Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of BATS Exchange, Inc., 51340-51342 [2015-20790]
Download as PDF
51340
Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices
SROs where CROs authorize issuance of
complaints and approve settlements.
Finally, making technical
amendments and correcting a
typographical error in Rules 476, 8120,
9001, 9110, 9217, 9232, 9310 and 9810
removes impediments to and perfects
the mechanism of a free and open
market by removing confusion that may
result from having incorrect or
redundant material in the Exchange’s
rulebook. The Exchange believes that
eliminating incorrect or redundant
material would not be inconsistent with
the public interest and the protection of
investors because investors will not be
harmed and in fact would benefit from
increased transparency, thereby
reducing potential confusion. Removing
such references will also remove
impediments to and perfects the
mechanism of a free and open market by
ensuring that persons subject to the
Exchange’s jurisdiction, regulators, and
the investing public can more easily
navigate and understand the Exchange’s
rulebook. The Exchange believes that
eliminating incorrect or redundant
material would not be inconsistent with
the public interest and the protection of
investors because investors will not be
harmed and in fact would benefit from
increased transparency, thereby
reducing potential confusion. Removing
such references will also further the goal
of transparency and add clarity to the
Exchange’s rules.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
proposed rule change is not intended to
address competitive issues but rather to
enable the Exchange to directly
investigate and initiate disciplinary
actions following and facilitate the
reintegration of certain regulatory
functions from FINRA.
tkelley on DSK3SPTVN1PROD with NOTICES
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of
publication of this notice in the Federal
Register or within such longer period
up to 90 days (i) as the Commission may
designate if it finds such longer period
VerDate Sep<11>2014
16:48 Aug 21, 2015
Jkt 235001
to be appropriate and publishes its
reasons for so finding or (ii) as to which
the self-regulatory organization
consents, the Commission will:
(A) by order approve or disapprove
such proposed rule change, or
(B) institute proceedings to determine
whether the proposed rule change
should be 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:
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–
NYSE–2015–35 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–NYSE–2015–35. 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–NYSE–
PO 00000
Frm 00145
Fmt 4703
Sfmt 4703
2015–35, and should be submitted on or
before September 14, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.27
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015–20792 Filed 8–21–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–75723; File No. SR–BATS–
2015–60]
Self-Regulatory Organizations; BATS
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change Related to Fees for Use
of BATS Exchange, Inc.
August 18, 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 August 7,
2015, BATS Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BATS’’) 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 the fee schedule applicable to
Members 5 and non-members of the
Exchange pursuant to BATS Rules
15.1(a) and (c) (‘‘Fee Schedule’’) to
remove fees for BATS Investor Pro and
BATS Investor RT, as the Exchange will
no longer make these products available
as of August 29, 2015.
The text of the proposed rule change
is available at the Exchange’s Web site
27 17
CFR 200.30–3(a)(12).
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).
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).
1 15
E:\FR\FM\24AUN1.SGM
24AUN1
Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices
at www.batstrading.com, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
tkelley on DSK3SPTVN1PROD with NOTICES
1. Purpose
The Exchange proposes to remove
fees for BATS Investor Pro and BATS
Investor RT, as the Exchange will no
longer make these products available as
of August 29, 2015. The Exchange
currently maintains a revenue sharing
program with Interactive Data
Corporation, acting by and through its
division, Interactive Data Desktop
Solutions, and its subsidiary, Interactive
Data Online Properties, Inc. (collectively
‘‘IDC’’), whereby the Exchange has
agreed to make available, through IDC,
private labeled versions of IDC’s
Market–Q and LiveCharts products (the
‘‘Revenue Sharing Program’’).6 Pursuant
to an agreement (the ‘‘Agreement’’)
between IDC and the Exchange, Market–
Q has been marketed by the Exchange
under the private label name ‘‘BATS
Investor Pro’’ and LiveCharts has been
marketed by the Exchange under the
private label name ‘‘BATS Investor RT’’
(BATS Investor Pro and BATS Investor
RT, collectively, the ‘‘Private Labeled
Products’’). Under the Agreement, the
current price schedule charges
subscribers a monthly fee of $125.00 for
BATS Investor Pro and a monthly fee of
$24.95 for BATS Investor RT.7
6 See Securities Exchange Act Release Nos. 70264
(August 27, 2013), 78 FR 54338 (September 3, 2013)
(SR–BATS–2013–045); and 70687 (October 15,
2013), 78 FR 62921 (October 22, 2013) (SR–BATS–
2013–055).
7 Under the Agreement, IDC determines the price
schedule for the Private Labeled Products, and has
the right to change the price schedule at any time
in its sole discretion upon prior notice to BATS;
provided, however, that such changes to the price
schedule do not become effective unless and until
the applicable fees set forth in the price schedule
have been filed with and/or approved by the
VerDate Sep<11>2014
16:48 Aug 21, 2015
Jkt 235001
Pursuant to and in accordance with
the terms and conditions of the
Agreement, on July 24, 2015, the
Exchange provided written notice of
termination of the Agreement to IDC,
effective as of August 29, 2015.
Therefore, inclusion of the Private
Labeled Products within Exchange’s Fee
Schedule would no longer serve any
legitimate purpose upon the Revenue
Sharing Program being terminated by
the Exchange. The Exchange is
terminating the Revenue Share Program
with IDC due to lack of interest from
data recipients for the Private Labeled
Products. Currently, there are no active
clients for either Private Labeled
Product.
Implementation Date
The Exchange proposes to implement
these amendments to its Fee Schedule
on August 31, 2015.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the objectives of section 6 of the Act,8
in general, and furthers the objectives of
section 6(b)(4),9 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 because
it would delete fees for products that are
to be discontinued by the Exchange,
thereby eliminating investor confusion.
In addition, the Exchange has no
subscribers to either of the Private
Labeled Products, neither of the Private
Labeled Products is a core product
offering by the Exchange, and the
Exchange is not required by the Act to
offer such products. The proposed rule
change will not permit unfair
discrimination among customers,
brokers, or dealers because the Private
Labeled Products will no longer be
offered by the Exchange.
Lastly, the Exchange also believes that
the proposed amendment to its Fee
Schedule is reasonable and nondiscriminatory because it will apply
uniformly to all members.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe its
proposed amendments to its Fee
Schedule would impose any burden on
competition that is not necessary or
appropriate in furtherance of the
purposes of the Act. The proposed rule
change will terminate the Revenue
Commission through a proposed rule change
submitted by the Exchange in accordance with the
Act.
8 15 U.S.C. 78f.
9 15 U.S.C. 78f(b)(4).
PO 00000
Frm 00146
Fmt 4703
Sfmt 4703
51341
Sharing Program with IDC, as well as
the fees for the products offered
thereunder from its fee schedule,
effective as of August 29, 2015, and is
not designed to have a competitive
impact. Therefore, the Exchange does
not believe the proposed rule change
will have any effect on competition.
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 10 and paragraph (f) of Rule
19b–4 thereunder.11 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–
BATS–2015–60 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–BATS–2015–60. 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
10 15
11 17
E:\FR\FM\24AUN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f).
24AUN1
51342
Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices
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 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–BATS–
2015–60, and should be submitted on or
before September 14, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015–20790 Filed 8–21–15; 8:45 am]
BILLING CODE 8011–01–P
[Release No. 34–75722; File No. SR–
NYSEARCA–2015–70]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Amending the NYSE Arca
Equities Schedule of Fees and
Charges for Exchange Services To
Modify the Credits the Exchange
Provides for Routing Certain Orders to
the New York Stock Exchange LLC
tkelley on DSK3SPTVN1PROD with NOTICES
August 18, 2015.
Pursuant to section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on August
3, 2015, NYSE Arca, Inc. (the
‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with
the Securities and Exchange
Commission (the ‘‘Commission’’) the
CFR 200.30–3(a)(12).
1 15 U.S.C.78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
VerDate Sep<11>2014
16:48 Aug 21, 2015
Jkt 235001
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
NYSE Arca Equities Schedule of Fees
and Charges for Exchange Services
(‘‘Fee Schedule’’) to modify the credits
the Exchange provides for routing
certain orders to the New York Stock
Exchange LLC (‘‘NYSE’’). 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.
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
self-regulatory organization 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 those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
SECURITIES AND EXCHANGE
COMMISSION
12 17
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the selfregulatory organization. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
1. Purpose
The Exchange proposes to amend the
Fee Schedule to modify the Tier 1 and
Tier 2 credits the Exchange provides for
routing PO+ Orders 4 to the NYSE and
make corresponding changes in the
Basic Rate pricing.
A PO+ Order is designed to route to
the primary listing market of the
security underlying the order (i.e.,
NYSE, NASDAQ, etc.) immediately
upon arrival and the order therefore
does not rest on the Exchange’s order
book. Because PO+ Orders do not rest
on the Exchange’s book, the Exchange
charges fees or provides credits for those
orders based on the fees or credits of the
destination primary listing market,
4 A PO+ Order is a Primary Only Order (i.e., a
market or limit order that is to be routed to the
primary market) that is entered for participation in
the primary market, other than for participation in
the primary market opening or primary market reopening. See NYSE Arca Equities Rule 7.31(f)(1)(C).
PO 00000
Frm 00147
Fmt 4703
Sfmt 4703
which are the fees and credits that the
Exchange is charged by the primary
listing market that receives the order.
In a recent rule filing, the NYSE
modified its fee structure for equities
transaction by decreasing the level of
rebate that it provides to its members
that provide liquidity from $0.0015 per
share to $0.0014 per share.5 In order to
maintain the same relationship between
the rate that the Exchange charges for a
PO+ Order and the rebate provided by
the destination venue, the Exchange is
also amending the per share credit for
PO+ Orders routed to the NYSE that
provide liquidity to the NYSE to
$0.0014 per share. The Exchange
proposes corresponding changes to the
Basic Rate pricing section of the Fee
Schedule.
The proposed changes are not
otherwise intended to address any other
issues, and the Exchange is not aware of
any problems that ETP Holders would
have in complying with the proposed
changes.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
section 6(b) of the Act,6 in general, and
furthers the objectives of sections 6(b)(4)
and (5) of the Act,7 in particular,
because it provides for the equitable
allocation of reasonable dues, fees, and
other charges among its members,
issuers and other persons using its
facilities and does not unfairly
discriminate between customers,
issuers, brokers or dealers.
The Exchange believes that the
proposed changes to routing credits for
PO+ Orders that provide liquidity to the
NYSE are reasonable because the
Exchange’s credits for routing an order
that does not rest on the Exchange’s
order book, but rather is designed to
route to the primary listing market on
arrival, are closely related to the NYSE’s
rebates for its members for providing
liquidity, and the proposed change is
consistent with the recent change to the
NYSE Price List to lower its rebate for
providing liquidity. While the proposed
change would result in a decrease in the
per share credit for PO+ Orders routed
to the NYSE that provide liquidity to the
NYSE, the rebate that the Exchange
would provide to ETP Holders is
competitive with the rate that NYSE
provides to its members for providing
liquidity and would maintain the same
relationship between the rebate provide
5 See Securities Exchange Act Release No. 75353
(July 2, 2015), 80 FR 39468 (July 9, 2015) (SR–
NYSE–2015–30).
6 15 U.S.C. 78f(b).
7 15 U.S.C. 78f(b)(4) and (5).
E:\FR\FM\24AUN1.SGM
24AUN1
Agencies
[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Notices]
[Pages 51340-51342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20790]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-75723; File No. SR-BATS-2015-60]
Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Related to
Fees for Use of BATS Exchange, Inc.
August 18, 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 August 7, 2015, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') 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 BATS Rules
15.1(a) and (c) (``Fee Schedule'') to remove fees for BATS Investor Pro
and BATS Investor RT, as the Exchange will no longer make these
products available as of August 29, 2015.
---------------------------------------------------------------------------
\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
[[Page 51341]]
at www.batstrading.com, at the principal office of the Exchange, and at
the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant parts of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to remove fees for BATS Investor Pro and BATS
Investor RT, as the Exchange will no longer make these products
available as of August 29, 2015. The Exchange currently maintains a
revenue sharing program with Interactive Data Corporation, acting by
and through its division, Interactive Data Desktop Solutions, and its
subsidiary, Interactive Data Online Properties, Inc. (collectively
``IDC''), whereby the Exchange has agreed to make available, through
IDC, private labeled versions of IDC's Market-Q and LiveCharts products
(the ``Revenue Sharing Program'').\6\ Pursuant to an agreement (the
``Agreement'') between IDC and the Exchange, Market-Q has been marketed
by the Exchange under the private label name ``BATS Investor Pro'' and
LiveCharts has been marketed by the Exchange under the private label
name ``BATS Investor RT'' (BATS Investor Pro and BATS Investor RT,
collectively, the ``Private Labeled Products''). Under the Agreement,
the current price schedule charges subscribers a monthly fee of $125.00
for BATS Investor Pro and a monthly fee of $24.95 for BATS Investor
RT.\7\
---------------------------------------------------------------------------
\6\ See Securities Exchange Act Release Nos. 70264 (August 27,
2013), 78 FR 54338 (September 3, 2013) (SR-BATS-2013-045); and 70687
(October 15, 2013), 78 FR 62921 (October 22, 2013) (SR-BATS-2013-
055).
\7\ Under the Agreement, IDC determines the price schedule for
the Private Labeled Products, and has the right to change the price
schedule at any time in its sole discretion upon prior notice to
BATS; provided, however, that such changes to the price schedule do
not become effective unless and until the applicable fees set forth
in the price schedule have been filed with and/or approved by the
Commission through a proposed rule change submitted by the Exchange
in accordance with the Act.
---------------------------------------------------------------------------
Pursuant to and in accordance with the terms and conditions of the
Agreement, on July 24, 2015, the Exchange provided written notice of
termination of the Agreement to IDC, effective as of August 29, 2015.
Therefore, inclusion of the Private Labeled Products within Exchange's
Fee Schedule would no longer serve any legitimate purpose upon the
Revenue Sharing Program being terminated by the Exchange. The Exchange
is terminating the Revenue Share Program with IDC due to lack of
interest from data recipients for the Private Labeled Products.
Currently, there are no active clients for either Private Labeled
Product.
Implementation Date
The Exchange proposes to implement these amendments to its Fee
Schedule on August 31, 2015.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the objectives of section 6 of the Act,\8\ in general, and
furthers the objectives of section 6(b)(4),\9\ 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 because it would delete fees for products that are to be
discontinued by the Exchange, thereby eliminating investor confusion.
In addition, the Exchange has no subscribers to either of the Private
Labeled Products, neither of the Private Labeled Products is a core
product offering by the Exchange, and the Exchange is not required by
the Act to offer such products. The proposed rule change will not
permit unfair discrimination among customers, brokers, or dealers
because the Private Labeled Products will no longer be offered by the
Exchange.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f.
\9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
Lastly, the Exchange also believes that the proposed amendment to
its Fee Schedule is reasonable and non-discriminatory because it will
apply uniformly to all members.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe its proposed amendments to its Fee
Schedule would impose any burden on competition that is not necessary
or appropriate in furtherance of the purposes of the Act. The proposed
rule change will terminate the Revenue Sharing Program with IDC, as
well as the fees for the products offered thereunder from its fee
schedule, effective as of August 29, 2015, and is not designed to have
a competitive impact. Therefore, the Exchange does not believe the
proposed rule change will have any effect on competition.
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 \10\ and paragraph (f) of Rule 19b-4
thereunder.\11\ 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.
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78s(b)(3)(A).
\11\ 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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-BATS-2015-60 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-BATS-2015-60. 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
[[Page 51342]]
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 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-BATS-2015-60, and should be
submitted on or before September 14, 2015.
---------------------------------------------------------------------------
\12\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-20790 Filed 8-21-15; 8:45 am]
BILLING CODE 8011-01-P