[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Notices]
[Pages 50059-50061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20280]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75677; File No. SR-BYX-2015-34]


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

August 12, 2015.
    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 August 3, 2015, BATS Y-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) (``Fee Schedule'') to: (i) Modify the rebate structure 
for certain routing strategies that route to NASDAQ OMX BX, Inc. 
(``Nasdaq BX''); and (ii) adopt a new tier applicable to certain routed 
orders as well as a new definition to support such tier.
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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 statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
Sections A, B, and C below, of the most significant parts of such 
statements.

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

1. Purpose
    The Exchange proposes to: (i) Modify the rebate structure for 
certain routing strategies that route to Nasdaq BX; and (ii) adopt a 
new tier applicable to certain routed orders as well as a new 
definition to support such tier.
Amended Fee Code C
    The Exchange currently provides: (i) A rebate of $0.0016 per share 
for Members' orders that yield fee code C, applicable to orders routed 
to Nasdaq BX using the Destination Specific routing strategy; \6\ (ii) 
a rebate of $0.0010 per share for Members' orders that yield fee code 
TV, applicable to orders routed to Nasdaq BX using the TRIM2 routing 
strategy; \7\ and (iii) a rebate of $0.0015 per share for Members' 
orders that yield fee code TX, applicable to orders routed to Nasdaq BX 
using the TRIM routing strategy.\8\ The Exchange proposes to amend its 
Fee Schedule to provide a standard rebate of $0.0010 per share for 
Members' orders that yield fee code C, which would continue to include 
Destination Specific routing to Nasdaq BX as well as routing to Nasdaq 
BX using the TRIM and TRIM2 routing strategies. The Exchange would, in 
turn, eliminate fee codes TV and TX. The Exchange notes that the 
$0.0010 per share rebate provided pursuant to the proposed change may 
still be a higher rebate for an order routed to Nasdaq BX that a Member 
may obtain when routing directly to Nasdaq BX, depending on the 
applicable tier for which such Member may qualify. Nasdaq BX currently 
provides a standard rebate to remove

[[Page 50060]]

liquidity of $0.0006 per share, with various tiers providing rebates up 
to $0.0017 per share.\9\
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    \6\ The Destination Specific routing strategy is defined in Rule 
11.13(b)(3)(E).
    \7\ The TRIM2 routing strategy is defined in Rule 
11.13(b)(3)(G)(v).
    \8\ The TRIM routing strategy is defined in Rule 
11.13(b)(3)(G)(iv).
    \9\ See the Nasdaq BX fee schedule available at: http://www.nasdaqtrader.com/Trader.aspx?id=bx_pricing.
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Routing Tier
    In conjunction with the change above, the Exchange proposes to 
adopt a Routing Tier that would allow Members to achieve a higher 
rebate for orders routed to Nasdaq BX through the Destination Specific, 
TRIM and TRIM2 routing strategies. Specifically, for such orders, which 
will yield fee code C, the Exchange proposes to provide a rebate of 
$0.0016 per share to any Member that maintains ADV, as defined below, 
equal to or greater than 0.10% of the TCV.\10\ Thus, if a Member 
qualifies for this tier, such Member will be able to continue to 
receive the same rebate that was previously provided for Destination 
Specific routing and a higher rebate than has been previously provided 
for routing through the TRIM and TRIM2 routing strategies.
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    \10\ ``TCV'' means total consolidated volume calculated as the 
volume reported by all exchanges to the consolidated transaction 
reporting plan for the month for which the fees apply.
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    The Exchange's Fee Schedule currently defines the term ADAV, which 
means the average daily volume calculated as the number of shares added 
per day. The Exchange proposes to adopt a definition of ADV, which 
would mean the number of shares added or removed, combined, per day. As 
is true for ADAV, the Exchange proposes to calculate ADV on a monthly 
basis.
    The Exchange also proposes to extend each of the volume exclusions 
and details applicable to ADAV to the new definition of ADV. Thus, the 
Exchange proposes to exclude from its calculation of ADV shares added 
on any day that the Exchange's system experiences a disruption that 
lasts for more than 60 minutes during regular trading hours (``Exchange 
System Disruption''), on any day with a scheduled early market close 
and on the last Friday in June (the ``Russell Reconstitution Day''). 
The Exchange also proposes to make clear that routed shares are not 
included in ADAV or ADV calculation. Finally, the Exchange proposes to 
state on the Fee Schedule that with prior notice to the Exchange, a 
Member may aggregate ADAV or ADV with other Members that control, are 
controlled by, or are under common control with such Member (as 
evidenced on such Member's Form BD). The Exchange notes that the 
proposed definition of ADV is based on the fee schedules of affiliates 
of the Exchange, including BATS Exchange, Inc., which already has 
definitions of both ADV and ADAV.\11\
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    \11\ See the BATS Exchange fee schedule available at: http://batstrading.com/support/fee_schedule/bzx/.
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Implementation Date
    The Exchange proposes to implement these amendments to its Fee 
Schedule immediately.
2. Statutory Basis
    The Exchange believes that the proposed rule change is 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. The proposed rule change reflects a competitive 
pricing structure designed to incent market participants to direct 
their order flow to the Exchange. The Exchange believes that the 
proposed rates are equitable and non-discriminatory in that they apply 
uniformly to all Members. The Exchange believes the fees and credits 
remain competitive with those charged by other venues and therefore 
continue to be reasonable and equitably allocated to Members.
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    \12\ 15 U.S.C. 78f.
    \13\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that its proposal to modify the rebate for 
Members' orders that yield fee code C from $0.0016 to $0.0010 per share 
and to include TRIM and TRIM2 routing strategies that execute at Nasdaq 
BX within such fee code represents an equitable allocation of 
reasonable dues, fees, and other charges among Members and other 
persons using its facilities. The Exchange notes that this will not 
result in any change, other than the fee code assigned, to Members 
using the TRIM2 routing strategy. Though the proposed change will 
result in a lower rebate for Members using the Destination Specific and 
TRIM routing strategies, the Exchange notes that the rebate provided 
for routing to Nasdaq BX through the Exchange is still higher than the 
rebate provided by Nasdaq BX unless a Member would otherwise qualify 
for certain higher rebate tiers at Nasdaq BX. Further, the Exchange 
notes that the proposed Routing Tier will provide Members with an 
opportunity to maintain the same rebate earned for Destination Specific 
routing to Nasdaq BX and a higher rebate than was previously available 
for the TRIM and TRIM2 routing strategies for orders executed at Nasdaq 
BX. Therefore, the Exchange believes that the proposed changes to fee 
code C and the elimination of fee codes TX and TV is equitable and 
reasonable. The Exchange notes that routing through the Exchange is 
voluntary. Lastly, the Exchange also believes that the proposed 
amendment is non-discriminatory because it applies uniformly to all 
Members.
    The Exchange believes that the proposed addition of the Routing 
Tier represents an equitable allocation of reasonable dues, fees, and 
other charges among Members and other persons using its facilities 
because it rewards Members that contribute to price discovery on the 
Exchange. Volume-based rebates such as the ones proposed herein have 
been widely by equities and options exchanges, and are equitable and 
reasonable because they are open to all Members on an equal basis and 
provide discounts or rebates 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. The Exchange believes that the proposed rebate for the 
Routing Tier is reasonable because it is the same rebate as is 
currently provided for Destination Specific routing for orders executed 
at Nasdaq BX and is comparable to the rebate provided by Nasdaq BX 
directly to participants on Nasdaq BX that reach the highest tier.\14\ 
The Exchange also believes that the proposed Routing Tier is fair and 
equitable and non-discriminatory in that it will be available to all 
Members.
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    \14\ See supra, note 7.
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe its proposed amendments 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 change represents a significant 
departure from previous pricing offered by the Exchange or pricing 
offered by the Exchange's competitors. Additionally, Members may opt to 
disfavor the Exchange's pricing if they believe that alternatives offer 
them better value. Accordingly, the Exchange does not believe that the 
proposed change will

[[Page 50061]]

impair the ability of Members or competing venues to maintain their 
competitive standing in the financial markets. The Exchange does not 
believe that its proposal would burden intramarket competition because 
the proposed rate would apply uniformly to all Members and the Routing 
Tier would be equally available to all Members.

(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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-BYX-2015-34 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-BYX-2015-34. 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 will also be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-BYX-2015-34 and should be 
submitted on or before September 8, 2015.

Brent J. Fields,
Secretary.
[FR Doc. 2015-20280 Filed 8-17-15; 8:45 am]
 BILLING CODE 8011-01-P