trading Alert
                                                    #2016–036, Investors Exchange Fee Schedule
                                                                                                              17 15   U.S.C. 78s(b)(3)(A).
                                                    Effective August 19, 2016, available at https://
                                                    iextrading.com/trading/alerts/2016/036/.                  18 17   CFR 240.19b–4(f).                                  19 17   CFR 200.30–3(a)(12).



                                               VerDate Sep<11>2014   17:09 Jun 16, 2017   Jkt 241001   PO 00000   Frm 00138    Fmt 4703      Sfmt 9990   E:\FR\FM\19JNN1.SGM     19JNN1



Document Created: 2017-06-17 01:48:08
Document Modified: 2017-06-17 01:48:08
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 27917 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR