[Federal Register Volume 78, Number 108 (Wednesday, June 5, 2013)]
[Notices]
[Pages 33880-33882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13285]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69669; File No. SR-EDGA-2013-14]


Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change Relating to 
Amendments to the EDGA Exchange, Inc. Fee Schedule

May 30, 2013.
    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 May 21, 2013, EDGA Exchange, Inc. (the ``Exchange'' or 
``EDGA'') 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 self-regulatory 
organization. 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend its fees and rebates applicable to 
Members \3\ and non-Members of the Exchange pursuant to EDGA Rule 
15.1(a) and (c). All of the changes described herein are applicable to 
EDGA Members and non-Members. The text of the proposed rule change is 
available on the Exchange's Internet Web site at www.directedge.com, at 
the Exchange's principal office, and at the Public Reference Room of 
the Commission.
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    \3\ As defined in Exchange Rule 1.5(n).
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II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of these statements may be examined at 
the places specified in Item IV below. The self-regulatory organization 
has prepared summaries, set forth in sections A, B and C below, of the 
most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange currently maintains logical ports for order entry 
(FIX, HP-API), drop copies (DROP), and market data (Data) 
(collectively, ``Direct Logical Ports'').\4\ The Exchange currently 
offers five (5) free Direct Logical Ports and charges $500 for each 
additional Direct Logical Port. Currently, Members and non-Members may 
send live or test symbols through their FIX and/or HP-API logical 
ports. Members and non-Members may choose to send test symbols via 
their FIX and/or HP-API logical ports in order to test their software 
developed to take advantage of newly implemented exchange enhancements 
or to test their own software updates prior to implementation.
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    \4\ See Securities and Exchange Act Release No. 64964 (July 26, 
2011), 76 FR 45898 (August 1, 2011) (SR-EDGA-2011-22) (proposing to 
include logical ports that receive market data among the types of 
logical ports that the Exchange assesses a monthly fee to Members 
and non-Members). See also Securities and Exchange Act Release No. 
67742 (Aug. 28, 2012), 77 FR 53951 (Sept. 4, 2012) (SR-EDGA-2012-37) 
(proposing to reduce the quantity of free Direct Logical Ports from 
ten to five).
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    In order to provide dedicated testing ports to Members and non-
Members to conduct the testing behavior described above, the Exchange 
proposes to add EdgeRisk Ports (``Test Ports'') to the list of Direct 
Logical Ports currently offered by the Exchange. Test Ports would 
provide Members, and non-Member service bureaus that act as conduits 
for orders entered by Members that are their customers, access to a 
System \5\ test environment through which they can test their automated 
systems that integrate with the Exchange. Although Members and non-
Members currently have the ability to send live and test symbols via 
FIX and/or HP-API logical ports, Test Ports are dedicated FIX or HP-API 
ports that would only allow orders for designated test symbols to flow 
through the production environment, rejecting any live symbols. This 
would provide Members and non-Members an opportunity to safely test 
their software developed to take advantage of newly implemented 
exchange enhancements or to test their own software updates prior to

[[Page 33881]]

implementation without the risk of accidentally sending live symbols. 
The Exchange notes that Members and non-Members that choose not to 
utilize Test Ports will continue to be able to send live and test 
symbols via their FIX and/or HP-API logical ports.
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    \5\ As defined in Exchange Rule 1.5(cc).
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    Accordingly, the Exchange proposes to amend its fee schedule to 
include Test Ports in the list of the Direct Logical Ports currently 
offered by the Exchange. The Exchange notes that Test Ports would be 
included among the five free Direct Logical Ports currently offered by 
the Exchange to Members and non-Members. In addition, the Exchange 
notes that it would continue to assess a monthly fee of $500 for every 
logical port Members and non-Members maintain in excess of the five 
free Direct Logical Ports.\6\
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    \6\ See EDGA, EDGA Exchange Fee Schedule, https://www.directedge.com/Membership/FeeSchedule/EDGAFeeSchedule.aspx.
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    Lastly, the Exchange proposes to make a ministerial change to the 
text of its fee schedule by amending the phrases ``DIRECT Logical 
Ports'' to ``Direct Logical Ports'' and ``DIRECT Sessions'' to ``Direct 
Sessions.''
    The Exchange proposes to implement this proposal on June 3, 2013. 
The Exchange, pursuant to an information circular, will communicate to 
Members and non-Members that the Exchange proposed these changes in a 
filing with the Securities and Exchange Commission.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6 of the Act,\7\ in general, and furthers the objectives 
of Section 6(b)(4),\8\ in particular, as it is designed to provide for 
the equitable allocation of reasonable dues, fees and other charges 
among its Members and other persons using its facilities.
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    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that the proposed fee structure will provide 
incentives to Members and non-Members to make efficient use of Test 
Ports while also providing market participants with the ability to 
safely test changes to their systems in a production environment. 
Recent challenges and industry experiences have highlighted the ongoing 
need for rigorous testing of trading software and infrastructure 
modifications.\9\ In providing Members and non-Members the option to 
obtain and use Test Ports, the Exchange can assist market participants 
by providing effective ways for them to verify the completeness and 
correctness of their trading system modifications before transitioning 
those changes to their production trading environment.
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    \9\ See, e.g., Securities Exchange Act Release No. 69077, 78 FR 
18084 (March 25, 2013) (File No. S7-01-13) (proposing release for 
Regulation SCI stressing the importance of industry-wide testing to 
determine the behavior of automated systems under a variety of 
simulated conditions as a way to aid error prevention, including 
through the use of test facilities and test symbols).
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    The Exchange would use the revenue generated from its proposal to 
fund its administrative and infrastructure costs associated with 
allowing Members and non-Members to establish logical ports to connect 
to the Exchange's systems and continue to maintain and improve its 
infrastructure, market technology and services. The fees generated by 
the proposed fee amendment would cover the costs associated with 
responding to customer requests, configuring the Exchange's systems, 
programming to user specifications, and administering the testing 
service, among others. The additional revenue would offset the costs of 
maintaining a robust environment through which market participants can 
test their software modifications.
    The Exchange also notes that assessing charges for Direct Logical 
Ports in excess of the five free ports, inclusive of the Test Ports, is 
reasonable because it is consistent with the practices of other 
exchanges, such as the BATS Exchange, Inc. and the NASDAQ OMX Group, 
Inc. that charge customers for logical ports.\10\ The Exchange further 
notes that the purchase of Test Ports is optional as Members and Non-
Members may continue to send live and test symbols via their FIX and/or 
HP-API logical ports without purchasing Test Ports.
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    \10\ See BATS Exchange, Inc., BATS BZX Exchange Fee Schedule, 
http://batstrading.com/FeeSchedule. See also NASDAQ OMX Group, Inc., 
Price List-Trading & Connectivity, http://www.nasdaqtrader.com/Trader.aspx?id=PriceListTrading2.
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    Lastly, the Exchange believes that its proposal to add Test Ports 
to the list of Direct Logical Ports offered by the Exchange is non-
discriminatory as it applies uniformly to Members and non-Members.

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

    The proposed rule change does not impose any burden on competition 
that is not necessary or appropriate in furtherance of the purposes of 
the Act. The Exchange does not believe that the proposed amendment to 
the fee schedule represents a significant departure from previous 
Exchange fees or such fees offered by the Exchange's competitors.\11\
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    \11\ Id.
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    The Exchange believes that its proposal would increase competition 
among trading centers as a robust production testing environment 
enhances the quality of facilities the Exchange provides. Recent market 
events underscore the important need for rigorous testing of system 
modifications, and the Exchange has an opportunity to assist its 
Members and non-Members by providing effective ways for them to verify 
the completeness of their modifications. Those exchanges that provide 
an environment that allows market participants to safely test their 
system modifications help their market participants to reduce errors, 
thereby improving the overall quality of the exchange compared to those 
that do not provide similar capabilities.
    Additionally, Members and non-Members may opt to disfavor the 
Exchange's pricing if they believe that alternative venues offer them 
better value. Accordingly, if the Exchange is charging excessive fees, 
the Exchange would stand to lose not only connectivity revenues but 
also revenues associated with the execution of orders routed to it, 
and, to the extent applicable, market data revenues. The Exchange 
believes that this competitive dynamic imposes powerful restraints on 
the ability of any exchange to charge unreasonable fees for 
connectivity.
    The Exchange believes that the proposed rule change would not 
burden intramarket competition because the purchase of Test Ports is 
optional and available to all Members and non-Members at rates that 
apply on a uniform basis.

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 \12\ and Rule 19b-4(f)(2) \13\ thereunder. At 
any time within 60 days of the filing of such proposed rule

[[Page 33882]]

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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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(2).
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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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please 
include File Number SR-EDGA-2013-14 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-EDGA-2013-14. 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 (http://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-EDGA-2013-14 and should be 
submitted on or before June 26, 2013.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-13285 Filed 6-4-13; 8:45 am]
BILLING CODE 8011-01-P