80_FR_42998 80 FR 42860 - 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

80 FR 42860 - 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

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 138 (July 20, 2015)

Page Range42860-42862
FR Document2015-17660

Federal Register, Volume 80 Issue 138 (Monday, July 20, 2015)
[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Notices]
[Pages 42860-42862]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17660]



[[Page 42860]]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75449; File No. SR-NYSEARCA-2015-55]


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

July 14, 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 June 24, 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 Equities Schedule of 
Fees and Charges for Exchange Services (``Fee Schedule'') to (i) raise 
the fee for Market and Auction-Only Orders executed in an Opening, 
Market Order or Trading Halt Auction; (ii) modify the credits the 
Exchange provides for routing certain orders to the New York Stock 
Exchange LLC (``NYSE''); and (iii) revise the Tape B Step Up Tier. The 
Exchange proposes to implement the changes on July 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 (i) raise the 
Tier 1 and Tier 2 fee for Market and Auction-Only Orders executed in an 
Opening, Market Order or Trading Halt Auction and make corresponding 
changes in the Basic Rate pricing; (ii) modify the Tier 1 and Tier 2 
credits the Exchange provides for routing certain orders to the NYSE 
and make corresponding changes in the Basic Rate pricing; and (iii) 
revise the Tape B Step Up Tier. The Exchange proposes to implement the 
fee changes on July 1, 2015.
    For Tier 1 and Tier 2, the Exchange currently charges $0.0010 per 
share for Market and Auction-Only Orders executed in an Opening, Market 
Order or Trading Halt Auction with a cap of $20,000 per month per 
Equity Trading Permit ID. The Exchange proposes to raise this fee from 
$0.0010 to $0.0015 per share. The Exchange is not proposing any change 
to the cap.
    The Exchange proposes to make corresponding changes to the Basic 
Rate pricing section of the Fee Schedule. Specifically, in the Basic 
Rate pricing section, the current fee for Market and Auction-Only 
Orders executed in an Opening, Market Order or Trading Halt Auction is 
$0.0010 per share, with a cap of $20,000 per month per Equity Trading 
Permit ID. The Exchange proposes to raise this fee to $0.0015 per 
share. The Exchange is not proposing any change to the cap.
    In a recent rule filing, the NYSE has proposed to modify its fee 
structure for equities transaction, including changes to the rates for 
providing liquidity, to become effective July 1, 2015.\4\ The 
Exchange's current credits for routing orders to NYSE are closely 
related to the NYSE's rates, including credits for providing liquidity, 
and the Exchange is proposing an adjustment to its routing credits to 
maintain the existing relationship to the rates proposed by the NYSE. 
Specifically, for Tier 1 and Tier 2 PO+ orders,\5\ the current Exchange 
credit for orders that are routed to the NYSE that provide liquidity to 
the NYSE is $0.0015 per share, which is equal to the current NYSE 
rebate for execution of customer orders that add liquidity to the NYSE. 
The Exchange is proposing to lower the credits for routing Tier 1 and 
Tier 2 PO+ Orders to the NYSE by the same amount ($0.0001) as the 
decrease in the corresponding NYSE credit. The proposed new credit for 
such orders routed to the NYSE that provide liquidity to the NYSE would 
be $0.0014 per share. This proposed fee change would maintain the 
current relationship with NYSE rates.
---------------------------------------------------------------------------

    \4\ See SR-NYSE-2015-30.
    \5\ A PO+ Order is a Primary Only Order (i.e., a market or limit 
order that is to be routed to the primary market) that is entered 
for participation in the primary market, other than for 
participation in the primary market opening or primary market re-
opening. See NYSE Arca Equities Rule 7.31(f)(1)(C).
---------------------------------------------------------------------------

    The Exchange proposes to make corresponding changes to the Basic 
Rate pricing section of the Fee Schedule. Currently, the credit for PO+ 
Orders that provide liquidity to the NYSE is set at $0.0015 per share. 
The Exchange proposes to lower this credit to $0.0014 per share. Again, 
this proposed fee change would maintain the current relationship with 
NYSE rates.
    Finally, the Exchange proposes to revise the Tape B Step Up Tier. 
Currently, ETP Holders and Market Makers, that, on a daily basis, 
measured monthly, directly execute providing volume in Tape B 
Securities during a billing month (``Tape B Adding ADV'') that is equal 
to at least 0.275% of the U.S. Tape B Consolidated Average Daily Volume 
(``Tape B CADV'') for the billing month over the ETP Holder's or Market 
Maker's May 2013 Tape B Adding ADV taken as a percentage of Tape B CADV 
(``Tape B Baseline % CADV'') receive a credit of $0.0004 per share for 
orders that provide liquidity to the Exchange in Tape B Securities, 
which is in addition to the ETP Holder's Tiered or Basic Rate 
credit(s). The Exchange proposes to specify in the Fee Schedule that 
ETP Holders that qualify for the Cross-Asset Tier would not be eligible 
to qualify for the Tape B Step Up Tier. The Exchange believes that the 
credit of $0.0030 per share is sufficient that an ETP Holder that 
qualifies for the Cross-Asset Tier should not also receive the 
increased credits applicable to the Tape B Step Up Tier. Similar to 
Retail Order Tier ETP Holders and Market Makers, who are currently 
ineligible to qualify for the Tape B Step Up Tier, the Exchange 
proposes to exclude Cross-Asset Tier ETP Holders from also qualifying 
for the Tape B Step Up Tier.
    The proposed changes are not otherwise intended to address any 
other issues, and the Exchange is not aware of any problems that ETP 
Holders would have in complying with the proposed changes.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with

[[Page 42861]]

Section 6(b) of the Act,\6\ in general, and furthers the objectives of 
Sections 6(b)(4) and (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 proposed fee increase for Market and 
Auction-Only Orders executed in an Opening, Market Order or Trading 
Halt Auction are reasonable because they are the same as the fees 
imposed by at least one other exchange.\8\ In addition, the proposed 
fee changes are equitable and not unfairly discriminatory because they 
apply uniformly to all similarly situated ETP Holders.
---------------------------------------------------------------------------

    \8\ See NASDAQ Crossing Network Fees at http://www.nasdaqtrader.com/Trader.aspx?id=PriceListTrading2.
---------------------------------------------------------------------------

    The Exchange believes that the proposed changes to routing credits 
for PO+ Orders that provide liquidity to the NYSE are reasonable 
because the Exchange's credits for routing such orders are closely 
related to the NYSE's rebates for its members for providing liquidity, 
and the proposed change is consistent with the change proposed by the 
NYSE to lower its rebate for providing liquidity. The proposed change 
would result in maintaining the existing relationship between the two 
sets of fees. In addition, the Exchange believes that the proposed rule 
change, which would result in a decrease in the per share credit for 
PO+ Orders routed to the NYSE that provide liquidity to the NYSE, would 
thereby align the rate that the Exchange provides to ETP Holders with 
the rate that NYSE provides to its members for providing liquidity. 
Further, the proposed change is equitable and not unfairly 
discriminatory because the rebate reduction would apply uniformly 
across pricing tiers and all similarly situated ETP Holders would be 
subject to the same credit.
    The Exchange believes that prohibiting Cross-Asset Tier ETP Holders 
from qualifying for the Tape B Step Up Tier is reasonable, equitable 
and not unfairly discriminatory because ETP Holders that qualify for 
the Cross-Asset Tier would already receive a higher credit of $0.0030 
before the Tape B Step Up Credit, which is higher than other tiers with 
the Tape B Step Up credit. For example, Tier 1 ETP Holders that qualify 
for Tape B Step Up Tier would receive a Tier 1 credit of $0.0023 plus a 
Tape B Step Up credit of $0.0004 for a total credit of $0.0027, 
compared with the standalone Cross-Asset credit of $0.0030. The 
Exchange notes that Cross-Asset Tier ETP Holders and Market Makers 
currently do not qualify for Tape C Step Up Tier 2 credit.
    Finally, 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 these 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,\9\ 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. In particular, the proposed routing credit changes 
would not place a burden on competition because the Exchange is seeking 
to align its credits with the credits provided by the NYSE.\10\ In 
addition, the proposed change to the Exchange's fee for Market and 
Auction-Only Orders executed in an Opening, Market Order or Trading 
Halt Auction is consistent with the fee charged by at least one other 
exchange.\11\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b)(8).
    \10\ See supra note 4.
    \11\ See supra note 8.
---------------------------------------------------------------------------

    The Exchange does not believe prohibiting Cross-Asset Tier ETP 
Holders from qualifying for increased credit(s) will impair ETP 
Holders' ability to compete. The Exchange already provides a credit for 
Cross-Asset Tier ETP Holders and ETP Holders impacted by the proposed 
change may readily adjust their trading behavior to maintain or 
increase their credits or decrease their fees in a favorable manner.
    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 promotes a 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.

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) \12\ of the Act and subparagraph (f)(2) of Rule 
19b-4 \13\ thereunder, because it establishes a due, fee, or other 
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 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) \14\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \14\ 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-2015-55 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-2015-55. 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

[[Page 42862]]

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 Section, 100 F Street NE., Washington, DC 
20549-1090. 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-2015-55 and should be submitted on or before August 7, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-17660 Filed 7-17-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  42860                            Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Notices

                                                  SECURITIES AND EXCHANGE                                   of the most significant parts of such                   NYSE is $0.0015 per share, which is
                                                  COMMISSION                                                statements.                                             equal to the current NYSE rebate for
                                                                                                                                                                    execution of customer orders that add
                                                  [Release No. 34–75449; File No. SR–                       A. Self-Regulatory Organization’s
                                                                                                                                                                    liquidity to the NYSE. The Exchange is
                                                  NYSEARCA–2015–55]                                         Statement of the Purpose of, and the
                                                                                                                                                                    proposing to lower the credits for
                                                                                                            Statutory Basis for, the Proposed Rule
                                                  Self-Regulatory Organizations; NYSE                                                                               routing Tier 1 and Tier 2 PO+ Orders to
                                                                                                            Change                                                  the NYSE by the same amount ($0.0001)
                                                  Arca, Inc.; Notice of Filing and
                                                  Immediate Effectiveness of Proposed                       1. Purpose                                              as the decrease in the corresponding
                                                  Rule Change Amending the NYSE Arca                                                                                NYSE credit. The proposed new credit
                                                                                                              The Exchange proposes to amend the
                                                  Equities Schedule of Fees and                                                                                     for such orders routed to the NYSE that
                                                                                                            Fee Schedule to (i) raise the Tier 1 and
                                                  Charges for Exchange Services                                                                                     provide liquidity to the NYSE would be
                                                                                                            Tier 2 fee for Market and Auction-Only
                                                                                                                                                                    $0.0014 per share. This proposed fee
                                                                                                            Orders executed in an Opening, Market
                                                  July 14, 2015.                                                                                                    change would maintain the current
                                                                                                            Order or Trading Halt Auction and
                                                     Pursuant to Section 19(b)(1) 1 of the                                                                          relationship with NYSE rates.
                                                                                                            make corresponding changes in the                          The Exchange proposes to make
                                                  Securities Exchange Act of 1934 (the
                                                                                                            Basic Rate pricing; (ii) modify the Tier                corresponding changes to the Basic Rate
                                                  ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                                                                            1 and Tier 2 credits the Exchange                       pricing section of the Fee Schedule.
                                                  notice is hereby given that, on June 24,
                                                                                                            provides for routing certain orders to the              Currently, the credit for PO+ Orders that
                                                  2015, NYSE Arca, Inc. (the ‘‘Exchange’’
                                                                                                            NYSE and make corresponding changes                     provide liquidity to the NYSE is set at
                                                  or ‘‘NYSE Arca’’) filed with the
                                                                                                            in the Basic Rate pricing; and (iii) revise             $0.0015 per share. The Exchange
                                                  Securities and Exchange Commission
                                                                                                            the Tape B Step Up Tier. The Exchange                   proposes to lower this credit to $0.0014
                                                  (the ‘‘Commission’’) the proposed rule
                                                                                                            proposes to implement the fee changes                   per share. Again, this proposed fee
                                                  change as described in Items I, II, and
                                                                                                            on July 1, 2015.                                        change would maintain the current
                                                  III below, which Items have been
                                                                                                              For Tier 1 and Tier 2, the Exchange                   relationship with NYSE rates.
                                                  prepared by the self-regulatory
                                                                                                            currently charges $0.0010 per share for                    Finally, the Exchange proposes to
                                                  organization. The Commission is
                                                                                                            Market and Auction-Only Orders                          revise the Tape B Step Up Tier.
                                                  publishing this notice to solicit
                                                                                                            executed in an Opening, Market Order                    Currently, ETP Holders and Market
                                                  comments on the proposed rule change
                                                                                                            or Trading Halt Auction with a cap of                   Makers, that, on a daily basis, measured
                                                  from interested persons.
                                                                                                            $20,000 per month per Equity Trading                    monthly, directly execute providing
                                                  I. Self-Regulatory Organization’s                         Permit ID. The Exchange proposes to                     volume in Tape B Securities during a
                                                  Statement of the Terms of Substance of                    raise this fee from $0.0010 to $0.0015                  billing month (‘‘Tape B Adding ADV’’)
                                                  the Proposed Rule Change                                  per share. The Exchange is not                          that is equal to at least 0.275% of the
                                                     The Exchange proposes to amend the                     proposing any change to the cap.                        U.S. Tape B Consolidated Average Daily
                                                  NYSE Arca Equities Schedule of Fees                         The Exchange proposes to make                         Volume (‘‘Tape B CADV’’) for the billing
                                                  and Charges for Exchange Services                         corresponding changes to the Basic Rate                 month over the ETP Holder’s or Market
                                                  (‘‘Fee Schedule’’) to (i) raise the fee for               pricing section of the Fee Schedule.                    Maker’s May 2013 Tape B Adding ADV
                                                  Market and Auction-Only Orders                            Specifically, in the Basic Rate pricing                 taken as a percentage of Tape B CADV
                                                  executed in an Opening, Market Order                      section, the current fee for Market and                 (‘‘Tape B Baseline % CADV’’) receive a
                                                  or Trading Halt Auction; (ii) modify the                  Auction-Only Orders executed in an                      credit of $0.0004 per share for orders
                                                  credits the Exchange provides for                         Opening, Market Order or Trading Halt                   that provide liquidity to the Exchange in
                                                  routing certain orders to the New York                    Auction is $0.0010 per share, with a cap                Tape B Securities, which is in addition
                                                  Stock Exchange LLC (‘‘NYSE’’); and (iii)                  of $20,000 per month per Equity                         to the ETP Holder’s Tiered or Basic Rate
                                                  revise the Tape B Step Up Tier. The                       Trading Permit ID. The Exchange                         credit(s). The Exchange proposes to
                                                  Exchange proposes to implement the                        proposes to raise this fee to $0.0015 per               specify in the Fee Schedule that ETP
                                                  changes on July 1, 2015.                                  share. The Exchange is not proposing                    Holders that qualify for the Cross-Asset
                                                     The text of the proposed rule change                   any change to the cap.                                  Tier would not be eligible to qualify for
                                                  is available on the Exchange’s Web site                     In a recent rule filing, the NYSE has                 the Tape B Step Up Tier. The Exchange
                                                  at www.nyse.com, at the principal office                  proposed to modify its fee structure for                believes that the credit of $0.0030 per
                                                  of the Exchange, and at the                               equities transaction, including changes                 share is sufficient that an ETP Holder
                                                  Commission’s Public Reference Room.                       to the rates for providing liquidity, to                that qualifies for the Cross-Asset Tier
                                                                                                            become effective July 1, 2015.4 The                     should not also receive the increased
                                                  II. Self-Regulatory Organization’s                        Exchange’s current credits for routing                  credits applicable to the Tape B Step Up
                                                  Statement of the Purpose of, and                          orders to NYSE are closely related to the               Tier. Similar to Retail Order Tier ETP
                                                  Statutory Basis for, the Proposed Rule                    NYSE’s rates, including credits for                     Holders and Market Makers, who are
                                                  Change                                                    providing liquidity, and the Exchange is                currently ineligible to qualify for the
                                                     In its filing with the Commission, the                 proposing an adjustment to its routing                  Tape B Step Up Tier, the Exchange
                                                  self-regulatory organization included                     credits to maintain the existing                        proposes to exclude Cross-Asset Tier
                                                  statements concerning the purpose of,                     relationship to the rates proposed by the               ETP Holders from also qualifying for the
                                                  and basis for, the proposed rule change                   NYSE. Specifically, for Tier 1 and Tier                 Tape B Step Up Tier.
                                                  and discussed any comments it received                    2 PO+ orders,5 the current Exchange                        The proposed changes are not
                                                  on the proposed rule change. The text                     credit for orders that are routed to the                otherwise intended to address any other
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  of those statements may be examined at                    NYSE that provide liquidity to the                      issues, and the Exchange is not aware of
                                                  the places specified in Item IV below.                                                                            any problems that ETP Holders would
                                                  The Exchange has prepared summaries,                           4 See
                                                                                                                   SR–NYSE–2015–30.                                 have in complying with the proposed
                                                                                                                 5A
                                                                                                                  PO+ Order is a Primary Only Order (i.e., a
                                                  set forth in sections A, B, and C below,                                                                          changes.
                                                                                                            market or limit order that is to be routed to the
                                                    1 15
                                                                                                            primary market) that is entered for participation in    2. Statutory Basis
                                                         U.S.C. 78s(b)(1).                                  the primary market, other than for participation in
                                                    2 15 U.S.C. 78a.
                                                                                                            the primary market opening or primary market re-           The Exchange believes that the
                                                    3 17 CFR 240.19b–4.                                     opening. See NYSE Arca Equities Rule 7.31(f)(1)(C).     proposed rule change is consistent with


                                             VerDate Sep<11>2014    16:30 Jul 17, 2015   Jkt 235001   PO 00000     Frm 00074   Fmt 4703   Sfmt 4703   E:\FR\FM\20JYN1.SGM   20JYN1


                                                                                  Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Notices                                               42861

                                                  Section 6(b) of the Act,6 in general, and                plus a Tape B Step Up credit of $0.0004                  C. Self-Regulatory Organization’s
                                                  furthers the objectives of Sections                      for a total credit of $0.0027, compared                  Statement on Comments on the
                                                  6(b)(4) and (5) of the Act,7 in particular,              with the standalone Cross-Asset credit                   Proposed Rule Change Received From
                                                  because it provides for the equitable                    of $0.0030. The Exchange notes that                      Members, Participants, or Others
                                                  allocation of reasonable dues, fees, and                 Cross-Asset Tier ETP Holders and                           No written comments were solicited
                                                  other charges among its members,                         Market Makers currently do not qualify                   or received with respect to the proposed
                                                  issuers and other persons using its                      for Tape C Step Up Tier 2 credit.                        rule change.
                                                  facilities and does not unfairly
                                                  discriminate between customers,                             Finally, the Exchange believes that it                III. Date of Effectiveness of the
                                                  issuers, brokers or dealers.                             is subject to significant competitive                    Proposed Rule Change and Timing for
                                                     The Exchange believes that the                        forces, as described below in the                        Commission Action
                                                  proposed fee increase for Market and                     Exchange’s statement regarding the                          The foregoing rule change is effective
                                                  Auction-Only Orders executed in an                       burden on competition. For these                         upon filing pursuant to Section
                                                  Opening, Market Order or Trading Halt                    reasons, the Exchange believes that the                  19(b)(3)(A) 12 of the Act and
                                                  Auction are reasonable because they are                  proposal is consistent with the Act.                     subparagraph (f)(2) of Rule 19b–4 13
                                                  the same as the fees imposed by at least                 B. Self-Regulatory Organization’s                        thereunder, because it establishes a due,
                                                  one other exchange.8 In addition, the                                                                             fee, or other charge imposed by the
                                                                                                           Statement on Burden on Competition
                                                  proposed fee changes are equitable and                                                                            Exchange.
                                                  not unfairly discriminatory because they                   In accordance with Section 6(b)(8) of                     At any time within 60 days of the
                                                  apply uniformly to all similarly situated                the Act,9 the Exchange believes that the                 filing of such proposed rule change, the
                                                  ETP Holders.                                             proposed rule change would not impose                    Commission summarily may
                                                     The Exchange believes that the                        any burden on competition that is not                    temporarily suspend such rule change if
                                                  proposed changes to routing credits for                  necessary or appropriate in furtherance                  it appears to the Commission that such
                                                  PO+ Orders that provide liquidity to the                 of the purposes of the Act. In particular,               action is necessary or appropriate in the
                                                  NYSE are reasonable because the                                                                                   public interest, for the protection of
                                                                                                           the proposed routing credit changes
                                                  Exchange’s credits for routing such                                                                               investors, or otherwise in furtherance of
                                                                                                           would not place a burden on
                                                  orders are closely related to the NYSE’s                                                                          the purposes of the Act. If the
                                                  rebates for its members for providing                    competition because the Exchange is
                                                                                                                                                                    Commission takes such action, the
                                                  liquidity, and the proposed change is                    seeking to align its credits with the
                                                                                                                                                                    Commission shall institute proceedings
                                                  consistent with the change proposed by                   credits provided by the NYSE.10 In
                                                                                                                                                                    under Section 19(b)(2)(B) 14 of the Act to
                                                  the NYSE to lower its rebate for                         addition, the proposed change to the                     determine whether the proposed rule
                                                  providing liquidity. The proposed                        Exchange’s fee for Market and Auction-                   change should be approved or
                                                  change would result in maintaining the                   Only Orders executed in an Opening,                      disapproved.
                                                  existing relationship between the two                    Market Order or Trading Halt Auction is
                                                  sets of fees. In addition, the Exchange                  consistent with the fee charged by at                    IV. Solicitation of Comments
                                                  believes that the proposed rule change,                  least one other exchange.11                                Interested persons are invited to
                                                  which would result in a decrease in the                    The Exchange does not believe                          submit written data, views, and
                                                  per share credit for PO+ Orders routed                   prohibiting Cross-Asset Tier ETP                         arguments concerning the foregoing,
                                                  to the NYSE that provide liquidity to the                Holders from qualifying for increased                    including whether the proposed rule
                                                  NYSE, would thereby align the rate that                  credit(s) will impair ETP Holders’                       change is consistent with the Act.
                                                  the Exchange provides to ETP Holders                                                                              Comments may be submitted by any of
                                                                                                           ability to compete. The Exchange
                                                  with the rate that NYSE provides to its                                                                           the following methods:
                                                                                                           already provides a credit for Cross-Asset
                                                  members for providing liquidity.                         Tier ETP Holders and ETP Holders                         Electronic Comments
                                                  Further, the proposed change is
                                                  equitable and not unfairly
                                                                                                           impacted by the proposed change may                         • Use the Commission’s Internet
                                                                                                           readily adjust their trading behavior to                 comment form (http://www.sec.gov/
                                                  discriminatory because the rebate
                                                  reduction would apply uniformly across                   maintain or increase their credits or                    rules/sro.shtml); or
                                                  pricing tiers and all similarly situated                 decrease their fees in a favorable                          • Send an email to rule-comments@
                                                  ETP Holders would be subject to the                      manner.                                                  sec.gov. Please include File Number SR–
                                                  same credit.                                               The Exchange notes that it operates in                 NYSEARCA–2015–55 on the subject
                                                     The Exchange believes that                            a highly competitive market in which                     line.
                                                  prohibiting Cross-Asset Tier ETP                         market participants can readily favor                    Paper Comments
                                                  Holders from qualifying for the Tape B                   competing venues. In such an                                • Send paper comments in triplicate
                                                  Step Up Tier is reasonable, equitable                    environment, the Exchange must                           to Brent J. Fields, Secretary, Securities
                                                  and not unfairly discriminatory because                  continually review, and consider                         and Exchange Commission, 100 F Street
                                                  ETP Holders that qualify for the Cross-                  adjusting, its fees and credits to remain                NE., Washington, DC 20549–1090.
                                                  Asset Tier would already receive a                       competitive with other exchanges. For
                                                  higher credit of $0.0030 before the Tape                                                                          All submissions should refer to File
                                                                                                           the reasons described above, the                         Number SR–NYSEARCA–2015–55. This
                                                  B Step Up Credit, which is higher than                   Exchange believes that the proposed
                                                  other tiers with the Tape B Step Up                                                                               file number should be included on the
                                                                                                           rule change promotes a competitive                       subject line if email is used. To help the
                                                  credit. For example, Tier 1 ETP Holders
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                           environment.                                             Commission process and review your
                                                  that qualify for Tape B Step Up Tier
                                                  would receive a Tier 1 credit of $0.0023                                                                          comments more efficiently, please use
                                                                                                                                                                    only one method. The Commission will
                                                    6 15 U.S.C. 78f(b).                                                                                             post all comments on the Commission’s
                                                    7 15 U.S.C. 78f(b)(4) and (5).
                                                                                                                9 15 U.S.C. 78f(b)(8).                                12 15
                                                    8 See NASDAQ Crossing Network Fees at http://                                                                           U.S.C. 78s(b)(3)(A).
                                                                                                                10 See supra note 4.                                  13 17
                                                  www.nasdaqtrader.com/                                                                                                     CFR 240.19b–4(f)(2).
                                                  Trader.aspx?id=PriceListTrading2.                             11 See supra note 8.                                  14 15 U.S.C. 78s(b)(2)(B).




                                             VerDate Sep<11>2014   16:30 Jul 17, 2015   Jkt 235001   PO 00000     Frm 00075    Fmt 4703   Sfmt 4703   E:\FR\FM\20JYN1.SGM     20JYN1


                                                  42862                           Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Notices

                                                  Internet Web site (http://www.sec.gov/                   Commission is publishing this notice to               executed will be replaced with a single
                                                  rules/sro.shtml). Copies of the                          solicit comments on the proposed rule                 credit tier of $0.0020 per share executed
                                                  submission, all subsequent                               change from interested persons.                       for all orders with midpoint pegging 3
                                                  amendments, all written statements                                                                             that provide liquidity to create further
                                                                                                           I. Self-Regulatory Organization’s
                                                  with respect to the proposed rule                                                                              incentives to provide midpoint liquidity
                                                                                                           Statement of the Terms of Substance of
                                                  change that are filed with the                                                                                 on PSX for the benefit of investors and
                                                  Commission, and all written                              the Proposed Rule Change                              other market participants.
                                                  communications relating to the                              The Exchange proposes to amend the
                                                                                                                                                                 2. Statutory Basis
                                                  proposed rule change between the                         Exchange’s Pricing Schedule under
                                                  Commission and any person, other than                    Section VIII, entitled ‘‘NASDAQ OMX                      The Exchange believes that the
                                                  those that may be withheld from the                      PSX FEES,’’ with respect to execution                 proposed rule change is consistent with
                                                  public in accordance with the                            and routing of orders in securities                   the provisions of Section 6 of the Act,4
                                                  provisions of 5 U.S.C. 552, will be                      priced at $1 or more per share.                       in general, and with Section 6(b)(4) and
                                                  available for Web site viewing and                          While the changes proposed herein                  6(b)(5) of the Act,5 in particular, in that
                                                  printing in the Commission’s Public                      are effective upon filing, the Exchange               it provides for the equitable allocation
                                                  Reference Section, 100 F Street NE.,                     has designated that the amendments be                 of reasonable dues, fees and other
                                                  Washington, DC 20549–1090. Copies of                     operative on July 1, 2015.                            charges among members and issuers and
                                                  the filing will also be available for                       The text of the proposed rule change               other persons using any facility or
                                                  inspection and copying at the NYSE’s                     is available on the Exchange’s Web site               system which the Exchange operates or
                                                  principal office and on its Internet Web                 at http://                                            controls, and is not designed to permit
                                                  site at www.nyse.com. All comments                       nasdaqomxphlx.cchwallstreet.com/, at                  unfair discrimination between
                                                  received will be posted without change;                  the principal office of the Exchange, and             customers, issuers, brokers, or dealers.
                                                  the Commission does not edit personal                    at the Commission’s Public Reference                     The proposed increases to the credits
                                                  identifying information from                             Room.                                                 in the fee schedule under the
                                                  submissions. You should submit only                                                                            Exchange’s Pricing Schedule under
                                                  information that you wish to make                        II. Self-Regulatory Organization’s                    Section VIII are reflective of the
                                                  available publicly. All submissions                      Statement of the Purpose of, and                      Exchange’s ongoing efforts to use
                                                  should refer to File Number SR–                          Statutory Basis for, the Proposed Rule                pricing incentive programs to attract
                                                  NYSEARCA–2015–55 and should be                           Change                                                order flow to the Exchange and improve
                                                  submitted on or before August 7, 2015.                     In its filing with the Commission, the              market quality. The goal of these pricing
                                                                                                           Exchange included statements                          incentives is to provide meaningful
                                                    For the Commission, by the Division of
                                                  Trading and Markets, pursuant to delegated               concerning the purpose of and basis for               incentives for members to increase their
                                                  authority.15                                             the proposed rule change and discussed                participation on the Exchange.
                                                                                                           any comments it received on the                          The Exchange is proposing to increase
                                                  Robert W. Errett,
                                                                                                           proposed rule change. The text of these               non-displayed order credits for all
                                                  Deputy Secretary.
                                                                                                                                                                 orders with midpoint pegging that
                                                  [FR Doc. 2015–17660 Filed 7–17–15; 8:45 am]              statements may be examined at the
                                                                                                                                                                 provide liquidity through PSX by
                                                                                                           places specified in Item IV below. The
                                                  BILLING CODE 8011–01–P                                                                                         replacing the existing two such tiers
                                                                                                           Exchange has prepared summaries, set
                                                                                                                                                                 with a single tier. Specifically, the credit
                                                                                                           forth in sections A, B, and C below, of
                                                                                                                                                                 tiers for non-displayed orders of a
                                                  SECURITIES AND EXCHANGE                                  the most significant aspects of such
                                                                                                                                                                 $0.0015 per share executed credit for
                                                  COMMISSION                                               statements.
                                                                                                                                                                 orders with midpoint pegging that
                                                  [Release No. 34–75446; File No. SR–Phlx–                 A. Self-Regulatory Organization’s                     provide liquidity entered by a member
                                                  2015–58]                                                 Statement of the Purpose of, and                      organization that provides 1,000,000
                                                                                                           Statutory Basis for, the Proposed Rule                shares or more average daily volume of
                                                  Self-Regulatory Organizations;                           Change                                                non-displayed liquidity during the
                                                  NASDAQ OMX PHLX LLC; Notice of                                                                                 month and the credit tier for non-
                                                  Filing and Immediate Effectiveness of                    1. Purpose                                            displayed orders of $0.0010 per share
                                                  Proposed Rule Change Relating to the                        The purpose of the proposed rule                   executed will be replaced with a single
                                                  Exchange’s Pricing Schedule under                        change is to amend certain credits for                credit tier of $0.0020 per share executed
                                                  Section VIII With Respect to Execution                   order execution and routing applicable                for all orders with midpoint pegging
                                                  and Routing of Orders in Securities                      to the use of the order execution and                 that provide liquidity.
                                                  Priced at $1 or More per Share                           routing services of the NASDAQ OMX                       The Exchange believes the proposed
                                                  July 14, 2015.                                           PSX System (‘‘PSX’’) by member                        change is reasonable because the
                                                     Pursuant to Section 19(b)(1) of the                   organizations for all securities traded at            increase to the credit for all orders with
                                                  Securities Exchange Act of 1934                          $1 or more per share.                                 midpoint pegging that provide liquidity
                                                  (‘‘Act’’),1 and Rule 19b–4 2 thereunder,                    The Exchange will increase non-                    provides member organizations with a
                                                  notice is hereby given that, on June 30,                 displayed order credits for all orders                uniform credit designed to incentivize
                                                  2015, NASDAQ OMX PHLX LLC                                with midpoint pegging that provide                    increased midpoint liquidity on PSX.
                                                  (‘‘Phlx’’ or ‘‘Exchange’’) filed with the                liquidity through PSX. Specifically, the              Additionally, the Exchange believes
                                                  Securities and Exchange Commission                       credit tiers for non-displayed orders of              providing a greater credit will act as an
                                                                                                                                                                 incentive for members to increase their
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  (‘‘Commission’’) the proposed rule                       a $0.0015 per share executed credit for
                                                  change as described in Items I, II, and                  orders with midpoint pegging that                     participation on the Exchange.
                                                  III, below, which Items have been                        provide liquidity entered by a member
                                                                                                                                                                    3 Including the Midpoint Peg Post-Only Order
                                                  prepared by the Exchange. The                            organization that provides 1,000,000
                                                                                                                                                                 recently filed with the Commission, once effective
                                                                                                           shares or more average daily volume of                and operative. See SR–PHLX–2015–056 (as recently
                                                    15 17 CFR 200.30–3(a)(12).                             non-displayed liquidity during the                    filed).
                                                    1 15 U.S.C. 78s(b)(1).                                 month and the credit tier for non-                       4 15 U.S.C. 78f.
                                                    2 17 CFR 240.19b–4.                                    displayed orders of $0.0010 per share                    5 15 U.S.C. 78f(b)(4) and (5).




                                             VerDate Sep<11>2014   16:30 Jul 17, 2015   Jkt 235001   PO 00000   Frm 00076   Fmt 4703   Sfmt 4703   E:\FR\FM\20JYN1.SGM   20JYN1



Document Created: 2015-12-15 12:58:24
Document Modified: 2015-12-15 12:58:24
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 42860 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR