6144 Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Notices 

12 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 65225 

(August 30, 2011) 76 FR 55148 (September 6, 2011) 

(SR–BATS–2011–018). 

4As defined in BATS Rule 11.8(e)(1)(A), the term 

‘‘ETP’’ means any security listed pursuant to 

Exchange Rule 14.11. 

5See Securities Exchange Act Release No. 66422 

(February 17, 2012) 77 FR 11179 (February 24, 

2012) (SR–BATS–2012–010). 

6See Securities Exchange Act Release No. 72377 

(June 12, 2014) 79 FR 34822 (June 18, 2014) (SR– 

BATS–2014–024). 

7See Securities Exchange Act Release No. 73414 

(October 23, 2014) 79 FR 64434 (October 29, 2014) 

(SR–BATS–2014–050) 

investors, or otherwise in furtherance of 

the purposes of the Act. If the 

Commission takes such action, the 

Commission shall institute proceedings 

to determine whether the proposed rule 

should be approved or disapproved. 

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 rulecomments@sec.gov. Please include File 

Number SR–NYSE–2015–04 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–NYSE–2015–04. 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 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–NYSE– 

2015–04, and should be submitted on or 

before February 25, 2015. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Jill M. Peterson, 

Assistant Secretary. 

[FR Doc. 2015–02108 Filed 2–3–15; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–74173; File No. SR–BATS– 

2015–06] 

Self-Regulatory Organizations; BATS 

Exchange, Inc.; Notice of Filing and 

Immediate Effectiveness of a Proposed 

Rule Change to Amend the Fees 

Applicable to Securities Listed on 

BATS Exchange, Inc. pursuant to Rule 

14.13 

January 29, 2015. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on January 

22, 2015, BATS Exchange, Inc. (the 

‘‘Exchange’’ or ‘‘BATS’’) 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 

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 fees applicable to securities 

listed on the Exchange pursuant to 

BATS Rule 14.13. Changes to the 

Exchange’s fees pursuant to this 

proposal are effective upon filing. 

Changes to the fee schedule pursuant to 

this proposal are effective upon filing. 

The text of the proposed rule change 

is available at the Exchange’s Web site 

at http://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 

On August 30, 2011, the Exchange 

received approval of rules applicable to 

the qualification, listing, and delisting 

of companies on the Exchange,3 which 

it modified on February 8, 2012 in order 

to adopt pricing for the listing of 

exchange traded products (‘‘ETPs’’)4 on 

the Exchange,5 which it subsequently 

modified again on June 4, 2014,6 and 

October 16, 2014.7 The Exchange 

proposes to modify Rule 14.13, entitled 

‘‘Company Listing Fees,’’ to modify how 

the Exchange administers the billing of 

the application fee applicable to the 

listing of ETPs to more closely align 

with the Exchange’s typical billing 

cycle, which is administered on a 

monthly basis. Currently, the issuer of 

an ETP is required to pay the $5,000 

application fee to the Exchange with the 

application to list the ETP on the 

Exchange. The Exchange is proposing to 

amend the language in Rule 

14.13(b)(1)(C) such that the application 

fee for ETPs becomes billable to the 

issuer for the month during which the 

ETP is first listed on the Exchange. As 

proposed, instead of requiring the 

Exchange to take payment without 

issuing any bill, the Exchange would 

bill application fees to issuers on a 

monthly basis, which is in line with 

how the Exchange applies most other 

aspects of its billing. The Exchange 

notes that it is not proposing to amend 

the $5,000 application fee for ETPs. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

the requirements of the Act and the 

rules and regulations thereunder that 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Notices 6145 

8 15 U.S.C. 78f. 

9 15 U.S.C. 78f(b)(4) and (5). 

10 15 U.S.C. 78s(b)(3)(A). 

11 17 CFR 240.19b–4(f). 

12 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

are applicable to a national securities 

exchange, and, in particular, with the 

requirements of Section 6 of the Act.8

Specifically, the Exchange believes that 

the proposed rule change is consistent 

with Section 6(b)(4) and 6(b)(5) of the 

Act,9 in that it provides for the equitable 

allocation of reasonable dues, fees and 

other charges among issuers and it does 

not unfairly discriminate between 

customers, issuers, brokers or dealers. 

The Exchange believes that the 

proposed changes are a reasonable, 

equitable, and non-discriminatory 

allocation of fees to issuers because the 

proposal is designed only to amend the 

timing and method with which issuers 

are billed for the application fee for 

ETPs and not to make any changes to 

the amount of the $5,000 application 

fee. Further, the proposal will benefit all 

ETP issuers because it will allow them 

to pay their application fee at a later 

date than they are required to pay the 

application fee today. The Exchange 

also notes that the proposed changes 

will apply equally to all issuers that list 

ETPs on the Exchange. Based on the 

foregoing, the Exchange believes that 

the proposed amendment to the billing 

associated with application fees for 

ETPs is a reasonable, equitable, and 

non-discriminatory allocation of fees to 

issuers. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The Exchange does not believe that 

the proposed rule change will result in 

any burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act, as amended. 

With respect to the proposed new 

billing method for the application fee 

related to ETPs, the Exchange does not 

believe that the changes burden 

competition, but instead, enhance 

competition, as it is intended to increase 

the competitiveness of the Exchange’s 

listings program by allowing the 

Exchange to offer ETPs the ability to pay 

their application fees after an ETP is 

already listed and trading on the 

Exchange instead of requiring the issuer 

to pay the application fee upon 

submission of their application. As 

such, the proposal is a competitive 

proposal that is intended to make the 

Exchange a more attractive venue for 

ETP listings, which will, in turn, benefit 

the Exchange and all other BATS-listed 

ETPs. 

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 Act10 and paragraph (f) of Rule 

19b–4 thereunder.11 At any time within 

60 days of the filing of the proposed rule 

change, the Commission summarily may 

temporarily suspend such rule change if 

it appears to the Commission that such 

action is necessary or appropriate in the 

public interest, for the protection of 

investors, or otherwise in furtherance of 

the purposes of the Act. 

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 rule-comments@

sec.gov. Please include File Number SR– 

BATS–2015–06 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–BATS–2015–06. 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 such 

filing also will be available for 

inspection and copying at the principal 

offices 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–BATS– 

2015–06, and should be submitted on or 

before February 25, 2015. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Jill M. Peterson, 

Assistant Secretary. 

[FR Doc. 2015–02107 Filed 2–3–15; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–74169; File No. SR–CBOE– 

2015–011] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Notice of Filing of a 

Proposed Rule Change To Amend 

Exchange Rules Related to Order 

Tickets 

January 29, 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 January 

23, 2015, Chicago Board Options 

Exchange, Incorporated (the ‘‘Exchange’’ 

or ‘‘CBOE’’) filed with the Securities 

and Exchange Commission (the 

‘‘Commission’’) the proposed rule 

change as described in Items I and II 

below, which Items have been prepared 

by the Exchange. 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 proposes to amend its 

rules related to order tickets. The text of 

mstockstill on DSK4VPTVN1PROD with NOTICES