Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use on Bats BYX Exchange, Inc., 28367-28369 [2017-12889]

Download as PDF Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Notices Public Representative: Lawrence Fenster; Comments Due: June 23, 2017. 4. Docket No(s).: MC2017–151 and CP2017–212; Filing Title: Request of the United States Postal Service to Add Priority Mail Contract 330 to Competitive Product List and Notice of Filing (Under Seal) of Unredacted Governors’ Decision, Contract, and Supporting Data; Filing Acceptance Date: June 15, 2017; Filing Authority: 39 U.S.C. 3642 and 39 CFR 3020.30 et seq.; Public Representative: Lawrence Fenster; Comments Due: June 23, 2017. 5. Docket No(s).: CP2017–213; Filing Title: Notice of United States Postal Service of Filing a Functionally Equivalent Global Expedited Package Services 7 Negotiated Service Agreement and Application for NonPublic Treatment of Materials Filed Under Seal; Filing Acceptance Date: June 15, 2017; Filing Authority: 39 CFR 3015.5; Public Representative: Kenneth R. Moeller; Comments Due: June 23, 2017. This notice will be published in the Federal Register. Stacy L. Ruble, Secretary. [FR Doc. 2017–12935 Filed 6–20–17; 8:45 am] BILLING CODE 7710–FW–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–80939; File No. SR– BatsBYX–2017–15] Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use on Bats BYX Exchange, Inc. asabaliauskas on DSKBBXCHB2PROD with NOTICES June 15, 2017. 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 June 9, 2017, Bats BYX Exchange, Inc. (the ‘‘Exchange’’ or ‘‘BYX’’) 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 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). 2 17 VerDate Sep<11>2014 19:12 Jun 20, 2017 Jkt 241001 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 BYX Rules 15.1(a) and (c). The text of the proposed rule change is available at the Exchange’s Web site at www.bats.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 applicable to its equities trading platform (‘‘BYX Equities’’) to: (i) Modify the rates associated with fee codes AA, BJ and RA; and (ii) increase the scope of executions subject to fee code IX. The Exchange notes that Bats EDGA Exchange, Inc. (‘‘EDGA’’) implemented certain pricing changes effective June 1, 2017, including modification of various fees and rebates to add and remove liquidity with a displayed or IOC order to a flat fee of $0.0003 per share to add or remove liquidity with a displayed or IOC order.6 The proposed changes to AA, BJ, and RA are proposed in light of these changes. 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). 6 See Press Release, Bats Announces Fee Overhaul of EDGA Equities Exchange (May 30, 2017), available at https://ir.cboe.com/pressreleases/2017/05-30-2017.aspx. PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 28367 Fee Code AA The Exchange proposes to modify the rate associated with orders yielding fee code AA, which results from an order routed to EDGA using ALLB routing strategy,7 from a $0.0002 per share rebate to a fee of $0.0003 per share for securities priced at or above $1.00. The Exchange does not propose to modify the rate for orders yielding fee code AA for securities priced below $1.00, which are currently not charged a fee nor provided a rebate. Fee Code BJ The Exchange proposes to modify the rate associated with orders yielding fee code BJ, which result from an order routed to EDGA using the Destination Specific (‘‘DIRC’’),8 TRIM or TRIM2 routing strategies,9 from a rebate of $0.0002 per share to a fee of $0.0003 per share for all securities (i.e., those priced at or above $1.00 and those priced below $1.00). Fee Code RA The Exchange proposes to decrease the fee associated with orders yielding fee code RA, which results from an order routed to EDGA which adds liquidity, from a fee of $0.0005 per share to a fee of $0.0003 per share for securities priced at or above $1.00. The Exchange does not propose to modify the rate for orders yielding fee code RA for securities priced below $1.00, which are currently not charged a fee nor provided a rebate. Fee Code IX The Exchange proposes to modify the routing strategies applicable to fee code IX to include the TRIM or TRIM2 routing strategies. Fee code IX is currently appended to all orders that are routed to the Investors Exchange, Inc. (‘‘IEX’’) using the Destination Specific routing strategy (also referred to as ‘‘DIRC’’).10 The Exchange does not 7 ALLB is a routing option under which the order checks the System for available shares and is then sent to the Bats BZX Exchange, Inc. (‘‘BZX’’), EDGA, and Bats EDGX Exchange, Inc. (‘‘EDGX’’ collectively with the Exchange, BZX, and EDGA, the ‘‘BGM Affiliated Exchanges’’). See the Exchange’s routing strategies available at https:// cdn.batstrading.com/resources/features/bats_ exchange_routing-strategies.pdf. See also Exchange Rule 11.13(b)(3). 8 See the Exchange’s routing strategies available at https://cdn.batstrading.com/resources/features/ bats_exchange_routing-strategies.pdf. See also Exchange Rule 11.13(b)(3). 9 The TRIM and TRIM2 routing strategies focus on seeking execution of orders while minimizing execution costs by routing only to certain low cost execution venues on the Exchange’s System routing table. Id. 10 See the Exchange’s routing strategies available at https://cdn.batstrading.com/resources/features/ E:\FR\FM\21JNN1.SGM Continued 21JNN1 28368 Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Notices propose to modify the rate of $0.0010 per share currently charged orders appended with IX. The Exchange notes that it has not previously included IEX on the routing tables for TRIM and TRIM2 but began to do so effective June 1, 2017, and thus, that the proposed change is necessary to account for executions at IEX through such routing strategies. Implementation Date The Exchange proposes to implement the above changes to its fee schedule immediately.11 asabaliauskas on DSKBBXCHB2PROD with NOTICES 2. Statutory Basis The Exchange believes that the proposed rule changes are consistent with the objectives of Section 6 of the Act,12 in general, and furthers the objectives of Section 6(b)(4),13 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 or incentives to be insufficient. The proposed rule changes reflect a competitive pricing structure designed to incentivize market participants to direct their order flow to the Exchange. Furthermore, the Exchange notes that routing through the Exchange’s affiliate, Bats Trading, is voluntary. Fee Codes AA, BJ, and RA As noted above, EDGA implemented certain pricing changes effective June 1, 2017, including modification of various fees and rebates to and remove liquidity with a displayed or IOC order to a flat fee of $0.0003 per share to add or remove liquidity with a displayed or IOC order.14 The changes to fee codes AA, BJ, and RA are proposed in light of these changes and reflect a pass-through of the pricing provided by EDGA. As the pricing in securities priced at or above $1.00 reflects the same pricing a Member would receive for participation on EDGA directly and the pricing in securities priced below $1.00 is based on the current pricing model applied by the Exchange, the Exchange believes the bats_exchange_routing-strategies.pdf. See also Rule 11.13(b)(3). 11 The Exchange initially submitted the proposed fee change on June 1, 2017. (SR–BatsBYX–2017– 14). On June 9, 2017, the Exchange withdrew SR– BatsBYX–2017–14 and submitted this filing. 12 15 U.S.C. 78f. 13 15 U.S.C. 78f(b)(4). 14 See supra, note 6. VerDate Sep<11>2014 19:12 Jun 20, 2017 Jkt 241001 proposed fees are reasonable and equitably allocated. The Exchange further believes the proposed fees are non-discriminatory because they apply uniformly to all Members. public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. Fee Code IX The Exchange believes that its proposal to include TRIM and TRIM2 routing strategies for orders routed to IEX that yield fee code IX is equitable and reasonable because routing through Bats Trading is voluntary and Members may utilize other avenues to route orders to IEX, such as connecting to IEX directly. Lastly, the Exchange also believes that the proposed alternative routing strategies are nondiscriminatory because the availability applies uniformly to all Members. 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: B. Self-Regulatory Organization’s Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. The Exchange does not believe that any of the proposed changes to the Exchange’s routing pricing burden competition, as they are based on the pricing on other venues. 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 Exchange does not believe the proposed amendments would burden intramarket competition as they would be available to all Members uniformly. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from Members or other interested parties. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 15 and paragraph (f) of Rule 19b–4 thereunder.16 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 15 15 16 17 PO 00000 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f). Frm 00075 Fmt 4703 Sfmt 4703 IV. Solicitation of Comments 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 No. SR– BatsBYX–2017–15 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 No. SR–BatsBYX–2017–15. 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 No. SR–BatsBYX– 2017–15, and should be submitted on or before July 12, 2017. E:\FR\FM\21JNN1.SGM 21JNN1 Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Notices For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.17 Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2017–12889 Filed 6–20–17; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–80940; File No. SR–MIAX– 2017–16] Self-Regulatory Organizations; Miami International Securities Exchange LLC; Order Approving a Proposed Rule Change Relating to the Exposure Periods of the MIAX Price Improvement Mechanism and Solicitation Mechanism June 15, 2017. I. Introduction On April 25, 2017, Miami International Securities Exchange LLC (‘‘MIAX Options’’ or the ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a proposed rule change to amend MIAX Options Rule 515A to modify the exposure periods of the Exchange’s Price Improvement Mechanism (‘‘PRIME’’) and PRIME Solicitation Mechanism from 500 milliseconds to a time period designated by the Exchange of no less than 100 milliseconds and no more than 1 second. The proposed rule change was published for comment in the Federal Register on May 5, 2017.3 The Commission received no comment letters on the proposed rule change. This order approves the proposed rule change. asabaliauskas on DSKBBXCHB2PROD with NOTICES II. Description of the Proposed Rule Change PRIME is a process by which a Member 4 may electronically submit for execution an order it represents as agent (‘‘Agency Order’’) against principal interest, and/or an Agency Order against solicited interest.5 When the Exchange receives a properly designated Agency Order for auction processing, a Request 17 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 3 See Securities Exchange Act Release No. 80570 (May 1, 2017), 82 FR 21288 (‘‘Notice’’). 4 The term ‘‘Member’’ means an individual or organization approved to exercise the trading rights associated with a Trading Permit. Members are deemed ‘‘members’’ under the Exchange Act. See Exchange Rule 100. 5 See Exchange Rule 515A. 1 15 VerDate Sep<11>2014 19:12 Jun 20, 2017 Jkt 241001 for Responses (‘‘RFR’’) detailing the option, side, size, and initiating price is sent to all subscribers of the Exchange’s data feeds. Currently, the RFR period lasts for 500 milliseconds, unless it is concluded early.6 The Exchange proposes to revise the RFR response period to permit the Exchange to designate a specific time within a range of no less than 100 milliseconds and no more than 1 second.7 III. Discussion and Commission’s Findings After careful review, the Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange.8 In particular, the Commission finds that the proposed rule change is consistent with Section 6(b)(5) of the Act,9 which requires, among other things, that the rules of a national securities exchange be designed to promote just and equitable principles of trade, to foster cooperation 6 A PRIME and PRIME Solicitation Auction will conclude at the sooner of: (1) Upon receipt of an unrelated order (in the same option as the Agency Order) on the opposite side of the market from the RFR responses, that is marketable against either the National Best Bid or Offer (‘‘NBBO’’), the initiating price, or the RFR responses; (2) upon receipt of an unrelated order (in the same option as the Agency Order) on the same side of the market as the RFR responses, that is marketable against the NBBO; (3) upon receipt of an unrelated limit order (in the same option as the Agency Order) on the opposite of the market from the Agency Order that improves any RFR response; (4) any time an RFR response matches the NBBO on the opposite side of the market from the RFR responses; (5) any time there is a quote lock in the subject option on the Exchange pursuant to Exchange Rule 1402; or (6) any time there is a trading halt in the option on the Exchange. See Exchange Rule 515A. 7 The Exchange notes that its proposal is consistent with exposure periods permitted in similar mechanisms on other options exchanges. See Notice, supra note 3, at 21288 & n.6; see also Securities Exchange Act Release Nos. 76301 (October 29, 2015), 80 FR 68347 (November 4, 2015) (SR–BX–2015–032) (establishing an exposure period for the Nasdaq BX’s options price improvement mechanism (‘‘PRISM’’) of no less than 100 milliseconds and no more than 1 second); 77557 (April 7, 2016), 81 FR 21935 (April 13, 2016) (SR–Phlx–2016–40) (amending the exposure period for the Nasdaq Phlx’s Price Improvement XL (‘‘PIXL’’) to be no less than 100 milliseconds and no more than 1 second); 79733 (January 4, 2017), 82 FR 3055 (January 10, 2017) (SR–ISE–2016–26) (amending the exposure period for the Nasdaq ISE’s Price Improvement Mechanism (‘‘PIM’’) to be no less than 100 milliseconds and no more than 1 second); and 80738 (May 22, 2017), 82 FR 24417 (May 26, 2017) (SR–CBOE–2017–029) (amending the exposure periods for the CBOE’s Automated Improvement Mechanism (‘‘AIM’’) and Solicitation Auction Mechanism (‘‘SAM’’) to be no less than 100 milliseconds and no more than 1 second). 8 In approving this proposed rule change, the Commission has considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 9 15 U.S.C. 78f(b)(5). PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 28369 and coordination with persons engaged in regulating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, to protect investors and the public interest, and not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers. The Commission also finds that the proposed rule change is consistent with Section 6(b)(8) of the Act,10 which requires that the rules of an exchange not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The Commission believes that, given the electronic nature of the PRIME and PRIME Solicitation Mechanism and the ability of Members to respond within the proposed exposure periods, modifying each of the exposure periods from 500 milliseconds to a time designated by the Exchange of no less than 100 milliseconds and no more than 1 second could facilitate the prompt execution of orders, while continuing to provide market participants with an opportunity to compete to trade with the exposed order by submitting responses to the auctions. According to the Exchange, numerous Members have the capability to and do respond within a 100 millisecond exposure period or less.11 To substantiate that its members can receive, process, and communicate a response back to the Exchange within 100 milliseconds, the Exchange states that it surveyed all Members that responded to an auction broadcast in the period beginning November 2016 and ending January 2017 (the ‘‘review period’’).12 According to the Exchange, each Member it surveyed indicated that they can receive, process, and communicate a response back to the Exchange within 100 milliseconds.13 In addition, the Exchange states that it reviewed all responses received in PRIME and PRIME Solicitation Auctions from its Members for the review period, and its review indicated that approximately 90% of responses were submitted within 100 milliseconds.14 Furthermore, with regard to the impact of the proposal on system capacity, the Exchange states that it has analyzed its capacity and represents that it has the necessary systems capacity to handle the potential additional traffic associated with the additional transactions that may occur with the 10 15 U.S.C. 78f(b)(8). Notice, supra note 3, at 21289. 12 See id. 13 See id. 14 See id. 11 See E:\FR\FM\21JNN1.SGM 21JNN1

Agencies

[Federal Register Volume 82, Number 118 (Wednesday, June 21, 2017)]
[Notices]
[Pages 28367-28369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12889]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80939; File No. SR-BatsBYX-2017-15]


Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change Related to 
Fees for Use on Bats BYX Exchange, Inc.

June 15, 2017.
    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 June 9, 2017, Bats BYX Exchange, Inc. (the ``Exchange'' or 
``BYX'') 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 BYX 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).
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    The text of the proposed rule change is available at the Exchange's 
Web site at www.bats.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 applicable to its 
equities trading platform (``BYX Equities'') to: (i) Modify the rates 
associated with fee codes AA, BJ and RA; and (ii) increase the scope of 
executions subject to fee code IX. The Exchange notes that Bats EDGA 
Exchange, Inc. (``EDGA'') implemented certain pricing changes effective 
June 1, 2017, including modification of various fees and rebates to add 
and remove liquidity with a displayed or IOC order to a flat fee of 
$0.0003 per share to add or remove liquidity with a displayed or IOC 
order.\6\ The proposed changes to AA, BJ, and RA are proposed in light 
of these changes.
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    \6\ See Press Release, Bats Announces Fee Overhaul of EDGA 
Equities Exchange (May 30, 2017), available at https://ir.cboe.com/press-releases/2017/05-30-2017.aspx.
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Fee Code AA
    The Exchange proposes to modify the rate associated with orders 
yielding fee code AA, which results from an order routed to EDGA using 
ALLB routing strategy,\7\ from a $0.0002 per share rebate to a fee of 
$0.0003 per share for securities priced at or above $1.00. The Exchange 
does not propose to modify the rate for orders yielding fee code AA for 
securities priced below $1.00, which are currently not charged a fee 
nor provided a rebate.
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    \7\ ALLB is a routing option under which the order checks the 
System for available shares and is then sent to the Bats BZX 
Exchange, Inc. (``BZX''), EDGA, and Bats EDGX Exchange, Inc. 
(``EDGX'' collectively with the Exchange, BZX, and EDGA, the ``BGM 
Affiliated Exchanges''). See the Exchange's routing strategies 
available at https://cdn.batstrading.com/resources/features/bats_exchange_routing-strategies.pdf. See also Exchange Rule 
11.13(b)(3).
---------------------------------------------------------------------------

Fee Code BJ
    The Exchange proposes to modify the rate associated with orders 
yielding fee code BJ, which result from an order routed to EDGA using 
the Destination Specific (``DIRC''),\8\ TRIM or TRIM2 routing 
strategies,\9\ from a rebate of $0.0002 per share to a fee of $0.0003 
per share for all securities (i.e., those priced at or above $1.00 and 
those priced below $1.00).
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    \8\ See the Exchange's routing strategies available at https://cdn.batstrading.com/resources/features/bats_exchange_routing-strategies.pdf. See also Exchange Rule 11.13(b)(3).
    \9\ The TRIM and TRIM2 routing strategies focus on seeking 
execution of orders while minimizing execution costs by routing only 
to certain low cost execution venues on the Exchange's System 
routing table. Id.
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Fee Code RA
    The Exchange proposes to decrease the fee associated with orders 
yielding fee code RA, which results from an order routed to EDGA which 
adds liquidity, from a fee of $0.0005 per share to a fee of $0.0003 per 
share for securities priced at or above $1.00. The Exchange does not 
propose to modify the rate for orders yielding fee code RA for 
securities priced below $1.00, which are currently not charged a fee 
nor provided a rebate.
Fee Code IX
    The Exchange proposes to modify the routing strategies applicable 
to fee code IX to include the TRIM or TRIM2 routing strategies. Fee 
code IX is currently appended to all orders that are routed to the 
Investors Exchange, Inc. (``IEX'') using the Destination Specific 
routing strategy (also referred to as ``DIRC'').\10\ The Exchange does 
not

[[Page 28368]]

propose to modify the rate of $0.0010 per share currently charged 
orders appended with IX. The Exchange notes that it has not previously 
included IEX on the routing tables for TRIM and TRIM2 but began to do 
so effective June 1, 2017, and thus, that the proposed change is 
necessary to account for executions at IEX through such routing 
strategies.
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    \10\ See the Exchange's routing strategies available at https://cdn.batstrading.com/resources/features/bats_exchange_routing-strategies.pdf. See also Rule 11.13(b)(3).
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Implementation Date
    The Exchange proposes to implement the above changes to its fee 
schedule immediately.\11\
---------------------------------------------------------------------------

    \11\ The Exchange initially submitted the proposed fee change on 
June 1, 2017. (SR-BatsBYX-2017-14). On June 9, 2017, the Exchange 
withdrew SR-BatsBYX-2017-14 and submitted this filing.
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2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent 
with the objectives of Section 6 of the Act,\12\ in general, and 
furthers the objectives of Section 6(b)(4),\13\ 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 or incentives to be insufficient. The proposed 
rule changes reflect a competitive pricing structure designed to 
incentivize market participants to direct their order flow to the 
Exchange. Furthermore, the Exchange notes that routing through the 
Exchange's affiliate, Bats Trading, is voluntary.
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    \12\ 15 U.S.C. 78f.
    \13\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

Fee Codes AA, BJ, and RA
    As noted above, EDGA implemented certain pricing changes effective 
June 1, 2017, including modification of various fees and rebates to and 
remove liquidity with a displayed or IOC order to a flat fee of $0.0003 
per share to add or remove liquidity with a displayed or IOC order.\14\ 
The changes to fee codes AA, BJ, and RA are proposed in light of these 
changes and reflect a pass-through of the pricing provided by EDGA. As 
the pricing in securities priced at or above $1.00 reflects the same 
pricing a Member would receive for participation on EDGA directly and 
the pricing in securities priced below $1.00 is based on the current 
pricing model applied by the Exchange, the Exchange believes the 
proposed fees are reasonable and equitably allocated. The Exchange 
further believes the proposed fees are non-discriminatory because they 
apply uniformly to all Members.
---------------------------------------------------------------------------

    \14\ See supra, note 6.
---------------------------------------------------------------------------

Fee Code IX
    The Exchange believes that its proposal to include TRIM and TRIM2 
routing strategies for orders routed to IEX that yield fee code IX is 
equitable and reasonable because routing through Bats Trading is 
voluntary and Members may utilize other avenues to route orders to IEX, 
such as connecting to IEX directly. Lastly, the Exchange also believes 
that the proposed alternative routing strategies are non-discriminatory 
because the availability applies uniformly to all Members.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The Exchange does not believe 
that any of the proposed changes to the Exchange's routing pricing 
burden competition, as they are based on the pricing on other venues. 
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 
Exchange does not believe the proposed amendments would burden 
intramarket competition as they would be available to all Members 
uniformly.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    The Exchange has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any unsolicited written comments from Members or other interested 
parties.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \15\ and paragraph (f) of Rule 19b-4 
thereunder.\16\ 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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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 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 No. SR-BatsBYX-2017-15 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 No. SR-BatsBYX-2017-15. 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 No. SR-BatsBYX-2017-15, and should be 
submitted on or before July 12, 2017.


[[Page 28369]]


    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-12889 Filed 6-20-17; 8:45 am]
 BILLING CODE 8011-01-P
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