Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Fees for Use of Bats EDGX Exchange, Inc., 72135-72138 [2016-25237]
Download as PDF
Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Notices
charge Professional Customers for QCC
transactions.12
The Exchange notes that it operates in
a highly competitive market in which
market participants can readily favor
competing venues. In such an
environment, the Exchange must
continually review, and consider
adjusting, its fees and credits to remain
competitive with other exchanges.
Because competitors are free to modify
their own fees in response, and because
market participants may readily adjust
their order routing practices, the degree
to which fee changes in this market may
impose any burden on competition is
extremely limited. For the reasons
described above, the Exchange believes
that the proposed rule change reflects
this competitive environment.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change is effective
upon filing pursuant to Section
19(b)(3)(A)13 of the Act and
subparagraph (f)(2) of Rule 19b–414
thereunder, because it establishes a due,
fee, or other charge imposed by the
Exchange.
At any time within 60 days of the
filing of such proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
under Section 19(b)(2)(B)15 of the Act to
determine whether the proposed rule
change should be approved or
disapproved.
sradovich on DSK3GMQ082PROD with NOTICES
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–
NYSEMKT–2016–91 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSEMKT–2016–91. This
file number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–
NYSEMKT–2016–91, and should be
submitted on or before November 9,
2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–25238 Filed 10–18–16; 8:45 am]
BILLING CODE 8011–01–P
12 See
supra note 7.
13 15 U.S.C. 78s(b)(3)(A).
14 17 CFR 240.19b–4(f)(2).
15 15 U.S.C. 78s(b)(2)(B).
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72135
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–79090; File No. SR–
BatsEDGX–2016–55]
Self-Regulatory Organizations; Bats
EDGX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change to Fees for Use
of Bats EDGX Exchange, Inc.
October 13, 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
September 30, 2016, Bats 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).
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
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 that has been admitted
to membership in the Exchange.’’ See Exchange
Rule 1.5(n).
2 17
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Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Notices
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 modify its
fee schedule in order to: (i) Add the
definition of OCC Customer Volume or
OCV, to the Definitions section of the
fee schedule; and (ii) amend Footnote 1
to: (A) Modify the criteria for the CrossAsset Add Volume Tier to reflect the
new definition of OCV; and (B) establish
a Single MPID Cross-Asset Tier.
OCC Customer Volume Definition
The Exchange proposes to add the
definition of ‘‘OCC Customer Volume’’
or ‘‘OCV’’ to the definition section of its
fee schedule. OCC Customer Volume or
OCV will be defined as the total equity
and Exchange Traded Fund (‘‘ETF’’)
options volume that clears in the
Customer 6 range at the Options Clearing
Corporation (‘‘OCC’’) for the month for
which the fees apply, excluding volume
on any day that the Exchange
experiences an Exchange System
Disruption 7 and on any day with a
scheduled early market close, using the
definition of Customer as provided
under the Exchange’s fee schedule for
EDGX Options.
sradovich on DSK3GMQ082PROD with NOTICES
Footnote One
The Exchange determines the
liquidity adding rebate that it will
provide to Members using the
Exchange’s tiered pricing structure.
Currently, the Exchange provides
various rebates under Footnote 1 of the
fee schedule for a Member dependent
on the Member’s ADV 8 as a percentage
of the TCV 9 for orders that yield fee
codes B, V, Y, 3, 4 and ZA. The
Exchange currently has none Add
Volume Tiers. Under such pricing
structure, a Member will receive a
rebate of anywhere between $0.0025
6 As defined in the fee schedule for the
Exchange’s equity options platform (‘‘EDGX
Options’’) available at https://www.batsoptions.com/
support/fee_schedule/edgx/.
7 An ‘‘Exchange System Disruption’’ means ‘‘any
day that the Exchange’s system experiences a
disruption that lasts for more than 60 minutes
during Regular Trading Hours.’’ See the Exchange’s
fee schedule available at https://batstrading.com/
support/fee_schedule/edgx/.
8 As defined in the Exchange’s fee schedule
available at https://batstrading.com/support/fee_
schedule/edgx/.
9 Id.
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and $0.0033 per share executed,
depending on the volume tier for which
such Member qualifies.
Cross-Asset Tier Amendments.
Footnote 1 of the fee schedule includes
a Cross-Asset Tier under which
Members may receive an enhanced
rebate of $0.0028 where they have on
EDGX Options an ADV in Firm 10 orders
equal to or greater than 0.10% of
average TCV and an ADAV 11 equal to
or greater than 0.12% of average TCV.
The Exchange proposes to replace the
term TCV with the new defined term
OCV (discussed above). As amended,
Members must have on EDGX Options
an ADV in Firm orders equal to or
greater than 0.15% of average OCV.
Because, OCV is a by definition, a
smaller amount than TCV, the Exchange
proposes to slightly increase the volume
percentage required to attain the first
prong of the tier from 0.10% to 0.15%.
Doing so will keep tier’s criteria
relatively unchanged from its current
requirements. Lastly, the Exchange will
continue to require Members to also
have an ADAV equal to or greater than
0.12% of average TCV on the Exchange.
Single MPID Cross-Asset Investor Tier.
The Exchange proposes to add new tier
to Footnote 1 to be called the Single
MPID Cross-Asset Tier. Under the
proposed tier, a Member may would
receive an enhanced rebate of $0.0030
per share where that Member’s: (i)
Market Participant Identifier (‘‘MPID’’)
has on EDGX Options an ADAV in
Market Maker 12 orders equal to or
greater than 0.12% of average OCV; and
(ii) an ADAV equal to or greater than
0.12% of average TCV.
Implementation Date
The Exchange proposes to implement
the amendments to its fee schedule on
October 3, 2016.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the objectives of Section 6 of the Act,13
in general, and furthers the objectives of
Section 6(b)(4),14 in particular, as it is
designed to provide for the equitable
allocation of reasonable dues, fees and
other charges among its Members and
other persons using its facilities. The
Exchange also notes that it operates in
10 As defined in EDGX Option’s fee schedule
available at https://www.batsoptions.com/support/
fee_schedule/edgx/.
11 Exchange’s fee schedule available at https://
batstrading.com/support/fee_schedule/edgx/.
12 As defined in EDGX Option’s fee schedule
available at https://www.batsoptions.com/support/
fee_schedule/edgx/.
13 15 U.S.C. 78f.
14 15 U.S.C. 78f(b)(4).
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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 Exchange believes
that the proposed rates are equitable and
non-discriminatory in that they apply
uniformly to all Members.
The Exchange believes that the
proposed modifications to the tiered
pricing structure are reasonable, fair and
equitable, and non-discriminatory. 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 Exchange believes adopting a
definition of OCV and utilizing OCV in
lieu of TCV for its Cross-Asset Tier is
reasonable, fair and equitable, and nondiscriminatory because the Exchange
also proposed to modify the tier’s
related criteria in order to maintain
substantially identical requirements to
qualify for the tier. Competitors of the
Exchange also use similar calculations
and the proposed qualifications do not
represent a significant departure from
such pricing structures.15 The Exchange
believes that the proposed qualifications
are reasonable, fair and equitable, and
non-discriminatory, and will provide
additional transparency to Members
regarding the calculations used to
determine volume levels for purposes of
the proposed tiered pricing model.
The Exchange believes that the
proposed Single MIPID Cross-Asset Tier
is reasonable, fair and equitable, and
non-discriminatory. The increased
liquidity from this proposed tier also
15 NYSE Amex Options Customer volume tiers
require a specific ‘‘Customer Electronic ADV as a
% of Industry Customer Equity and ETF Options
ADV’’. https://www.nyse.com/publicdocs/nyse/
markets/amex-options/NYSE_Amex_Options_Fee_
Schedule.pdf. Nasdaq NOM Options Customer
volume tiers require a specific percentage of ‘‘total
industry customer equity and ETF option average
daily volume (’’ADV’’) contracts per day in a
month.’’ https://www.nasdaqtrader.com/
Micro.aspx?id=optionsPricing.
E:\FR\FM\19OCN1.SGM
19OCN1
sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Notices
benefits all investors by deepening the
EDGX Options and the Exchange’s
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
EDGX Options and not EDGX 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 EDGX 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 EDGX Options or
not. The proposed tier is also fair and
equitable in that membership in EDGX
Options is available to all market
participants which would provide them
with access to the benefits on EDGX
Equities provided by the proposed
changes, as described above, even where
a member of EDGX Equities 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 Exchange further believes that the
proposed addition of the Single MPID
Cross Asset Tier represents an equitable
allocation of reasonable dues, fees, and
other charges among Members and other
persons using its facilities because it
rewards Members with order flow
characteristics that contribute
meaningfully to price discovery on the
Exchange. In other words, Members that
post a substantial amount of liquidity
and primarily post liquidity are valuable
Members to the EDGX Options and
EDGX Equities Exchanges and the
marketplace in terms of liquidity
provision. By applying the tier on a
single MPID rather than across a
Member’s entire trading activity, the
Exchange is also allowing more
Members to potentially receive the
enhanced rebates for their trading
activity related to liquidity provision.
The Single MPID Cross Asset Tier also
encourages Members to primarily add
liquidity in order to satisfy the ADAV as
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17:39 Oct 18, 2016
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a percentage of OCV. Such increased
volume increases potential revenue to
the Exchange, and would allow the
Exchange to spread its administrative
and infrastructure costs over a greater
number of shares, leading to lower per
share costs. These lower per share costs
would allow the Exchange to pass on
the savings to Members in the form of
higher rebates. The increased liquidity
also benefits all investors by deepening
the Exchange’s liquidity pool, offering
additional flexibility for all investors to
enjoy cost savings, supporting the
quality of price discovery, promoting
market transparency and improving
investor protection. Volume-based
rebates such as the ones proposed
herein have been widely adopted in the
cash equities markets, and are equitable
because they are open to all Members on
an equal basis and provide discounts
that are reasonably related to the value
to an exchange’s market quality
associated with higher levels of market
activity, such as higher levels of
liquidity provision and introduction of
higher volumes of orders into the price
and volume discovery processes.
In addition, the rebate is also
reasonable in that other exchanges
likewise employ similar pricing
mechanisms based on a Member’s
MPID.16 Finally, the Exchange also
believes that the proposed Single MPID
Investor Tier is non-discriminatory in
that it would apply equally to all
Members.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe its
proposed amendment to its fee schedule
would impose any burden on
competition that is not necessary or
appropriate in furtherance of the
purposes of the Act. The Exchange does
not believe that the proposed changes
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. The
Exchange believes that its proposal
would not burden intramarket
competition because the proposed rate
would apply uniformly to all Members.
The Exchange does not believe that the
proposed new tiers and standard
removal rates would burden
competition, but instead, enhances
competition, as they are intended to
16 See Bats BZX Exchange, Inc. fee schedule
available at https://batstrading.com/support/fee_
schedule/bzx/ (offering a Single MPID Investor Tier
with volume requirements based on MPID).
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72137
increase the competitiveness of and
draw additional volume to the
Exchange. As stated above, the
Exchange 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 structures to be unreasonable
or excessive. The proposed changes are
generally intended to draw additional
liquidity to the Exchange. The Exchange
does not believe the proposed tiers and
standard rates would burden
intramarket competition as they would
apply to all Members uniformly.
The Exchange does not believe that
the proposed new Single MPID CrossAsset Add Tier would burden
competition, but instead, enhances
competition, as it is intended to increase
the competitiveness of and draw
additional volume to the Exchange and
EDGX Options. The Exchange does not
believe that its proposal would burden
intramarket competition because the
proposed rebate would apply uniformly
to all Members that achieve the
objective criteria of the Single MPID
Investor Tier.
Lastly, the Exchange believes that its
proposal to amend the qualification
criteria for the Cross-Asset Tier to
incorporate OCV would not impose any
burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act because the
Exchange also proposed to modify the
tier’s related criteria in order to
maintain substantially identical
requirements to qualify for the tier.
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
17 15
18 17
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U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f).
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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:
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–25237 Filed 10–18–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–79096; File No. SR–OCC–
2016–802]
• 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–
BatsEDGX–2016–55 on the subject line.
Self-Regulatory Organizations; The
Options Clearing Corporation; Notice
of No Objection to Advance Notice
Filing Concerning The Options
Clearing Corporation’s Escrow Deposit
Program
Paper Comments
sradovich on DSK3GMQ082PROD with NOTICES
Electronic Comments:
October 13, 2016.
• 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–BatsEDGX–2016–55. 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 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–
BatsEDGX–2016–55, and should be
submitted on or before November 9,
2016.
The Options Clearing Corporation
(‘‘OCC’’) filed on August 15, 2016 with
the Securities and Exchange
Commission (‘‘Commission’’) advance
notice SR–OCC–2016–802 (‘‘Advance
Notice’’) pursuant to Section 806(e)(1) of
the Payment, Clearing, and Settlement
Supervision Act of 2010 (‘‘Payment,
Clearing and Settlement Supervision
Act’’) 1 and Rule 19b–4(n)(1)(i) 2 under
the Securities Exchange Act of 1934
(‘‘Exchange Act’’) to implement changes
to its escrow deposit program. The
Advance Notice was published for
comment in the Federal Register on
September 20, 2016.3 The Commission
did not receive any comments on the
Advance Notice. This publication serves
as notice of no objection to the Advance
Notice.
19 17
CFR 200.30–3(a)(12).
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I. Description of the Advance Notice
OCC is the sole clearing agency for the
U.S. listed options markets and a
systemically important financial market
utility. OCC seeks to manage risks that
1 12 U.S.C. 5465(e)(1). The Financial Stability
Oversight Council designated OCC a systemically
important financial market utility on July 18, 2012.
See Financial Stability Oversight Council 2012
Annual Report, Appendix A, https://
www.treasury.gov/initiatives/fsoc/Documents/
2012%20Annual%20Report.pdf. Therefore, OCC is
required to comply with the Payment, Clearing and
Settlement Supervision Act and file advance
notices with the Commission. See 12 U.S.C.
5465(e).
2 17 CFR 240.19b–4(n)(1)(i).
3 See Securities Exchange Act Release No. 78834
(September 14, 2016), 81 FR 64536 (September 20,
2016) (File No. SR–OCC–2016–802). OCC also filed
a proposed rule change with the Commission
pursuant to Section 19(b)(1) of the Exchange Act
and Rule 19b–4 thereunder, seeking approval of
changes to its Rules necessary to implement the
Advance Notice. 15 U.S.C. 78s(b)(1) and 17 CFR
240.19b–4, respectively. This proposed rule change
was published in the Federal Register on August
31, 2016. Securities Exchange Act Release No.
78675 (August 25, 2016), 81 FR 60108 (August 31,
2016) (SR–OCC–2016–009).
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could cause a financial loss or
settlement disruption and, therefore,
threaten the stability of the U.S.
financial system. One way OCC
manages such risks is by collecting
collateral to protect against potential
losses stemming from the default of a
clearing member or its customers. OCC
obtains this collateral by collecting
margin from its clearing members, or
from deposits in lieu of margin of
clearing members’ customers through
OCC’s escrow deposit program. OCC
states that the users of its escrow
deposit program are customers of
clearing members who, through the
escrow deposit program, are permitted
to collateralize eligible positions
directly with OCC (instead of with the
relevant clearing member who would, in
turn, deposit margin at OCC). OCC
states that when a customer of a clearing
member makes a deposit in lieu of
margin through OCC’s escrow deposit
program, the relevant positions are
excluded from the clearing member’s
margin requirement at OCC. OCC
believes that the escrow deposit
program therefore provides users of
OCC’s services with a means to more
efficiently use cash or securities they
may have available.
As described by OCC in the Advance
Notice, the purpose of the proposed
change is to improve the resiliency of
OCC’s escrow deposit program (‘‘EDP’’).
First, OCC states that the changes would
increase OCC’s visibility into and
control over collateral deposits made
under the escrow deposit program. As
described in the Advance Notice,
currently, securities deposits in the EDP
(‘‘specific deposits’’) are held at either
the Depository Trust Company (‘‘DTC’’)
or custodian banks, and cash deposits in
the EDP (‘‘escrow deposits’’) are held at
custodian banks. While OCC currently
can verify the value of the securities
deposited at DTC through DTC’s
systems, it lacks similar visibility into
cash and securities held in custodian
bank accounts, relying instead on the
custodian banks to verify the value of
such collateral. The proposed changes
would require securities in the EDP to
be held at DTC, providing OCC with
increased visibility into the collateral, as
OCC will be able to view, validate, and
value the collateral in real time and
perform the controls currently
performed by custodian banks. As stated
in the Advance Notice, a bank
participating in the escrow deposit
program (‘‘Tri-Party Custodian Bank’’)
would also provide OCC with online
view access to each customer’s cash
account designated for the escrow
deposit program, allowing visibility into
E:\FR\FM\19OCN1.SGM
19OCN1
Agencies
[Federal Register Volume 81, Number 202 (Wednesday, October 19, 2016)]
[Notices]
[Pages 72135-72138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25237]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-79090; File No. SR-BatsEDGX-2016-55]
Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change to Fees
for Use of Bats EDGX Exchange, Inc.
October 13, 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 September 30, 2016, Bats 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.
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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 EDGX Rules
15.1(a) and (c).
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\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).
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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
[[Page 72136]]
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 modify its fee schedule in order to: (i)
Add the definition of OCC Customer Volume or OCV, to the Definitions
section of the fee schedule; and (ii) amend Footnote 1 to: (A) Modify
the criteria for the Cross-Asset Add Volume Tier to reflect the new
definition of OCV; and (B) establish a Single MPID Cross-Asset Tier.
OCC Customer Volume Definition
The Exchange proposes to add the definition of ``OCC Customer
Volume'' or ``OCV'' to the definition section of its fee schedule. OCC
Customer Volume or OCV will be defined as the total equity and Exchange
Traded Fund (``ETF'') options volume that clears in the Customer \6\
range at the Options Clearing Corporation (``OCC'') for the month for
which the fees apply, excluding volume on any day that the Exchange
experiences an Exchange System Disruption \7\ and on any day with a
scheduled early market close, using the definition of Customer as
provided under the Exchange's fee schedule for EDGX Options.
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\6\ As defined in the fee schedule for the Exchange's equity
options platform (``EDGX Options'') available at https://www.batsoptions.com/support/fee_schedule/edgx/.
\7\ An ``Exchange System Disruption'' means ``any day that the
Exchange's system experiences a disruption that lasts for more than
60 minutes during Regular Trading Hours.'' See the Exchange's fee
schedule available at https://batstrading.com/support/fee_schedule/edgx/.
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Footnote One
The Exchange determines the liquidity adding rebate that it will
provide to Members using the Exchange's tiered pricing structure.
Currently, the Exchange provides various rebates under Footnote 1 of
the fee schedule for a Member dependent on the Member's ADV \8\ as a
percentage of the TCV \9\ for orders that yield fee codes B, V, Y, 3, 4
and ZA. The Exchange currently has none Add Volume Tiers. Under such
pricing structure, a Member will receive a rebate of anywhere between
$0.0025 and $0.0033 per share executed, depending on the volume tier
for which such Member qualifies.
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\8\ As defined in the Exchange's fee schedule available at
https://batstrading.com/support/fee_schedule/edgx/.
\9\ Id.
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Cross-Asset Tier Amendments. Footnote 1 of the fee schedule
includes a Cross-Asset Tier under which Members may receive an enhanced
rebate of $0.0028 where they have on EDGX Options an ADV in Firm \10\
orders equal to or greater than 0.10% of average TCV and an ADAV \11\
equal to or greater than 0.12% of average TCV. The Exchange proposes to
replace the term TCV with the new defined term OCV (discussed above).
As amended, Members must have on EDGX Options an ADV in Firm orders
equal to or greater than 0.15% of average OCV. Because, OCV is a by
definition, a smaller amount than TCV, the Exchange proposes to
slightly increase the volume percentage required to attain the first
prong of the tier from 0.10% to 0.15%. Doing so will keep tier's
criteria relatively unchanged from its current requirements. Lastly,
the Exchange will continue to require Members to also have an ADAV
equal to or greater than 0.12% of average TCV on the Exchange.
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\10\ As defined in EDGX Option's fee schedule available at
https://www.batsoptions.com/support/fee_schedule/edgx/.
\11\ Exchange's fee schedule available at https://batstrading.com/support/fee_schedule/edgx/.
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Single MPID Cross-Asset Investor Tier. The Exchange proposes to add
new tier to Footnote 1 to be called the Single MPID Cross-Asset Tier.
Under the proposed tier, a Member may would receive an enhanced rebate
of $0.0030 per share where that Member's: (i) Market Participant
Identifier (``MPID'') has on EDGX Options an ADAV in Market Maker \12\
orders equal to or greater than 0.12% of average OCV; and (ii) an ADAV
equal to or greater than 0.12% of average TCV.
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\12\ As defined in EDGX Option's fee schedule available at
https://www.batsoptions.com/support/fee_schedule/edgx/.
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Implementation Date
The Exchange proposes to implement the amendments to its fee
schedule on October 3, 2016.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\13\ in general, and
furthers the objectives of Section 6(b)(4),\14\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and other persons using its
facilities. 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 Exchange believes that the proposed rates
are equitable and non-discriminatory in that they apply uniformly to
all Members.
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\13\ 15 U.S.C. 78f.
\14\ 15 U.S.C. 78f(b)(4).
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The Exchange believes that the proposed modifications to the tiered
pricing structure are reasonable, fair and equitable, and non-
discriminatory. 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 Exchange believes adopting a definition of OCV and utilizing
OCV in lieu of TCV for its Cross-Asset Tier is reasonable, fair and
equitable, and non-discriminatory because the Exchange also proposed to
modify the tier's related criteria in order to maintain substantially
identical requirements to qualify for the tier. Competitors of the
Exchange also use similar calculations and the proposed qualifications
do not represent a significant departure from such pricing
structures.\15\ The Exchange believes that the proposed qualifications
are reasonable, fair and equitable, and non-discriminatory, and will
provide additional transparency to Members regarding the calculations
used to determine volume levels for purposes of the proposed tiered
pricing model.
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\15\ NYSE Amex Options Customer volume tiers require a specific
``Customer Electronic ADV as a % of Industry Customer Equity and ETF
Options ADV''. https://www.nyse.com/publicdocs/nyse/markets/amex-options/NYSE_Amex_Options_Fee_Schedule.pdf. Nasdaq NOM Options
Customer volume tiers require a specific percentage of ``total
industry customer equity and ETF option average daily volume
(''ADV'') contracts per day in a month.'' https://www.nasdaqtrader.com/Micro.aspx?id=optionsPricing.
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The Exchange believes that the proposed Single MIPID Cross-Asset
Tier is reasonable, fair and equitable, and non-discriminatory. The
increased liquidity from this proposed tier also
[[Page 72137]]
benefits all investors by deepening the EDGX Options and the Exchange's
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 EDGX Options and not EDGX 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 EDGX
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 EDGX Options or not. The proposed tier is also fair and
equitable in that membership in EDGX Options is available to all market
participants which would provide them with access to the benefits on
EDGX Equities provided by the proposed changes, as described above,
even where a member of EDGX Equities 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 Exchange further believes that the proposed addition of the
Single MPID Cross Asset Tier represents an equitable allocation of
reasonable dues, fees, and other charges among Members and other
persons using its facilities because it rewards Members with order flow
characteristics that contribute meaningfully to price discovery on the
Exchange. In other words, Members that post a substantial amount of
liquidity and primarily post liquidity are valuable Members to the EDGX
Options and EDGX Equities Exchanges and the marketplace in terms of
liquidity provision. By applying the tier on a single MPID rather than
across a Member's entire trading activity, the Exchange is also
allowing more Members to potentially receive the enhanced rebates for
their trading activity related to liquidity provision. The Single MPID
Cross Asset Tier also encourages Members to primarily add liquidity in
order to satisfy the ADAV as a percentage of OCV. Such increased volume
increases potential revenue to the Exchange, and would allow the
Exchange to spread its administrative and infrastructure costs over a
greater number of shares, leading to lower per share costs. These lower
per share costs would allow the Exchange to pass on the savings to
Members in the form of higher rebates. The increased liquidity also
benefits all investors by deepening the Exchange's liquidity pool,
offering additional flexibility for all investors to enjoy cost
savings, supporting the quality of price discovery, promoting market
transparency and improving investor protection. Volume-based rebates
such as the ones proposed herein have been widely adopted in the cash
equities markets, and are equitable because they are open to all
Members on an equal basis and provide discounts that are reasonably
related to the value to an exchange's market quality associated with
higher levels of market activity, such as higher levels of liquidity
provision and introduction of higher volumes of orders into the price
and volume discovery processes.
In addition, the rebate is also reasonable in that other exchanges
likewise employ similar pricing mechanisms based on a Member's
MPID.\16\ Finally, the Exchange also believes that the proposed Single
MPID Investor Tier is non-discriminatory in that it would apply equally
to all Members.
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\16\ See Bats BZX Exchange, Inc. fee schedule available at
https://batstrading.com/support/fee_schedule/bzx/ (offering a Single
MPID Investor Tier with volume requirements based on MPID).
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B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe its proposed amendment to its fee
schedule would impose any burden on competition that is not necessary
or appropriate in furtherance of the purposes of the Act. The Exchange
does not believe that the proposed changes 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. The Exchange believes that its proposal would not
burden intramarket competition because the proposed rate would apply
uniformly to all Members. The Exchange does not believe that the
proposed new tiers and standard removal rates would burden competition,
but instead, enhances competition, as they are intended to increase the
competitiveness of and draw additional volume to the Exchange. As
stated above, the Exchange 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 structures to be
unreasonable or excessive. The proposed changes are generally intended
to draw additional liquidity to the Exchange. The Exchange does not
believe the proposed tiers and standard rates would burden intramarket
competition as they would apply to all Members uniformly.
The Exchange does not believe that the proposed new Single MPID
Cross-Asset Add Tier would burden competition, but instead, enhances
competition, as it is intended to increase the competitiveness of and
draw additional volume to the Exchange and EDGX Options. The Exchange
does not believe that its proposal would burden intramarket competition
because the proposed rebate would apply uniformly to all Members that
achieve the objective criteria of the Single MPID Investor Tier.
Lastly, the Exchange believes that its proposal to amend the
qualification criteria for the Cross-Asset Tier to incorporate OCV
would not impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act because the
Exchange also proposed to modify the tier's related criteria in order
to maintain substantially identical requirements to qualify for the
tier.
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
[[Page 72138]]
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).
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IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments:
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-BatsEDGX-2016-55 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-BatsEDGX-2016-55. 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 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-BatsEDGX-2016-55, and should
be submitted on or before November 9, 2016.
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\19\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-25237 Filed 10-18-16; 8:45 am]
BILLING CODE 8011-01-P