Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of Bats BZX Exchange, Inc., 46725-46728 [2016-16849]
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Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Notices
designates August 29, 2016 as the date
by which the Commission shall either
approve or disapprove or institute
proceedings to determine whether to
disapprove the proposed rule change
(File Number SR–NASDAQ–2016–071).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–16851 Filed 7–15–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–78305; File No. SR–
BatsBZX–2016–36]
Self-Regulatory Organizations; Bats
BZX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change Related to Fees
for Use of Bats BZX Exchange, Inc.
July 12, 2016.
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 1,
2016, Bats BZX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BZX’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II and III
below, which Items have been prepared
by the Exchange. The Exchange has
designated the proposed rule change as
one establishing or changing a member
due, fee, or other charge imposed by the
Exchange under section 19(b)(3)(A)(ii)
of the Act 3 and Rule 19b–4(f)(2)
thereunder,4 which renders the
proposed rule change effective upon
filing with the Commission. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange filed a proposal to
amend the fee schedule applicable to
Members 5 and non-members of the
Exchange pursuant to BZX Rules 15.1(a)
and (c).
The text of the proposed rule change
is available at the Exchange’s Web site
7 17
CFR 200.30–3(a)(31).
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
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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 amend its
fee schedule for its equity options
platform (‘‘BZX Options’’) to: (i) Reduce
the rate for fee code PA, which is
appended to Professional 6 orders in
Penny Pilot Securities; 7 (ii) add a new
tier under footnote 9, Professional
Penny Pilot Add Volume Tiers; (iii) to
modify the criteria for the Customer
Penny Pilot Add Tier 5 under footnote
1; and (iv) to modify the criteria for the
Non-Customer Penny Pilot Take Volume
Tier 1 under footnote 3. Additionally,
the Exchange proposes to rename and
ease the qualifications for the: (i) Firm,
Broker Dealer, and Joint Back Office
Penny Pilot Add Volume Step-Up Tier
under footnote 2; (ii) Firm, Broker
Dealer, and Joint Back Office Non-Penny
Pilot Add Volume Step-Up Tier under
footnote 8; and (iii) the Away Market
Penny Pilot Add Volume Step-Up Tier
under footnote 10. The Exchange also
proposes to ease the criteria for the
NBBO Setter Tier 3 under footnote 4.
Fee Code PA
The Exchange proposes to reduce the
rebate for fee code PA, under which a
Member is currently receiving a rebate
of $0.40 per contract for its Professional
orders in Penny Pilot Securities. The
Exchange proposes to reduce the rebate
for fee code PA from $0.40 per contract
to $0.25 per contract. The Exchange also
6 The term ‘‘Professional’’ applies to any
transaction identified by a Member as such
pursuant to Exchange Rule 16.1.
7 The term ‘‘Penny Pilot Security’’ applies to
those issues that are quoted pursuant to Exchange
Rule 21.5, Interpretation and Policy .01.
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46725
proposes to update the Standard Rate
table to reflect the new rebate.
New Professional Penny Pilot Add
Volume Tier
The Exchange currently offers one tier
under footnote 9, Professional Penny
Pilot Add Volume Tier. Under that tier
(to be renamed Tier 2), a Member
receives a rebate of $0.43 per contract
for its orders that yield fee code PA
where it has a combined ADAV 8 in
Customer 9 and Professional orders
equal to or greater than 0.20% of
average TCV.10 The Exchange now
proposes to add a new tier under
footnote 9 to be named Tier 1, under
which a Member would receive a rebate
of $0.40 per contract for its orders that
yield fee code PA where it has an
ADV 11 equal to or greater than 0.25% of
average TCV. The current tier under
footnote 9 would be renamed Tier 2.
Customer Add Volume Tier 5
Customer orders that add liquidity on
the Exchange in Penny Pilot Securities
yield fee code PY and receive a standard
rebate of $0.25 per contract. In addition,
footnote 1 of the fee schedule currently
sets forth eight different types of
Customer Penny Pilot Add Tiers, each
providing an enhanced rebate ranging
from $0.40 to $0.53 per contract to a
Member’s Customer orders that yield fee
code PY upon satisfying monthly
volume criteria required by the
respective tier.
The Exchange proposes to amend
Customer Add Volume Tier 5 to amend
the qualification criteria for the tier. In
order to qualify for Customer Add
Volume Tier 5 and receive a rebate of
$0.53 per contract, the Exchange
currently requires a Member to: (1) Have
an ADAV in Customer orders equal to
or greater than 0.80% of average TCV;
and (2) have an ADAV in Market
Maker 12 orders equal to or greater than
8 As set forth in the Exchange’s fee schedule,
‘‘ADAV’’ means average daily volume calculated as
the number of contracts added per day.
9 As set forth in the Exchange’s fee schedule, the
term ‘‘Customer’’ applies to any transaction
identified by a Member for clearing in the Customer
range at the Options Clearing Corporation (‘‘OCC’’),
excluding any transaction for a Broker Dealer or a
‘‘Professional’’ as defined in Exchange Rule 16.1.
10 As set forth in the Exchange’s fee schedule,
‘‘TCV’’ means total consolidated volume calculated
as the volume reported by all exchanges to the
consolidated transaction reporting plan for the
month for which the fees apply.
11 As set forth in the Exchange’s fee schedule,
‘‘ADV’’ means average daily volume calculated as
the number of contracts added or removed,
combined, per day.
12 As set forth in the Exchange’s fee schedule, the
term ‘‘Market Maker’’ applies to any transaction
identified by a Member for clearing in the Market
Maker range at the OCC, where such Member is
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0.30% of average TCV. The Exchange
proposes to reduce the first prong of the
qualifying criteria to require a Member
to have an ADAV in Customer orders
equal to or greater than 0.60% of
average TCV. In addition, the Exchange
proposes to add a third prong to the
qualifying criteria to require that the
Member have an ADV equal to or greater
than 0.30% of average TCV on the
Exchange’s equity platform (‘‘BZX
Equities’’). The Exchange notes that no
changes are required to the Standard
Rates table of the fee schedule in
connection with the changes to footnote
1.
Step-Up Tier Amendments
The Exchange proposes to rename and
ease the qualifications for the: (i) Firm,
Broker Dealer, and Joint Back Office
Penny Pilot Add Volume Step-Up Tier
under footnote 2; (ii) Firm, Broker
Dealer, and Joint Back Office Non-Penny
Pilot Add Volume Step-Up Tier under
footnote 8; and (iii) the Away Market
Penny Pilot Add Volume Step-Up Tier
under footnote 10. The Exchange also
proposes to ease the criteria for the
NBBO Setter Tier 3 under footnote 4.
Each of the above tiers include the same
criteria under which a Member must
have an: (i) Options Step-Up Add
TCV 14 in Non-Customer orders from
March 2015 baseline equal to or greater
than 0.15%; and (ii) ADAV in Away
Market Maker/Firm/Broker-Dealer/Joint
Back Office orders equal to or greater
than 0.30% of average TCV. Upon
satisfying the tier’s criteria, the Member
would receive an enhanced rebate of
$0.43 per contract, $0.67 per contract,
$0.43 per contract, and $0.04 per
contract under the Firm, Broker Dealer,
and Joint Back Office Penny Pilot Add
Volume Step-Up Tier, Firm, Broker
Dealer, and Joint Back Office Non-Penny
Pilot Add Volume Step-Up Tier, the
Away Market Penny Pilot Add Volume
Step-Up Tier, and the NBBO Setter Tier
3, respectively.
The Exchange now proposes to ease
the first prong of each of the above tier’s
criteria by replacing the requirement
that the Member have an Options StepUp Add TCV in Non-Customer orders
from March 2015 baseline equal to or
greater than 0.15% with a new
requirement that the Member have an
ADV equal to or greater than 0.40% of
average TCV. The Exchange does not
propose to amend the second prong of
each of the above tiers as Members
would continue to be required to have
an ADAV in Away Market Maker/Firm/
Broker-Dealer/Joint Back Office orders
equal to or greater than 0.30% of
average TCV.
In light of removing the monthly
baseline step-up requirement, the
Exchange proposes to rename the Firm,
Broker Dealer, and Joint Back Office
Penny Pilot Add Volume Step-Up Tier,
the Firm, Broker Dealer, and Joint Back
Office Non-Penny Pilot Add Volume
Step-Up Tier, and the Away Market
Penny Pilot Add Volume Step-Up Tier
as follows:
• The Firm, Broker Dealer, and Joint
Back Office Penny Pilot Add Volume
Step-Up Tier would be renamed as the
‘‘the Firm, Broker Dealer, and Joint Back
Office Penny Pilot Add Volume Tier 2’’;
• the Firm, Broker Dealer, and Joint
Back Office Non-Penny Pilot Add
Volume Step-Up Tier would be renamed
as the ‘‘the Firm, Broker Dealer, and
registered with the Exchange as a Market Maker as
defined in Rule 16.1(a)(37).
13 As set forth in the Exchange’s fee schedule, the
term ‘‘Non-Customer’’ applies to any transaction
that is not a Customer order.
14 As set forth in the Exchange’s fee schedule,
‘‘Options Step-Up TCV’’ means ‘‘ADAV as a
percentage of TCV in the relevant baseline month
subtracted from current ADAV as a percentage of
TCV.’’
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Non-Customer Add Volume Tier 1
Non-Customer 13 orders that remove
liquidity from the Exchange in Penny
Pilot Securities yield fee code PP and
are charged a standard fee of $0.50 per
contract. In addition, footnote 3 of the
fee schedule currently sets forth four
[sic] different types of Non-Customer
Penny Pilot Take Volume Tiers, each
providing a reduced fee ranging from
$0.44 to $0.47 per contract to a
Member’s Non-Customer orders that
yield fee code PP upon satisfying
monthly volume criteria required by the
respective tier.
The Exchange proposes to amend the
Non-Customer Take Volume Tier 1 to
amend the qualification criteria for the
tier. In order to qualify for current NonCustomer Take Volume Tier 1, the
Exchange currently requires a Member
to: (1) Have an ADAV in Customer
orders equal to or greater than 0.80% of
average TCV; and (2) have an ADAV in
Market Maker orders equal to or greater
than 0.30% of average TCV. The
Exchange proposes to reduce the first
prong of the qualifying criteria to
require a Member have an ADAV in
Customer orders equal to or greater than
0.60% of average TCV. In addition, the
Exchange proposes to add a third prong
to the qualifying criteria to require that
the Member have an ADV equal to or
greater than 0.30% of average TCV on
BZX Equities. The Exchange notes that
no changes are required to the Standard
Rates table of the fee schedule in
connection with the changes to footnote
3.
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Joint Back Office Non-Penny Pilot Add
Volume Tier 3’’; and
• the Away Market Penny Pilot Add
Volume Step-Up Tier would be renamed
as the ‘‘the Away Market Penny Pilot
Add Volume Tier 3’’.
The Exchange does not propose to
amend the name of the NBBO Setter
Tier 3.
Implementation Date
The Exchange proposes to implement
these amendments to its fee schedule
July 1, 2016.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the objectives of section 6 of the Act,15
in general, and furthers the objectives of
section 6(b)(4),16 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 also notes that it operates in
a highly-competitive market in which
market participants can readily direct
order flow to competing venues if they
deem fee levels at a particular venue to
be excessive. The proposed rule change
reflects a competitive pricing structure
designed to incentivize market
participants to direct their order flow to
the Exchange. The Exchange believes
that the proposed tier is equitable and
non-discriminatory in that it would
apply uniformly to all Members. The
Exchange believes the rates remain
competitive with those charged by other
venues and, therefore, are reasonable
and equitably allocated to Members.
The Exchange believes that its
proposal to change the standard fee
charged for Professional orders under
fee code PA is reasonable, fair and
equitable and non-discriminatory,
because the change will apply equally to
all participants, and because, while the
change marks a decrease in the rebate
for Professional orders in Penny Pilot
Securities, such proposed rebate
remains consistent with pricing
previously offered by the Exchange as
well as competitors of the Exchange and
does not represent a significant
departure from the Exchange’s general
pricing structure and will allow the
Exchange to earn additional revenue
that can be used to offset the addition
of new pricing incentives, such as the
new Professional Penny Pilot Add
Volume Tier introduced as part of this
proposal.
The Exchange believes that the
proposed modifications to the tiered
15 15
16 15
E:\FR\FM\18JYN1.SGM
U.S.C. 78f.
U.S.C. 78f(b)(4).
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Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Notices
pricing structure are reasonable, fair and
equitable, and non-discriminatory. The
Exchange operates in a highly
competitive market in which market
participants may readily send order
flow to many competing venues if they
deem fees at the Exchange to be
excessive. The proposed fee structure
remains intended to attract order flow to
the Exchange by offering market
participants a competitive pricing
structure. The Exchange believes it is
reasonable to offer and incrementally
modify incentives intended to help to
contribute to the growth of the
Exchange.
Volume-based rebates such as that
proposed herein have been widely
adopted by exchanges, including the
Exchange, and are equitable because
they are open to all Members on an
equal basis and provide additional
benefits or discounts that are reasonably
related to: (i) The value to an exchange’s
market quality; (ii) associated higher
levels of market activity, such as higher
levels of liquidity provisions and/or
growth patterns; and (iii) introduction of
higher volumes of orders into the price
and volume discovery processes.
The proposed addition of an
additional Professional Penny Pilot Add
Volume Tier is broadly intended to
incentivize participants to increase their
participation on the Exchange, which
will increase the liquidity and market
quality on the Exchange. Thus, the
Exchange believes that the proposed tier
is reasonable, fair and equitable, and
non-discriminatory, for the reasons set
forth above with respect to volumebased pricing generally and because
such changes will incentivize
participants to further contribute to
market quality. The Exchange also
believes the rebate of $0.40 per contract
is reasonable as compared to the
existing tier under footnote 9. Currently,
to receive a rebate of $0.43 per contract
for orders that yield fee code PA, the
Member must have a combined ADAV
in Customer and Professional orders
equal to or greater than 0.20% of
average TCV. Under the proposed tier,
the Member would receive a rebate of
$0.40 per contract for its orders that
yield fee code PA where it has an ADV
equal to or greater than 0.25% of
average TCV. The Exchange, therefore,
believes that the lower rebate is
equitable and reasonable as it correlates
to the proposed tier’s pricing structure
and the criteria necessary to achieve the
existing tier under footnote 9.
The proposed modifications to the
criteria required to qualify for current
Customer Add Volume Tier 5 and NonCustomer Penny Pilot Take Volume Tier
1 are intended to incentivize additional
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Members to send Customer orders and/
or Market Maker orders to the Exchange
in an effort to qualify for the enhanced
rebate or lower fee made available by
the tiers. The Exchange believes that the
proposal to require that the Member
have an ADV equal to or greater than
0.30% of average TCV on BZX Equities
under both tiers is a reasonable, fair and
equitable, and not unfairly
discriminatory allocation of fees and
rebates because it will provide Members
with an additional incentive to reach
certain thresholds on both BZX Options
and BZX Equities. The increased
liquidity from this proposal also
benefits all investors by deepening the
BZX Options and BZX Equities liquidity
pools, offering additional flexibility for
all investors to enjoy cost savings,
supporting the quality of price
discovery, promoting market
transparency and improving investor
protection. Such pricing programs
thereby reward a Member’s growth
pattern on the Exchange and such
increased volume increases potential
revenue to the Exchange, and will allow
the Exchange to continue to provide and
potentially expand the incentive
programs operated by the Exchange. To
the extent a Member participates on
BZX Options and not BZX Equities, the
Exchange believes that the proposal is
still reasonable, equitably allocated and
non-discriminatory with respect to such
Member based on the overall benefit to
the Exchange resulting from the success
of BZX Options. As noted above, such
success allows the Exchange to continue
to provide and potentially expand its
existing incentive programs to the
benefit of all participants on the
Exchange, whether they participate on
BZX Options or not. The proposed
pricing program is also fair and
equitable in that membership in BZX
Options is available to all market
participants which would provide them
with access to the benefits on BZX
Options provided by the proposed
changes, as described above, even where
a member of BZX Options is not
necessarily eligible for the proposed
increased rebates on the Exchange.
Further, the proposed changes will
result in Members receiving either the
same or an increased rebate than they
would currently receive.
The proposed amendments to the
Firm, Broker Dealer, and Joint Back
Office Penny Pilot Add Volume Step-Up
Tier, Firm, Broker Dealer, and Joint
Back Office Non-Penny Pilot Add
Volume Step-Up Tier, Away Market
Penny Pilot Add Volume Step-Up Tier
and, the NBBO Setter Tier 3 are also are
intended to incentivize additional
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46727
Members to send orders to the Exchange
in an effort to qualify for the enhanced
rebate made available by the tiers. The
Exchange notes that requiring
improvement over a March 2015
baseline has become outdated and has
prevented Members from seeking to
achieve each tier’s criteria. Therefore,
the Exchange believes it is equitable and
reasonable to replace the current March
2015 baseline with a requirement that
Members have an ADV equal to or
greater than 0.40% of average TCV. The
Exchange believes the proposed change
to each tier’s criteria is consistent with
the Act. The Exchange also believes
renaming the Firm, Broker Dealer, and
Joint Back Office Penny Pilot Add
Volume Step-Up Tier, the Firm, Broker
Dealer, and Joint Back Office Non-Penny
Pilot Add Volume Step-Up Tier, and the
Away Market Penny Pilot Add Volume
Step-Up Tier is also reasonable because
each tier would no longer require a stepup in volume based on a March 2015
baseline.
(B) Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange believes the proposed
amendment to its fee schedule would
not impose any burden on competition
that is not necessary or appropriate in
furtherance of the purposes of the Act.
The Exchange does not believe that the
proposed change represents a significant
departure from previous pricing offered
by the Exchange or pricing offered by
the Exchange’s competitors.
Additionally, Members may opt to
disfavor the Exchange’s pricing if they
believe that alternatives offer them
better value. Accordingly, the Exchange
does not believe that the proposed
change will impair the ability of
Members or competing venues to
maintain their competitive standing in
the financial markets. The Exchange
does not believe that the proposed
change to the Exchange’s tiered pricing
structure burdens competition, but
instead, enhances competition as it is
intended to increase the
competitiveness of the Exchange. The
Exchange also believes the proposal
enhances competition by seeking to
draw additional volume to both BZX
Equities and BZX Options. Therefore,
the Exchange believes that the
amendment to the tiers’ thresholds
contributes to, rather than burdens
competition, as such change is intended
to incentivize participants to increase
their participation on the Exchange.
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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 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 17 and paragraph (f) of Rule
19b–4 thereunder.18 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:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
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–
BatsBZX–2016–36 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–BatsBZX–2016–36. 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 will also be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–
BatsBZX–2016–36 and should be
submitted on or before August 8, 2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–16849 Filed 7–15–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–78295; File No. SR–ISE–
2016–16]
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change To Extend the SPY Pilot
Program
July 12, 2016.
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 7,
2016, the International Securities
Exchange, LLC (the ‘‘Exchange’’ or the
‘‘ISE’’) filed with the Securities and
Exchange Commission (‘‘Commission’’)
the proposed rule change as described
in Items I and II 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.
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The ISE proposes to amend its rules
to extend the pilot program that
19 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
17 15
U.S.C. 78s(b)(3)(A).
18 17 CFR 240.19b–4(f).
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eliminated position and exercise limits
for physically-settled options on the
SPDR S&P ETF Trust (‘‘SPY’’) (‘‘SPY
Pilot Program’’). The text of the
proposed rule change is available on the
Exchange’s Web site (https://
www.ise.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 these statements may be examined at
the places specified in Item IV below.
The self-regulatory organization has
prepared summaries, set forth in
sections A, B and C below, of the most
significant aspects of such statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend
Supplementary Material .01 to Rule 412
and Supplementary Material .01 to Rule
414 to extend the duration of the SPY
Pilot Program through July 12, 2017.
This filing does not propose any
substantive changes to the SPY Pilot
Program. In proposing to extend the
SPY Pilot Program, the Exchange
reaffirms its consideration of several
factors that supported the original
proposal of the SPY Pilot Program,
including (1) the liquidity of the option
and the underlying security, (2) the
market capitalization of the underlying
security and the related index, (3) the
reporting of large positions and
requirements surrounding margin, and
(4) financial requirements imposed by
ISE and the Commission.
With this proposed extension to the
SPY Pilot Program, the Exchange has
submitted a report to the Commission
reflecting the trading of standardized
SPY options without position limits
from January through May 2016. The
report was prepared in the manner
specified in the filing extending the SPY
Pilot Program to the current pilot end
date of July 12, 2016. The Exchange
notes that it is unaware of any problems
created by the SPY Pilot Program and
does not foresee any as a result of the
proposed extension. The proposed
extension will allow the Exchange and
the Commission to further evaluate the
E:\FR\FM\18JYN1.SGM
18JYN1
Agencies
[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)]
[Notices]
[Pages 46725-46728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16849]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-78305; File No. SR-BatsBZX-2016-36]
Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Related to
Fees for Use of Bats BZX Exchange, Inc.
July 12, 2016.
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 1, 2016, Bats BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A)(ii).
\4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange filed a proposal to amend the fee schedule applicable
to Members \5\ and non-members of the Exchange pursuant to BZX Rules
15.1(a) and (c).
---------------------------------------------------------------------------
\5\ The term ``Member'' is defined as ``any registered broker or
dealer that has been admitted to membership in the Exchange.'' See
Exchange Rule 1.5(n).
---------------------------------------------------------------------------
The text of the proposed rule change is available at the Exchange's
Web site at www.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 amend its fee schedule for its equity
options platform (``BZX Options'') to: (i) Reduce the rate for fee code
PA, which is appended to Professional \6\ orders in Penny Pilot
Securities; \7\ (ii) add a new tier under footnote 9, Professional
Penny Pilot Add Volume Tiers; (iii) to modify the criteria for the
Customer Penny Pilot Add Tier 5 under footnote 1; and (iv) to modify
the criteria for the Non-Customer Penny Pilot Take Volume Tier 1 under
footnote 3. Additionally, the Exchange proposes to rename and ease the
qualifications for the: (i) Firm, Broker Dealer, and Joint Back Office
Penny Pilot Add Volume Step-Up Tier under footnote 2; (ii) Firm, Broker
Dealer, and Joint Back Office Non-Penny Pilot Add Volume Step-Up Tier
under footnote 8; and (iii) the Away Market Penny Pilot Add Volume
Step-Up Tier under footnote 10. The Exchange also proposes to ease the
criteria for the NBBO Setter Tier 3 under footnote 4.
---------------------------------------------------------------------------
\6\ The term ``Professional'' applies to any transaction
identified by a Member as such pursuant to Exchange Rule 16.1.
\7\ The term ``Penny Pilot Security'' applies to those issues
that are quoted pursuant to Exchange Rule 21.5, Interpretation and
Policy .01.
---------------------------------------------------------------------------
Fee Code PA
The Exchange proposes to reduce the rebate for fee code PA, under
which a Member is currently receiving a rebate of $0.40 per contract
for its Professional orders in Penny Pilot Securities. The Exchange
proposes to reduce the rebate for fee code PA from $0.40 per contract
to $0.25 per contract. The Exchange also proposes to update the
Standard Rate table to reflect the new rebate.
New Professional Penny Pilot Add Volume Tier
The Exchange currently offers one tier under footnote 9,
Professional Penny Pilot Add Volume Tier. Under that tier (to be
renamed Tier 2), a Member receives a rebate of $0.43 per contract for
its orders that yield fee code PA where it has a combined ADAV \8\ in
Customer \9\ and Professional orders equal to or greater than 0.20% of
average TCV.\10\ The Exchange now proposes to add a new tier under
footnote 9 to be named Tier 1, under which a Member would receive a
rebate of $0.40 per contract for its orders that yield fee code PA
where it has an ADV \11\ equal to or greater than 0.25% of average TCV.
The current tier under footnote 9 would be renamed Tier 2.
---------------------------------------------------------------------------
\8\ As set forth in the Exchange's fee schedule, ``ADAV'' means
average daily volume calculated as the number of contracts added per
day.
\9\ As set forth in the Exchange's fee schedule, the term
``Customer'' applies to any transaction identified by a Member for
clearing in the Customer range at the Options Clearing Corporation
(``OCC''), excluding any transaction for a Broker Dealer or a
``Professional'' as defined in Exchange Rule 16.1.
\10\ As set forth in the Exchange's fee schedule, ``TCV'' means
total consolidated volume calculated as the volume reported by all
exchanges to the consolidated transaction reporting plan for the
month for which the fees apply.
\11\ As set forth in the Exchange's fee schedule, ``ADV'' means
average daily volume calculated as the number of contracts added or
removed, combined, per day.
---------------------------------------------------------------------------
Customer Add Volume Tier 5
Customer orders that add liquidity on the Exchange in Penny Pilot
Securities yield fee code PY and receive a standard rebate of $0.25 per
contract. In addition, footnote 1 of the fee schedule currently sets
forth eight different types of Customer Penny Pilot Add Tiers, each
providing an enhanced rebate ranging from $0.40 to $0.53 per contract
to a Member's Customer orders that yield fee code PY upon satisfying
monthly volume criteria required by the respective tier.
The Exchange proposes to amend Customer Add Volume Tier 5 to amend
the qualification criteria for the tier. In order to qualify for
Customer Add Volume Tier 5 and receive a rebate of $0.53 per contract,
the Exchange currently requires a Member to: (1) Have an ADAV in
Customer orders equal to or greater than 0.80% of average TCV; and (2)
have an ADAV in Market Maker \12\ orders equal to or greater than
[[Page 46726]]
0.30% of average TCV. The Exchange proposes to reduce the first prong
of the qualifying criteria to require a Member to have an ADAV in
Customer orders equal to or greater than 0.60% of average TCV. In
addition, the Exchange proposes to add a third prong to the qualifying
criteria to require that the Member have an ADV equal to or greater
than 0.30% of average TCV on the Exchange's equity platform (``BZX
Equities''). The Exchange notes that no changes are required to the
Standard Rates table of the fee schedule in connection with the changes
to footnote 1.
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\12\ As set forth in the Exchange's fee schedule, the term
``Market Maker'' applies to any transaction identified by a Member
for clearing in the Market Maker range at the OCC, where such Member
is registered with the Exchange as a Market Maker as defined in Rule
16.1(a)(37).
---------------------------------------------------------------------------
Non-Customer Add Volume Tier 1
Non-Customer \13\ orders that remove liquidity from the Exchange in
Penny Pilot Securities yield fee code PP and are charged a standard fee
of $0.50 per contract. In addition, footnote 3 of the fee schedule
currently sets forth four [sic] different types of Non-Customer Penny
Pilot Take Volume Tiers, each providing a reduced fee ranging from
$0.44 to $0.47 per contract to a Member's Non-Customer orders that
yield fee code PP upon satisfying monthly volume criteria required by
the respective tier.
---------------------------------------------------------------------------
\13\ As set forth in the Exchange's fee schedule, the term
``Non-Customer'' applies to any transaction that is not a Customer
order.
---------------------------------------------------------------------------
The Exchange proposes to amend the Non-Customer Take Volume Tier 1
to amend the qualification criteria for the tier. In order to qualify
for current Non-Customer Take Volume Tier 1, the Exchange currently
requires a Member to: (1) Have an ADAV in Customer orders equal to or
greater than 0.80% of average TCV; and (2) have an ADAV in Market Maker
orders equal to or greater than 0.30% of average TCV. The Exchange
proposes to reduce the first prong of the qualifying criteria to
require a Member have an ADAV in Customer orders equal to or greater
than 0.60% of average TCV. In addition, the Exchange proposes to add a
third prong to the qualifying criteria to require that the Member have
an ADV equal to or greater than 0.30% of average TCV on BZX Equities.
The Exchange notes that no changes are required to the Standard Rates
table of the fee schedule in connection with the changes to footnote 3.
Step-Up Tier Amendments
The Exchange proposes to rename and ease the qualifications for
the: (i) Firm, Broker Dealer, and Joint Back Office Penny Pilot Add
Volume Step-Up Tier under footnote 2; (ii) Firm, Broker Dealer, and
Joint Back Office Non-Penny Pilot Add Volume Step-Up Tier under
footnote 8; and (iii) the Away Market Penny Pilot Add Volume Step-Up
Tier under footnote 10. The Exchange also proposes to ease the criteria
for the NBBO Setter Tier 3 under footnote 4. Each of the above tiers
include the same criteria under which a Member must have an: (i)
Options Step-Up Add TCV \14\ in Non-Customer orders from March 2015
baseline equal to or greater than 0.15%; and (ii) ADAV in Away Market
Maker/Firm/Broker-Dealer/Joint Back Office orders equal to or greater
than 0.30% of average TCV. Upon satisfying the tier's criteria, the
Member would receive an enhanced rebate of $0.43 per contract, $0.67
per contract, $0.43 per contract, and $0.04 per contract under the
Firm, Broker Dealer, and Joint Back Office Penny Pilot Add Volume Step-
Up Tier, Firm, Broker Dealer, and Joint Back Office Non-Penny Pilot Add
Volume Step-Up Tier, the Away Market Penny Pilot Add Volume Step-Up
Tier, and the NBBO Setter Tier 3, respectively.
---------------------------------------------------------------------------
\14\ As set forth in the Exchange's fee schedule, ``Options
Step-Up TCV'' means ``ADAV as a percentage of TCV in the relevant
baseline month subtracted from current ADAV as a percentage of
TCV.''
---------------------------------------------------------------------------
The Exchange now proposes to ease the first prong of each of the
above tier's criteria by replacing the requirement that the Member have
an Options Step-Up Add TCV in Non-Customer orders from March 2015
baseline equal to or greater than 0.15% with a new requirement that the
Member have an ADV equal to or greater than 0.40% of average TCV. The
Exchange does not propose to amend the second prong of each of the
above tiers as Members would continue to be required to have an ADAV in
Away Market Maker/Firm/Broker-Dealer/Joint Back Office orders equal to
or greater than 0.30% of average TCV.
In light of removing the monthly baseline step-up requirement, the
Exchange proposes to rename the Firm, Broker Dealer, and Joint Back
Office Penny Pilot Add Volume Step-Up Tier, the Firm, Broker Dealer,
and Joint Back Office Non-Penny Pilot Add Volume Step-Up Tier, and the
Away Market Penny Pilot Add Volume Step-Up Tier as follows:
The Firm, Broker Dealer, and Joint Back Office Penny Pilot
Add Volume Step-Up Tier would be renamed as the ``the Firm, Broker
Dealer, and Joint Back Office Penny Pilot Add Volume Tier 2'';
the Firm, Broker Dealer, and Joint Back Office Non-Penny
Pilot Add Volume Step-Up Tier would be renamed as the ``the Firm,
Broker Dealer, and Joint Back Office Non-Penny Pilot Add Volume Tier
3''; and
the Away Market Penny Pilot Add Volume Step-Up Tier would
be renamed as the ``the Away Market Penny Pilot Add Volume Tier 3''.
The Exchange does not propose to amend the name of the NBBO Setter Tier
3.
Implementation Date
The Exchange proposes to implement these amendments to its fee
schedule July 1, 2016.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the objectives of section 6 of the Act,\15\ in general, and
furthers the objectives of section 6(b)(4),\16\ 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 also notes that it operates in a highly-
competitive market in which market participants can readily direct
order flow to competing venues if they deem fee levels at a particular
venue to be excessive. The proposed rule change reflects a competitive
pricing structure designed to incentivize market participants to direct
their order flow to the Exchange. The Exchange believes that the
proposed tier is equitable and non-discriminatory in that it would
apply uniformly to all Members. The Exchange believes the rates remain
competitive with those charged by other venues and, therefore, are
reasonable and equitably allocated to Members.
---------------------------------------------------------------------------
\15\ 15 U.S.C. 78f.
\16\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
The Exchange believes that its proposal to change the standard fee
charged for Professional orders under fee code PA is reasonable, fair
and equitable and non-discriminatory, because the change will apply
equally to all participants, and because, while the change marks a
decrease in the rebate for Professional orders in Penny Pilot
Securities, such proposed rebate remains consistent with pricing
previously offered by the Exchange as well as competitors of the
Exchange and does not represent a significant departure from the
Exchange's general pricing structure and will allow the Exchange to
earn additional revenue that can be used to offset the addition of new
pricing incentives, such as the new Professional Penny Pilot Add Volume
Tier introduced as part of this proposal.
The Exchange believes that the proposed modifications to the tiered
[[Page 46727]]
pricing structure are reasonable, fair and equitable, and non-
discriminatory. The Exchange operates in a highly competitive market in
which market participants may readily send order flow to many competing
venues if they deem fees at the Exchange to be excessive. The proposed
fee structure remains intended to attract order flow to the Exchange by
offering market participants a competitive pricing structure. The
Exchange believes it is reasonable to offer and incrementally modify
incentives intended to help to contribute to the growth of the
Exchange.
Volume-based rebates such as that proposed herein have been widely
adopted by exchanges, including the Exchange, and are equitable because
they are open to all Members on an equal basis and provide additional
benefits or discounts that are reasonably related to: (i) The value to
an exchange's market quality; (ii) associated higher levels of market
activity, such as higher levels of liquidity provisions and/or growth
patterns; and (iii) introduction of higher volumes of orders into the
price and volume discovery processes.
The proposed addition of an additional Professional Penny Pilot Add
Volume Tier is broadly intended to incentivize participants to increase
their participation on the Exchange, which will increase the liquidity
and market quality on the Exchange. Thus, the Exchange believes that
the proposed tier is reasonable, fair and equitable, and non-
discriminatory, for the reasons set forth above with respect to volume-
based pricing generally and because such changes will incentivize
participants to further contribute to market quality. The Exchange also
believes the rebate of $0.40 per contract is reasonable as compared to
the existing tier under footnote 9. Currently, to receive a rebate of
$0.43 per contract for orders that yield fee code PA, the Member must
have a combined ADAV in Customer and Professional orders equal to or
greater than 0.20% of average TCV. Under the proposed tier, the Member
would receive a rebate of $0.40 per contract for its orders that yield
fee code PA where it has an ADV equal to or greater than 0.25% of
average TCV. The Exchange, therefore, believes that the lower rebate is
equitable and reasonable as it correlates to the proposed tier's
pricing structure and the criteria necessary to achieve the existing
tier under footnote 9.
The proposed modifications to the criteria required to qualify for
current Customer Add Volume Tier 5 and Non-Customer Penny Pilot Take
Volume Tier 1 are intended to incentivize additional Members to send
Customer orders and/or Market Maker orders to the Exchange in an effort
to qualify for the enhanced rebate or lower fee made available by the
tiers. The Exchange believes that the proposal to require that the
Member have an ADV equal to or greater than 0.30% of average TCV on BZX
Equities under both tiers is a reasonable, fair and equitable, and not
unfairly discriminatory allocation of fees and rebates because it will
provide Members with an additional incentive to reach certain
thresholds on both BZX Options and BZX Equities. The increased
liquidity from this proposal also benefits all investors by deepening
the BZX Options and BZX Equities liquidity pools, offering additional
flexibility for all investors to enjoy cost savings, supporting the
quality of price discovery, promoting market transparency and improving
investor protection. Such pricing programs thereby reward a Member's
growth pattern on the Exchange and such increased volume increases
potential revenue to the Exchange, and will allow the Exchange to
continue to provide and potentially expand the incentive programs
operated by the Exchange. To the extent a Member participates on BZX
Options and not BZX Equities, the Exchange believes that the proposal
is still reasonable, equitably allocated and non-discriminatory with
respect to such Member based on the overall benefit to the Exchange
resulting from the success of BZX Options. As noted above, such success
allows the Exchange to continue to provide and potentially expand its
existing incentive programs to the benefit of all participants on the
Exchange, whether they participate on BZX Options or not. The proposed
pricing program is also fair and equitable in that membership in BZX
Options is available to all market participants which would provide
them with access to the benefits on BZX Options provided by the
proposed changes, as described above, even where a member of BZX
Options is not necessarily eligible for the proposed increased rebates
on the Exchange. Further, the proposed changes will result in Members
receiving either the same or an increased rebate than they would
currently receive.
The proposed amendments to the Firm, Broker Dealer, and Joint Back
Office Penny Pilot Add Volume Step-Up Tier, Firm, Broker Dealer, and
Joint Back Office Non-Penny Pilot Add Volume Step-Up Tier, Away Market
Penny Pilot Add Volume Step-Up Tier and, the NBBO Setter Tier 3 are
also are intended to incentivize additional Members to send orders to
the Exchange in an effort to qualify for the enhanced rebate made
available by the tiers. The Exchange notes that requiring improvement
over a March 2015 baseline has become outdated and has prevented
Members from seeking to achieve each tier's criteria. Therefore, the
Exchange believes it is equitable and reasonable to replace the current
March 2015 baseline with a requirement that Members have an ADV equal
to or greater than 0.40% of average TCV. The Exchange believes the
proposed change to each tier's criteria is consistent with the Act. The
Exchange also believes renaming the Firm, Broker Dealer, and Joint Back
Office Penny Pilot Add Volume Step-Up Tier, the Firm, Broker Dealer,
and Joint Back Office Non-Penny Pilot Add Volume Step-Up Tier, and the
Away Market Penny Pilot Add Volume Step-Up Tier is also reasonable
because each tier would no longer require a step-up in volume based on
a March 2015 baseline.
(B) Self-Regulatory Organization's Statement on Burden on Competition
The Exchange believes the proposed amendment to its fee schedule
would not impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
does not believe that the proposed change represents a significant
departure from previous pricing offered by the Exchange or pricing
offered by the Exchange's competitors. Additionally, Members may opt to
disfavor the Exchange's pricing if they believe that alternatives offer
them better value. Accordingly, the Exchange does not believe that the
proposed change will impair the ability of Members or competing venues
to maintain their competitive standing in the financial markets. The
Exchange does not believe that the proposed change to the Exchange's
tiered pricing structure burdens competition, but instead, enhances
competition as it is intended to increase the competitiveness of the
Exchange. The Exchange also believes the proposal enhances competition
by seeking to draw additional volume to both BZX Equities and BZX
Options. Therefore, the Exchange believes that the amendment to the
tiers' thresholds contributes to, rather than burdens competition, as
such change is intended to incentivize participants to increase their
participation on the Exchange.
[[Page 46728]]
(C) Self-Regulatory Organization's Statement on Comments on the
Proposed Rule Change Received From Members, Participants or Others
The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective pursuant to section
19(b)(3)(A) of the Act \17\ and paragraph (f) of Rule 19b-4
thereunder.\18\ 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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\17\ 15 U.S.C. 78s(b)(3)(A).
\18\ 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-BatsBZX-2016-36 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-BatsBZX-2016-36. 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 will also be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BatsBZX-2016-36 and should
be submitted on or before August 8, 2016.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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\19\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-16849 Filed 7-15-16; 8:45 am]
BILLING CODE 8011-01-P