Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of EDGA Exchange, Inc., 42582-42584 [2015-17488]
Download as PDF
42582
Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 19 and Rule 19b–
4(f)(6) thereunder.20
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act 21 normally does not become
operative for 30 days after the date of its
filing. However, Rule 19b–4(f)(6)(iii) 22
permits the Commission to designate a
shorter time if such action is consistent
with the protection of investors and the
public interest. The Exchange has asked
the Commission to waive the 30-day
operative delay so that the proposal may
become operative immediately upon
filing. The Exchange stated that waiver
of the operative delay will permit the
Exchange to list and trade certain ETF
options on the same basis as other
options markets.23 The Commission
believes the waiver of the operative
delay is consistent with the protection
of investors and the public interest.
Therefore, the Commission hereby
waives the operative delay and
designates the proposal operative upon
filing.24
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. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
change should be approved or
disapproved.
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:
19 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). As required under Rule
19b–4(f)(6)(iii), the Exchange provided the
Commission with written notice of its intent to file
the proposed rule change, along with a brief
description and the text of the proposed rule
change, at least five business days prior to the date
of filing of the proposed rule change.
21 17 CFR 240.19b–4(f)(6).
22 17 CFR 240.19b–4(f)(6)(iii).
23 See supra note 18.
24 For purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
srobinson on DSK5SPTVN1PROD with NOTICES
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Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSEMKT–2015–47 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSEMKT–2015–47. 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 (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–
NYSEMKT–2015–47, and should be
submitted on or before August 7, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.25
Brent J. Fields,
Secretary.
[FR Doc. 2015–17495 Filed 7–16–15; 8:45 am]
BILLING CODE 8011–01–P
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25 17
CFR 200.30–3(a)(12).
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–75433; File No. SR–EDGA–
2015–27]
Self-Regulatory Organizations; EDGA
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change Related to Fees for Use
of EDGA Exchange, Inc.
July 13, 2015.
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 2,
2015, EDGA Exchange, Inc. (the
‘‘Exchange’’ or ‘‘EDGA’’) 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange filed a proposal to
amend its fees and rebates applicable to
Members 5 of the Exchange pursuant to
EDGA Rule 15.1(a) and (c) (‘‘Fee
Schedule’’) to amend fee code MT,
which routes to EDGX Exchange, Inc.
(‘‘EDGX’’) using the ICMT, IOCM, ROCO
or ROUC routing strategy and removes
liquidity against MidPoint Match
Orders 6 on EDGX by: (i) Revising the
description of the orders eligible to
yield fee code MT; and (ii) increasing
the fee for orders yielding fee code MT.
The text of the proposed rule change
is available at the Exchange’s Web site
at www.batstrading.com, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(ii).
4 17 CFR 240.19b–4(f)(2).
5 The term ‘‘Member’’ is defined as ‘‘any
registered broker or dealer, or any person associated
with a registered broker or dealer, that has been
admitted to membership in the Exchange. A
Member will have the status of a ‘‘member’’ of the
Exchange as that term is defined in section 3(a)(3)
of the Act.’’ See Exchange Rule 1.5(n).
6 See Exchange Rule 11.8(d).
2 17
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Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices
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 amend fee
code MT, which routes to EDGX using
the ICMT, IOCM, ROCO or ROUC
routing strategy and removes liquidity
against MidPoint Match Orders on
EDGX by: (i) Revising the description of
the orders eligible to yield fee code MT;
and (ii) increasing the fee for orders
yielding fee code MT.
srobinson on DSK5SPTVN1PROD with NOTICES
Description of Fee Code MT
The Exchange proposes to amend the
description of fee code MT in two ways.
First, the Exchange proposes to replace
references to MidPoint Match Orders
with MidPoint Peg Orders. This change
is in response to a proposed rule change
filed with the Commission by EDGX to
align certain EDGX functionality with
BATS Exchange, Inc. (‘‘BZX’’).7 The
EDGX proposed rules change includes
replacing MidPoint Match Orders on
EDGX with a MidPoint Peg Order type.
Therefore, the Exchange proposes to
amend the description of fee code MT
to replace the reference to MidPoint
Match Orders with MidPoint Peg
Orders.
Second, the Exchange proposes to
remove references to the ROCO and
ROUC routing strategies 8 from the
description of fee code MT. In sum, both
the ROCO and ROUC are routing
strategies that check the System 9 for
available shares and are then sent to low
cost destinations on the System routing
table, which currently includes EDGX
7 See SR–EDGX–2015–30 [sic] available at
www.batstrading.com/regulation/rule_filings/edgx.
A description of the changes proposed in this filing
may be found in BATS EDGX Exchange
Modifications, Effective July 6, 2015, available at
https://cdn.batstrading.com/resources/release_
notes/2015/BATS-EDGX-Exchange-ModificationsEffective-July-6-2015.pdf. [sic]
8 See Exchange Rule 11.11(g).
9 See Exchange Rule 1.5(cc).
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for these routing strategies. Due to the
EDGX fee increase discussed below,
both the ROCO and ROUC routing
strategies will no longer be routed to
EDGX as of July 6, 2015. Therefore, the
Exchange proposes to remove references
to the ROCO and ROUC routing
strategies from the description of fee
code MT.
As a result of these two proposed
changes, the description of fee code MT
will be amended to reflect that it will be
appended to orders that are that routed
to EDGX using the ICMT or IOCM
routing strategy and remove liquidity
against MidPoint Peg Orders resting on
EDGX.
Fee Code MT Fee Change
In securities priced at or above $1.00,
the Exchange currently assesses a fee of
$0.00120 per share for Members’ orders
that yield fee code MT. The Exchange
proposes to amend its Fee Schedule to
increase this fee to $0.00290 per share.
The proposed change would enable the
Exchange to pass through the rate that
BATS Trading, Inc. (‘‘BATS Trading’’),
the Exchange’s affiliated routing brokerdealer, is charged for routing orders to
EDGX when it does not qualify for a
reduced fee. The proposed change is in
response to EDGX’s proposed July 6,
2015 fee change where EDGX has
announced that it will delete fee code
MT, under which orders that remove
liquidity against MidPoint Match Orders
were charged a fee of $0.00120 per
share.10 As a result of EDGX deleting its
fee code MT, orders that remove
liquidity at the midpoint of the NBBO
will now be charged EDGX’s standard
removal rate of $0.00290 per share.11
When BATS Trading routes to EDGX
and removes liquidity against MidPoint
Peg Orders resting on EDGX, it will now
be charged a standard rate of $0.00290
per share.12 BATS Trading will pass
through this rate to the Exchange and
the Exchange, in turn, will pass through
to its Members.
Implementation Date
The Exchange proposes to implement
these amendments to its Fee Schedule
on July 6, 2015.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
10 See Update: BATS EDGX and EDGA Exchange
Pricing Updates Effective July 2015, available at
https://cdn.batstrading.com/resources/fee_schedule/
2015/BATS-EDGX-and-EDGA-Exchange-PricingUpdates-Effective-July-2015.pdf.
11 Id.
12 The Exchange notes that to the extent BATS
Trading does or does not achieve any reduced fee
on EDGX, its rate for fee code MT will not change.
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42583
the objectives of section 6 of the Act,13
in general, and furthers the objectives of
section 6(b)(4),14 in particular, as it is
designed to provide for the equitable
allocation of reasonable dues, fees and
other charges among its Members and
other persons using its facilities.
Description of Fee Code MT
The Exchange believes that its
proposal to amend the description of fee
code MT represents an equitable
allocation of reasonable dues, fees, and
other charges among Members and other
persons using its facilities because it
updates the description of fee code MT
to reflect the scenarios under which fee
code MT will be appended to an order.
The proposed changes are in response to
a proposed rule change filed by EDGX
with the Commission to replace
MidPoint Match Orders on EDGX with
the MidPoint Peg Order type.15 In
addition, due to the EDGX July 6, 2015
fee change increase herein,16 both the
ROCO and ROUC routing strategies will
no longer be routed to EDGX as of that
date. The proposal is reasonable because
the updated description would reflect
the scenarios under which orders may
yield fee code MT as a result of the
proposed rule and fee changes proposed
by EDGX.17 Furthermore, the Exchange
notes that routing through BATS
Trading is voluntary. Lastly, the
Exchange also believes that the
proposed amendment is nondiscriminatory because it applies
uniformly to all Members.
Fee Code MT Fee Change
The Exchange believes that its
proposal to increase the fee for
Members’ orders that yield fee code MT
from $0.00120 per share to $0.00290 per
share represents an equitable allocation
of reasonable dues, fees, and other
charges among Members and other
persons using its facilities because the
Exchange does not levy additional fees
or offer additional rebates for orders that
it routes to EDGX through BATS
Trading. As of July 6, 2015, EDGX will
delete its fee to remove liquidity against
MidPoint Match Orders of $0.00120 per
share, thereby charging orders that
remove liquidity at the midpoint of the
NBBO its standard removal rate of
$0.00290 per share.18 Therefore, the
Exchange believes that its proposal to
pass through a fee of $0.00290 per share
for orders that yield fee code MT is
13 15
U.S.C. 78f.
U.S.C. 78f(b)(4).
15 See supra note 7.
16 See supra note 10.
17 See supra notes 7 and 10.
18 Id.
14 15
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Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices
equitable and reasonable because it
accounts for the pricing changes on
EDGX. In addition, the proposal allows
the Exchange to charge its Members a
pass-through rate for orders that are
routed to EDGX. Furthermore, the
Exchange notes that routing through
BATS Trading is voluntary. Lastly, the
Exchange also believes that the
proposed amendment is nondiscriminatory because it applies
uniformly to all Members.
(B) Self-Regulatory Organization’s
Statement on Burden on Competition
These proposed rule changes do 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 any
of these changes represent a significant
departure from previous pricing offered
by the Exchange or pricing offered by
the Exchange’s competitors.
Additionally, Members may opt to
disfavor EDGA’s pricing if they believe
that alternatives offer them better value.
Accordingly, the Exchange does not
believe that the proposed changes will
impair the ability of Members or
competing venues to maintain their
competitive standing in the financial
markets. The Exchange believes that its
proposal to pass through a fee of
$0.00290 per share for Members’ orders
that yield fee code MT would increase
intermarket competition because it
offers customers an alternative means to
route to EDGX. The Exchange believes
that its proposal would not burden
intramarket competition because the
proposed rate would apply uniformly to
all Members. Lastly, the Exchange does
not believe the updated description of
fee code MT imposes any burden on
competition as it is not designed to have
a competitive impact. Rather, it is
intended to update the description of
fee code MT to reflect the scenarios
under which an order would be eligible
to yield fee code MT as a result of the
proposed rule and fee changes proposed
by EDGX discussed herein.19
srobinson on DSK5SPTVN1PROD with NOTICES
(C) Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
The Exchange has not solicited, and
does not intend to solicit, comments on
this proposed rule change. The
Exchange has not received any
unsolicited written comments from
Members or other interested parties.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to section 19(b)(3)(A)
of the Act 20 and paragraph (f) of Rule
19b–4 thereunder.21 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.
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
EDGA–2015–27 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–EDGA–2015–27. 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 (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing will also be available for
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[FR Doc. 2015–17488 Filed 7–16–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–75434; File No. SR–
NYSEArca–2015–57]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Adding a Pricing Tier
Applicable to Orders of ETP Holders
for Tape A, Tape B and Tape C
Securities That Are Eligible To Be
Routed Away From the Exchange
July 13, 2015.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 2 thereunder,
notice is hereby given that, on June 30,
2015, NYSE Arca, Inc. (the ‘‘Exchange’’
or ‘‘NYSE Arca’’) filed with the
Securities and Exchange Commission
(‘‘SEC’’ or ‘‘Commission’’) the proposed
rule change as described in Items I, II,
and III below, which Items have been
prepared by the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to add a
pricing tier applicable to orders of ETP
Holders for Tape A, Tape B and Tape C
Securities that are eligible to be routed
away from the Exchange. The Exchange
proposes to implement the changes on
July 1, 2015. The text of the proposed
rule change is available on the
Exchange’s Web site at www.nyse.com,
at the principal office of the Exchange,
and at the Commission’s Public
Reference Room.
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
U.S.C. 78s(b)(3)(A).
21 17 CFR 240.19b–4(f).
20:59 Jul 16, 2015
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.22
Brent J. Fields,
Secretary.
22 17
20 15
19 Id.
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–EDGA–
2015–27 and should be submitted on or
before August 7, 2015.
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Agencies
[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Notices]
[Pages 42582-42584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17488]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-75433; File No. SR-EDGA-2015-27]
Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Related to
Fees for Use of EDGA Exchange, Inc.
July 13, 2015.
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 2, 2015, EDGA Exchange, Inc. (the ``Exchange'' or
``EDGA'') 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 its fees and rebates
applicable to Members \5\ of the Exchange pursuant to EDGA Rule 15.1(a)
and (c) (``Fee Schedule'') to amend fee code MT, which routes to EDGX
Exchange, Inc. (``EDGX'') using the ICMT, IOCM, ROCO or ROUC routing
strategy and removes liquidity against MidPoint Match Orders \6\ on
EDGX by: (i) Revising the description of the orders eligible to yield
fee code MT; and (ii) increasing the fee for orders yielding fee code
MT.
---------------------------------------------------------------------------
\5\ The term ``Member'' is defined as ``any registered broker or
dealer, or any person associated with a registered broker or dealer,
that has been admitted to membership in the Exchange. A Member will
have the status of a ``member'' of the Exchange as that term is
defined in section 3(a)(3) of the Act.'' See Exchange Rule 1.5(n).
\6\ See Exchange Rule 11.8(d).
---------------------------------------------------------------------------
The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.
[[Page 42583]]
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 amend fee code MT, which routes to EDGX using
the ICMT, IOCM, ROCO or ROUC routing strategy and removes liquidity
against MidPoint Match Orders on EDGX by: (i) Revising the description
of the orders eligible to yield fee code MT; and (ii) increasing the
fee for orders yielding fee code MT.
Description of Fee Code MT
The Exchange proposes to amend the description of fee code MT in
two ways. First, the Exchange proposes to replace references to
MidPoint Match Orders with MidPoint Peg Orders. This change is in
response to a proposed rule change filed with the Commission by EDGX to
align certain EDGX functionality with BATS Exchange, Inc. (``BZX'').\7\
The EDGX proposed rules change includes replacing MidPoint Match Orders
on EDGX with a MidPoint Peg Order type. Therefore, the Exchange
proposes to amend the description of fee code MT to replace the
reference to MidPoint Match Orders with MidPoint Peg Orders.
---------------------------------------------------------------------------
\7\ See SR-EDGX-2015-30 [sic] available at www.batstrading.com/regulation/rule_filings/edgx. A description of the changes proposed
in this filing may be found in BATS EDGX Exchange Modifications,
Effective July 6, 2015, available at https://cdn.batstrading.com/resources/release_notes/2015/BATS-EDGX-Exchange-Modifications-Effective-July-6-2015.pdf. [sic]
---------------------------------------------------------------------------
Second, the Exchange proposes to remove references to the ROCO and
ROUC routing strategies \8\ from the description of fee code MT. In
sum, both the ROCO and ROUC are routing strategies that check the
System \9\ for available shares and are then sent to low cost
destinations on the System routing table, which currently includes EDGX
for these routing strategies. Due to the EDGX fee increase discussed
below, both the ROCO and ROUC routing strategies will no longer be
routed to EDGX as of July 6, 2015. Therefore, the Exchange proposes to
remove references to the ROCO and ROUC routing strategies from the
description of fee code MT.
---------------------------------------------------------------------------
\8\ See Exchange Rule 11.11(g).
\9\ See Exchange Rule 1.5(cc).
---------------------------------------------------------------------------
As a result of these two proposed changes, the description of fee
code MT will be amended to reflect that it will be appended to orders
that are that routed to EDGX using the ICMT or IOCM routing strategy
and remove liquidity against MidPoint Peg Orders resting on EDGX.
Fee Code MT Fee Change
In securities priced at or above $1.00, the Exchange currently
assesses a fee of $0.00120 per share for Members' orders that yield fee
code MT. The Exchange proposes to amend its Fee Schedule to increase
this fee to $0.00290 per share. The proposed change would enable the
Exchange to pass through the rate that BATS Trading, Inc. (``BATS
Trading''), the Exchange's affiliated routing broker-dealer, is charged
for routing orders to EDGX when it does not qualify for a reduced fee.
The proposed change is in response to EDGX's proposed July 6, 2015 fee
change where EDGX has announced that it will delete fee code MT, under
which orders that remove liquidity against MidPoint Match Orders were
charged a fee of $0.00120 per share.\10\ As a result of EDGX deleting
its fee code MT, orders that remove liquidity at the midpoint of the
NBBO will now be charged EDGX's standard removal rate of $0.00290 per
share.\11\ When BATS Trading routes to EDGX and removes liquidity
against MidPoint Peg Orders resting on EDGX, it will now be charged a
standard rate of $0.00290 per share.\12\ BATS Trading will pass through
this rate to the Exchange and the Exchange, in turn, will pass through
to its Members.
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\10\ See Update: BATS EDGX and EDGA Exchange Pricing Updates
Effective July 2015, available at https://cdn.batstrading.com/resources/fee_schedule/2015/BATS-EDGX-and-EDGA-Exchange-Pricing-Updates-Effective-July-2015.pdf.
\11\ Id.
\12\ The Exchange notes that to the extent BATS Trading does or
does not achieve any reduced fee on EDGX, its rate for fee code MT
will not change.
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Implementation Date
The Exchange proposes to implement these amendments to its Fee
Schedule on July 6, 2015.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the objectives of section 6 of the Act,\13\ in general, and
furthers the objectives of section 6(b)(4),\14\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and other persons using its
facilities.
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\13\ 15 U.S.C. 78f.
\14\ 15 U.S.C. 78f(b)(4).
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Description of Fee Code MT
The Exchange believes that its proposal to amend the description of
fee code MT represents an equitable allocation of reasonable dues,
fees, and other charges among Members and other persons using its
facilities because it updates the description of fee code MT to reflect
the scenarios under which fee code MT will be appended to an order. The
proposed changes are in response to a proposed rule change filed by
EDGX with the Commission to replace MidPoint Match Orders on EDGX with
the MidPoint Peg Order type.\15\ In addition, due to the EDGX July 6,
2015 fee change increase herein,\16\ both the ROCO and ROUC routing
strategies will no longer be routed to EDGX as of that date. The
proposal is reasonable because the updated description would reflect
the scenarios under which orders may yield fee code MT as a result of
the proposed rule and fee changes proposed by EDGX.\17\ Furthermore,
the Exchange notes that routing through BATS Trading is voluntary.
Lastly, the Exchange also believes that the proposed amendment is non-
discriminatory because it applies uniformly to all Members.
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\15\ See supra note 7.
\16\ See supra note 10.
\17\ See supra notes 7 and 10.
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Fee Code MT Fee Change
The Exchange believes that its proposal to increase the fee for
Members' orders that yield fee code MT from $0.00120 per share to
$0.00290 per share represents an equitable allocation of reasonable
dues, fees, and other charges among Members and other persons using its
facilities because the Exchange does not levy additional fees or offer
additional rebates for orders that it routes to EDGX through BATS
Trading. As of July 6, 2015, EDGX will delete its fee to remove
liquidity against MidPoint Match Orders of $0.00120 per share, thereby
charging orders that remove liquidity at the midpoint of the NBBO its
standard removal rate of $0.00290 per share.\18\ Therefore, the
Exchange believes that its proposal to pass through a fee of $0.00290
per share for orders that yield fee code MT is
[[Page 42584]]
equitable and reasonable because it accounts for the pricing changes on
EDGX. In addition, the proposal allows the Exchange to charge its
Members a pass-through rate for orders that are routed to EDGX.
Furthermore, the Exchange notes that routing through BATS Trading is
voluntary. Lastly, the Exchange also believes that the proposed
amendment is non-discriminatory because it applies uniformly to all
Members.
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\18\ Id.
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(B) Self-Regulatory Organization's Statement on Burden on Competition
These proposed rule changes do 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 any of these changes
represent a significant departure from previous pricing offered by the
Exchange or pricing offered by the Exchange's competitors.
Additionally, Members may opt to disfavor EDGA's pricing if they
believe that alternatives offer them better value. Accordingly, the
Exchange does not believe that the proposed changes will impair the
ability of Members or competing venues to maintain their competitive
standing in the financial markets. The Exchange believes that its
proposal to pass through a fee of $0.00290 per share for Members'
orders that yield fee code MT would increase intermarket competition
because it offers customers an alternative means to route to EDGX. The
Exchange believes that its proposal would not burden intramarket
competition because the proposed rate would apply uniformly to all
Members. Lastly, the Exchange does not believe the updated description
of fee code MT imposes any burden on competition as it is not designed
to have a competitive impact. Rather, it is intended to update the
description of fee code MT to reflect the scenarios under which an
order would be eligible to yield fee code MT as a result of the
proposed rule and fee changes proposed by EDGX discussed herein.\19\
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\19\ Id.
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(C) Self-Regulatory Organization's Statement on Comments on the
Proposed Rule Change Received From Members, Participants or Others
The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from Members or other interested
parties.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective pursuant to section
19(b)(3)(A) of the Act \20\ and paragraph (f) of Rule 19b-4
thereunder.\21\ 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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\20\ 15 U.S.C. 78s(b)(3)(A).
\21\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-EDGA-2015-27 on the subject line.
Paper Comments
Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-EDGA-2015-27. 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 (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing 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-EDGA-2015-27 and should be
submitted on or before August 7, 2015.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
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\22\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-17488 Filed 7-16-15; 8:45 am]
BILLING CODE 8011-01-P