82_FR_31042 82 FR 30916 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Logical Ports on the Bats Equity Options Platform

82 FR 30916 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Logical Ports on the Bats Equity Options Platform

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 126 (July 3, 2017)

Page Range30916-30918
FR Document2017-13901

Federal Register, Volume 82 Issue 126 (Monday, July 3, 2017)
[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Pages 30916-30918]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13901]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81032; File No. SR-BatsBZX-2017-43]


Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change Related to 
Fees for Logical Ports on the Bats Equity Options Platform

June 27, 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 16, 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).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

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

    \5\ A 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.batstrading.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 modify the fee schedule applicable to the 
Exchange's options platform (``BZX Options'') to amend the fees for 
logical ports. A logical port represents a port established by the 
Exchange within the Exchange's system for trading and billing purposes. 
Each logical port established is specific to a Member or non-Member and 
grants that Member or non-Member the ability to operate a specific 
application, such as FIX order entry or PITCH data receipt. The 
Exchange's Multicast PITCH data feed is available from two primary 
feeds, identified as the ``A feed'' and the ``C feed'', which contain 
the same information but differ only in the way such feeds are 
received. The Exchange also offers two redundant fees, identified as 
the ``B feed'' and the ``D feed.'' The Exchange also offers a bulk-
quoting interface which allows Users \6\ of BZX Options to submit and 
update multiple bids and offers in one message through logical ports 
enabled for bulk-quoting.\7\ The bulk-quoting application for BZX 
Options is a particularly useful feature for Users that provide 
quotations in many different options. Logical port fees are limited to 
logical ports in the Exchange's primary data center and no logical port 
fees are assessed for redundant secondary data center ports. The 
Exchange assesses the monthly per logical port fees for all of a Member 
and non-Member logical ports.
---------------------------------------------------------------------------

    \6\ A User on BZX Options is either a member of BZX Options or a 
sponsored participant who is authorized to obtain access to the 
Exchange's system pursuant to BZX Rule 11.3. See Exchange Rule 
16.1(a)(63).
    \7\ See Securities Exchange Act Release Nos. 65133 (August 15, 
2011), 76 FR 52032 (August 19, 2011) (SR-BATS-2011-029) and 65307 
(September 9, 2011), 76 FR 57092 (September 15, 2011) (SR-BATS-2011-
034).
---------------------------------------------------------------------------

    The Exchange currently charges for logical ports (including 
Multicast PITCH Spin Server and GRP ports) a fee $650 per port per 
month. The Exchange now proposes to amend the fees for logical ports, 
Multicast PITCH Spin Server Ports for a set of primary ports (A or C 
feed), and GRP Ports for a set of primary ports (A or C feed) to $750 
per month.\8\

[[Page 30917]]

The Exchange will continue to offer for free the ports necessary to 
receive the Exchange's redundant Multicast ``B feed'' and ``D feed'', 
as well as all ports made available in the Exchange's secondary data 
center.
---------------------------------------------------------------------------

    \8\ The Exchange does not propose to amend the monthly fee for 
purge ports.
---------------------------------------------------------------------------

    The Exchange also proposes to amend the monthly fee for ports with 
bulk quoting capabilities. The Exchange currently charges $1,500 per 
month for the User's first five logical ports with bulk quoting 
capabilities. Each logical port with bulk quoting capabilities in 
excess of five logical ports is subject to a fee of $2,000 per month. 
The Exchange will continue to charge $1,500 per month for the User's 
first and second logical ports. However, any logical port with bulk 
quoting capabilities in excess of two logical ports would be subject to 
a fee of $2,500 per month.
Implementation Date
    The Exchange proposes to implement these amendments to its fee 
schedule on July 3, 2017.
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.\9\ 
Specifically, the Exchange believes that the proposed rule change is 
consistent with Section 6(b)(4) of the Act,\10\ 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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange operates in a highly competitive market in which 
exchanges offer connectivity services as a means of facilitating the 
trading activities of Members and other participants. Accordingly, fees 
charged for connectivity are constrained by the active competition for 
the order flow of such participants as well as demand for market data 
from the Exchange. If a particular exchange charges excessive fees for 
connectivity, affected members will opt to terminate their connectivity 
arrangements with that exchange, and adopt a possible range of 
alternative strategies, including routing to the applicable exchange 
through another participant or market center or taking that exchange's 
data indirectly. Accordingly, the exchange charging excessive fees 
would stand to lose not only connectivity revenues but also revenues 
associated with the execution of orders routed to it by affected 
members, and, to the extent applicable, market data revenues. The 
Exchange believes that this competitive dynamic imposes powerful 
restraints on the ability of any exchange to charge unreasonable fees 
for connectivity.
    The Exchange believes that the proposed fees for logical ports are 
equitably allocated, reasonable, and not unfairly discriminatory in 
that the proposed fees will help the Exchange to cover increasing 
infrastructure costs associated with offering and maintaining logical 
ports connections. The Exchange also notes its proposed fees are only 
modestly higher than those currently charged by the Nasdaq Stock Market 
LLC (``Nasdaq'').\11\ In addition, the Exchange believes that the 
proposed fees for logical ports with bulk quoting capabilities are also 
equitably allocated, reasonable, and not unfairly discriminatory. The 
proposal will help the Exchange to cover increasing infrastructure 
costs associated with offering and continuing to offer bulk-quoting 
capabilities to BZX Options Users. The Exchange notes that the use of 
such ports is optional and that market participants can continue to 
access BZX Options through other logical ports for $750 per month. At 
the same time, the Exchange believes that its fees for bulk-quoting 
ports are reasonable, given the benefits and added efficiencies Users 
of BZX Options realize through such ports. The Exchange notes that 
charging different fees based on the number of ports a User subscribes 
to is designed to encourage Users to become more efficient, and reduce 
the number of ports used, thereby resulting in a corresponding increase 
in the efficiency that the Exchange would be able to realize with 
respect to managing its own infrastructure.
---------------------------------------------------------------------------

    \11\ See Nasdaq Options Pricing, Chapter XV, Section 3(b) 
(charging a monthly fee of $650 order entry ports).
---------------------------------------------------------------------------

    Lastly, the Exchange also believes that the proposed amendments to 
its fee schedule are non-discriminatory because they will apply 
uniformly to all Members. All Members that voluntarily select various 
service options will be charged the same amount for the same services. 
All Members have the option to select any connectivity option, and 
there is no differentiation among Members with regard to the fees 
charged for the services offered by the Exchange.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange believes its proposed amendments to its fee schedule 
would not impose any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. The Exchange 
does not believe that the proposed change represents a significant 
departure from previous pricing offered by the Exchange or pricing 
offered by the Exchange's competitors. Additionally, Members may opt to 
disfavor the Exchange's pricing if they believe that alternatives offer 
them better value. Accordingly, the Exchange does not believe that the 
proposed change will impair the ability of Members or competing venues 
to maintain their competitive standing in the financial markets.
    The Exchange believes that fees for connectivity are constrained by 
the robust competition for order flow among exchanges and non-exchange 
markets. Further, excessive fees for connectivity, including logical 
port fees, would serve to impair an exchange's ability to compete for 
order flow rather than burdening competition. The Exchange also does 
not believe the proposed rule change would impact intramarket 
competition as it would apply to all Members and non-Members equally.

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

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

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \12\ and paragraph (f) of Rule 19b-4 
thereunder.\13\ 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.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 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:

[[Page 30918]]

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-BatsBZX-2017-43 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-BatsBZX-2017-43. 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 will also 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-BatsBZX-201-43 and should be 
submitted on or before July 24, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-13901 Filed 6-30-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                30916                             Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices

                                                Electronic Comments                                       SECURITIES AND EXCHANGE                                places specified in Item IV below. The
                                                                                                          COMMISSION                                             Exchange has prepared summaries, set
                                                  • Use the Commission’s Internet                                                                                forth in Sections A, B, and C below, of
                                                comment form (http://www.sec.gov/                         [Release No. 34–81032; File No. SR–
                                                                                                          BatsBZX–2017–43]
                                                                                                                                                                 the most significant parts of such
                                                rules/sro.shtml); or                                                                                             statements.
                                                  • Send an email to rule-comments@                       Self-Regulatory Organizations; Bats                    (A) Self-Regulatory Organization’s
                                                sec.gov. Please include File Number SR–                   BZX Exchange, Inc.; Notice of Filing                   Statement of the Purpose of, and
                                                FINRA–2017–019 on the subject line.                       and Immediate Effectiveness of a                       Statutory Basis for, the Proposed Rule
                                                                                                          Proposed Rule Change Related to Fees                   Change
                                                Paper Comments                                            for Logical Ports on the Bats Equity
                                                                                                          Options Platform                                       1. Purpose
                                                  • Send paper comments in triplicate
                                                to Robert W. Errett, Deputy Secretary,                    June 27, 2017.
                                                                                                                                                                    The Exchange proposes to modify the
                                                Securities and Exchange Commission,                          Pursuant to Section 19(b)(1) of the                 fee schedule applicable to the
                                                100 F Street NE., Washington, DC                          Securities Exchange Act of 1934 (the                   Exchange’s options platform (‘‘BZX
                                                20549–1090.                                               ‘‘Act’’),1 and Rule 19b–4 thereunder,2                 Options’’) to amend the fees for logical
                                                                                                          notice is hereby given that on June 16,                ports. A logical port represents a port
                                                All submissions should refer to File                                                                             established by the Exchange within the
                                                                                                          2017 Bats BZX Exchange, Inc. (the
                                                Number SR–FINRA–2017–019. This file                                                                              Exchange’s system for trading and
                                                                                                          ‘‘Exchange’’ or ‘‘BZX’’) filed with the
                                                number should be included on the                          Securities and Exchange Commission                     billing purposes. Each logical port
                                                subject line if email is used. To help the                (‘‘Commission’’) the proposed rule                     established is specific to a Member or
                                                Commission process and review your                        change as described in Items I, II and III             non-Member and grants that Member or
                                                comments more efficiently, please use                     below, which Items have been prepared                  non-Member the ability to operate a
                                                only one method. The Commission will                      by the Exchange. The Exchange has                      specific application, such as FIX order
                                                post all comments on the Commission’s                     designated the proposed rule change as                 entry or PITCH data receipt. The
                                                Internet Web site (http://www.sec.gov/                    one establishing or changing a member                  Exchange’s Multicast PITCH data feed is
                                                rules/sro.shtml). Copies of the                           due, fee, or other charge imposed by the               available from two primary feeds,
                                                submission, all subsequent                                Exchange under Section 19(b)(3)(A)(ii)                 identified as the ‘‘A feed’’ and the ‘‘C
                                                amendments, all written statements                        of the Act 3 and Rule 19b–4(f)(2)                      feed’’, which contain the same
                                                with respect to the proposed rule                         thereunder,4 which renders the                         information but differ only in the way
                                                change that are filed with the                            proposed rule change effective upon                    such feeds are received. The Exchange
                                                Commission, and all written                               filing with the Commission. The                        also offers two redundant fees,
                                                                                                          Commission is publishing this notice to                identified as the ‘‘B feed’’ and the ‘‘D
                                                communications relating to the
                                                                                                          solicit comments on the proposed rule                  feed.’’ The Exchange also offers a bulk-
                                                proposed rule change between the
                                                                                                          change from interested persons.                        quoting interface which allows Users 6
                                                Commission and any person, other than
                                                                                                                                                                 of BZX Options to submit and update
                                                those that may be withheld from the                       I. Self-Regulatory Organization’s                      multiple bids and offers in one message
                                                public in accordance with the                             Statement of the Terms of Substance of                 through logical ports enabled for bulk-
                                                provisions of 5 U.S.C. 552, will be                       the Proposed Rule Change                               quoting.7 The bulk-quoting application
                                                available for Web site viewing and                           The Exchange filed a proposal to                    for BZX Options is a particularly useful
                                                printing in the Commission’s Public                       amend its fees and rebates applicable to               feature for Users that provide quotations
                                                Reference Room, 100 F Street NE.,                         Members 5 and non-Members of the                       in many different options. Logical port
                                                Washington, DC 20549, on official                         Exchange pursuant to BZX Rules 15.1(a)                 fees are limited to logical ports in the
                                                business days between the hours of 10                     and (c).                                               Exchange’s primary data center and no
                                                a.m. and 3 p.m. Copies of such filing                        The text of the proposed rule change                logical port fees are assessed for
                                                also will be available for inspection and                 is available at the Exchange’s Web site                redundant secondary data center ports.
                                                copying at the principal office of                        at www.batstrading.com, at the                         The Exchange assesses the monthly per
                                                FINRA. All comments received will be                      principal office of the Exchange, and at               logical port fees for all of a Member and
                                                posted without change; the Commission                     the Commission’s Public Reference                      non-Member logical ports.
                                                does not edit personal identifying                        Room.                                                     The Exchange currently charges for
                                                information from submissions. You                                                                                logical ports (including Multicast PITCH
                                                                                                          II. Self-Regulatory Organization’s
                                                should submit only information that                                                                              Spin Server and GRP ports) a fee $650
                                                                                                          Statement of the Purpose of, and
                                                you wish to make available publicly. All                                                                         per port per month. The Exchange now
                                                                                                          Statutory Basis for, the Proposed Rule
                                                submissions should refer to File                                                                                 proposes to amend the fees for logical
                                                                                                          Change
                                                Number SR–FINRA–2017–019 and                                                                                     ports, Multicast PITCH Spin Server
                                                                                                             In its filing with the Commission, the              Ports for a set of primary ports (A or C
                                                should be submitted on or before July                     Exchange included statements                           feed), and GRP Ports for a set of primary
                                                24, 2017.                                                 concerning the purpose of and basis for                ports (A or C feed) to $750 per month.8
                                                  For the Commission, by the Division of                  the proposed rule change and discussed
                                                Trading and Markets, pursuant to delegated                any comments it received on the                          6 A User on BZX Options is either a member of

                                                authority.14                                              proposed rule change. The text of these                BZX Options or a sponsored participant who is
                                                                                                          statements may be examined at the                      authorized to obtain access to the Exchange’s
sradovich on DSK3GMQ082PROD with NOTICES




                                                Robert W. Errett,                                                                                                system pursuant to BZX Rule 11.3. See Exchange
                                                Deputy Secretary.                                                                                                Rule 16.1(a)(63).
                                                                                                            1 15 U.S.C. 78s(b)(1).                                 7 See Securities Exchange Act Release Nos. 65133
                                                [FR Doc. 2017–13903 Filed 6–30–17; 8:45 am]                 2 17 CFR 240.19b–4.                                  (August 15, 2011), 76 FR 52032 (August 19, 2011)
                                                BILLING CODE 8011–01–P                                      3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                                                                                                                                 (SR–BATS–2011–029) and 65307 (September 9,
                                                                                                            4 17 CFR 240.19b–4(f)(2).                            2011), 76 FR 57092 (September 15, 2011) (SR–
                                                                                                            5 A Member is defined as ‘‘any registered broker     BATS–2011–034).
                                                                                                          or dealer that has been admitted to membership in        8 The Exchange does not propose to amend the
                                                  14 17   CFR 200.30–3(a)(12).                            the Exchange.’’ See Exchange Rule 1.5(n).              monthly fee for purge ports.



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                                                                                 Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices                                             30917

                                                The Exchange will continue to offer for                  revenues associated with the execution                 not impose any burden on competition
                                                free the ports necessary to receive the                  of orders routed to it by affected                     that is not necessary or appropriate in
                                                Exchange’s redundant Multicast ‘‘B                       members, and, to the extent applicable,                furtherance of the purposes of the Act.
                                                feed’’ and ‘‘D feed’’, as well as all ports              market data revenues. The Exchange                     The Exchange does not believe that the
                                                made available in the Exchange’s                         believes that this competitive dynamic                 proposed change represents a significant
                                                secondary data center.                                   imposes powerful restraints on the                     departure from previous pricing offered
                                                   The Exchange also proposes to amend                   ability of any exchange to charge                      by the Exchange or pricing offered by
                                                the monthly fee for ports with bulk                      unreasonable fees for connectivity.                    the Exchange’s competitors.
                                                quoting capabilities. The Exchange                          The Exchange believes that the                      Additionally, Members may opt to
                                                currently charges $1,500 per month for                   proposed fees for logical ports are                    disfavor the Exchange’s pricing if they
                                                the User’s first five logical ports with                 equitably allocated, reasonable, and not               believe that alternatives offer them
                                                bulk quoting capabilities. Each logical                  unfairly discriminatory in that the                    better value. Accordingly, the Exchange
                                                port with bulk quoting capabilities in                   proposed fees will help the Exchange to                does not believe that the proposed
                                                excess of five logical ports is subject to               cover increasing infrastructure costs                  change will impair the ability of
                                                a fee of $2,000 per month. The Exchange                  associated with offering and                           Members or competing venues to
                                                will continue to charge $1,500 per                       maintaining logical ports connections.                 maintain their competitive standing in
                                                month for the User’s first and second                    The Exchange also notes its proposed                   the financial markets.
                                                logical ports. However, any logical port                 fees are only modestly higher than those                 The Exchange believes that fees for
                                                with bulk quoting capabilities in excess                 currently charged by the Nasdaq Stock                  connectivity are constrained by the
                                                of two logical ports would be subject to                 Market LLC (‘‘Nasdaq’’).11 In addition,                robust competition for order flow among
                                                a fee of $2,500 per month.                               the Exchange believes that the proposed                exchanges and non-exchange markets.
                                                Implementation Date                                      fees for logical ports with bulk quoting               Further, excessive fees for connectivity,
                                                                                                         capabilities are also equitably allocated,             including logical port fees, would serve
                                                  The Exchange proposes to implement                     reasonable, and not unfairly                           to impair an exchange’s ability to
                                                these amendments to its fee schedule on                  discriminatory. The proposal will help                 compete for order flow rather than
                                                July 3, 2017.                                            the Exchange to cover increasing                       burdening competition. The Exchange
                                                2. Statutory Basis                                       infrastructure costs associated with                   also does not believe the proposed rule
                                                                                                         offering and continuing to offer bulk-                 change would impact intramarket
                                                   The Exchange believes that the
                                                                                                         quoting capabilities to BZX Options                    competition as it would apply to all
                                                proposed rule change is consistent with
                                                                                                         Users. The Exchange notes that the use                 Members and non-Members equally.
                                                the requirements of the Act and the
                                                                                                         of such ports is optional and that market
                                                rules and regulations thereunder that                                                                           (C) Self-Regulatory Organization’s
                                                                                                         participants can continue to access BZX
                                                are applicable to a national securities                                                                         Statement on Comments on the
                                                                                                         Options through other logical ports for
                                                exchange, and, in particular, with the                                                                          Proposed Rule Change Received From
                                                                                                         $750 per month. At the same time, the
                                                requirements of Section 6 of the Act.9                                                                          Members, Participants or Others
                                                                                                         Exchange believes that its fees for bulk-
                                                Specifically, the Exchange believes that                                                                          The Exchange has not solicited, and
                                                                                                         quoting ports are reasonable, given the
                                                the proposed rule change is consistent                                                                          does not intend to solicit, comments on
                                                                                                         benefits and added efficiencies Users of
                                                with Section 6(b)(4) of the Act,10 in that                                                                      this proposed rule change. The
                                                                                                         BZX Options realize through such ports.
                                                it provides for the equitable allocation                                                                        Exchange has not received any
                                                                                                         The Exchange notes that charging
                                                of reasonable dues, fees and other                                                                              unsolicited written comments from
                                                                                                         different fees based on the number of
                                                charges among members and other                                                                                 Members or other interested parties.
                                                                                                         ports a User subscribes to is designed to
                                                persons using any facility or system
                                                                                                         encourage Users to become more                         III. Date of Effectiveness of the
                                                which the Exchange operates or
                                                                                                         efficient, and reduce the number of                    Proposed Rule Change and Timing for
                                                controls.
                                                   The Exchange operates in a highly                     ports used, thereby resulting in a                     Commission Action
                                                competitive market in which exchanges                    corresponding increase in the efficiency
                                                                                                         that the Exchange would be able to                        The foregoing rule change has become
                                                offer connectivity services as a means of                                                                       effective pursuant to Section 19(b)(3)(A)
                                                facilitating the trading activities of                   realize with respect to managing its own
                                                                                                         infrastructure.                                        of the Act 12 and paragraph (f) of Rule
                                                Members and other participants.                                                                                 19b–4 thereunder.13 At any time within
                                                                                                            Lastly, the Exchange also believes that
                                                Accordingly, fees charged for                                                                                   60 days of the filing of the proposed rule
                                                                                                         the proposed amendments to its fee
                                                connectivity are constrained by the                                                                             change, the Commission summarily may
                                                                                                         schedule are non-discriminatory
                                                active competition for the order flow of                                                                        temporarily suspend such rule change if
                                                                                                         because they will apply uniformly to all
                                                such participants as well as demand for                                                                         it appears to the Commission that such
                                                                                                         Members. All Members that voluntarily
                                                market data from the Exchange. If a                                                                             action is necessary or appropriate in the
                                                                                                         select various service options will be
                                                particular exchange charges excessive                                                                           public interest, for the protection of
                                                                                                         charged the same amount for the same
                                                fees for connectivity, affected members                                                                         investors, or otherwise in furtherance of
                                                                                                         services. All Members have the option
                                                will opt to terminate their connectivity                                                                        the purposes of the Act.
                                                                                                         to select any connectivity option, and
                                                arrangements with that exchange, and
                                                                                                         there is no differentiation among                      IV. Solicitation of Comments
                                                adopt a possible range of alternative
                                                                                                         Members with regard to the fees charged
                                                strategies, including routing to the                                                                              Interested persons are invited to
                                                                                                         for the services offered by the Exchange.
                                                applicable exchange through another                                                                             submit written data, views, and
sradovich on DSK3GMQ082PROD with NOTICES




                                                participant or market center or taking                   (B) Self-Regulatory Organization’s                     arguments concerning the foregoing,
                                                that exchange’s data indirectly.                         Statement on Burden on Competition                     including whether the proposed rule
                                                Accordingly, the exchange charging                         The Exchange believes its proposed                   change is consistent with the Act.
                                                excessive fees would stand to lose not                   amendments to its fee schedule would                   Comments may be submitted by any of
                                                only connectivity revenues but also                                                                             the following methods:
                                                                                                           11 See Nasdaq Options Pricing, Chapter XV,
                                                  9 15 U.S.C. 78f.                                                                                                12 15   U.S.C. 78s(b)(3)(A).
                                                                                                         Section 3(b) (charging a monthly fee of $650 order
                                                  10 15 U.S.C. 78f(b)(4).                                entry ports).                                            13 17   CFR 240.19b–4(f).



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                                                30918                             Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices

                                                Electronic Comments                                       SECURITIES AND EXCHANGE                                levels.5 As a mechanism for ensuring
                                                                                                          COMMISSION                                             that Clearing Members provide high-
                                                  • Use the Commission’s Internet                                                                                quality submissions, ICE Clear Europe
                                                comment form (http://www.sec.gov/                         [Release No. 34–81031; File No. SR–ICEEU–
                                                                                                          2017–006]
                                                                                                                                                                 selects a subset of CDS instruments, on
                                                rules/sro.shtml); or                                                                                             random days, to be eligible for required
                                                  • Send an email to rule-comments@                       Self-Regulatory Organizations; ICE                     firm trades between Clearing Members.
                                                sec.gov. Please include File Number SR–                   Clear Europe Limited; Order Approving                  Where Clearing Members are identified
                                                BatsBZX–2017–43 on the subject line.                      Proposed Rule Changes Relating to                      for the purposes of a firm trade pursuant
                                                                                                          the CDS End-of-Day Price Discovery                     to ICE Clear Europe’s ‘‘cross and lock
                                                Paper Comments                                            Policy and Price Submission                            algorithm’’ based on their price
                                                                                                          Disciplinary Framework                                 submissions, ICE Clear Europe may
                                                  • Send paper comments in triplicate
                                                                                                                                                                 require such Clearing Members to enter
                                                to Secretary, Securities and Exchange                     June 27, 2017.                                         into firm trades with each other.6
                                                Commission, 100 F Street NE.,                                                                                       In connection with the firm trade
                                                Washington, DC 20549–1090.                                I. Introduction
                                                                                                                                                                 obligation, ICE Clear Europe has
                                                                                                             On April 26, 2017, ICE Clear Europe                 established pre-defined maximum
                                                All submissions should refer to File                      Limited (‘‘ICE Clear Europe) filed with
                                                Number SR–BatsBZX–2017–43. This file                                                                             notional amounts for firm trades in
                                                                                                          the Securities and Exchange                            single-name CDS contracts (‘‘firm trade
                                                number should be included on the                          Commission (‘‘Commission’’), pursuant
                                                subject line if email is used. To help the                                                                       notional limits’’), which are currently
                                                                                                          to Section 19(b)(1) of the Securities                  set at the Clearing Member level.7 ICE
                                                Commission process and review your                        Exchange Act of 1934 (‘‘Act’’),1 and
                                                comments more efficiently, please use                                                                            Clear Europe proposed to amend the
                                                                                                          Rule 19b–4 thereunder,2 a proposed rule                manner in which it applies the firm
                                                only one method. The Commission will                      change (SR–ICEEU–2017–006) to amend                    trade notional limits so that such limits
                                                post all comments on the Commission’s                     ICE Clear Europe’s End-of-Day Price                    apply on a group level to affiliated
                                                Internet Web site (http://www.sec.gov/                    Discovery Policy (‘‘EOD Price Discovery                Clearing Members, or ‘‘CP affiliate
                                                rules/sro.shtml). Copies of the                           Policy’’) (1) to change the calculation of             group’’ level, rather than at the
                                                submission, all subsequent                                firm trade notional limits with respect                individual Clearing Member level. A CP
                                                amendments, all written statements                        to single-name credit default swap                     affiliate group consists of all CDS
                                                with respect to the proposed rule                         (‘‘CDS’’) contracts; (2) to update                     Clearing Members that own, are owned,
                                                change that are filed with the                            references to ICE Clear Europe’s                       or are under common ownership with
                                                Commission, and all written                               Clearing Risk Department, head of                      other CDS Clearing Members.8
                                                communications relating to the                            clearing risk, and other relevant risk                    ICE Clear Europe believes that such
                                                proposed rule change between the                          personnel, and to add references to ICE                an approach is appropriate because an
                                                Commission and any person, other than                     Clear Europe’s risk appetite, related risk             affiliate group may have multiple CDS
                                                those that may be withheld from the                       metrics, and model validation and                      Clearing Members, which, in the
                                                public in accordance with the                             review policies; and (3) to amend ICE                  absence of the proposed amendments,
                                                provisions of 5 U.S.C. 552, will be                       Clear Europe’s Price Submission                        could result in a group-wide limit being
                                                available for Web site viewing and                        Disciplinary Framework with respect to                 multiples of the single entity notional
                                                                                                          the imposition of fines associated with                limit.9
                                                printing in the Commission’s Public
                                                                                                          missed price submissions. The proposed                    In addition to the changes to the firm
                                                Reference Room, 100 F Street NE.,
                                                                                                          rule change was published for comment                  trade notional limits, ICE Clear Europe
                                                Washington, DC 20549, on official                         in the Federal Register on May 15,
                                                business days between the hours of                                                                               also proposed changes to the EOD Price
                                                                                                          2017.3 The Commission received no                      Discovery Policy to update references to
                                                10:00 a.m. and 3:00 p.m. Copies of such                   comment letters regarding the proposed
                                                filing will also be available for                                                                                ICE Clear Europe’s Clearing Risk
                                                                                                          rule change. For the reasons discussed                 department and Head of Clearing Risk,
                                                inspection and copying at the principal                   below, the Commission is approving the                 as well as to certain other risk
                                                office of the Exchange. All comments                      proposed rule change.                                  personnel.10
                                                received will be posted without change;                                                                             Other proposed changes to the EOD
                                                the Commission does not edit personal                     II. Description of Proposed Rule Change
                                                                                                                                                                 Price Discovery Policy include adding
                                                identifying information from                                 ICE Clear Europe proposed changes to                background information regarding
                                                submissions. You should submit only                       its EOD Price Discovery Policy with                    standards relating to ICE Clear Europe’s
                                                information that you wish to make                         respect to the calculation of firm trade               risk appetite, and related metrics and
                                                available publicly. All submissions                       notional limits for single-name CDS.                   limits. Additionally, ICE Clear Europe
                                                should refer to File Number SR–                           Under its current EOD Price Discovery                  proposed to amend the EOD Price
                                                BatsBZX–201–43 and should be                              Policy, ICE Clear Europe requires CDS                  Discovery Policy to include additional
                                                submitted on or before July 24, 2017.                     Clearing Members 4 to submit end-of-                   procedures relating to model validation
                                                                                                          day prices with respect to instruments                 and policy review. Under these
                                                  For the Commission, by the Division of                  relating to a Clearing Member’s open
                                                Trading and Markets, pursuant to delegated                                                                       amendments, the underlying models
                                                                                                          interest. Based on these Clearing                      used to support the EOD Price
                                                authority.14                                              Member price submissions, ICE Clear
                                                Robert W. Errett,
                                                                                                                                                                 Discovery Policy will be subject to an
                                                                                                          Europe calculates CDS end-of-day price                 annual independent validation, and,
sradovich on DSK3GMQ082PROD with NOTICES




                                                Deputy Secretary.                                                                                                pursuant to its terms of reference, the
                                                                                                            1 15 U.S.C. 78s(b)(1).
                                                [FR Doc. 2017–13901 Filed 6–30–17; 8:45 am]
                                                                                                            2 17 CFR 240.19b–4.
                                                BILLING CODE 8011–01–P                                                                                             5 Notice,   82 FR at 22358.
                                                                                                            3 Securities Exchange Act Release No. 34–80631
                                                                                                                                                                   6 Id.
                                                                                                          (May 9, 2017), 82 FR 22357 (May 15, 2017) (SR–
                                                                                                                                                                   7 Id.
                                                                                                          ICEEU–2017–006) (‘‘Notice’’).
                                                                                                            4 Capitalized terms used in this order, but not        8 Id.
                                                                                                                                                                   9 Id.
                                                                                                          defined herein, have the same meaning as in the
                                                  14 17   CFR 200.30–3(a)(12).                            ICE Clear Europe Clearing Rules.                         10 Id.




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Document Created: 2018-11-14 10:18:59
Document Modified: 2018-11-14 10:18:59
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 30916 

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