80_FR_11755 80 FR 11713 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the NYSE Arca Options Fee Schedule

80 FR 11713 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the NYSE Arca Options Fee Schedule

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 42 (March 4, 2015)

Page Range11713-11715
FR Document2015-04422

Federal Register, Volume 80 Issue 42 (Wednesday, March 4, 2015)
[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)]
[Notices]
[Pages 11713-11715]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04422]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74382; File No. SR-NYSEARCA-2015-10]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending the NYSE 
Arca Options Fee Schedule

February 26, 2015.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on February 18, 2015, NYSE Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') filed with the Securities and Exchange Commission (the 
``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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend the NYSE Arca Options Fee Schedule 
(``Fee Schedule'') by adding to the Fee Schedule information regarding 
the number of option issues a Market Maker may have in their assignment 
in relation to the number of OTPs a Market Maker has. The text of the 
proposed rule change is available on the Exchange's Web site at 
www.nyse.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 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

[[Page 11714]]

of those 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 amend the Fee Schedule by adding to the 
Fee Schedule information from Rule 6.35(d)(1)-(4) regarding the number 
of options issues a Market Maker may have in its assignment in relation 
to the number of OTPs a Market Maker has.
    The Fee Schedule sets forth the fees and charges that participants 
on the Exchange can be expected to pay. However, NYSE Arca Market 
Makers need to refer to Rule 6.35 (d)(1) to (4) to ascertain the number 
of OTPs they are required to have depending on the number of option 
issues in their assignment. The Exchange is proposing to include this 
information in the Fee Schedule so that Market Makers have a single 
reference point to ascertain fees associated with their activities on 
the Exchange.\4\ In particular, because the Exchange charges a fee for 
each OTP assigned to an OTP Holder or OTP Firm (``OTPs''), the rule 
text identifies the fee structure by setting forth the number of 
trading permits that are required of OTPs acting as Market Makers 
according to the number of options issues included in their 
appointment.
---------------------------------------------------------------------------

    \4\ See e.g., NYSE Amex Options Fee Schedule, available here 
[sic], (Section III.A., Monday [sic] ATP Fees). See also Securities 
and Exchange Act Release No. 67505 (July 26, 2012), 77 FR 45292 
[sic] (July 31, 2012) (SR-NYSEMKT-2012-24) (filing for immediate 
effectiveness to add information regarding ATP Fees previously found 
in NYSE Arca Rule 923NY(d)(1)-(4) [sic] to Fee Schedule).
---------------------------------------------------------------------------

    Rule 6.35 (d)(1) to (4) sets forth the trading appointments of 
participants acting as Market Makers on the Exchange as follows:
    (1) Market Makers with 1 OTP may have up to 100 option issues 
included in their appointment.
    (2) Market Makers with 2 OTPs may have up to 250 option issues 
included in their appointment.
    (3) Market Makers with 3 OTPs may have up to 750 option issues 
included in their appointment.
    (4) Market Makers with 4 OTPs may have all option issues traded on 
the Exchange included in their appointment.
    The Exchange proposes to add the information from Rule 6.35(d)(1)-
(4) to the Fee Schedule under ``NYSE Arca GENERAL OPTIONS and TRADING 
PERMIT (OTP) FEES,'' subsection ``NYSE Arca Market Makers.'' Because 
the current fee schedule sets forth the monthly OTP Fees for NYSE Arca 
Market Makers, the Exchange proposes to delete this text and add the 
substance of the OTP fees back in a table format, together with the 
number of option issues permitted in a Market Maker's assignment 
depending on the OTPs held by such Market Maker as set forth in Rule 
6.35(d)(1)-(4). The proposed fee schedule would read as follows:
---------------------------------------------------------------------------

    \5\ The Commission notes that the Exhibit 5 submitted with this 
proposed rule change says ``Number of Options Issues Permitted in 
Market Makers Assignment.''

------------------------------------------------------------------------
                                             Number of issues  permitted
            Monthly fee per OTP                 \5\ in Market Maker's
                                               quoting assignmentmaker
------------------------------------------------------------------------
$6,000 for 1st OTP........................  Up to 100 option issues.
$5,000 for the 2nd OTP....................  Up to 250 option issues.
$4,000 for the 3rd OTP....................  Up to 750 option issues.
$3,000 for the 4th OTP....................  All option issues traded on
                                             the Exchange.
$1,000 for the 5th and additional OTPs....  All option issues traded on
                                             the Exchange.
------------------------------------------------------------------------

    The Exchange is not proposing any change in the number of OTPs 
required by Market Makers. The Exchange believes its proposed change 
would make the Fee Schedule more comprehensive, thereby better 
informing members.\6\
---------------------------------------------------------------------------

    \6\ Following effectiveness of this proposal, the Exchange plans 
to file an amendment to Rule 6.35 (Market Maker Appointments), which 
would include replacing the text of Rule 6.35(d)(1)-(4) with a 
reference to the Fee Schedule. The proposed change to the Fee 
Schedule is not contingent upon effectiveness of the changes to Rule 
6.35. Until any changes are made to Rule 6.35, the information about 
the number of option issues permitted in a Market Maker's assignment 
in relation to the number of OTPs it holds will appear in both the 
Fee Schedule and Rule 6.35.
---------------------------------------------------------------------------

    For consistency, the Exchange also proposes to make a non-
substantive formatting change to how it presents and formats the 
information related to OTP fees for Floor Brokers, Office, and Clearing 
Firms to align with the proposed changes to Market Maker OTP fees. The 
Exchange believes this proposed change would add clarify [sic] and 
consistency to the Fee Schedule.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Securities Exchange Act of 1934 (the 
``Act''),\7\ in general, and furthers the objectives of Section 6(b)(4) 
of the Act,\8\ in particular, because it provides for the equitable 
allocation of reasonable dues, fees, and other charges among its 
members, issuers and other persons using its facilities and does not 
unfairly discriminate between customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposed change is reasonable, 
equitable and not unfairly discriminatory because including in the Fee 
Schedule the number of permits required of OTP Holders and OTP Firms 
acting as Market Makers on the Exchange from Rule 6.35 (d)(1) through 
(4) improves the clarity and transparency of the Fee Schedule, which is 
to the benefit of all market participants who would be better able to 
understand the basis for Exchange fees.
    The Exchange believes that the proposed non-substantive formatting 
changes, including to re-organize how it presents information regarding 
OTP fees (e.g., streamlined information from current rule text, 
together with information from Rule 6.35(d)(1)-(4)), would likewise add 
to the clarity, transparency and comprehensibility of the Fee Schedule 
to the benefit of all market participants.

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 that is not necessary or appropriate 
in furtherance of the purposes of the Act. As noted above, the Exchange 
believes the proposed change will enhance to [sic] comprehensibility of 
the Fee Schedule to the benefit of all market participants, which is 
pro-competitive.
    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. 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.

[[Page 11715]]

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) \9\ of the Act and subparagraph (f)(2) of Rule 19b-
4\10\ thereunder, because it establishes a due, fee, or other charge 
imposed by the Exchange.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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) \11\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NYSEARCA-2015-10 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-NYSEARCA-2015-10. 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 NYSE's principal office and 
on its Internet Web site at www.nyse.com. 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-NYSEARCA-2015-10, and should be 
submitted on or before March 25, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-04422 Filed 3-3-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Notices                                                 11713

                                                  III. Date of Effectiveness of the                         IV. Solicitation of Comments                            For the Commission, by the Division of
                                                  Proposed Rule Change and Timing for                                                                            Trading and Markets, pursuant to delegated
                                                  Commission Action                                           Interested persons are invited to                  authority.12
                                                                                                            submit written data, views, and                      Jill M. Peterson,
                                                     Because the foregoing proposed rule                    arguments concerning the foregoing,                  Assistant Secretary.
                                                  change does not: (1) Significantly affect                 including whether the proposed rule                  [FR Doc. 2015–04420 Filed 3–3–15; 8:45 am]
                                                  the protection of investors or the public                 change is consistent with the Act.                   BILLING CODE 8011–01–P
                                                  interest; (2) impose any significant                      Comments may be submitted by any of
                                                  burden on competition; and (3) by its                     the following methods:
                                                  terms does not become operative for 30                                                                         SECURITIES AND EXCHANGE
                                                  days after the date of this filing, or such               Electronic Comments                                  COMMISSION
                                                  shorter time as the Commission may                          • Use the Commission’s Internet                    [Release No. 34–74382; File No. SR–
                                                  designate if consistent with the                          comment form (http://www.sec.gov/                    NYSEARCA–2015–10]
                                                  protection of investors and the public                    rules/sro.shtml); or
                                                  interest, the proposed rule change has                                                                         Self-Regulatory Organizations; NYSE
                                                  become effective pursuant to Section                        • Send an email to rule-comments@                  Arca, Inc.; Notice of Filing and
                                                  19(b)(3)(A) of the Act 9 and Rule 19b–                    sec.gov. Please include File Number SR–              Immediate Effectiveness of Proposed
                                                  4(f)(6) thereunder.10                                     EDGA–2015–12 on the subject line.                    Rule Change Amending the NYSE Arca
                                                     A proposed rule change filed under                     Paper Comments                                       Options Fee Schedule
                                                  Rule 19b–4(f)(6) normally does not                                                                             February 26, 2015.
                                                                                                              • Send paper comments in triplicate
                                                  become operative for 30 days after the                                                                            Pursuant to Section 19(b)(1) 1 of the
                                                                                                            to Secretary, Securities and Exchange
                                                  date of filing. However, Rule 19b–                                                                             Securities Exchange Act of 1934 (the
                                                                                                            Commission, 100 F Street NE.,
                                                  4(f)(6)(iii) permits the Commission to                                                                         ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                                                                            Washington, DC 20549–1090.
                                                  designate a shorter time if such action                                                                        notice is hereby given that, on February
                                                  is consistent with the protection of                      All submissions should refer to File                 18, 2015, NYSE Arca, Inc. (the
                                                  investors and the public interest. The                    Number SR–EDGA–2015–12. This file                    ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with
                                                  Exchange has asked the Commission to                      number should be included on the                     the Securities and Exchange
                                                  waive the 30-day operative delay so that                  subject line if email is used. To help the           Commission (the ‘‘Commission’’) the
                                                  the proposal may become operative                         Commission process and review your                   proposed rule change as described in
                                                  immediately upon filing. The                              comments more efficiently, please use                Items I, II, and III below, which Items
                                                  Commission believes that waiving the                      only one method. The Commission will                 have been prepared by the self-
                                                  30-day operative delay is consistent                      post all comments on the Commission’s                regulatory organization. The
                                                  with the protection of investors and the                  Internet Web site (http://www.sec.gov/               Commission is publishing this notice to
                                                  public interest as it will allow the                      rules/sro.shtml). Copies of the                      solicit comments on the proposed rule
                                                  Exchange to avoid potential investor                      submission, all subsequent                           change from interested persons.
                                                  confusion during the operative delay                      amendments, all written statements                   I. Self-Regulatory Organization’s
                                                  period by immediately eliminating                         with respect to the proposed rule                    Statement of the Terms of Substance of
                                                  exchange rules that account for a                         change that are filed with the                       the Proposed Rule Change
                                                  routing option that the Exchange can no                   Commission, and all written                            The Exchange proposes to amend the
                                                  longer provide due to LavaFlow ECN’s                      communications relating to the                       NYSE Arca Options Fee Schedule (‘‘Fee
                                                  cessation of operations.11 Accordingly,                   proposed rule change between the                     Schedule’’) by adding to the Fee
                                                  the Commission hereby grants the                          Commission and any person, other than                Schedule information regarding the
                                                  Exchange’s request and designates the                     those that may be withheld from the                  number of option issues a Market Maker
                                                  proposal operative upon filing.                           public in accordance with the                        may have in their assignment in relation
                                                     At any time within 60 days of the                      provisions of 5 U.S.C. 552, will be                  to the number of OTPs a Market Maker
                                                  filing of the proposed rule change, the                   available for Web site viewing and                   has. The text of the proposed rule
                                                  Commission summarily may                                  printing in the Commission’s Public                  change is available on the Exchange’s
                                                  temporarily suspend such rule change if                   Reference Room, 100 F Street NE.,                    Web site at www.nyse.com, at the
                                                  it appears to the Commission that such                    Washington, DC 20549, on official                    principal office of the Exchange, and at
                                                  action is necessary or appropriate in the                 business days between the hours of                   the Commission’s Public Reference
                                                  public interest, for the protection of                    10:00 a.m. and 3:00 p.m. Copies of the               Room.
                                                  investors, or otherwise in furtherance of                 filing also will be available for                    II. Self-Regulatory Organization’s
                                                  the purposes of the Act.                                  inspection and copying at the principal              Statement of the Purpose of, and
                                                                                                            office of the Exchange. All comments                 Statutory Basis for, the Proposed Rule
                                                    9 15  U.S.C. 78s(b)(3)(A).                              received will be posted without change;              Change
                                                    10 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      the Commission does not edit personal
                                                  4(f)(6)(iii) requires a self-regulatory organization to
                                                                                                            identifying information from                           In its filing with the Commission, the
                                                  provide the Commission with written notice of its                                                              self-regulatory organization included
                                                  intent to file the proposed rule change, along with       submissions. You should submit only
                                                  a brief description and text of the proposed rule                                                              statements concerning the purpose of,
                                                                                                            information that you wish to make
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  change, at least five business days prior to the date                                                          and basis for, the proposed rule change
                                                                                                            available publicly. All submissions
                                                  of filing of the proposed rule change, or such                                                                 and discussed any comments it received
                                                  shorter time as designated by the Commission. The         should refer to File Number SR–EDGA–                 on the proposed rule change. The text
                                                  Exchange has met this requirement.                        2015–12, and should be submitted on or
                                                     11 For purposes only of waiving the 30-day
                                                                                                            before March 25, 2015.                                 12 17 CFR 200.30–3(a)(12).
                                                  operative delay, the Commission has also
                                                                                                                                                                   1 15 U.S.C.78s(b)(1).
                                                  considered the proposed rule’s impact on
                                                                                                                                                                   2 15 U.S.C. 78a.
                                                  efficiency, competition, and capital formation. See
                                                  15 U.S.C. 78c(f).                                                                                                3 17 CFR 240.19b–4.




                                             VerDate Sep<11>2014    18:11 Mar 03, 2015   Jkt 235001   PO 00000   Frm 00085   Fmt 4703   Sfmt 4703   E:\FR\FM\04MRN1.SGM    04MRN1


                                                  11714                        Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Notices

                                                  of those statements may be examined at                  GENERAL OPTIONS and TRADING                            of the Act,8 in particular, because it
                                                  the places specified in Item IV below.                  PERMIT (OTP) FEES,’’ subsection                        provides for the equitable allocation of
                                                  The Exchange has prepared summaries,                    ‘‘NYSE Arca Market Makers.’’ Because                   reasonable dues, fees, and other charges
                                                  set forth in sections A, B, and C below,                the current fee schedule sets forth the                among its members, issuers and other
                                                  of the most significant parts of such                   monthly OTP Fees for NYSE Arca                         persons using its facilities and does not
                                                  statements.                                             Market Makers, the Exchange proposes                   unfairly discriminate between
                                                                                                          to delete this text and add the substance              customers, issuers, brokers or dealers.
                                                  A. Self-Regulatory Organization’s
                                                                                                          of the OTP fees back in a table format,
                                                  Statement of the Purpose of, and                                                                                  The Exchange believes that the
                                                                                                          together with the number of option
                                                  Statutory Basis for, the Proposed Rule                                                                         proposed change is reasonable,
                                                                                                          issues permitted in a Market Maker’s
                                                  Change                                                                                                         equitable and not unfairly
                                                                                                          assignment depending on the OTPs held
                                                                                                                                                                 discriminatory because including in the
                                                  1. Purpose                                              by such Market Maker as set forth in
                                                                                                                                                                 Fee Schedule the number of permits
                                                     The Exchange proposes to amend the                   Rule 6.35(d)(1)–(4). The proposed fee
                                                                                                          schedule would read as follows:                        required of OTP Holders and OTP Firms
                                                  Fee Schedule by adding to the Fee                                                                              acting as Market Makers on the
                                                  Schedule information from Rule                                                                                 Exchange from Rule 6.35 (d)(1) through
                                                                                                                                        Number of issues
                                                  6.35(d)(1)–(4) regarding the number of                    Monthly fee per            permitted 5 in Market     (4) improves the clarity and
                                                  options issues a Market Maker may have                        OTP                      Maker’s quoting         transparency of the Fee Schedule,
                                                  in its assignment in relation to the                                                  assignmentmaker          which is to the benefit of all market
                                                  number of OTPs a Market Maker has.                                                                             participants who would be better able to
                                                     The Fee Schedule sets forth the fees                 $6,000 for 1st OTP       Up to 100 option
                                                                                                                                      issues.                    understand the basis for Exchange fees.
                                                  and charges that participants on the
                                                                                                          $5,000 for the 2nd       Up to 250 option                 The Exchange believes that the
                                                  Exchange can be expected to pay.                          OTP.                      issues.
                                                  However, NYSE Arca Market Makers                                                                               proposed non-substantive formatting
                                                                                                          $4,000 for the 3rd       Up to 750 option
                                                  need to refer to Rule 6.35 (d)(1) to (4)                                                                       changes, including to re-organize how it
                                                                                                            OTP.                      issues.
                                                  to ascertain the number of OTPs they                    $3,000 for the 4th       All option issues traded      presents information regarding OTP fees
                                                  are required to have depending on the                     OTP.                      on the Exchange.           (e.g., streamlined information from
                                                  number of option issues in their                        $1,000 for the 5th       All option issues traded      current rule text, together with
                                                  assignment. The Exchange is proposing                     and additional            on the Exchange.           information from Rule 6.35(d)(1)–(4)),
                                                  to include this information in the Fee                    OTPs.                                                would likewise add to the clarity,
                                                  Schedule so that Market Makers have a                                                                          transparency and comprehensibility of
                                                                                                            The Exchange is not proposing any                    the Fee Schedule to the benefit of all
                                                  single reference point to ascertain fees
                                                                                                          change in the number of OTPs required                  market participants.
                                                  associated with their activities on the
                                                                                                          by Market Makers. The Exchange
                                                  Exchange.4 In particular, because the                                                                          B. Self-Regulatory Organization’s
                                                                                                          believes its proposed change would
                                                  Exchange charges a fee for each OTP                                                                            Statement on Burden on Competition
                                                                                                          make the Fee Schedule more
                                                  assigned to an OTP Holder or OTP Firm
                                                                                                          comprehensive, thereby better
                                                  (‘‘OTPs’’), the rule text identifies the fee                                                                     The Exchange does not believe that
                                                                                                          informing members.6
                                                  structure by setting forth the number of                  For consistency, the Exchange also                   the proposed rule change will impose
                                                  trading permits that are required of                    proposes to make a non-substantive                     any burden on competition that is not
                                                  OTPs acting as Market Makers according                  formatting change to how it presents                   necessary or appropriate in furtherance
                                                  to the number of options issues                         and formats the information related to                 of the purposes of the Act. As noted
                                                  included in their appointment.                          OTP fees for Floor Brokers, Office, and                above, the Exchange believes the
                                                     Rule 6.35 (d)(1) to (4) sets forth the               Clearing Firms to align with the                       proposed change will enhance to [sic]
                                                  trading appointments of participants                    proposed changes to Market Maker OTP                   comprehensibility of the Fee Schedule
                                                  acting as Market Makers on the                          fees. The Exchange believes this                       to the benefit of all market participants,
                                                  Exchange as follows:                                    proposed change would add clarify [sic]                which is pro-competitive.
                                                     (1) Market Makers with 1 OTP may
                                                                                                          and consistency to the Fee Schedule.                     The Exchange notes that it operates in
                                                  have up to 100 option issues included
                                                  in their appointment.                                   2. Statutory Basis                                     a highly competitive market in which
                                                     (2) Market Makers with 2 OTPs may                                                                           market participants can readily favor
                                                                                                             The Exchange believes that the                      competing venues. In such an
                                                  have up to 250 option issues included                   proposed rule change is consistent with
                                                  in their appointment.                                                                                          environment, the Exchange must
                                                                                                          Section 6(b) of the Securities Exchange
                                                     (3) Market Makers with 3 OTPs may                                                                           continually review, and consider
                                                                                                          Act of 1934 (the ‘‘Act’’),7 in general, and
                                                  have up to 750 option issues included                                                                          adjusting, its fees and credits to remain
                                                                                                          furthers the objectives of Section 6(b)(4)
                                                  in their appointment.                                                                                          competitive with other exchanges. For
                                                     (4) Market Makers with 4 OTPs may                       5 The Commission notes that the Exhibit 5
                                                                                                                                                                 the reasons described above, the
                                                  have all option issues traded on the                    submitted with this proposed rule change says          Exchange believes that the proposed
                                                  Exchange included in their                              ‘‘Number of Options Issues Permitted in Market         rule change reflects this competitive
                                                  appointment.                                            Makers Assignment.’’                                   environment.
                                                                                                             6 Following effectiveness of this proposal, the
                                                     The Exchange proposes to add the
                                                  information from Rule 6.35(d)(1)–(4) to                 Exchange plans to file an amendment to Rule 6.35       C. Self-Regulatory Organization’s
                                                                                                          (Market Maker Appointments), which would               Statement on Comments on the
                                                  the Fee Schedule under ‘‘NYSE Arca                      include replacing the text of Rule 6.35(d)(1)–(4)
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          with a reference to the Fee Schedule. The proposed     Proposed Rule Change Received From
                                                     4 See e.g., NYSE Amex Options Fee Schedule,          change to the Fee Schedule is not contingent upon      Members, Participants, or Others
                                                  available here [sic], (Section III.A., Monday [sic]     effectiveness of the changes to Rule 6.35. Until any
                                                  ATP Fees). See also Securities and Exchange Act         changes are made to Rule 6.35, the information           No written comments were solicited
                                                  Release No. 67505 (July 26, 2012), 77 FR 45292 [sic]    about the number of option issues permitted in a       or received with respect to the proposed
                                                  (July 31, 2012) (SR–NYSEMKT–2012–24) (filing for        Market Maker’s assignment in relation to the
                                                                                                          number of OTPs it holds will appear in both the Fee
                                                                                                                                                                 rule change.
                                                  immediate effectiveness to add information
                                                  regarding ATP Fees previously found in NYSE Arca        Schedule and Rule 6.35.
                                                  Rule 923NY(d)(1)-(4) [sic] to Fee Schedule).               7 15 U.S.C. 78f(b).                                  8 15   U.S.C. 78f(b)(4).



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                                                                                 Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Notices                                                     11715

                                                  III. Date of Effectiveness of the                       proposed rule change between the                      thereunder,4 which renders it effective
                                                  Proposed Rule Change and Timing for                     Commission and any person, other than                 upon filing with the Commission. The
                                                  Commission Action                                       those that may be withheld from the                   Commission is publishing this notice to
                                                     The foregoing rule change is effective               public in accordance with the                         solicit comments on the proposed rule
                                                  upon filing pursuant to Section                         provisions of 5 U.S.C. 552, will be                   change from interested persons.
                                                  19(b)(3)(A) 9 of the Act and                            available for Web site viewing and
                                                                                                                                                                I. Self-Regulatory Organization’s
                                                  subparagraph (f)(2) of Rule 19b–410                     printing in the Commission’s Public
                                                                                                                                                                Statement of the Terms of Substance of
                                                  thereunder, because it establishes a due,               Reference Room, 100 F Street NE.,
                                                                                                                                                                the Proposed Rule Change
                                                  fee, or other charge imposed by the                     Washington, DC 20549, on official
                                                  Exchange.                                               business days between the hours of                       The Exchange filed a proposal to
                                                     At any time within 60 days of the                    10:00 a.m. and 3:00 p.m. Copies of the                amend Rule 11.11, Routing to Away
                                                  filing of such proposed rule change, the                filing will also be available for                     Trading Centers, to delete references to
                                                  Commission summarily may                                inspection and copying at the NYSE’s                  the ROLF routing option, which routed
                                                  temporarily suspend such rule change if                 principal office and on its Internet Web              orders to LavaFlow ECN.
                                                  it appears to the Commission that such                  site at www.nyse.com. All comments                       The text of the proposed rule change
                                                  action is necessary or appropriate in the               received will be posted without change;               is available at the Exchange’s Web site
                                                  public interest, for the protection of                  the Commission does not edit personal                 at www.batstrading.com, at the
                                                  investors, or otherwise in furtherance of               identifying information from                          principal office of the Exchange, and at
                                                  the purposes of the Act. If the                         submissions. You should submit only                   the Commission’s Public Reference
                                                  Commission takes such action, the                       information that you wish to make                     Room.
                                                  Commission shall institute proceedings                  available publicly. All submissions                   II. Self-Regulatory Organization’s
                                                  under Section 19(b)(2)(B) 11 of the Act to              should refer to File Number SR–                       Statement of the Purpose of, and
                                                  determine whether the proposed rule                     NYSEARCA–2015–10, and should be                       Statutory Basis for, the Proposed Rule
                                                  change should be approved or                            submitted on or before March 25, 2015.                Change
                                                  disapproved.                                               For the Commission, by the Division of                In its filing with the Commission, the
                                                  IV. Solicitation of Comments                            Trading and Markets, pursuant to delegated            Exchange included statements
                                                                                                          authority.12
                                                    Interested persons are invited to                                                                           concerning the purpose of and basis for
                                                                                                          Jill M. Peterson,                                     the proposed rule change and discussed
                                                  submit written data, views, and                         Assistant Secretary.
                                                  arguments concerning the foregoing,                                                                           any comments it received on the
                                                  including whether the proposed rule
                                                                                                          [FR Doc. 2015–04422 Filed 3–3–15; 8:45 am]            proposed rule change. The text of these
                                                  change is consistent with the Act.                      BILLING CODE 8011–01–P                                statements may be examined at the
                                                  Comments may be submitted by any of                                                                           places specified in Item IV below. The
                                                  the following methods:                                                                                        Exchange has prepared summaries, set
                                                                                                          SECURITIES AND EXCHANGE                               forth in Sections A, B, and C below, of
                                                  Electronic Comments                                     COMMISSION                                            the most significant parts of such
                                                     • Use the Commission’s Internet                      [Release No. 34–74381; File No. SR–EDGX–
                                                                                                                                                                statements.
                                                  comment form (http://www.sec.gov/                       2015–11]                                              A. Self-Regulatory Organization’s
                                                  rules/sro.shtml); or                                                                                          Statement of the Purpose of, and the
                                                     • Send an email to rule-comments@                    Self-Regulatory Organizations; EDGX                   Statutory Basis for, the Proposed Rule
                                                  sec.gov. Please include File Number SR–                 Exchange, Inc.; Notice of Filing and                  Change
                                                  NYSEARCA–2015–10 on the subject                         Immediate Effectiveness of a Proposed
                                                  line.                                                   Rule Change To Amend Rule 11.11,                      1. Purpose
                                                  Paper Comments                                          Routing to Away Trading Centers, To                      The Exchange proposes to amend
                                                                                                          Delete References to the ROLF                         Rule 11.11, Routing to Away Trading
                                                     • Send paper comments in triplicate                  Routing Option, Which Routed Orders                   Centers, to delete references under
                                                  to Secretary, Securities and Exchange                   to LavaFlow ECN                                       subparagraph (7) to the ROLF routing
                                                  Commission, 100 F Street NE.,                                                                                 option, which routed to LavaFlow ECN.
                                                  Washington, DC 20549–1090.                              February 26, 2015.
                                                                                                                                                                These changes are being proposed in
                                                  All submissions should refer to File                       Pursuant to Section 19(b)(1) of the                response to LavaFlow ECN ceasing
                                                  Number SR–NYSEARCA–2015–10. This                        Securities Exchange Act of 1934 (the                  market operations on Friday, January
                                                  file number should be included on the                   ‘‘Act’’),1 and Rule 19b–4 thereunder,2                30, 2015. Under Rule 11.11(g)(7), an
                                                  subject line if email is used.                          notice is hereby given that on February               order utilizing the ROLF routing option
                                                     To help the Commission process and                   23, 2015, EDGX Exchange, Inc. (the                    first checked the System 5 for available
                                                  review your comments more efficiently,                  ‘‘Exchange’’ or ‘‘EDGX’’) filed with the
                                                                                                                                                                shares and was then routed to the
                                                  please use only one method. The                         Securities and Exchange Commission
                                                                                                                                                                LavaFlow ECN. If shares remained
                                                  Commission will post all comments on                    (‘‘Commission’’) the proposed rule
                                                                                                                                                                unexecuted after being routed, they
                                                  the Commission’s Internet Web site                      change as described in Items I and II
                                                                                                                                                                were cancelled, unless otherwise
                                                  (http://www.sec.gov/rules/sro.shtml).                   below, which Items have been prepared
                                                                                                                                                                instructed by the User.6 As of February
                                                  Copies of the submission, all subsequent                by the Exchange. The Exchange has
                                                  amendments, all written statements                      designated this proposal as a ‘‘non-                    4 17 CFR 240.19b–4(f)(6)(iii).
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  with respect to the proposed rule                       controversial’’ proposed rule change                    5 Exchange  Rule 1.5(cc) defines ‘‘System’’ as ‘‘the
                                                  change that are filed with the                          pursuant to Section 19(b)(3)(A) of the                electronic communications and trading facility
                                                  Commission, and all written                             Act 3 and Rule 19b–4(f)(6)(iii)                       designated by the Board through which securities
                                                                                                                                                                orders of Users are consolidated for ranking,
                                                  communications relating to the                                                                                execution and, when applicable, routing away.’’
                                                                                                            12 17 CFR 200.30–3(a)(12).                            6 The term ‘‘User’’ is defined as ‘‘any Member or
                                                    9 15 U.S.C. 78s(b)(3)(A).                               1 15 U.S.C. 78s(b)(1).                              Sponsored Participant who is authorized to obtain
                                                    10 17 CFR 240.19b–4(f)(2).                              2 17 CFR 240.19b–4.
                                                                                                                                                                access to the System pursuant to Rule 11.3.’’ See
                                                    11 15 U.S.C. 78s(b)(2)(B).                              3 15 U.S.C. 78s(b)(3)(A).                           Exchange Rule 1.5(ee).



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Document Created: 2018-02-21 09:31:57
Document Modified: 2018-02-21 09:31:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 11713 

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