82_FR_37625 82 FR 37472 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use on Bats BZX Exchange, Inc.'s Options Platform

82 FR 37472 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use on Bats BZX Exchange, Inc.'s Options Platform

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 153 (August 10, 2017)

Page Range37472-37474
FR Document2017-16931

Federal Register, Volume 82 Issue 153 (Thursday, August 10, 2017)
[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Notices]
[Pages 37472-37474]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16931]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81328; File No. SR-BatsBZX-2017-51]


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

August 7, 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 31, 2017, Bats BZX Exchange, Inc. (the ``Exchange'' or 
``BZX'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II 
and III below, which Items have been prepared by the Exchange. The 
Exchange has designated the proposed rule change as one establishing or 
changing a member due, fee, or other charge imposed by the Exchange 
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) 
thereunder,\4\ which renders the proposed rule change effective upon 
filing with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

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

    \5\ The term ``Member'' is defined as ``any registered broker or 
dealer that has been admitted to membership in the Exchange.'' See 
Exchange Rule 1.5(n).
---------------------------------------------------------------------------

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

[[Page 37473]]

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

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

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

1. Purpose
    The Exchange proposes to amend its fee schedule for its equity 
options platform (``BZX Options'') to modify the qualification criteria 
of Tier 2 of the Firm,\6\ Broker Dealer \7\ and Joint Back Office \8\ 
Non-Penny Pilot \9\ Add Volume Tiers under footnote 8.
---------------------------------------------------------------------------

    \6\ ``Firm'' applies to any transaction identified by a Member 
for clearing in the Firm range at the OCC, excluding any Joint Back 
Office transaction. See the Exchange's fee schedule available at 
http://www.bats.com/us/options/membership/fee_schedule/bzx/.
    \7\ ``Broker Dealer'' applies to any order for the account of a 
broker dealer, including a foreign broker dealer, that clears in the 
Customer range at the Options Clearing Corporation (``OCC''). Id.
    \8\ ``Joint Back Office'' applies to any transaction identified 
by a Member for clearing in the Firm range at the OCC that is 
identified with an origin code as Joint Back Office. A Joint Back 
Office participant is a Member that maintains a Joint Back Office 
arrangement with a clearing broker-dealer. Id.
    \9\ ``Penny Pilot Securities'' are those issues quoted pursuant 
to Exchange Rule 21.5, Interpretation and Policy .01. Id. ``Non-
Penny Pilot'' refers to all other issues.
---------------------------------------------------------------------------

    The Exchange currently offers three Firm, Broker Dealer and Joint 
Back Office Non-Penny Add Volume Tiers under footnote 8, which provide 
an enhanced rebate ranging from $0.33 to $0.82 per contract for 
qualifying orders that add liquidity in Non Penny Pilot Securities and 
yield fee code NF.\10\ The Exchange now proposes to modify Tier 2's 
required criteria.
---------------------------------------------------------------------------

    \10\ Fee code NF is appended to Firm, Broker Dealer and Joint 
Back Office orders in Non-Penny Pilot Securities that add liquidity. 
Orders that yield fee code NF are provided a standard rebate of 
$0.30 per contract. Id.
---------------------------------------------------------------------------

    Currently under Tier 2, a Member's orders that yield fee code NF 
receive an enhanced rebate of $0.53 per contract where the Member has 
an: (i) ADV \11\ greater than or equal to 3.00% of average OCV \12\; 
and (ii) ADAV \13\ in Market Maker \14\ orders greater than or equal to 
2.75% of average OCV. The Exchange proposes to modify the second prong 
of the qualification criteria to instead require an ADAV in Market 
Maker orders greater than or equal to 2.50% of average OCV. The 
Exchange does not propose any other changes to Tier 2. Accordingly, as 
amended, the Exchange proposes to provide an enhanced rebate of $0.53 
per contract for orders that yield fee code NF where the Member has an: 
(i) ADV greater than or equal to 3.00% of average OCV; and (ii) ADAV in 
Market Maker orders greater than or equal to 2.50% of average OCV.
---------------------------------------------------------------------------

    \11\ ``ADV'' means average daily volume calculated as the number 
of contracts added or removed, combined, per day. Id.
    \12\ ``OCV'' means the total equity and ETF options volume that 
clears in the Customer range at the Options Clearing Corporation 
(``OCC'') for the month for which the fees apply, excluding volume 
on any day that the Exchange experiences an Exchange System 
Disruption and on any day with a scheduled early market close. Id.
    \13\ ``ADAV'' means average daily added volume calculated as the 
number of contracts added per day. See the Exchange's fee schedule 
available at http://www.bats.com/us/options/membership/fee_schedule/bzx/.
    \14\ ``Market Maker'' applies to any transaction identified by a 
Member for clearing in the Market Maker range at the OCC, where such 
Member is registered with the Exchange as a Market Maker as defined 
in Rule 16.1(a)(37). Id.
---------------------------------------------------------------------------

Implementation Date
    The Exchange proposes to implement the above changes to its fee 
schedule on August 1, 2017.\15\
---------------------------------------------------------------------------

    \15\ The Exchange notes that is has already amended the Fee 
Schedule applicable to BZX Options for August 1, 2017, and thus, has 
not proposed to amend the date of the Fee Schedule. See SR-BatsBZX-
2017-48, available at http://www.bats.com/us/equities/regulation/rule_filings/bzx/.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent 
with the objectives of Section 6 of the Act,\16\ in general, and 
furthers the objectives of Section 6(b)(4),\17\ in particular, as it is 
designed to provide for the equitable allocation of reasonable dues, 
fees and other charges among its Members and other persons using its 
facilities. The Exchange believes that the proposed modification to the 
Exchange's tiered pricing structure is reasonable, fair and equitable, 
and non-discriminatory. The Exchange operates in a highly competitive 
market in which market participants may readily send order flow to many 
competing venues if they deem fees at the Exchange to be excessive or 
incentives provided to be insufficient. The proposed structure remains 
intended to attract order flow to the Exchange by offering market 
participants a competitive pricing structure. The Exchange believes it 
is reasonable to offer and incrementally modify incentives intended to 
help to contribute to the growth of the Exchange.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f.
    \17\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    Volume-based pricing structures such as that maintained by the 
Exchange have been widely adopted by exchanges, including the Exchange, 
and are equitable because they are open to all Members on an equal 
basis and provide additional benefits or discounts that are reasonably 
related to: (i) The value to an exchange's market quality; (ii) 
associated higher levels of market activity, such as higher levels of 
liquidity provisions and/or growth patterns; and (iii) introduction of 
higher volumes of orders into the price and volume discovery processes. 
In particular, the proposed change to footnote 8 is a minor change 
intended to make meeting Tier 2 more attainable, which, in turn, is 
intended to continue to incentivize Members to send increased order 
flow to the Exchange in an effort to qualify for the enhanced rebates 
made available by the tier. This increased order flow, in turn, 
contributes to the growth of the Exchange. The Exchange also believes 
the rebate associated with the tier is reasonable as it continues to 
reflect the difficulty in achieving the tier. These incentives remain 
reasonably related to the value to the Exchange's market quality 
associated with higher levels of market activity, including liquidity 
provision and the introduction of higher volumes of orders into the 
price and volume discovery processes. The proposed change to the tiered 
pricing structure is not unfairly discriminatory because it will apply 
equally to all Members.

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

    The Exchange believes the proposed amendment 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

[[Page 37474]]

the financial markets. The Exchange does not believe that the proposed 
change to the Exchange's tiered pricing structure burdens competition, 
but instead, enhances competition, as it is intended to increase the 
competitiveness of the Exchange.

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

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

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \18\ and paragraph (f) of Rule 19b-4 
thereunder.\19\ 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.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-BatsBZX-2017-51 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-2017-51. 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-2017-51 and should 
be submitted on or before August 31, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-16931 Filed 8-9-17; 8:45 am]
BILLING CODE 8011-01-P



                                                  37472                       Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Notices

                                                     • No Cost Overrun Policy Brief                       POSTAL SERVICE                                        are available at www.prc.gov, Docket
                                                       Report                                                                                                   Nos. MC2017–168, CP2017–261.
                                                     • Oversight for Major Research                       Product Change—Priority Mail
                                                                                                                                                                Stanley F. Mires,
                                                       Facilities                                         Negotiated Service Agreement
                                                                                                                                                                Attorney, Federal Compliance.
                                                  Committee on National Science and                       AGENCY: Postal ServiceTM.                             [FR Doc. 2017–16833 Filed 8–9–17; 8:45 am]
                                                  Engineering Policy (SEP)                                ACTION: Notice.                                       BILLING CODE 7710–12–P

                                                     Open session: 9:15–10:15 a.m.
                                                                                                          SUMMARY:    The Postal Service gives
                                                     • Committee Chair’s Opening
                                                                                                          notice of filing a request with the Postal
                                                       Remarks
                                                                                                          Regulatory Commission to add a                        SECURITIES AND EXCHANGE
                                                     • Approval of Prior Minutes
                                                                                                          domestic shipping services contract to                COMMISSION
                                                     • Discussion of S&E Indicators 2018                  the list of Negotiated Service
                                                       Draft ‘‘Orange Book’’ Feedback                     Agreements in the Mail Classification
                                                     • Update on Indicators 2018 Draft                    Schedule’s Competitive Products List.
                                                                                                                                                                [Release No. 34–81328; File No. SR–
                                                       ‘‘Digest’’ and ‘‘Overview of the State                                                                   BatsBZX–2017–51]
                                                       of the U.S. S&E Enterprise in a                    DATES: Date of notice required under 39
                                                                                                          U.S.C. 3642(d)(1): August 10, 2017.                   Self-Regulatory Organizations; Bats
                                                       Global Context’’                                                                                         BZX Exchange, Inc.; Notice of Filing
                                                     • Discussion on Policy Companion                     FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                and Immediate Effectiveness of a
                                                       Statements/Briefs to Indicators 2018               Elizabeth A. Reed, 202–268–3179.
                                                                                                                                                                Proposed Rule Change Related to Fees
                                                                                                          SUPPLEMENTARY INFORMATION: The                        for Use on Bats BZX Exchange, Inc.’s
                                                  Plenary Board
                                                                                                          United States Postal Service® hereby                  Options Platform
                                                  Closed session: 10:30–11:00 a.m.                        gives notice that, pursuant to 39 U.S.C.
                                                    • Board Chair’s Opening Remarks                       3642 and 3632(b)(3), on August 4, 2017,               August 7, 2017.
                                                    • Director’s Remarks                                  it filed with the Postal Regulatory                      Pursuant to Section 19(b)(1) of the
                                                    • Approval of Prior Minutes                           Commission a Request of the United                    Securities Exchange Act of 1934 (the
                                                    • Closed Committee Reports                            States Postal Service to Add Priority                 ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    • Vote: National High Magnetic Field                  Mail Contract 339 to Competitive                      notice is hereby given that on July 31,
                                                      Laboratory (NHMFL) Operations                       Product List. Documents are available at              2017, Bats BZX Exchange, Inc. (the
                                                    • Vote: National Ecological                           www.prc.gov, Docket Nos. MC2017–167,                  ‘‘Exchange’’ or ‘‘BZX’’) filed with the
                                                      Observatory Network (NEON)                          CP2017–260.                                           Securities and Exchange Commission
                                                      Proposal for Initial Operations and                 Stanley F. Mires,                                     (‘‘Commission’’) the proposed rule
                                                      Maintenance                                         Attorney, Federal Compliance.                         change as described in Items I, II and III
                                                    • Vote: NSF FY 2019 OMB Budget                                                                              below, which Items have been prepared
                                                                                                          [FR Doc. 2017–16834 Filed 8–9–17; 8:45 am]
                                                      Submission                                                                                                by the Exchange. The Exchange has
                                                                                                          BILLING CODE 7710–12–P
                                                  Plenary Board (Executive)                                                                                     designated the proposed rule change as
                                                                                                                                                                one establishing or changing a member
                                                  Closed session: 11:00–11:30 a.m.                                                                              due, fee, or other charge imposed by the
                                                                                                          POSTAL SERVICE
                                                    • Board Chair’s Opening Remarks                                                                             Exchange under Section 19(b)(3)(A)(ii)
                                                    • Approval of Prior Minutes                           Product Change—Priority Mail                          of the Act 3 and Rule 19b–4(f)(2)
                                                    • Director’s Remarks                                  Express, Priority Mail, & First-Class                 thereunder,4 which renders the
                                                    • Award Involving an NSB Member                       Package Service Negotiated Service                    proposed rule change effective upon
                                                                                                          Agreement                                             filing with the Commission. The
                                                  Plenary Board                                                                                                 Commission is publishing this notice to
                                                  Open Session: 1:00–2:30 p.m.                            AGENCY: Postal ServiceTM.                             solicit comments on the proposed rule
                                                    • Board Chair’s Opening Remarks                       ACTION: Notice.                                       change from interested persons.
                                                    • NSF Director’s Remarks                                                                                    I. Self-Regulatory Organization’s
                                                    • Approval of Prior Minutes                           SUMMARY:    The Postal Service gives
                                                                                                          notice of filing a request with the Postal            Statement of the Terms of Substance of
                                                    • Open Committee Reports                                                                                    the Proposed Rule Change
                                                                                                          Regulatory Commission to add a
                                                    • Vote: Merit Review Resolution
                                                                                                          domestic shipping services contract to
                                                    • Approval of CY 2018 Meeting                                                                                  The Exchange filed a proposal to
                                                                                                          the list of Negotiated Service                        amend the fee schedule applicable to
                                                      Schedule
                                                                                                          Agreements in the Mail Classification
                                                    • Discussion of Skilled Technical                                                                           Members 5 and non-Members of the
                                                                                                          Schedule’s Competitive Products List.                 Exchange pursuant to BZX Rules 15.1(a)
                                                      Workforce
                                                    • Board Chair’s Closing Remarks                       DATES: Date of notice required under 39               and (c).
                                                                                                          U.S.C. 3642(d)(1): August 10, 2017.                      The text of the proposed rule change
                                                  MEETING ADJOURNS: 2:30 p.m.
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      is available at the Exchange’s Web site
                                                  CONTACT PERSONS FOR MORE
                                                                                                          Elizabeth A. Reed, (202) 268–3179.                    at www.bats.com, at the principal office
                                                  INFORMATION: The NSB Office   contact is
                                                  Brad Gutierrez, bgutierr@nsf.gov, 703–                  SUPPLEMENTARY INFORMATION: The                        of the Exchange, and at the
                                                  292–7000. The Public Affairs contact is                 United States Postal Service® hereby                  Commission’s Public Reference Room.
                                                                                                          gives notice that, pursuant to 39 U.S.C.
mstockstill on DSK30JT082PROD with NOTICES




                                                  Nadine Lymn, nlymn@nsf.gov, 703–
                                                  292–2490.                                               3642 and 3632(b)(3), on August 4, 2017,                 1 15 U.S.C. 78s(b)(1).
                                                                                                          it filed with the Postal Regulatory                     2 17 CFR 240.19b–4.
                                                  Chris Blair,                                            Commission a Request of the United                      3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                                                                                                                                  4 17 CFR 240.19b–4(f)(2).
                                                  Executive Assistant, National Science Board             States Postal Service to Add Priority                   5 The term ‘‘Member’’ is defined as ‘‘any
                                                  Office.                                                 Mail Express, Priority Mail, & First-Class            registered broker or dealer that has been admitted
                                                  [FR Doc. 2017–17031 Filed 8–8–17; 4:15 pm]              Package Service Contract 21 to                        to membership in the Exchange.’’ See Exchange
                                                  BILLING CODE 7555–01–P                                  Competitive Product List. Documents                   Rule 1.5(n).



                                             VerDate Sep<11>2014   17:03 Aug 09, 2017   Jkt 241001   PO 00000   Frm 00055   Fmt 4703   Sfmt 4703   E:\FR\FM\10AUN1.SGM   10AUN1


                                                                                Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Notices                                            37473

                                                  II. Self-Regulatory Organization’s                        greater than or equal to 3.00% of                      remains intended to attract order flow to
                                                  Statement of the Purpose of, and                          average OCV 12; and (ii) ADAV 13 in                    the Exchange by offering market
                                                  Statutory Basis for, the Proposed Rule                    Market Maker 14 orders greater than or                 participants a competitive pricing
                                                  Change                                                    equal to 2.75% of average OCV. The                     structure. The Exchange believes it is
                                                     In its filing with the Commission, the                 Exchange proposes to modify the                        reasonable to offer and incrementally
                                                  Exchange included statements                              second prong of the qualification                      modify incentives intended to help to
                                                  concerning the purpose of and basis for                   criteria to instead require an ADAV in                 contribute to the growth of the
                                                  the proposed rule change and discussed                    Market Maker orders greater than or                    Exchange.
                                                  any comments it received on the                           equal to 2.50% of average OCV. The                        Volume-based pricing structures such
                                                  proposed rule change. The text of these                   Exchange does not propose any other                    as that maintained by the Exchange
                                                  statements may be examined at the                         changes to Tier 2. Accordingly, as                     have been widely adopted by
                                                  places specified in Item IV below. The                    amended, the Exchange proposes to                      exchanges, including the Exchange, and
                                                  Exchange has prepared summaries, set                      provide an enhanced rebate of $0.53 per                are equitable because they are open to
                                                  forth in Sections A, B, and C below, of                   contract for orders that yield fee code                all Members on an equal basis and
                                                  the most significant parts of such                        NF where the Member has an: (i) ADV                    provide additional benefits or discounts
                                                                                                            greater than or equal to 3.00% of                      that are reasonably related to: (i) The
                                                  statements.
                                                                                                            average OCV; and (ii) ADAV in Market                   value to an exchange’s market quality;
                                                  (A) Self-Regulatory Organization’s                        Maker orders greater than or equal to                  (ii) associated higher levels of market
                                                  Statement of the Purpose of, and                          2.50% of average OCV.                                  activity, such as higher levels of
                                                  Statutory Basis for, the Proposed Rule                                                                           liquidity provisions and/or growth
                                                  Change                                                    Implementation Date                                    patterns; and (iii) introduction of higher
                                                                                                              The Exchange proposes to implement                   volumes of orders into the price and
                                                  1. Purpose
                                                                                                            the above changes to its fee schedule on               volume discovery processes. In
                                                     The Exchange proposes to amend its                     August 1, 2017.15                                      particular, the proposed change to
                                                  fee schedule for its equity options                                                                              footnote 8 is a minor change intended
                                                  platform (‘‘BZX Options’’) to modify the                  2. Statutory Basis                                     to make meeting Tier 2 more attainable,
                                                  qualification criteria of Tier 2 of the                     The Exchange believes that the                       which, in turn, is intended to continue
                                                  Firm,6 Broker Dealer 7 and Joint Back                     proposed rule changes are consistent                   to incentivize Members to send
                                                  Office 8 Non-Penny Pilot 9 Add Volume                     with the objectives of Section 6 of the                increased order flow to the Exchange in
                                                  Tiers under footnote 8.                                   Act,16 in general, and furthers the                    an effort to qualify for the enhanced
                                                     The Exchange currently offers three                    objectives of Section 6(b)(4),17 in                    rebates made available by the tier. This
                                                  Firm, Broker Dealer and Joint Back                        particular, as it is designed to provide               increased order flow, in turn,
                                                  Office Non-Penny Add Volume Tiers                         for the equitable allocation of reasonable             contributes to the growth of the
                                                  under footnote 8, which provide an                        dues, fees and other charges among its                 Exchange. The Exchange also believes
                                                  enhanced rebate ranging from $0.33 to                     Members and other persons using its                    the rebate associated with the tier is
                                                  $0.82 per contract for qualifying orders                  facilities. The Exchange believes that                 reasonable as it continues to reflect the
                                                  that add liquidity in Non Penny Pilot                     the proposed modification to the                       difficulty in achieving the tier. These
                                                  Securities and yield fee code NF.10 The                   Exchange’s tiered pricing structure is                 incentives remain reasonably related to
                                                  Exchange now proposes to modify Tier                      reasonable, fair and equitable, and non-               the value to the Exchange’s market
                                                  2’s required criteria.                                    discriminatory. The Exchange operates                  quality associated with higher levels of
                                                     Currently under Tier 2, a Member’s                     in a highly competitive market in which                market activity, including liquidity
                                                  orders that yield fee code NF receive an                  market participants may readily send                   provision and the introduction of higher
                                                  enhanced rebate of $0.53 per contract                     order flow to many competing venues if                 volumes of orders into the price and
                                                  where the Member has an: (i) ADV 11                       they deem fees at the Exchange to be                   volume discovery processes. The
                                                                                                            excessive or incentives provided to be                 proposed change to the tiered pricing
                                                    6 ‘‘Firm’’ applies to any transaction identified by
                                                                                                            insufficient. The proposed structure                   structure is not unfairly discriminatory
                                                  a Member for clearing in the Firm range at the OCC,
                                                  excluding any Joint Back Office transaction. See the
                                                                                                                                                                   because it will apply equally to all
                                                  Exchange’s fee schedule available at http://                 12 ‘‘OCV’’ means the total equity and ETF options   Members.
                                                  www.bats.com/us/options/membership/fee_                   volume that clears in the Customer range at the
                                                  schedule/bzx/.                                            Options Clearing Corporation (‘‘OCC’’) for the
                                                                                                                                                                   (B) Self-Regulatory Organization’s
                                                    7 ‘‘Broker Dealer’’ applies to any order for the        month for which the fees apply, excluding volume       Statement on Burden on Competition
                                                  account of a broker dealer, including a foreign           on any day that the Exchange experiences an
                                                                                                            Exchange System Disruption and on any day with
                                                                                                                                                                     The Exchange believes the proposed
                                                  broker dealer, that clears in the Customer range at
                                                  the Options Clearing Corporation (‘‘OCC’’). Id.           a scheduled early market close. Id.                    amendment to its fee schedule would
                                                    8 ‘‘Joint Back Office’’ applies to any transaction         13 ‘‘ADAV’’ means average daily added volume        not impose any burden on competition
                                                  identified by a Member for clearing in the Firm           calculated as the number of contracts added per        that is not necessary or appropriate in
                                                  range at the OCC that is identified with an origin        day. See the Exchange’s fee schedule available at      furtherance of the purposes of the Act.
                                                  code as Joint Back Office. A Joint Back Office            http://www.bats.com/us/options/membership/fee_
                                                                                                            schedule/bzx/.
                                                                                                                                                                   The Exchange does not believe that the
                                                  participant is a Member that maintains a Joint Back
                                                  Office arrangement with a clearing broker-dealer.            14 ‘‘Market Maker’’ applies to any transaction      proposed change represents a significant
                                                  Id.                                                       identified by a Member for clearing in the Market      departure from previous pricing offered
                                                    9 ‘‘Penny Pilot Securities’’ are those issues quoted    Maker range at the OCC, where such Member is           by the Exchange or pricing offered by
                                                  pursuant to Exchange Rule 21.5, Interpretation and        registered with the Exchange as a Market Maker as      the Exchange’s competitors.
                                                  Policy .01. Id. ‘‘Non-Penny Pilot’’ refers to all other   defined in Rule 16.1(a)(37). Id.
                                                                                                                                                                   Additionally, Members may opt to
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                                                  issues.                                                      15 The Exchange notes that is has already
                                                    10 Fee code NF is appended to Firm, Broker              amended the Fee Schedule applicable to BZX             disfavor the Exchange’s pricing if they
                                                  Dealer and Joint Back Office orders in Non-Penny          Options for August 1, 2017, and thus, has not          believe that alternatives offer them
                                                  Pilot Securities that add liquidity. Orders that yield    proposed to amend the date of the Fee Schedule.        better value. Accordingly, the Exchange
                                                  fee code NF are provided a standard rebate of $0.30       See SR–BatsBZX–2017–48, available at http://
                                                                                                            www.bats.com/us/equities/regulation/rule_filings/
                                                                                                                                                                   does not believe that the proposed
                                                  per contract. Id.
                                                    11 ‘‘ADV’’ means average daily volume calculated        bzx/.                                                  change will impair the ability of
                                                  as the number of contracts added or removed,                 16 15 U.S.C. 78f.                                   Members or competing venues to
                                                  combined, per day. Id.                                       17 15 U.S.C. 78f(b)(4).                             maintain their competitive standing in


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                                                  37474                          Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Notices

                                                  the financial markets. The Exchange                     rules/sro.shtml). Copies of the                       change to adopt rules governing
                                                  does not believe that the proposed                      submission, all subsequent                            auctions in IEX-listed securities,
                                                  change to the Exchange’s tiered pricing                 amendments, all written statements                    provide for the dissemination of
                                                  structure burdens competition, but                      with respect to the proposed rule                     auction-related market data, and
                                                  instead, enhances competition, as it is                 change that are filed with the                        establish rules relating to trading halts
                                                  intended to increase the                                Commission, and all written                           and pauses. The proposed rule change
                                                  competitiveness of the Exchange.                        communications relating to the                        was published for comment in the
                                                                                                          proposed rule change between the                      Federal Register on May 9, 2017.3 The
                                                  (C) Self-Regulatory Organization’s                      Commission and any person, other than
                                                  Statement on Comments on the                                                                                  Commission received one comment
                                                                                                          those that may be withheld from the
                                                  Proposed Rule Change Received From                                                                            regarding the proposal.4 IEX responded
                                                                                                          public in accordance with the
                                                  Members, Participants or Others                                                                               to the comment on June 5, 2017.5 On
                                                                                                          provisions of 5 U.S.C. 552, will be
                                                    The Exchange has not solicited, and                   available for Web site viewing and                    June 22, 2017, pursuant to Section
                                                  does not intend to solicit, comments on                 printing in the Commission’s Public                   19(b)(2) of the Act,6 the Commission
                                                  this proposed rule change. The                          Reference Room, 100 F Street NE.,                     extended the time for Commission
                                                  Exchange has not received any written                   Washington, DC 20549, on official                     action on the proposal until August 7,
                                                  comments from members or other                          business days between the hours of                    2017.7 IEX filed Amendment No. 1 to
                                                  interested parties.                                     10:00 a.m. and 3:00 p.m. Copies of such               the proposal on July 10, 2017. On July
                                                                                                          filing will also be available for                     19, 2017, IEX filed Amendment No 2 to
                                                  III. Date of Effectiveness of the                                                                             the proposal, which superseded and
                                                                                                          inspection and copying at the principal
                                                  Proposed Rule Change and Timing for                     office of the Exchange. All comments                  replaced Amendment No. 1 in its
                                                  Commission Action                                       received will be posted without change;               entirety.8 The Commission is publishing
                                                     The foregoing rule change has become                 the Commission does not edit personal                 this notice to solicit comment on
                                                  effective pursuant to Section 19(b)(3)(A)               identifying information from                          Amendment No. 2 to the proposed rule
                                                  of the Act 18 and paragraph (f) of Rule                 submissions. You should submit only                   change from interested persons and is
                                                  19b–4 thereunder.19 At any time within                  information that you wish to make                     approving the proposed rule change, as
                                                  60 days of the filing of the proposed rule              available publicly. All submissions                   modified by Amendment No. 2, on an
                                                  change, the Commission summarily may                    should refer to File Number SR–                       accelerated basis.
                                                  temporarily suspend such rule change if                 BatsBZX–2017–51 and should be
                                                  it appears to the Commission that such                  submitted on or before August 31, 2017.               II. Description of the Proposed Rule
                                                  action is necessary or appropriate in the                 For the Commission, by the Division of
                                                                                                                                                                Change, as Modified by Amendment
                                                  public interest, for the protection of                  Trading and Markets, pursuant to delegated            No. 2
                                                  investors, or otherwise in furtherance of               authority.20
                                                  the purposes of the Act.                                                                                      A. Overview
                                                                                                          Eduardo A. Aleman,
                                                  IV. Solicitation of Comments                            Assistant Secretary.                                    The Commission recently granted
                                                                                                          [FR Doc. 2017–16931 Filed 8–9–17; 8:45 am]            IEX’s Form 1 application for registration
                                                    Interested persons are invited to
                                                                                                          BILLING CODE 8011–01–P
                                                  submit written data, views, and                                                                                  3 See Securities Exchange Act Release No. 80583
                                                  arguments concerning the foregoing,                                                                           (May 3, 2017), 82 FR 21634 (May 9, 2017)
                                                  including whether the proposed rule                     SECURITIES AND EXCHANGE                               (‘‘Notice’’).
                                                  change is consistent with the Act.                      COMMISSION
                                                                                                                                                                   4 See letter from Joan C. Conley, Senior Vice

                                                  Comments may be submitted by any of                                                                           President and Corporate Secretary, Nasdaq, to Brent
                                                                                                          [Release No. 34–81316; File No. SR–IEX–               J. Fields, Secretary, Commission, dated May 30,
                                                  the following methods:                                                                                        2017 (‘‘Nasdaq Letter’’).
                                                                                                          2017–10]
                                                                                                                                                                   5 See letter from Sophia Lee, General Counsel,
                                                  Electronic Comments
                                                                                                                                                                IEX, to Brent J. Fields, Secretary, Commission,
                                                    • Use the Commission’s Internet                       Self-Regulatory Organizations;                        dated June 5, 2017 (‘‘IEX Response’’).
                                                  comment form (http://www.sec.gov/                       Investors Exchange LLC; Notice of                        6 15 U.S.C. 78s(b)(2).

                                                  rules/sro.shtml); or                                    Filing of Amendment No. 2 and Order                      7 See Securities Exchange Act Release No. 80998

                                                    • Send an email to rule-comments@                     Granting Accelerated Approval of                      (June 22, 2017), 82 FR 29355 (June 28, 2017).
                                                  sec.gov. Please include File Number SR–                 Proposed Rule Change, as Modified by                     8 As discussed more fully below, Amendment No.

                                                                                                          Amendment No. 2, Relating to                          2 revises the proposal to: (1) Clarify the process for
                                                  BatsBZX–2017–51 on the subject line.                                                                          determining the auction match price; (2) modify
                                                                                                          Auctions in IEX-Listed Securities,                    certain definitions used to determine the auction
                                                  Paper Comments                                          Dissemination of Auction-Related                      match price to account for the requirement under
                                                    • Send paper comments in triplicate                   Market Data, and Trading Halts and                    the National Market System Plan to Implement a
                                                                                                          Pauses                                                Tick Size Pilot Program (‘‘Tick Size Pilot’’) that
                                                  to Secretary, Securities and Exchange                                                                         certain securities be traded in nickel increments; (3)
                                                  Commission, 100 F Street NE.,                                                                                 modify the process for affecting incremental
                                                                                                          August 4, 2017.
                                                  Washington, DC 20549–1090.                                                                                    extensions of the period for accepting orders after
                                                  All submissions should refer to File                    I. Introduction                                       a Limit Up-Limit Down (‘‘LULD’’) trading pause;
                                                                                                                                                                and (4) make other conforming and clarifying
                                                  Number SR–BatsBZX–2017–51. This file                       On April 20, 2017, Investors Exchange              changes. To promote transparency of its proposed
                                                  number should be included on the                        LLC (‘‘IEX’’ or the ‘‘Exchange’’) filed               amendment, when IEX filed Amendment No. 2 with
                                                  subject line if email is used. To help the              with the Securities and Exchange                      the Commission, it also submitted Amendment No.
                                                                                                                                                                2 as a comment letter to the file, which the
                                                  Commission process and review your
mstockstill on DSK30JT082PROD with NOTICES




                                                                                                          Commission (‘‘Commission’’), pursuant                 Commission posted on its Web site and placed in
                                                  comments more efficiently, please use                   to Section 19(b)(1) of the Securities                 the public comment file for SR–IEX–2017–10
                                                  only one method. The Commission will                    Exchange Act of 1934 (‘‘Act’’) 1 and Rule             (available at https://www.sec.gov/comments/sr-iex-
                                                  post all comments on the Commission’s                   19b–4 thereunder,2 a proposed rule                    2017-10/iex201710-1865053-156219.pdf). The
                                                                                                                                                                Exchange also posted a copy of its Amendment No.
                                                  Internet Web site (http://www.sec.gov/                                                                        2 on its Web site (available at https://
                                                                                                            20 17 CFR 200.30–3(a)(12).                          iextrading.com/docs/rule-filings/SR-IEX-2017-10-
                                                    18 15 U.S.C. 78s(b)(3)(A).                              1 15 U.S.C. 78s(b)(1).                              Amendment-2.pdf) when it filed Amendment No. 2
                                                    19 17 CFR 240.19b–4(f).                                 2 17 CFR 240.19b–4.                                 with the Commission.



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Document Created: 2017-08-10 01:01:14
Document Modified: 2017-08-10 01:01:14
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 37472 

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