80_FR_21357 80 FR 21283 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the NYSE Arca Equities Schedule of Fees and Charges for Exchange Services To Provide a Second Way To Qualify for the Cross-Asset Tier Credit of $0.0030 Per Share for Orders That Provide Liquidity to the Exchange

80 FR 21283 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the NYSE Arca Equities Schedule of Fees and Charges for Exchange Services To Provide a Second Way To Qualify for the Cross-Asset Tier Credit of $0.0030 Per Share for Orders That Provide Liquidity to the Exchange

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 74 (April 17, 2015)

Page Range21283-21286
FR Document2015-08792

Federal Register, Volume 80 Issue 74 (Friday, April 17, 2015)
[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Notices]
[Pages 21283-21286]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08792]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74715; File No. SR-NYSEArca-2015-24]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending the NYSE 
Arca Equities Schedule of Fees and Charges for Exchange Services To 
Provide a Second Way To Qualify for the Cross-Asset Tier Credit of 
$0.0030 Per Share for Orders That Provide Liquidity to the Exchange

April 13, 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 March 31, 2015, NYSE Arca, Inc. (the

[[Page 21284]]

``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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend the NYSE Arca Equities Schedule of 
Fees and Charges for Exchange Services (the ``Fee Schedule'') to 
provide a second way to qualify for the Cross-Asset Tier credit of 
$0.0030 per share for orders that provide liquidity to the Exchange. 
The Exchange proposes to implement the fee change effective April 1, 
2015. 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 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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend the Fee Schedule to provide a second 
way to qualify for the Cross-Asset Tier credit of $0.0030 per share for 
orders that provide liquidity to the Exchange. The Exchange proposes to 
implement the fee change effective April 1, 2015.
    Currently, ETP Holders, including Market Makers, qualify for the 
Cross-Asset Tier credit of $0.0030 per share for orders that provide 
liquidity to the Exchange if they (1) provide liquidity of 0.40% or 
more of United States consolidated average daily volume (``US CADV'') 
\4\ per month and (2) are affiliated with an NYSE Arca Options Trading 
Permit (``OTP'') Holder or OTP Firm that provides an average daily 
volume (``ADV'') of electronic posted Customer executions in Penny 
Pilot issues on NYSE Arca Options (excluding mini options) of at least 
0.95% of total Customer equity and Exchange-Traded Fund (``ETF'') 
option ADV, as reported by the Options Clearing Corporation (``OCC''). 
For all other fees and credits, Tiered or Basic Rates apply based on a 
firm's qualifying levels.
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    \4\ The Exchange proposes to use the same definition US CADV for 
purposes of the proposed alternative to qualifying for the Cross-
Asset Tier. Specifically, US CADV would mean the United States 
Consolidated Average Daily Volume for transactions reported to the 
Consolidated Tape, excluding odd lots through January 31, 2014 
(except for purposes of Lead Market Maker pricing), and excludes 
volume on days when the market closes early and on the date of the 
annual reconstitution of the Russell Investments Indexes. 
Transactions that are not reported to the Consolidated Tape are not 
included in US CADV. See Fee Schedule, footnote 4.
---------------------------------------------------------------------------

    The Exchange proposes to permit ETP Holders, including Market 
Makers, to alternatively qualify for the Cross-Asset Tier credit if 
they (1) provide liquidity of 0.30% or more of the US CADV per month, 
(2) are affiliated with an OTP Holder or OTP Firm that provides an ADV 
of electronic posted Customer executions in all issues on NYSE Arca 
Options (similarly excluding mini options) of at least 0.80% of total 
Customer equity and ETF option ADV as reported by OCC, and (3) executes 
an ADV of Retail Orders \5\ that provide liquidity during the month 
that is 0.10% or more of the US CADV. The Exchange believes that the 
proposal would create an added incentive for ETP Holders to bring 
additional retail order flow to a public market.
---------------------------------------------------------------------------

    \5\ Retail Orders are defined in the Fee Schedule as orders 
designated as retail orders and that meet the requirements of Rule 
7.44(a)(3), but that are not executed in the Retail Liquidity 
Program. The Retail Liquidity Program is a pilot program designed to 
attract additional retail order flow to the Exchange for NYSE Arca-
listed securities and securities traded pursuant to unlisted trading 
privileges while also providing the potential for price improvement 
to such order flow. See Rule 7.44. See Securities Exchange Act 
Release No. 71176 (December 23, 2013), 78 FR 79524 (December 30, 
2013) (SR-NYSEArca-2013-107).
---------------------------------------------------------------------------

    The proposed changes are not otherwise intended to address any 
other problem, and the Exchange is not aware of any significant problem 
that the affected market participants would have in complying with the 
proposed changes.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\6\ in general, and furthers the 
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\7\ 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.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the proposal to amend the Cross-Asset 
Tier is reasonable because it provides ETP Holders affiliated with an 
NYSE Arca Options OTP Holder or OTP Firm with an additional way to 
qualify for the $0.0030 rebate. The Exchange believes that the proposal 
to utilize a lower requirement of an ETP Holder or Market Maker 
providing liquidity of 0.30% or more of US CADV, rather than 0.40% or 
more of US CADV, is reasonable because to qualify for the alternative 
an ETP Holder or Market Maker would also be required to trade Retail 
Orders on the Exchange of 0.10% or more of the US CADV. In addition, 
the Exchange believes that the proposed alternative's requirement that 
an ETP Holder's and Market Maker's affiliated OTP Holder or OTP Firm 
provide an ADV of electronic posted Customer executions in all issues 
on NYSE Arca Options (excluding mini options) of at least 0.80% of 
total Customer equity and ETF option ADV as reported by OCC, rather 
than electronic posted Customer executions in Penny Pilot issues 
(excluding mini options) of at least 0.95% of total Customer equity and 
ETF option ADV, is reasonable because the proposed alternative to 
qualifying for the Cross-Asset Tier credit also requires a Retail Order 
requirement of 0.10%.
    The Exchange believes that the proposal is equitable and not 
unfairly discriminatory because all ETP Holders would be subject to the 
same fee structure and be offered the same alternative to qualifying 
for the Cross-Asset Tier credit. Moreover, the Cross-Asset Tier is 
available for all ETP Holders to satisfy, except for those ETP Holders 
that are not affiliated with an NYSE Arca Options OTP Holder or OTP 
Firm. ETP Holders that are not affiliated with an NYSE Arca Options OTP 
Holder or OTP Firm are eligible for a $0.0030 credit by other means 
than the Cross-Asset Tier credit. Specifically, ETP Holders can qualify 
for a $0.0030 credit under Tier 1 (Tape A and C) or under the Basic 
Rates for Retail Orders that provide liquidity to the Book (Tape A, B 
and C).
    Further, the Exchange believes that the proposal is reasonable and 
would create an added incentive for ETP Holders to execute Retail 
Orders on the

[[Page 21285]]

Exchange. The Exchange believes that the proposed change is equitable 
and not unfairly discriminatory because maintaining or increasing the 
proportion of Retail Orders in exchange-listed securities that are 
executed on a registered national securities exchange (rather than 
relying on certain available off-exchange execution methods) would 
contribute to investors' confidence in the fairness of their 
transactions and would benefit all investors by deepening the 
Exchange's liquidity pool, supporting the quality of price discovery, 
promoting market transparency and improving investor protection.
    The Exchange believes that it is subject to significant competitive 
forces, as described below in the Exchange's statement regarding the 
burden on competition.
    For the foregoing reasons, the Exchange believes that the proposal 
is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\8\ the Exchange 
believes that the proposed rule change would not impose any burden on 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act. Instead, the Exchange believes that the proposal 
to add an additional way to qualify for the Cross-Asset Tier would 
encourage the submission of additional liquidity to a public exchange, 
thereby promoting price discovery and transparency and enhancing order 
execution opportunities for ETP Holders. The Exchange believes that 
this could promote competition between the Exchange and other execution 
venues, including those that currently offer similar order types and 
comparable transaction pricing, by encouraging additional orders to be 
sent to the Exchange for execution.
---------------------------------------------------------------------------

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

    Further, the proposal to add another way to qualify for the Cross-
Asset Tier credit of $0.0030 per share for orders that provide 
liquidity to the Exchange will not place an undue burden on competition 
because the Cross-Asset Tier would be available for all ETP Holders to 
satisfy, except for those ETP Holders that are not affiliated with an 
NYSE Arca Options OTP Holder or OTP Firm. ETP Holders that are not 
affiliated with an NYSE Arca Options OTP Holder or OTP Firm are 
eligible for a $0.0030 credit by others means than the Cross-Asset Tier 
credit. Specifically, ETP Holders can qualify for a $0.0030 credit 
under Tier 1 (Tape A and C) or under the Basic Rates for Retail Orders 
that provide liquidity to the Book (Tape A, B and C). ETP Holders would 
be subject to the same fee structure and be offered the same 
alternative to qualifying for the Cross-Asset Tier credit. Similarly, 
the proposal to utilize a lower requirement of at least 0.80% of total 
Customer equity and ETF option ADV as reported by OCC will not place an 
undue burden on competition because it is in line with the increased 
Retail Order requirement of 0.10%.
    Finally, the Exchange notes that it operates in a highly 
competitive market in which market participants can readily favor 
competing venues if they deem fee levels at a particular venue to be 
excessive or rebate opportunities available at other venues to be more 
favorable. In such an environment, the Exchange must continually adjust 
its fees and rebates to remain competitive with other exchanges and 
with alternative trading systems that have been exempted from 
compliance with the statutory standards applicable to exchanges. 
Because competitors are free to modify their own fees and credits in 
response, and because market participants may readily adjust their 
order routing practices, the Exchange believes that the degree to which 
fee changes in this market may impose any burden on competition is 
extremely limited. As a result of all of these considerations, the 
Exchange does not believe that the proposed changes will impair the 
ability of ETP Holders or competing order execution venues to maintain 
their competitive standing in the financial markets.

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.

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-2015-24 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-NYSEArca-2015-24. 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

[[Page 21286]]

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-2015-24 and should be submitted 
on or before May 8, 2015.
     
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
Brent J. Fields,
Secretary.
[FR Doc. 2015-08792 Filed 4-16-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices                                                    21283

                                              the efficiency of opening rotations with                III. Date of Effectiveness of the                         only one method. The Commission will
                                              procedures to accommodate a process                     Proposed Rule Change and Timing for                       post all comments on the Commission’s
                                              for addressing opening quotes,                          Commission Action                                         Internet Web site (http://www.sec.gov/
                                              acceptable opening ranges, and market                      Because the foregoing proposed rule                    rules/sro.shtml). Copies of the
                                              order imbalance conditions that may                     change does not: (i) Significantly affect                 submission, all subsequent
                                              occur on the openings, as well as                       the protection of investors or the public                 amendments, all written statements
                                              address NBBO condition scenarios                        interest; (ii) impose any significant                     with respect to the proposed rule
                                              where the Exchange’s opening trade                      burden on competition; and (iii) become                   change that are filed with the
                                              might occur at an improved price rather                 operative for 30 days from the date on                    Commission, and all written
                                              than routing to an away market. The                     which it was filed, or such shorter time                  communications relating to the
                                              proposed rule change will increase                      as the Commission may designate, if                       proposed rule change between the
                                              competition on C2 by providing an                       consistent with the protection of                         Commission and any person, other than
                                              opportunity for market participants to                  investors and the public interest, the                    those that may be withheld from the
                                              benefit from additional exposure of                     proposed rule change has become                           public in accordance with the
                                              orders and participation in auctions at                 effective pursuant to Section 19(b)(3)(A)                 provisions of 5 U.S.C. 552, will be
                                              the open. Furthermore, the Exchange                     of the Act 19 and Rule 19b–4(f)(6)(iii)                   available for Web site viewing and
                                              believes that exposing orders on the                    thereunder.20                                             printing in the Commission’s Public
                                              open helps facilitate transactions in                      At any time within 60 days of the                      Reference Room, 100 F Street NE.,
                                              securities and is consistent with the                   filing of the proposed rule change, the                   Washington, DC 20549, on official
                                              goals of a free and open market and                     Commission summarily may                                  business days between the hours of
                                              national market system.                                 temporarily suspend such rule change if                   10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                      it appears to the Commission that such                    filing also will be available for
                                              B. Self-Regulatory Organization’s
                                                                                                      action is necessary or appropriate in the                 inspection and copying at the principal
                                              Statement on Burden on Competition
                                                                                                      public interest, for the protection of                    office of the Exchange. All comments
                                                 The Exchange does not believe that                                                                             received will be posted without change;
                                                                                                      investors, or otherwise in furtherance of
                                              the proposed rule change will impose                                                                              the Commission does not edit personal
                                                                                                      the purposes of the Act. If the
                                              any burden on competition that is not                                                                             identifying information from
                                                                                                      Commission takes such action, the
                                              necessary or appropriate in furtherance                                                                           submissions. You should submit only
                                              of the purposes of the Act. The                         Commission will institute proceedings
                                                                                                      to determine whether the proposed rule                    information that you wish to make
                                              Exchange does not believe that the                                                                                available publicly. All submissions
                                              proposed rule change will impose any                    change should be approved or
                                                                                                      disapproved.                                              should refer to File Number SR–C2–
                                              burden on intramarket competition that                                                                            2015–006 and should be submitted on
                                              is not necessary or appropriate in                      IV. Solicitation of Comments                              or before May 8, 2015.
                                              furtherance of the purposes of the Act                    Interested persons are invited to                         For the Commission, by the Division of
                                              because the proposed change will be                     submit written data, views, and                           Trading and Markets, pursuant to delegated
                                              equally applied and will equally affect                 arguments concerning the foregoing,                       authority.21
                                              all market participants’ orders that                    including whether the proposed rule                       Brent J. Fields,
                                              qualify for the HAL function. Moreover,                 change is consistent with the Act.                        Secretary.
                                              the Exchange believes that the proposed
                                                                                                      Comments may be submitted by any of                       [FR Doc. 2015–08795 Filed 4–16–15; 8:45 am]
                                              rule change will increase competition
                                                                                                      the following methods:                                    BILLING CODE 8011–01–P
                                              amongst exchanges and market
                                              participants. The proposed will expose                  Electronic Comments
                                              allow orders to be exposed to                             • Use the Commission’s Internet                         SECURITIES AND EXCHANGE
                                              meaningful price improvement                            comment form (http://www.sec.gov/                         COMMISSION
                                              mechanisms at the opening of trading.                   rules/sro.shtml); or
                                              The HAL on the opening procedure will                     • Send an email to rule-comments@                       [Release No. 34–74715; File No. SR–
                                              allow C2 TPHs to compete with quotes                                                                              NYSEArca–2015–24]
                                                                                                      sec.gov. Please include File Number SR–
                                              on other exchanges and step up to the                   C2–2015–006 on the subject line.
                                              best national prices offered before                                                                               Self-Regulatory Organizations; NYSE
                                              orders are linked away. This price                      Paper Comments                                            Arca, Inc.; Notice of Filing and
                                                                                                                                                                Immediate Effectiveness of Proposed
                                              improvement process will not only                         • Send paper comments in triplicate
                                              ensure that orders on C2 are afforded                                                                             Rule Change Amending the NYSE Arca
                                                                                                      to Brent J. Fields, Secretary, Securities
                                              the best prices available, but also afford                                                                        Equities Schedule of Fees and
                                                                                                      and Exchange Commission, 100 F Street
                                              additional opportunities to C2 TPH to                                                                             Charges for Exchange Services To
                                                                                                      NE., Washington, DC 20549–1090.
                                              compete with quotes on away exchanges                                                                             Provide a Second Way To Qualify for
                                                                                                      All submissions should refer to File                      the Cross-Asset Tier Credit of $0.0030
                                              at the opening of trading. The Exchange                 Number SR–C2–2015–006. This file
                                              believes that price improvement                                                                                   Per Share for Orders That Provide
                                                                                                      number should be included on the                          Liquidity to the Exchange
                                              mechanisms increase competition in the                  subject line if email is used. To help the
                                              marketplace and increase opportunities                  Commission process and review your                        April 13, 2015.
                                              for orders to receive best execution at                 comments more efficiently, please use                        Pursuant to Section 19(b)(1) 1 of the
                                              the Exchange.                                                                                                     Securities Exchange Act of 1934 (the
                                              C. Self-Regulatory Organization’s                         19 15  U.S.C. 78s(b)(3)(A).                             ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
tkelley on DSK3SPTVN1PROD with NOTICES




                                              Statement on Comments on the
                                                                                                        20 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      notice is hereby given that, on March
                                                                                                      4(f)(6) requires a self-regulatory organization to give   31, 2015, NYSE Arca, Inc. (the
                                              Proposed Rule Change Received From                      the Commission written notice of its intent to file
                                              Members, Participants, or Others                        the proposed rule change at least five business days        21 17
                                                                                                      prior to the date of filing of the proposed rule                  CFR 200.30–3(a)(12).
                                                The Exchange neither solicited nor                    change, or such shorter time as designated by the
                                                                                                                                                                  1 15 U.S.C. 78s(b)(1).
                                              received written comments on the                        Commission. The Exchange has satisfied this                 2 15 U.S.C. 78a.

                                              proposed rule change.                                   requirement.                                                3 17 CFR 240.19b–4.




                                         VerDate Sep<11>2014   19:08 Apr 16, 2015   Jkt 235001   PO 00000   Frm 00082   Fmt 4703   Sfmt 4703   E:\FR\FM\17APN1.SGM        17APN1


                                              21284                            Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices

                                              ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with               affiliated with an NYSE Arca Options                    6(b)(4) and 6(b)(5) of the Act,7 in
                                              the Securities and Exchange                             Trading Permit (‘‘OTP’’) Holder or OTP                  particular, because it provides for the
                                              Commission (the ‘‘Commission’’) the                     Firm that provides an average daily                     equitable allocation of reasonable dues,
                                              proposed rule change as described in                    volume (‘‘ADV’’) of electronic posted                   fees, and other charges among its
                                              Items I, II, and III below, which Items                 Customer executions in Penny Pilot                      members, issuers and other persons
                                              have been prepared by the self-                         issues on NYSE Arca Options                             using its facilities and does not unfairly
                                              regulatory organization. The                            (excluding mini options) of at least                    discriminate between customers,
                                              Commission is publishing this notice to                 0.95% of total Customer equity and                      issuers, brokers or dealers.
                                              solicit comments on the proposed rule                   Exchange-Traded Fund (‘‘ETF’’) option                      The Exchange believes that the
                                              change from interested persons.                         ADV, as reported by the Options                         proposal to amend the Cross-Asset Tier
                                                                                                      Clearing Corporation (‘‘OCC’’). For all                 is reasonable because it provides ETP
                                              I. Self-Regulatory Organization’s                                                                               Holders affiliated with an NYSE Arca
                                                                                                      other fees and credits, Tiered or Basic
                                              Statement of the Terms of Substance of                                                                          Options OTP Holder or OTP Firm with
                                                                                                      Rates apply based on a firm’s qualifying
                                              the Proposed Rule Change                                                                                        an additional way to qualify for the
                                                                                                      levels.
                                                 The Exchange proposes to amend the                      The Exchange proposes to permit ETP                  $0.0030 rebate. The Exchange believes
                                              NYSE Arca Equities Schedule of Fees                     Holders, including Market Makers, to                    that the proposal to utilize a lower
                                              and Charges for Exchange Services (the                  alternatively qualify for the Cross-Asset               requirement of an ETP Holder or Market
                                              ‘‘Fee Schedule’’) to provide a second                   Tier credit if they (1) provide liquidity               Maker providing liquidity of 0.30% or
                                              way to qualify for the Cross-Asset Tier                 of 0.30% or more of the US CADV per                     more of US CADV, rather than 0.40% or
                                              credit of $0.0030 per share for orders                  month, (2) are affiliated with an OTP                   more of US CADV, is reasonable
                                              that provide liquidity to the Exchange.                 Holder or OTP Firm that provides an                     because to qualify for the alternative an
                                              The Exchange proposes to implement                      ADV of electronic posted Customer                       ETP Holder or Market Maker would also
                                              the fee change effective April 1, 2015.                 executions in all issues on NYSE Arca                   be required to trade Retail Orders on the
                                              The text of the proposed rule change is                 Options (similarly excluding mini                       Exchange of 0.10% or more of the US
                                              available on the Exchange’s Web site at                 options) of at least 0.80% of total                     CADV. In addition, the Exchange
                                              www.nyse.com, at the principal office of                Customer equity and ETF option ADV                      believes that the proposed alternative’s
                                              the Exchange, and at the Commission’s                   as reported by OCC, and (3) executes an                 requirement that an ETP Holder’s and
                                              Public Reference Room.                                  ADV of Retail Orders 5 that provide                     Market Maker’s affiliated OTP Holder or
                                              II. Self-Regulatory Organization’s                      liquidity during the month that is 0.10%                OTP Firm provide an ADV of electronic
                                              Statement of the Purpose of, and                        or more of the US CADV. The Exchange                    posted Customer executions in all issues
                                              Statutory Basis for, the Proposed Rule                  believes that the proposal would create                 on NYSE Arca Options (excluding mini
                                              Change                                                  an added incentive for ETP Holders to                   options) of at least 0.80% of total
                                                                                                      bring additional retail order flow to a                 Customer equity and ETF option ADV
                                                 In its filing with the Commission, the               public market.                                          as reported by OCC, rather than
                                              self-regulatory organization included                      The proposed changes are not                         electronic posted Customer executions
                                              statements concerning the purpose of,                   otherwise intended to address any other                 in Penny Pilot issues (excluding mini
                                              and basis for, the proposed rule change                 problem, and the Exchange is not aware                  options) of at least 0.95% of total
                                              and discussed any comments it received                  of any significant problem that the                     Customer equity and ETF option ADV,
                                              on the proposed rule change. The text                   affected market participants would have                 is reasonable because the proposed
                                              of those statements may be examined at                  in complying with the proposed                          alternative to qualifying for the Cross-
                                              the places specified in Item IV below.                  changes.                                                Asset Tier credit also requires a Retail
                                              The Exchange has prepared summaries,                                                                            Order requirement of 0.10%.
                                              set forth in sections A, B, and C below,                2. Statutory Basis
                                                                                                                                                                 The Exchange believes that the
                                              of the most significant parts of such                      The Exchange believes that the                       proposal is equitable and not unfairly
                                              statements.                                             proposed rule change is consistent with                 discriminatory because all ETP Holders
                                                                                                      Section 6(b) of the Act,6 in general, and               would be subject to the same fee
                                              A. Self-Regulatory Organization’s
                                                                                                      furthers the objectives of Sections                     structure and be offered the same
                                              Statement of the Purpose of, and the
                                              Statutory Basis for, the Proposed Rule                                                                          alternative to qualifying for the Cross-
                                                                                                      alternative to qualifying for the Cross-Asset Tier.     Asset Tier credit. Moreover, the Cross-
                                              Change                                                  Specifically, US CADV would mean the United
                                                                                                      States Consolidated Average Daily Volume for
                                                                                                                                                              Asset Tier is available for all ETP
                                              1. Purpose                                              transactions reported to the Consolidated Tape,         Holders to satisfy, except for those ETP
                                                 The Exchange proposes to amend the                   excluding odd lots through January 31, 2014 (except     Holders that are not affiliated with an
                                                                                                      for purposes of Lead Market Maker pricing), and         NYSE Arca Options OTP Holder or OTP
                                              Fee Schedule to provide a second way                    excludes volume on days when the market closes
                                              to qualify for the Cross-Asset Tier credit              early and on the date of the annual reconstitution
                                                                                                                                                              Firm. ETP Holders that are not affiliated
                                              of $0.0030 per share for orders that                    of the Russell Investments Indexes. Transactions        with an NYSE Arca Options OTP Holder
                                              provide liquidity to the Exchange. The                  that are not reported to the Consolidated Tape are      or OTP Firm are eligible for a $0.0030
                                                                                                      not included in US CADV. See Fee Schedule,              credit by other means than the Cross-
                                              Exchange proposes to implement the fee                  footnote 4.
                                              change effective April 1, 2015.                            5 Retail Orders are defined in the Fee Schedule as
                                                                                                                                                              Asset Tier credit. Specifically, ETP
                                                 Currently, ETP Holders, including                    orders designated as retail orders and that meet the    Holders can qualify for a $0.0030 credit
                                              Market Makers, qualify for the Cross-                   requirements of Rule 7.44(a)(3), but that are not       under Tier 1 (Tape A and C) or under
                                                                                                      executed in the Retail Liquidity Program. The Retail    the Basic Rates for Retail Orders that
                                              Asset Tier credit of $0.0030 per share                  Liquidity Program is a pilot program designed to
                                              for orders that provide liquidity to the                attract additional retail order flow to the Exchange
                                                                                                                                                              provide liquidity to the Book (Tape A,
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                                              Exchange if they (1) provide liquidity of               for NYSE Arca-listed securities and securities          B and C).
                                              0.40% or more of United States                          traded pursuant to unlisted trading privileges while       Further, the Exchange believes that
                                                                                                      also providing the potential for price improvement      the proposal is reasonable and would
                                              consolidated average daily volume (‘‘US                 to such order flow. See Rule 7.44. See Securities
                                              CADV’’) 4 per month and (2) are                         Exchange Act Release No. 71176 (December 23,
                                                                                                                                                              create an added incentive for ETP
                                                                                                      2013), 78 FR 79524 (December 30, 2013) (SR–             Holders to execute Retail Orders on the
                                                4 The Exchange proposes to use the same               NYSEArca-2013-107).
                                              definition US CADV for purposes of the proposed            6 15 U.S.C. 78f(b).                                   7 15   U.S.C. 78f(b)(4) and (5).



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                                                                                  Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices                                           21285

                                              Exchange. The Exchange believes that                       the Basic Rates for Retail Orders that                 action is necessary or appropriate in the
                                              the proposed change is equitable and                       provide liquidity to the Book (Tape A,                 public interest, for the protection of
                                              not unfairly discriminatory because                        B and C). ETP Holders would be subject                 investors, or otherwise in furtherance of
                                              maintaining or increasing the                              to the same fee structure and be offered               the purposes of the Act. If the
                                              proportion of Retail Orders in exchange-                   the same alternative to qualifying for the             Commission takes such action, the
                                              listed securities that are executed on a                   Cross-Asset Tier credit. Similarly, the                Commission shall institute proceedings
                                              registered national securities exchange                    proposal to utilize a lower requirement                under Section 19(b)(2)(B) 11 of the Act to
                                              (rather than relying on certain available                  of at least 0.80% of total Customer                    determine whether the proposed rule
                                              off-exchange execution methods) would                      equity and ETF option ADV as reported                  change should be approved or
                                              contribute to investors’ confidence in                     by OCC will not place an undue burden                  disapproved.
                                              the fairness of their transactions and                     on competition because it is in line with
                                              would benefit all investors by                             the increased Retail Order requirement
                                              deepening the Exchange’s liquidity                         of 0.10%.                                              IV. Solicitation of Comments
                                              pool, supporting the quality of price                         Finally, the Exchange notes that it
                                                                                                                                                                  Interested persons are invited to
                                              discovery, promoting market                                operates in a highly competitive market
                                                                                                                                                                submit written data, views, and
                                              transparency and improving investor                        in which market participants can
                                                                                                                                                                arguments concerning the foregoing,
                                              protection.                                                readily favor competing venues if they
                                                                                                                                                                including whether the proposed rule
                                                 The Exchange believes that it is                        deem fee levels at a particular venue to
                                                                                                                                                                change is consistent with the Act.
                                              subject to significant competitive forces,                 be excessive or rebate opportunities
                                              as described below in the Exchange’s                                                                              Comments may be submitted by any of
                                                                                                         available at other venues to be more
                                              statement regarding the burden on                                                                                 the following methods:
                                                                                                         favorable. In such an environment, the
                                              competition.                                               Exchange must continually adjust its                   Electronic Comments
                                                 For the foregoing reasons, the                          fees and rebates to remain competitive
                                              Exchange believes that the proposal is                                                                              • Use the Commission’s Internet
                                                                                                         with other exchanges and with                          comment form (http://www.sec.gov/
                                              consistent with the Act.                                   alternative trading systems that have                  rules/sro.shtml); or
                                              B. Self-Regulatory Organization’s                          been exempted from compliance with                       • Send an email to rule-comments@
                                              Statement on Burden on Competition                         the statutory standards applicable to                  sec.gov. Please include File Number SR–
                                                                                                         exchanges. Because competitors are free                NYSEArca–2015–24 on the subject line.
                                                 In accordance with Section 6(b)(8) of                   to modify their own fees and credits in
                                              the Act,8 the Exchange believes that the                   response, and because market                           Paper Comments
                                              proposed rule change would not impose                      participants may readily adjust their
                                              any burden on competition that is not                                                                                • Send paper comments in triplicate
                                                                                                         order routing practices, the Exchange                  to Brent J. Fields, Secretary, Securities
                                              necessary or appropriate in furtherance
                                                                                                         believes that the degree to which fee                  and Exchange Commission, 100 F Street
                                              of the purposes of the Act. Instead, the
                                                                                                         changes in this market may impose any                  NE., Washington, DC 20549–1090.
                                              Exchange believes that the proposal to
                                                                                                         burden on competition is extremely
                                              add an additional way to qualify for the                                                                          All submissions should refer to File
                                                                                                         limited. As a result of all of these
                                              Cross-Asset Tier would encourage the                                                                              Number SR–NYSEArca–2015–24. This
                                                                                                         considerations, the Exchange does not
                                              submission of additional liquidity to a                                                                           file number should be included on the
                                                                                                         believe that the proposed changes will
                                              public exchange, thereby promoting                                                                                subject line if email is used. To help the
                                                                                                         impair the ability of ETP Holders or
                                              price discovery and transparency and                                                                              Commission process and review your
                                                                                                         competing order execution venues to
                                              enhancing order execution                                                                                         comments more efficiently, please use
                                                                                                         maintain their competitive standing in
                                              opportunities for ETP Holders. The                                                                                only one method. The Commission will
                                                                                                         the financial markets.
                                              Exchange believes that this could                                                                                 post all comments on the Commission’s
                                              promote competition between the                            C. Self-Regulatory Organization’s                      Internet Web site (http://www.sec.gov/
                                              Exchange and other execution venues,                       Statement on Comments on the                           rules/sro.shtml). Copies of the
                                              including those that currently offer                       Proposed Rule Change Received From                     submission, all subsequent
                                              similar order types and comparable                         Members, Participants, or Others                       amendments, all written statements
                                              transaction pricing, by encouraging                          No written comments were solicited                   with respect to the proposed rule
                                              additional orders to be sent to the                        or received with respect to the proposed               change that are filed with the
                                              Exchange for execution.                                    rule change.                                           Commission, and all written
                                                 Further, the proposal to add another                                                                           communications relating to the
                                              way to qualify for the Cross-Asset Tier                    III. Date of Effectiveness of the                      proposed rule change between the
                                              credit of $0.0030 per share for orders                     Proposed Rule Change and Timing for                    Commission and any person, other than
                                              that provide liquidity to the Exchange                     Commission Action                                      those that may be withheld from the
                                              will not place an undue burden on                             The foregoing rule change is effective              public in accordance with the
                                              competition because the Cross-Asset                        upon filing pursuant to Section                        provisions of 5 U.S.C. 552, will be
                                              Tier would be available for all ETP                        19(b)(3)(A) 9 of the Act and                           available for Web site viewing and
                                              Holders to satisfy, except for those ETP                   subparagraph (f)(2) of Rule 19b–4 10                   printing in the Commission’s Public
                                              Holders that are not affiliated with an                    thereunder, because it establishes a due,              Reference Room, 100 F Street NE.,
                                              NYSE Arca Options OTP Holder or OTP                        fee, or other charge imposed by the                    Washington, DC 20549, on official
                                              Firm. ETP Holders that are not affiliated                  Exchange.                                              business days between the hours of
                                              with an NYSE Arca Options OTP Holder                          At any time within 60 days of the                   10:00 a.m. and 3:00 p.m. Copies of the
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                                              or OTP Firm are eligible for a $0.0030                     filing of such proposed rule change, the               filing will also be available for
                                              credit by others means than the Cross-                     Commission summarily may                               inspection and copying at the principal
                                              Asset Tier credit. Specifically, ETP                       temporarily suspend such rule change if                office of the Exchange. All comments
                                              Holders can qualify for a $0.0030 credit                   it appears to the Commission that such                 received will be posted without change;
                                              under Tier 1 (Tape A and C) or under                                                                              the Commission does not edit personal
                                                                                                           9 15   U.S.C. 78s(b)(3)(A).
                                                8 15   U.S.C. 78f(b)(8).                                   10 17   CFR 240.19b–4(f)(2).                           11 15   U.S.C. 78s(b)(2)(B).



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                                              21286                              Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices

                                              identifying information from                                For the Commission, by the Division of              concerning the purpose of and basis for
                                              submissions. You should submit only                       Trading and Markets, pursuant to delegated            the proposed rule change and discussed
                                              information that you wish to make                         authority.1                                           any comments it received on the
                                              available publicly. All submissions                       Brent J. Fields,                                      proposed rule change. The text of these
                                              should refer to File Number SR–                           Secretary.                                            statements may be examined at the
                                              NYSEArca–2015–24 and should be                            [FR Doc. 2015–08791 Filed 4–16–15; 8:45 am]           places specified in Item IV below. The
                                              submitted on or before May 8, 2015.                       BILLING CODE 8011–01–P                                Exchange has prepared summaries, set
                                                                                                                                                              forth in Sections A, B, and C below, of
                                                For the Commission, by the Division of                                                                        the most significant parts of such
                                              Trading and Markets, pursuant to delegated                SECURITIES AND EXCHANGE                               statements.
                                              authority.12                                              COMMISSION
                                                                                                                                                              A. Self-Regulatory Organization’s
                                              Brent J. Fields,                                          [Release No. 34–74717; File No. SR–EDGA–              Statement of the Purpose of, and
                                              Secretary.                                                2015–17]                                              Statutory Basis for, the Proposed Rule
                                              [FR Doc. 2015–08792 Filed 4–16–15; 8:45 am]                                                                     Change
                                              BILLING CODE 8011–01–P
                                                                                                        Self-Regulatory Organizations; EDGA
                                                                                                        Exchange, Inc.; Notice of Filing and                  1. Purpose
                                                                                                        Immediate Effectiveness of a Proposed                    The Exchange proposes to amend the
                                              SECURITIES AND EXCHANGE                                   Rule Change To Amend the Content of                   content of the BATS One Feed under
                                              COMMISSION                                                the BATS One Feed Under Rule 13.8(b)                  Rule 13.8(b) to include consolidated
                                                                                                        To Include Consolidated Volume for All                volume for all listed equity securities.
                                              [Release No. 34–74559A; File No. SR–
                                                                                                        Listed Equity Securities                              The Commission recently approved a
                                              NYSEArca–2014–100]                                        April 13, 2015.
                                                                                                                                                              proposed rule change by the Exchange
                                                                                                                                                              to establish a new market data product
                                              Self-Regulatory Organizations; NYSE                          Pursuant to Section 19(b)(1) of the
                                                                                                                                                              called the BATS One Feed.5 The BATS
                                              Arca, Inc.; Notice of Designation of a                    Securities Exchange Act of 1934 (the
                                                                                                                                                              One Feed is a data feed that
                                              Longer Period for Commission Action                       ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                                                                              disseminates, on a real-time basis, the
                                              on Proceedings To Determine Whether                       notice is hereby given that on April 1,
                                                                                                                                                              aggregate best bid and offer (‘‘BBO’’) of
                                              To Approve or Disapprove a Proposed                       2015, EDGA Exchange, Inc. (the
                                                                                                                                                              all displayed orders for securities traded
                                              Rule Change, as Modified by                               ‘‘Exchange’’ or ‘‘EDGA’’) filed with the
                                                                                                                                                              on EDGA and its affiliated exchanges 6
                                              Amendment No. 1 Thereto, Relating To                      Securities and Exchange Commission
                                                                                                                                                              and for which the BATS Exchanges
                                              Listing and Trading of Shares of the                      (‘‘Commission’’) the proposed rule
                                                                                                                                                              reports quotes under the Consolidated
                                              SPDR SSgA Global Managed Volatility                       change as described in Items I and II
                                                                                                                                                              Tape Association (‘‘CTA’’) Plan or the
                                              ETF Under NYSE Arca Equities Rule                         below, which Items have been prepared
                                                                                                                                                              Nasdaq/UTP Plan.7
                                              8.600; Correction                                         by the Exchange. The Exchange has                        The last sale information
                                                                                                        designated this proposal as a ‘‘non-                  disseminated as part of the BATS One
                                              April 13, 2015.                                           controversial’’ proposed rule change                  Feed includes the price, size, time of
                                              AGENCY: Securities and Exchange                           pursuant to Section 19(b)(3)(A) of the                execution, and individual BATS
                                              Commission.                                               Act 3 and Rule 19b–4(f)(6)(iii)                       Exchange on which the trade was
                                              ACTION: Notice; correction.
                                                                                                        thereunder,4 which renders it effective               executed. The last sale information also
                                                                                                        upon filing with the Commission. The                  includes the cumulative number of
                                              SUMMARY:  The Securities and Exchange                     Commission is publishing this notice to               shares executed on all BATS Exchanges
                                              Commission published a document in                        solicit comments on the proposed rule
                                              the Federal Register of March 26, 2015,                   change from interested persons.                          5 See Securities Exchange Act Release No. 73918

                                              concerning a Notice of Designation of a                   I. Self-Regulatory Organization’s                     (December 23, 2014), 79 FR 78920 (December 31,
                                              Longer Period for Commission Action                                                                             2014) (File Nos. SR–EDGX–2014–25; SR–EDGA–
                                                                                                        Statement of the Terms of the Substance               2014–25; SR–BATS–2014–055; SR–BYX–2014–030)
                                              on Proceedings to Determine Whether                       of the Proposed Rule Change                           (Notice of Amendments No. 2 and Order Granting
                                              To Approve or Disapprove a Proposed                                                                             Accelerated Approval to Proposed Rule Changes, as
                                              Rule Change, as Modified by                                  The Exchange amend [sic] the content               Modified by Amendments Nos. 1 and 2, to Establish
                                              Amendment No. 1 Thereto, Relating To                      of the BATS One Feed under Rule                       a New Market Data Product called the BATS One
                                                                                                        13.8(b) to include consolidated volume                Feed) (‘‘BATS One Approval Order’’).
                                              Listing and Trading of Shares of the                                                                               6 EDGA’s affiliated exchanges are the BATS
                                              SPDR SSgA Global Managed Volatility                       for all listed equity securities. The text
                                                                                                                                                              Exchange, Inc. (‘‘BZX’’), the BATS Y-Exchange, Inc.
                                              ETF Under NYSE Arca Equities Rule                         of the proposed rule change is available              (‘‘BYX’’), and the EDGX Exchange, Inc. (‘‘EDGX’’,
                                              8.600 by NYSE Arca, Inc.; the document                    at the Exchange’s Web site at                         together with EDGA, BZX, and BYX, the ‘‘BATS
                                              contained an incorrect date.                              www.batstrading.com, at the principal                 Exchanges’’). On January 31, 2014, Direct Edge
                                                                                                        office of the Exchange, and at the                    Holdings LLC (‘‘DE Holdings’’), the former parent
                                              FOR FURTHER INFORMATION CONTACT:                                                                                company of the Exchange and EDGX, completed its
                                              Leigh Duffy, Division of Trading and                      Commission’s Public Reference Room.                   business combination with BATS Global Markets,
                                              Markets, Securities and Exchange                                                                                Inc., the parent company of BATS and BYX. See
                                                                                                        II. Self-Regulatory Organization’s                    Securities Exchange Act Release No. 71449 (January
                                              Commission, 100 F Street NE.,                             Statement of the Purpose of, and                      30, 2014), 79 FR 6961 (February 5, 2014) (SR–
                                              Washington, DC 20549, (202) 551–5928.                     Statutory Basis for, the Proposed Rule                EDGX–2013–43, SR–EDGA–2013–34). Upon
                                                                                                        Change                                                completion of the business combination, DE
                                              Correction                                                                                                      Holdings and BATS Global Markets, Inc. each
                                                                                                          In its filing with the Commission, the              became intermediate holding companies, held
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                                                In the Federal Register of March 26,                                                                          under a single new holding company. The new
                                                                                                        Exchange included statements
                                              2015, in FR Doc. 2015–06892, on page                                                                            holding company, formerly named ‘‘BATS Global
                                              16047, in the thirty-first line of the third                1 17
                                                                                                                                                              Markets Holdings, Inc.,’’ changed its name to
                                                                                                               CFR 200.30–3(a)(57).                           ‘‘BATS Global Markets, Inc.’’
                                              column, correct the date May 7, 2015 to                     1 15 U.S.C. 78s(b)(1).                                 7 The Exchange understands that each of the
                                              read May 22, 2015.                                          2 17 CFR 240.19b–4.
                                                                                                                                                              BATS Exchanges will separately file substantially
                                                                                                          3 15 U.S.C. 78s(b)(3)(A).
                                                                                                                                                              similar proposed rule changes with the Commission
                                                12 17   CFR 200.30–3(a)(12).                              4 17 CFR 240.19b–4(f)(6)(iii).                      to implement fees for the BATS One Feed.



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Document Created: 2015-12-18 11:19:40
Document Modified: 2015-12-18 11:19:40
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 21283 

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