Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees, 71862-71863 [2015-29229]
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71862
Federal Register / Vol. 80, No. 221 / Tuesday, November 17, 2015 / Notices
• Send an email to rulecomments@sec.gov. Please include File
Number SR–MSRB–2015–03 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549.
All submissions should refer to File
Number SR–MSRB–2015–03. 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 also will be available for
inspection and copying at the principal
office of the MSRB. 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–MSRB–
2015–03 and should be submitted on or
before December 1, 2015.30
For the Commission, pursuant to delegated
authority.31
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015–29226 Filed 11–16–15; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–76423; File No. SR–EDGX–
2015–55]
Self-Regulatory Organizations; EDGX
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change Related to Fees
November 10, 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 November
2, 2015, EDGX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘EDGX’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II and III
below, which Items have been prepared
by the Exchange. The Exchange has
designated the proposed rule change as
one establishing or changing a member
due, fee, or other charge imposed by the
Exchange under Section 19(b)(3)(A)(ii)
of the Act 3 and Rule 19b–4(f)(2)
thereunder,4 which renders the
proposed rule change effective upon
filing with the Commission. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
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 EDGX Rules
15.1(a) and (c) (‘‘Fee Schedule’’).
The text of the proposed rule change
is available at the Exchange’s Web site
at www.batstrading.com, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
BILLING CODE 8011–01–P
mstockstill on DSK4VPTVN1PROD with NOTICES
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 [sic]. 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).
2 17
30 The Commission believes that a 14-day
comment period is reasonable, given the urgency of
the matter. It will provide adequate time for
comment.
31 17 CFR 200.30–3(a)(12).
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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 increase
the fee for orders yielding fee code D,
which results from an order routed to
the New York Stock Exchange (‘‘NYSE’’)
or routed using the RDOT routing
strategy. In securities priced at or above
$1.00, the Exchange currently assesses a
fee of $0.0027 per share for Members’
orders that yield fee code D. The
Exchange proposes to amend its Fee
Schedule to increase this fee to
$0.00275 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
NYSE when it does not qualify for a
volume tiered reduced fee. The
proposed change is in response to
NYSE’s November 2015 fee change
where NYSE increased the fee to remove
liquidity via routable order types it
charges its customers, from a fee of
$0.0027 per share to a fee of $0.00275
per share.6 When BATS Trading routes
to NYSE, it will now be charged a
standard rate of $0.00275 per share.
BATS Trading will pass through this
rate to the Exchange and the Exchange,
in turn, will pass through of a rate of
$0.00275 per share to its Members. The
proposed increase to the fee under fee
code D would enable the Exchange to
equitably allocate its costs among all
Members utilizing fee code D. The
Exchange proposes to implement this
amendment to its Fee Schedule
immediately.
In addition to the change proposed
above, the Exchange proposes to change
certain references on the Fee Schedule
in connection with the launch of the
options exchange operated by the
Exchange. First, the Exchange propose
[sic] to modify references in the Unicast
Access section under BATS Connect
fees to refer to ‘‘BZX Options’’ instead
of ‘‘BATS Options’’. Second, the
Exchange proposes to add reference to
6 See NYSE Trader Update, Fee Changes Effective
November 2, dated October 30, 2015, available at
https://www.nyse.com/publicdocs/nyse/markets/
nyse/NYSE_Client_Notice_Fee_Change_11_
2015.pdf.
E:\FR\FM\17NON1.SGM
17NON1
Federal Register / Vol. 80, No. 221 / Tuesday, November 17, 2015 / Notices
EDGX Options in the list of Exchange
affiliates to which such fees do not
apply.
mstockstill on DSK4VPTVN1PROD with NOTICES
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the objectives of Section 6 of the Act,7
in general, and furthers the objectives of
Section 6(b)(4),8 in particular, as it is
designed to provide for the equitable
allocation of reasonable dues, fees and
other charges among its Members and
other persons using its facilities. The
Exchange believes that its proposal to
increase the fee for Members’ orders that
yield fee code D from $0.0027 per share
to $0.00275 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 NYSE
through BATS Trading. As of November
1, 2015 [sic], NYSE amended its fee to
remove liquidity via routable order
types it charges its customers, from a fee
of $0.0027 per share to a fee of $0.00275
per share.9 Therefore, the Exchange
believes that its proposal to pass
through a fee of $0.00275 per share for
orders that yield fee code D is equitable
and reasonable because it accounts for
the pricing changes on NYSE. In
addition, the proposal allows the
Exchange to continue to charge its
Members a pass-through rate for orders
that are routed to NYSE. 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. The
Exchange also believes that the changes
to add EDGX Options to the list of
affiliates under Unicast Access and the
re-naming of BATS Options as BZX
Options is consistent with the Act. Such
changes reflect and are in connection
with the launch of EDGX Options but do
not result in any material change to the
Exchange’s Fee Schedule or impose any
new or different fee.
(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
U.S.C. 78f.
U.S.C. 78f(b)(4).
9 See supra note 6.
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
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 $0.00275 per share for
Members’ orders that yield fee code D
would increase intermarket competition
because it offers customers an
alternative means to route to NYSE. The
Exchange believes that its proposal
would not burden intramarket
competition because the proposed rate
would apply uniformly to all Members.
(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:
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–EDGX–2015–55. 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–EDGX–
2015–55 and should be submitted on or
before December 8,2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015–29229 Filed 11–16–15; 8:45 am]
BILLING CODE 8011–01–P
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–
EDGX–2015–55 on the subject line.
7 15
8 15
VerDate Sep<11>2014
18:14 Nov 16, 2015
10 15
11 17
Jkt 238001
PO 00000
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f).
Frm 00094
Fmt 4703
12 17
Sfmt 9990
71863
E:\FR\FM\17NON1.SGM
CFR 200.30–3(a)(12).
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Agencies
[Federal Register Volume 80, Number 221 (Tuesday, November 17, 2015)]
[Notices]
[Pages 71862-71863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29229]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-76423; File No. SR-EDGX-2015-55]
Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Related to
Fees
November 10, 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 November 2, 2015, EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\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 EDGX Rules
15.1(a) and (c) (``Fee Schedule'').
---------------------------------------------------------------------------
\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 [sic]. 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).
---------------------------------------------------------------------------
The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant parts of such
statements.
(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to increase the fee for orders yielding fee
code D, which results from an order routed to the New York Stock
Exchange (``NYSE'') or routed using the RDOT routing strategy. In
securities priced at or above $1.00, the Exchange currently assesses a
fee of $0.0027 per share for Members' orders that yield fee code D. The
Exchange proposes to amend its Fee Schedule to increase this fee to
$0.00275 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 NYSE when it does not qualify for a volume tiered reduced
fee. The proposed change is in response to NYSE's November 2015 fee
change where NYSE increased the fee to remove liquidity via routable
order types it charges its customers, from a fee of $0.0027 per share
to a fee of $0.00275 per share.\6\ When BATS Trading routes to NYSE, it
will now be charged a standard rate of $0.00275 per share. BATS Trading
will pass through this rate to the Exchange and the Exchange, in turn,
will pass through of a rate of $0.00275 per share to its Members. The
proposed increase to the fee under fee code D would enable the Exchange
to equitably allocate its costs among all Members utilizing fee code D.
The Exchange proposes to implement this amendment to its Fee Schedule
immediately.
---------------------------------------------------------------------------
\6\ See NYSE Trader Update, Fee Changes Effective November 2,
dated October 30, 2015, available at https://www.nyse.com/publicdocs/nyse/markets/nyse/NYSE_Client_Notice_Fee_Change_11_2015.pdf.
---------------------------------------------------------------------------
In addition to the change proposed above, the Exchange proposes to
change certain references on the Fee Schedule in connection with the
launch of the options exchange operated by the Exchange. First, the
Exchange propose [sic] to modify references in the Unicast Access
section under BATS Connect fees to refer to ``BZX Options'' instead of
``BATS Options''. Second, the Exchange proposes to add reference to
[[Page 71863]]
EDGX Options in the list of Exchange affiliates to which such fees do
not apply.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\7\ in general, and
furthers the objectives of Section 6(b)(4),\8\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and other persons using its
facilities. The Exchange believes that its proposal to increase the fee
for Members' orders that yield fee code D from $0.0027 per share to
$0.00275 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 NYSE through BATS
Trading. As of November 1, 2015 [sic], NYSE amended its fee to remove
liquidity via routable order types it charges its customers, from a fee
of $0.0027 per share to a fee of $0.00275 per share.\9\ Therefore, the
Exchange believes that its proposal to pass through a fee of $0.00275
per share for orders that yield fee code D is equitable and reasonable
because it accounts for the pricing changes on NYSE. In addition, the
proposal allows the Exchange to continue to charge its Members a pass-
through rate for orders that are routed to NYSE. 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. The
Exchange also believes that the changes to add EDGX Options to the list
of affiliates under Unicast Access and the re-naming of BATS Options as
BZX Options is consistent with the Act. Such changes reflect and are in
connection with the launch of EDGX Options but do not result in any
material change to the Exchange's Fee Schedule or impose any new or
different fee.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f.
\8\ 15 U.S.C. 78f(b)(4).
\9\ See supra note 6.
---------------------------------------------------------------------------
(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 the Exchange'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 $0.00275 per share for Members'
orders that yield fee code D would increase intermarket competition
because it offers customers an alternative means to route to NYSE. The
Exchange believes that its proposal would not burden intramarket
competition because the proposed rate would apply uniformly to all
Members.
(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-EDGX-2015-55 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-EDGX-2015-55. 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-EDGX-2015-55 and should be
submitted on or before December 8, 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. 2015-29229 Filed 11-16-15; 8:45 am]
BILLING CODE 8011-01-P