Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Logical Port Fees, 54904-54905 [2016-19574]
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54904
Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.52
Robert W. Errett,
Deputy Secretary.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
Implementation Date
The Exchange proposes to implement
these amendments to its fee schedule on
August 1, 2016.
[FR Doc. 2016–19587 Filed 8–16–16; 8:45 am]
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.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the requirements of the Act and the
rules and regulations thereunder that
are applicable to a national securities
exchange, and, in particular, with the
requirements of Section 6 of the Act.6
Specifically, the Exchange believes that
the proposed rule change is consistent
with Section 6(b)(4) of the Act,7 in that
it provides for the equitable allocation
of reasonable dues, fees and other
charges among members and other
persons using any facility or system
which the Exchange operates or
controls. The proposed rule change
seeks to provide clarity to subscribers
regarding the Exchange’s pro-rata billing
policy for logical ports by describing
how logical port fees may be pro-rated
for a new request and upon
cancellation. The Exchange believes that
the proposed pro-rata billing of fees for
logical ports is reasonable in that it is
similar to how port fees are pro-rated by
the Nasdaq Stock Market LLC
(‘‘Nasdaq’’).8
The Exchange operates in a highly
competitive market in which exchanges
offer connectivity services as a means to
facilitate the trading activities of
Members and other participants.
Accordingly, fees charged for
connectivity are constrained by the
active competition for the order flow of
such participants as well as demand for
market data from the Exchange. If a
particular exchange charges excessive
fees for connectivity, affected Members
will opt to terminate their connectivity
arrangements with that exchange, and
adopt a possible range of alternative
strategies, including routing to the
applicable exchange through another
participant or market center or taking
that exchange’s data indirectly.
Accordingly, an exchange charging
excessive fees would stand to lose not
only connectivity revenues, but also
revenues associated with the execution
of orders routed to it by affected
members, and, to the extent applicable,
market data revenues. The Exchange
believes that this competitive dynamic
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–78543; File No. SR–
BatsBZX–2016–45]
Self-Regulatory Organizations; Bats
BZX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change Related to
Logical Port Fees
August 11, 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 29,
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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
mstockstill on DSK3G9T082PROD with NOTICES
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
at www.batstrading.com, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
52 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
VerDate Sep<11>2014
16:39 Aug 16, 2016
Jkt 238001
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend its
fee schedule to modify the billing policy
for the logical port fees. The Exchange
currently charges for logical ports
(including Multicast PITCH Spin Server
and GRP ports) $500 per port per
month. A logical port represents a port
established by the Exchange within the
Exchange’s system for trading and
billing purposes. Each logical port
established is specific to a Member or
non-Member and grants that Member or
non-Member the ability to operate a
specific application, such as FIX order
entry or PITCH data receipt. The
Exchange’s Multicast PITCH data feed is
available from two primary feeds,
identified as the ‘‘A feed’’ and the ‘‘C
feed’’, which contain the same
information but differ only in the way
such feeds are received. The Exchange
also offers two redundant feeds,
identified as the ‘‘B feed’’ and the ‘‘D
feed’’. Logical port fees are limited to
logical ports in the Exchange’s primary
data center and no logical port fees are
assessed for redundant secondary data
center ports. The Exchange assesses the
monthly per logical port fees to all
Member’s and non-Member’s logical
ports.
The Exchange proposes to clarify
within its fee schedule how monthly
fees for logical ports may be pro-rated.
As proposed, new requests will be prorated for the first month of service.
Cancellation requests are billed in full
month increments as firms are required
to pay for the service for the remainder
of the month, unless the session is
terminated within the first month of
service.
PO 00000
Frm 00119
Fmt 4703
Sfmt 4703
6 15
U.S.C. 78f.
U.S.C. 78f(b)(4).
8 See Nasdaq Price List—Trade Connectivity
available at https://www.nasdaqtrader.com/
Trader.aspx?id=PriceListTrading2#connectivity.
The Exchange notes that, unlike as proposed by the
Exchange, Nasdaq does not pro-rate where the
session is terminated within the first month of
service.
7 15
E:\FR\FM\17AUN1.SGM
17AUN1
Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Notices
IV. Solicitation of Comments
imposes powerful restraints on the
ability of any exchange to charge
unreasonable fees for connectivity.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange believes its 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
in that it is simply designed to set forth
the Exchange’s pro-rata billing for
logical ports and is similar to that
currently offered by one of the
Exchange’s competitors.9 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 believes that fees for
connectivity are constrained by the
robust competition for order flow among
exchanges and non-exchange markets.
Further, excessive fees for connectivity,
including logical port fees, would serve
to impair an exchange’s ability to
compete for order flow rather than
burdening competition. The Exchange
also does not believe the proposed rule
change would impact intramarket
competition as it would apply to all
Members and non-Members equally.
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.
mstockstill on DSK3G9T082PROD with NOTICES
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.
9 Id.
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–2016–45 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–2016–45. 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 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–2016–45, and should be
submitted on or before September 7,
2016.
10 15
U.S.C. 78s(b)(3)(A).
11 17 CFR 240.19b–4(f).
VerDate Sep<11>2014
16:39 Aug 16, 2016
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–19574 Filed 8–16–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–78552; File No. 4–618]
Program for Allocation of Regulatory
Responsibilities Pursuant to Rule 17d–
2; Notice of Filing and Order
Approving and Declaring Effective an
Amendment to the Plan for the
Allocation of Regulatory
Responsibilities Between Bats BZX
Exchange, Inc., Bats BYX Exchange,
Inc., BOX Options Exchange LLC,
Chicago Board Options Exchange,
Incorporated, C2 Options Exchange,
Incorporated, Chicago Stock
Exchange, Inc., Bats EDGA Exchange,
Inc., Bats EDGX Exchange, Inc.,
Financial Industry Regulatory
Authority, Inc., International Securities
Exchange, LLC, Investors Exchange
LLC, ISE Gemini, LLC, ISE Mercury,
LLC, Miami International Securities
Exchange, LLC, The NASDAQ Stock
Market LLC, NASDAQ BX, Inc.,
NASDAQ PHLX, Inc., National Stock
Exchange, Inc., New York Stock
Exchange LLC, NYSE MKT LLC, and
NYSE Arca, Inc.
August 11, 2016.
Notice is hereby given that the
Securities and Exchange Commission
(‘‘Commission’’) has issued an Order,
pursuant to Section 17(d) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 approving and declaring
effective an amendment to the plan for
allocating regulatory responsibility
(‘‘Plan’’) filed on August 4, 2016,
pursuant to Rule 17d–2 of the Act,2 by
Bats BZX Exchange, Inc. (‘‘BATS’’), Bats
BYX Exchange, Inc. (‘‘BATS Y’’), BOX
Options Exchange LLC (‘‘BOX’’),
Chicago Board Options Exchange,
Incorporated (‘‘CBOE’’), C2 Options
Exchange, Incorporated (‘‘C2’’), Chicago
Stock Exchange, Inc. (‘‘CHX’’), Bats
EDGA Exchange, Inc. (‘‘EDGA’’), Bats
EDGX Exchange, Inc. (‘‘EDGX’’),
Financial Industry Regulatory
Authority, Inc. (‘‘FINRA’’), International
Securities Exchange, LLC (‘‘ISE’’),
Investors Exchange LLC (‘‘IEX’’), ISE
Gemini, LLC (‘‘ISE Gemini’’), ISE
Mercury, LLC (‘‘ISE Mercury’’), Miami
12 17
CFR 200.30–3(a)(12).
U.S.C. 78q(d).
2 17 CFR 240.17d–2.
1 15
Jkt 238001
PO 00000
Frm 00120
Fmt 4703
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54905
E:\FR\FM\17AUN1.SGM
17AUN1
Agencies
[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)]
[Notices]
[Pages 54904-54905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19574]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-78543; File No. SR-BatsBZX-2016-45]
Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Related to
Logical Port Fees
August 11, 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 29, 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.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A)(ii).
\4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange filed a proposal to amend the fee schedule applicable
to Members \5\ and non-Members of the Exchange pursuant to BZX Rules
15.1(a) and (c).
---------------------------------------------------------------------------
\5\ The term ``Member'' is defined as ``any registered broker or
dealer that has been admitted to membership in the Exchange.'' See
Exchange Rule 1.5(n).
---------------------------------------------------------------------------
The text of the proposed rule change is available at the Exchange's
Web site at www.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 the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend its fee schedule to modify the
billing policy for the logical port fees. The Exchange currently
charges for logical ports (including Multicast PITCH Spin Server and
GRP ports) $500 per port per month. A logical port represents a port
established by the Exchange within the Exchange's system for trading
and billing purposes. Each logical port established is specific to a
Member or non-Member and grants that Member or non-Member the ability
to operate a specific application, such as FIX order entry or PITCH
data receipt. The Exchange's Multicast PITCH data feed is available
from two primary feeds, identified as the ``A feed'' and the ``C
feed'', which contain the same information but differ only in the way
such feeds are received. The Exchange also offers two redundant feeds,
identified as the ``B feed'' and the ``D feed''. Logical port fees are
limited to logical ports in the Exchange's primary data center and no
logical port fees are assessed for redundant secondary data center
ports. The Exchange assesses the monthly per logical port fees to all
Member's and non-Member's logical ports.
The Exchange proposes to clarify within its fee schedule how
monthly fees for logical ports may be pro-rated. As proposed, new
requests will be pro-rated for the first month of service. Cancellation
requests are billed in full month increments as firms are required to
pay for the service for the remainder of the month, unless the session
is terminated within the first month of service.
Implementation Date
The Exchange proposes to implement these amendments to its fee
schedule on August 1, 2016.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\6\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\7\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls. The proposed rule change seeks to
provide clarity to subscribers regarding the Exchange's pro-rata
billing policy for logical ports by describing how logical port fees
may be pro-rated for a new request and upon cancellation. The Exchange
believes that the proposed pro-rata billing of fees for logical ports
is reasonable in that it is similar to how port fees are pro-rated by
the Nasdaq Stock Market LLC (``Nasdaq'').\8\
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f.
\7\ 15 U.S.C. 78f(b)(4).
\8\ See Nasdaq Price List--Trade Connectivity available at
https://www.nasdaqtrader.com/Trader.aspx?id=PriceListTrading2#connectivity. The Exchange notes
that, unlike as proposed by the Exchange, Nasdaq does not pro-rate
where the session is terminated within the first month of service.
---------------------------------------------------------------------------
The Exchange operates in a highly competitive market in which
exchanges offer connectivity services as a means to facilitate the
trading activities of Members and other participants. Accordingly, fees
charged for connectivity are constrained by the active competition for
the order flow of such participants as well as demand for market data
from the Exchange. If a particular exchange charges excessive fees for
connectivity, affected Members will opt to terminate their connectivity
arrangements with that exchange, and adopt a possible range of
alternative strategies, including routing to the applicable exchange
through another participant or market center or taking that exchange's
data indirectly. Accordingly, an exchange charging excessive fees would
stand to lose not only connectivity revenues, but also revenues
associated with the execution of orders routed to it by affected
members, and, to the extent applicable, market data revenues. The
Exchange believes that this competitive dynamic
[[Page 54905]]
imposes powerful restraints on the ability of any exchange to charge
unreasonable fees for connectivity.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange believes its 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 in that it is
simply designed to set forth the Exchange's pro-rata billing for
logical ports and is similar to that currently offered by one of the
Exchange's competitors.\9\ 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.
---------------------------------------------------------------------------
\9\ Id.
---------------------------------------------------------------------------
The Exchange believes that fees for connectivity are constrained by
the robust competition for order flow among exchanges and non-exchange
markets. Further, excessive fees for connectivity, including logical
port fees, would serve to impair an exchange's ability to compete for
order flow rather than burdening competition. The Exchange also does
not believe the proposed rule change would impact intramarket
competition as it would apply to all Members and non-Members equally.
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 \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-BatsBZX-2016-45 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-2016-45. 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 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-2016-45, and should
be submitted on or before September 7, 2016.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------
\12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-19574 Filed 8-16-16; 8:45 am]
BILLING CODE 8011-01-P