82_FR_37287 82 FR 37136 - Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Fees for Use of Bats EDGX Exchange, Inc. and Bats EDGX Exchange, Inc.'s Equity Options Platform

82 FR 37136 - Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Fees for Use of Bats EDGX Exchange, Inc. and Bats EDGX Exchange, Inc.'s Equity Options Platform

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 151 (August 8, 2017)

Page Range37136-37138
FR Document2017-16636

Federal Register, Volume 82 Issue 151 (Tuesday, August 8, 2017)
[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Notices]
[Pages 37136-37138]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16636]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81290; File No. SR-BatsEDGX-2017-31]


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

August 2, 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 July 24, 2017, Bats EDGX Exchange, Inc. (the ``Exchange'' or 
``EDGX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II 
and III below, which Items have been prepared by the Exchange. The 
Exchange has designated the proposed rule change as one establishing or 
changing a member due, fee, or other charge imposed by the Exchange 
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) 
thereunder,\4\ which renders the proposed rule change effective upon 
filing with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable 
to Members \5\ and non-Members of the

[[Page 37137]]

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

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

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

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

1. Purpose
    The Exchange proposes to amend its fee schedule applicable to its 
equities trading platform (``EDGX Equities'') and its equity options 
trading platform (``EDGX Options'') to re-name NYSE MKT as NYSE 
American throughout the fee schedule.
    The Exchange also proposes to modify fees applicable to EDGX 
Equities for orders routed to NYSE American in connection with changes 
made by NYSE American to its fee structure. As of July 24, 2017, NYSE 
American transitioned to a fully automated cash equities market. In 
connection with this transition, NYSE American updated its fee 
structure in a variety of ways, including to charge a fee to add non-
displayed liquidity and to provide no rebate (nor charge any fee) to 
add displayed liquidity.\6\
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    \6\ See SR-NYSEMKT-2017-43 (filed July 19, 2017), available at: 
https://www.nyse.com/regulation/rule-filings?market=NYSE.
---------------------------------------------------------------------------

    The Exchange proposes to modify the fee structure for orders that 
are routed to and add liquidity at NYSE American, which yielded fee 
code 8 for displayed liquidity and fee code NA for non-displayed 
liquidity. Orders yielding fee code 8 previously received a rebate of 
$0.00150 per share and orders yielding fee code NA were not provided a 
rebate or charged any fee.
    The Exchange proposes to continue to apply fee code 8 to orders 
that add displayed liquidity at NYSE American but to change the rate 
from a rebate to a fee, charging orders that yield fee code 8 a fee of 
$0.00020 per share.
    The Exchange also proposes to remove NYSE American (previously NYSE 
MKT) from the list of venues where an order that adds non-displayed 
liquidity yields fee code NA. The Exchange does not propose to modify 
the rate applied to orders yielding fee code NA, but, as a result of 
this change, orders adding non-displayed liquidity at NYSE American 
will yield fee code NB instead, which is applied to all routed 
executions at an exchange not covered by Fee Code NA that adds non-
displayed liquidity. Similarly, the Exchange does not propose to modify 
the rate applied to orders yielding fee code NB, which is currently a 
fee of $0.00300 per share.
    The Exchange notes that the changes proposed above will not impact 
the current fee structure for orders that add displayed liquidity at 
NYSE American in securities priced below $1.00, which, pursuant to fee 
code 8 are provided without charge and without rebate. However, the 
proposed change to remove NYSE American from fee code NA will impact 
pricing for non-displayed orders routed to NYSE American that add 
liquidity. Specifically, consistent with other orders yielding fee code 
NB, orders in securities priced below $1.00 will be charged 0.30% of 
the total dollar value of an execution.
Implementation Date
    The Exchange proposes to implement the above changes to its fee 
schedule immediately.
2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent 
with the objectives of Section 6 of the Act,\7\ in general, and 
furthers the objectives of Section 6(b)(4),\8\ 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. At the outset, the Exchange notes that its proposal to 
refer to NYSE American is consistent with the Act as it will avoid 
confusion with the Exchange's fee schedule by reflecting NYSE MKT's new 
name. The Exchange also notes that it operates in a highly-competitive 
market in which market participants can readily direct order flow to 
competing venues if they deem fee levels at a particular venue to be 
excessive or incentives to be insufficient. The proposed rule changes 
are designed to react to pricing changes at NYSE American, to avoid 
subsidizing routing to such venue. Furthermore, the Exchange notes that 
routing through the Exchange's affiliate, Bats Trading, Inc. is 
voluntary.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
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    The changes to fee code 8 and to remove NYSE American (NYSE MKT) 
from fee code NA are primarily to designed to react to pricing changes 
at NYSE American, effective July 24, 2017. These changes are necessary 
to avoid providing routing services with pricing that effectively 
subsidizes routing to NYSE American. The Exchange's prior pricing model 
for orders routed to NYSE American was based on a fee structure that 
provided rebates for orders that added liquidity. The Exchange believes 
it is reasonable and fair and equitable to charge fees for orders 
routed to NYSE American that no longer receive a rebate but instead are 
either assessed a fee by NYSE American or are provided free of charge. 
The Exchange also believes the proposed rates are reasonable and not 
unfairly discriminatory in that they are consistent with other rates 
already charged by the Exchange. Finally, the Exchange believes the 
proposed changes are not unfairly discriminatory in that they are 
equally applicable to all Members that use the Exchange's routing 
services to add liquidity at NYSE American.

(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. 
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 unsolicited written comments from Members or other interested 
parties.

[[Page 37138]]

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 \9\ and paragraph (f) of Rule 19b-4 
thereunder.\10\ At any time within 60 days of the filing of the 
proposed rule change, the Commission summarily may temporarily suspend 
such rule change if it appears to the Commission that such action is 
necessary or appropriate in the public interest, for the protection of 
investors, or otherwise in furtherance of the purposes of the Act.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposal 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 rule-comments@sec.gov. Please include 
File Number SR-BatsEDGX-2017-31 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BatsEDGX-2017-31. 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-BatsEDGX-2017-31 and should 
be submitted on or before August 29, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-16636 Filed 8-7-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                    37136                         Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices

                                                       The changes to fee code 8 and to                     of the Act 9 and paragraph (f) of Rule                   submissions. You should submit only
                                                    remove NYSE American (NYSE MKT)                         19b-4 thereunder.10 At any time within                   information that you wish to make
                                                    from fee code NA are primarily to                       60 days of the filing of the proposed rule               available publicly. All submissions
                                                    designed to react to pricing changes at                 change, the Commission summarily may                     should refer to File Number SR–
                                                    NYSE American, effective July 24, 2017.                 temporarily suspend such rule change if                  BatsBZX–2017–47 and should be
                                                    These changes are necessary to avoid                    it appears to the Commission that such                   submitted on or before August 29, 2017.
                                                    providing routing services with pricing                 action is necessary or appropriate in the                  For the Commission, by the Division of
                                                    that effectively subsidizes routing to                  public interest, for the protection of                   Trading and Markets, pursuant to delegated
                                                    NYSE American. The Exchange’s prior                     investors, or otherwise in furtherance of                authority.11
                                                    pricing model for orders routed to NYSE                 the purposes of the Act.                                 Eduardo A. Aleman,
                                                    American was based on a fee structure                   IV. Solicitation of Comments                             Assistant Secretary.
                                                    that provided rebates for orders that                                                                            [FR Doc. 2017–16635 Filed 8–7–17; 8:45 am]
                                                    added liquidity. The Exchange believes                    Interested persons are invited to
                                                    it is reasonable and fair and equitable to              submit written data, views and                           BILLING CODE 8011–01–P

                                                    charge fees for orders routed to NYSE                   arguments concerning the foregoing,
                                                    American that no longer receive a rebate                including whether the proposal is
                                                                                                            consistent with the Act. Comments may                    SECURITIES AND EXCHANGE
                                                    but instead are either assessed a fee by                                                                         COMMISSION
                                                    NYSE American or are provided free of                   be submitted by any of the following
                                                    charge. The Exchange also believes the                  methods:
                                                                                                                                                                     [Release No. 34–81290; File No. SR–
                                                    proposed rates are reasonable and not                   Electronic Comments                                      BatsEDGX–2017–31]
                                                    unfairly discriminatory in that they are
                                                                                                              • Use the Commission’s Internet
                                                    consistent with other rates already                                                                              Self-Regulatory Organizations; Bats
                                                                                                            comment form (http://www.sec.gov/
                                                    charged by the Exchange. Finally, the                                                                            EDGX Exchange, Inc.; Notice of Filing
                                                                                                            rules/sro.shtml); or
                                                    Exchange believes the proposed changes                    • Send an email to rule-comments@                      and Immediate Effectiveness of a
                                                    are not unfairly discriminatory in that                 sec.gov. Please include File Number SR–                  Proposed Rule Change to Fees for Use
                                                    they are equally applicable to all                      BatsBZX–2017–47 on the subject line.                     of Bats EDGX Exchange, Inc. and Bats
                                                    Members that use the Exchange’s                                                                                  EDGX Exchange, Inc.’s Equity Options
                                                    routing services to add liquidity at                    Paper Comments                                           Platform
                                                    NYSE American.                                             • Send paper comments in triplicate
                                                                                                            to Secretary, Securities and Exchange                    August 2, 2017.
                                                    (B) Self-Regulatory Organization’s
                                                    Statement on Burden on Competition                      Commission, 100 F Street NE.,                               Pursuant to Section 19(b)(1) of the
                                                                                                            Washington, DC 20549–1090.                               Securities Exchange Act of 1934 (the
                                                      The Exchange does not believe that                    All submissions should refer to File                     ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    the proposed rule change will impose                    Number SR–BatsBZX–2017–47. This file                     notice is hereby given that on July 24,
                                                    any burden on competition not                           number should be included on the                         2017, Bats EDGX Exchange, Inc. (the
                                                    necessary or appropriate in furtherance                 subject line if email is used. To help the               ‘‘Exchange’’ or ‘‘EDGX’’) filed with the
                                                    of the purposes of the Act. The                         Commission process and review your                       Securities and Exchange Commission
                                                    Exchange does not believe that any of                   comments more efficiently, please use                    (‘‘Commission’’) the proposed rule
                                                    the proposed changes to the Exchange’s                  only one method. The Commission will                     change as described in Items I, II and III
                                                    routing pricing burden competition, as                  post all comments on the Commission’s                    below, which Items have been prepared
                                                    they are based on the pricing on other                  Internet Web site (http://www.sec.gov/                   by the Exchange. The Exchange has
                                                    venues. The Exchange notes that it                      rules/sro.shtml). Copies of the                          designated the proposed rule change as
                                                    operates in a highly competitive market                 submission, all subsequent                               one establishing or changing a member
                                                    in which market participants can                        amendments, all written statements                       due, fee, or other charge imposed by the
                                                    readily direct order flow to competing                  with respect to the proposed rule                        Exchange under Section 19(b)(3)(A)(ii)
                                                    venues if they deem fee structures to be                change that are filed with the                           of the Act 3 and Rule 19b–4(f)(2)
                                                    unreasonable or excessive. The                          Commission, and all written                              thereunder,4 which renders the
                                                    Exchange does not believe the proposed                  communications relating to the                           proposed rule change effective upon
                                                    amendments would burden intramarket                     proposed rule change between the                         filing with the Commission. The
                                                    competition as they would be available                  Commission and any person, other than                    Commission is publishing this notice to
                                                    to all Members uniformly.                               those that may be withheld from the                      solicit comments on the proposed rule
                                                    (C) Self-Regulatory Organization’s                      public in accordance with the                            change from interested persons.
                                                    Statement on Comments on the                            provisions of 5 U.S.C. 552, will be                      I. Self-Regulatory Organization’s
                                                    Proposed Rule Change Received From                      available for Web site viewing and                       Statement of the Terms of Substance of
                                                    Members, Participants or Others                         printing in the Commission’s Public                      the Proposed Rule Change
                                                                                                            Reference Room, 100 F Street NE.,
                                                      The Exchange has not solicited, and                   Washington, DC 20549, on official                          The Exchange filed a proposal to
                                                    does not intend to solicit, comments on                 business days between the hours of                       amend the fee schedule applicable to
                                                    this proposed rule change. The                          10:00 a.m. and 3:00 p.m. Copies of such                  Members 5 and non-Members of the
                                                    Exchange has not received any
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            filing will also be available for
                                                    unsolicited written comments from                       inspection and copying at the principal                    11 17 CFR 200.30–3(a)(12).
                                                    Members or other interested parties.                    office of the Exchange. All comments                       1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                       2 17 CFR 240.19b–4.
                                                    III. Date of Effectiveness of the                       received will be posted without change;
                                                                                                                                                                       3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                    Proposed Rule Change and Timing for                     the Commission does not edit personal                      4 17 CFR 240.19b–4(f)(2).
                                                    Commission Action                                       identifying information from                               5 The term ‘‘Member’’ is defined as ‘‘any

                                                                                                                                                                     registered broker or dealer that has been admitted
                                                       The foregoing rule change has become                   9 15   U.S.C. 78s(b)(3)(A).                            to membership in the Exchange.’’ See Exchange
                                                    effective pursuant to Section 19(b)(3)(A)                 10 17   CFR 240.19b–4(f).                              Rule 1.5(n).



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                                                                                  Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices                                              37137

                                                    Exchange pursuant to EDGX Rules                         a fee, charging orders that yield fee code              are designed to react to pricing changes
                                                    15.1(a) and (c).                                        8 a fee of $0.00020 per share.                          at NYSE American, to avoid subsidizing
                                                       The text of the proposed rule change                    The Exchange also proposes to                        routing to such venue. Furthermore, the
                                                    is available at the Exchange’s Web site                 remove NYSE American (previously                        Exchange notes that routing through the
                                                    at www.bats.com, at the principal office                NYSE MKT) from the list of venues                       Exchange’s affiliate, Bats Trading, Inc. is
                                                    of the Exchange, and at the                             where an order that adds non-displayed                  voluntary.
                                                    Commission’s Public Reference Room.                     liquidity yields fee code NA. The                          The changes to fee code 8 and to
                                                                                                            Exchange does not propose to modify                     remove NYSE American (NYSE MKT)
                                                    II. Self-Regulatory Organization’s
                                                                                                            the rate applied to orders yielding fee                 from fee code NA are primarily to
                                                    Statement of the Purpose of, and
                                                                                                            code NA, but, as a result of this change,               designed to react to pricing changes at
                                                    Statutory Basis for, the Proposed Rule
                                                                                                            orders adding non-displayed liquidity at                NYSE American, effective July 24, 2017.
                                                    Change
                                                                                                            NYSE American will yield fee code NB                    These changes are necessary to avoid
                                                       In its filing with the Commission, the               instead, which is applied to all routed                 providing routing services with pricing
                                                    Exchange included statements                            executions at an exchange not covered                   that effectively subsidizes routing to
                                                    concerning the purpose of and basis for                 by Fee Code NA that adds non-                           NYSE American. The Exchange’s prior
                                                    the proposed rule change and discussed                  displayed liquidity. Similarly, the                     pricing model for orders routed to NYSE
                                                    any comments it received on the                         Exchange does not propose to modify                     American was based on a fee structure
                                                    proposed rule change. The text of these                 the rate applied to orders yielding fee                 that provided rebates for orders that
                                                    statements may be examined at the                       code NB, which is currently a fee of                    added liquidity. The Exchange believes
                                                    places specified in Item IV below. The                  $0.00300 per share.                                     it is reasonable and fair and equitable to
                                                    Exchange has prepared summaries, set                       The Exchange notes that the changes                  charge fees for orders routed to NYSE
                                                    forth in Sections A, B, and C below, of                 proposed above will not impact the                      American that no longer receive a rebate
                                                    the most significant parts of such                      current fee structure for orders that add               but instead are either assessed a fee by
                                                    statements.                                             displayed liquidity at NYSE American                    NYSE American or are provided free of
                                                    (A) Self-Regulatory Organization’s                      in securities priced below $1.00, which,                charge. The Exchange also believes the
                                                    Statement of the Purpose of, and                        pursuant to fee code 8 are provided                     proposed rates are reasonable and not
                                                    Statutory Basis for, the Proposed Rule                  without charge and without rebate.                      unfairly discriminatory in that they are
                                                    Change                                                  However, the proposed change to                         consistent with other rates already
                                                                                                            remove NYSE American from fee code                      charged by the Exchange. Finally, the
                                                    1. Purpose                                              NA will impact pricing for non-                         Exchange believes the proposed changes
                                                       The Exchange proposes to amend its                   displayed orders routed to NYSE                         are not unfairly discriminatory in that
                                                    fee schedule applicable to its equities                 American that add liquidity.                            they are equally applicable to all
                                                    trading platform (‘‘EDGX Equities’’) and                Specifically, consistent with other                     Members that use the Exchange’s
                                                    its equity options trading platform                     orders yielding fee code NB, orders in                  routing services to add liquidity at
                                                    (‘‘EDGX Options’’) to re-name NYSE                      securities priced below $1.00 will be                   NYSE American.
                                                    MKT as NYSE American throughout the                     charged 0.30% of the total dollar value
                                                    fee schedule.                                           of an execution.                                        (B) Self-Regulatory Organization’s
                                                       The Exchange also proposes to modify                                                                         Statement on Burden on Competition
                                                                                                            Implementation Date
                                                    fees applicable to EDGX Equities for                                                                              The Exchange does not believe that
                                                    orders routed to NYSE American in                         The Exchange proposes to implement
                                                                                                            the above changes to its fee schedule                   the proposed rule change will impose
                                                    connection with changes made by NYSE                                                                            any burden on competition not
                                                    American to its fee structure. As of July               immediately.
                                                                                                                                                                    necessary or appropriate in furtherance
                                                    24, 2017, NYSE American transitioned                    2. Statutory Basis                                      of the purposes of the Act. The
                                                    to a fully automated cash equities                                                                              Exchange does not believe that any of
                                                                                                               The Exchange believes that the
                                                    market. In connection with this                                                                                 the proposed changes to the Exchange’s
                                                                                                            proposed rule changes are consistent
                                                    transition, NYSE American updated its                                                                           routing pricing burden competition, as
                                                                                                            with the objectives of Section 6 of the
                                                    fee structure in a variety of ways,                                                                             they are based on the pricing on other
                                                                                                            Act,7 in general, and furthers the
                                                    including to charge a fee to add non-                                                                           venues. The Exchange notes that it
                                                                                                            objectives of Section 6(b)(4),8 in
                                                    displayed liquidity and to provide no                                                                           operates in a highly competitive market
                                                                                                            particular, as it is designed to provide
                                                    rebate (nor charge any fee) to add                                                                              in which market participants can
                                                                                                            for the equitable allocation of reasonable
                                                    displayed liquidity.6                                                                                           readily direct order flow to competing
                                                       The Exchange proposes to modify the                  dues, fees and other charges among its
                                                                                                            Members and other persons using its                     venues if they deem fee structures to be
                                                    fee structure for orders that are routed                                                                        unreasonable or excessive. The
                                                    to and add liquidity at NYSE American,                  facilities. At the outset, the Exchange
                                                                                                            notes that its proposal to refer to NYSE                Exchange does not believe the proposed
                                                    which yielded fee code 8 for displayed                                                                          amendments would burden intramarket
                                                    liquidity and fee code NA for non-                      American is consistent with the Act as
                                                                                                            it will avoid confusion with the                        competition as they would be available
                                                    displayed liquidity. Orders yielding fee                                                                        to all Members uniformly.
                                                    code 8 previously received a rebate of                  Exchange’s fee schedule by reflecting
                                                    $0.00150 per share and orders yielding                  NYSE MKT’s new name. The Exchange                       (C) Self-Regulatory Organization’s
                                                    fee code NA were not provided a rebate                  also notes that it operates in a highly-                Statement on Comments on the
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    or charged any fee.                                     competitive market in which market                      Proposed Rule Change Received From
                                                       The Exchange proposes to continue to                 participants can readily direct order                   Members, Participants or Others
                                                    apply fee code 8 to orders that add                     flow to competing venues if they deem
                                                                                                            fee levels at a particular venue to be                    The Exchange has not solicited, and
                                                    displayed liquidity at NYSE American
                                                                                                            excessive or incentives to be                           does not intend to solicit, comments on
                                                    but to change the rate from a rebate to
                                                                                                            insufficient. The proposed rule changes                 this proposed rule change. The
                                                      6 See SR–NYSEMKT–2017–43 (filed July 19,                                                                      Exchange has not received any
                                                    2017), available at: https://www.nyse.com/                7 15   U.S.C. 78f.                                    unsolicited written comments from
                                                    regulation/rule-filings?market=NYSE.                      8 15   U.S.C. 78f(b)(4).                              Members or other interested parties.


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                                                    37138                            Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices

                                                    III. Date of Effectiveness of the                          inspection and copying at the principal               the Commission instituted proceedings
                                                    Proposed Rule Change and Timing for                        office of the Exchange. All comments                  under Section 19(b)(2)(B) of the Act 6 to
                                                    Commission Action                                          received will be posted without change;               determine whether to approve or
                                                       The foregoing rule change has become                    the Commission does not edit personal                 disapprove the proposed rule change, as
                                                    effective pursuant to Section 19(b)(3)(A)                  identifying information from                          modified by Amendment No. 1.7 On
                                                    of the Act 9 and paragraph (f) of Rule                     submissions. You should submit only                   July 25, 2017, the Exchange filed
                                                    19b–4 thereunder.10 At any time within                     information that you wish to make                     Amendment No. 2 to the proposed rule
                                                    60 days of the filing of the proposed rule                 available publicly. All submissions                   change.8 The Commission received
                                                    change, the Commission summarily may                       should refer to File Number SR–                       three comment letters on the proposed
                                                    temporarily suspend such rule change if                    BatsEDGX–2017–31 and should be                        rule change, including two from the
                                                    it appears to the Commission that such                     submitted on or before August 29, 2017.               Exchange.9 The Commission is
                                                    action is necessary or appropriate in the                    For the Commission, by the Division of              approving the proposed rule change, as
                                                    public interest, for the protection of                     Trading and Markets, pursuant to delegated            modified by Amendment Nos. 1 and 2,
                                                    investors, or otherwise in furtherance of                  authority.11                                          subject to a pilot period set to end on
                                                    the purposes of the Act.                                   Eduardo A. Aleman,                                    the earlier of: (1) Twelve months
                                                                                                               Assistant Secretary.                                  following the date of the first listing of
                                                    IV. Solicitation of Comments                                                                                     the options; or (2) December 29, 2018.
                                                                                                               [FR Doc. 2017–16636 Filed 8–7–17; 8:45 am]
                                                      Interested persons are invited to                                                                              II. Description of the Proposal, as
                                                                                                               BILLING CODE 8011–01–P
                                                    submit written data, views and                                                                                   Modified by Amendment Nos. 1 and 2
                                                    arguments concerning the foregoing,
                                                    including whether the proposal is                                                                                   The Exchange is proposing to amend
                                                                                                               SECURITIES AND EXCHANGE                               its rules to permit the listing and
                                                    consistent with the Act. Comments may                      COMMISSION
                                                    be submitted by any of the following                                                                             trading, on a pilot basis, of NASDAQ–
                                                    methods:                                                   [Release No. 34–81293; File No. SR–Phlx–              100 options with third-Friday-of-the-
                                                                                                               2017–04]                                              month expiration dates, whose exercise
                                                    Electronic Comments                                                                                              settlement value will be based on the
                                                      • Use the Commission’s Internet                          Self-Regulatory Organizations;                        closing index value, symbol XQC, of the
                                                    comment form (http://www.sec.gov/                          NASDAQ PHLX LLC; Order Granting                       NASDAQ–100 on the expiration day
                                                    rules/sro.shtml); or                                       Approval of a Proposed Rule Change,                   (‘‘P.M.-settled’’).
                                                      • Send an email to rule-comments@                        as Modified by Amendment Nos. 1 and                      The Exchange represents that the
                                                    sec.gov. Please include File Number SR–                    2, To Permit the Listing and Trading of               conditions for listing the proposed
                                                    BatsEDGX–2017–31 on the subject line.                      P.M.-Settled NASDAQ–100 Index®                        contract (‘‘NDXPM’’) on Phlx will be
                                                                                                               Options on a Pilot Basis                              similar to those for Full Value Nasdaq
                                                    Paper Comments                                                                                                   100 Options (‘‘NDX’’), which are already
                                                                                                               August 2, 2017.
                                                       • Send paper comments in triplicate                                                                           listed and trading on Phlx, except that
                                                    to Secretary, Securities and Exchange                      I. Introduction                                       NDXPM will be P.M.-settled.10 In
                                                    Commission, 100 F Street NE.,                                 On January 18, 2017, NASDAQ PHLX                   particular, NDXPM will use a $100
                                                    Washington, DC 20549–1090.                                 LLC (‘‘Phlx’’ or ‘‘Exchange’’) filed with             multiplier, and the minimum trading
                                                    All submissions should refer to File                       the Securities and Exchange
                                                    Number SR–BatsEDGX–2017–31. This                                                                                 measured by an appropriate index as agreed by the
                                                                                                               Commission (‘‘Commission’’), pursuant                 Commission and the Exchange, would be provided
                                                    file number should be included on the                      to Section 19(b)(1) of the Securities                 as part of the pilot data. When the Exchange filed
                                                    subject line if email is used. To help the                 Exchange Act of 1934 (‘‘Act’’),1 and                  Amendment No. 1 with the Commission, it also
                                                    Commission process and review your                         Rule 19b–4 thereunder,2 a proposed rule               submitted Amendment No. 1 to the public comment
                                                    comments more efficiently, please use                                                                            file for SR–Phlx–2017–04 (available at:
                                                                                                               change to permit the listing and trading              www.sec.gov/comments/sr-phlx-2017-04/
                                                    only one method. The Commission will                       of P.M.-settled NASDAQ–100 Index®                     phlx201704.htm).
                                                    post all comments on the Commission’s                      (‘‘NASDAQ–100’’) options on a pilot                      6 15 U.S.C. 78s(b)(2)(B).

                                                    Internet Web site (http://www.sec.gov/                     basis. The proposed rule change was                      7 See Securities Exchange Act Release No. 80581,

                                                    rules/sro.shtml). Copies of the                            published for comment in the Federal                  82 FR 21587 (May 9, 2017) (‘‘Order Instituting
                                                    submission, all subsequent                                                                                       Proceedings’’).
                                                                                                               Register on February 3, 2017.3 On                        8 In Amendment No. 2, the Exchange revised the
                                                    amendments, all written statements                         March 14, 2017, the Commission                        proposed duration of the pilot program such that
                                                    with respect to the proposed rule                          extended the time period within which                 the pilot would terminate on the earlier of: (i)
                                                    change that are filed with the                             to approve the proposed rule change,                  Twelve months following the date of the first listing
                                                    Commission, and all written                                                                                      of the options; or (ii) December 29, 2018. When the
                                                                                                               disapprove the proposed rule change, or               Exchange filed Amendment No. 2 with the
                                                    communications relating to the
                                                                                                               institute proceedings to determine                    Commission, it also submitted Amendment No. 2 to
                                                    proposed rule change between the                                                                                 the public comment file for SR–Phlx–2017–04
                                                                                                               whether to disapprove the proposed
                                                    Commission and any person, other than                                                                            (available at: www.sec.gov/comments/sr-phlx-2017-
                                                                                                               rule change.4 On May 2, 2017, the                     04/phlx201704.htm). Because Amendment No. 2
                                                    those that may be withheld from the
                                                                                                               Exchange filed Amendment No. 1 to the                 does not materially alter the substance of the
                                                    public in accordance with the
                                                                                                               proposed rule change.5 On May 3, 2017,                proposed rule change or raise unique or novel
                                                    provisions of 5 U.S.C. 552, will be                                                                              regulatory issues, it is not subject to notice and
                                                    available for Web site viewing and                           11 17  CFR 200.30–3(a)(12).
                                                                                                                                                                     comment.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                        9 See Letters to Brent J. Fields, Secretary,
                                                    printing in the Commission’s Public                          1 15  U.S.C. 78s(b)(1).
                                                                                                                                                                     Commission, from Laura G. Dickman, Lead
                                                    Reference Room, 100 F Street NE.,                             2 17 CFR 240.19b–4.
                                                                                                                                                                     Counsel, Chicago Board Options Exchange,
                                                    Washington, DC 20549, on official                             3 See Securities Exchange Act Release No. 79894
                                                                                                                                                                     Incorporated (‘‘CBOE’’), dated May 30, 2017
                                                    business days between the hours of                         (January 30, 2017), 82 FR 9259 (‘‘Notice’’).          (‘‘CBOE Letter’’); Jeffrey S. Davis, Vice President
                                                                                                                  4 See Securities Exchange Act Release No. 80241,
                                                    10:00 a.m. and 3:00 p.m. Copies of such                                                                          and Deputy General Counsel, NASDAQ PHLX LLC,
                                                                                                               82 FR 14393 (March 20, 2017).                         dated June 12, 2017 (‘‘Phlx Letter I’’); and Jeffrey
                                                    filing will also be available for                             5 In Amendment No. 1, the Exchange revised its     S. Davis, Vice President and Deputy General
                                                                                                               proposal to add that raw percentage price change      Counsel, NASDAQ PHLX LLC, dated June 29, 2017
                                                      9 15   U.S.C. 78s(b)(3)(A).                                                                                    (‘‘Phlx Letter II’’).
                                                                                                               data as well as percentage price change data
                                                      10 17   CFR 240.19b–4(f).                                normalized for prevailing market volatility, as          10 See Notice, supra note 3, at 9260.




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Document Created: 2017-08-08 00:18:06
Document Modified: 2017-08-08 00:18:06
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 37136 

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