80_FR_55844 80 FR 55665 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the NYSE Arca Options Fee Schedule

80 FR 55665 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the NYSE Arca Options Fee Schedule

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 179 (September 16, 2015)

Page Range55665-55667
FR Document2015-23214

Federal Register, Volume 80 Issue 179 (Wednesday, September 16, 2015)
[Federal Register Volume 80, Number 179 (Wednesday, September 16, 2015)]
[Notices]
[Pages 55665-55667]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23214]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75881; File No. SR-NYSEArca-2015-75]


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

September 10, 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 September 1, 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.
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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 Options Fee Schedule 
(``Fee Schedule''). The Exchange proposes to implement the fee change 
effective September 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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this filing is to modify the criteria used for Lead 
Market Makers and Market Makers (collectively, ``Market Makers'') to 
qualify for the Monthly Posting Credit Tiers For Executions in Penny 
Pilot Issues and SPY (the ``Posting Tiers''). The Exchange proposes to 
implement the fee change effective September 1, 2015.
    Currently, Market Makers qualify for the Posting Tiers by achieving 
certain volume-based criteria based on average electronic executions 
per day.\4\ The Posting Tiers include the Select, Super and Super II 
tiers and the volume requirements to achieve each are as follows:
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    \4\ The Exchange notes that there is a posting credit associated 
with a Base Tier for which there is no volume requirement.
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     Select Tier: a Market Maker must meet an Average Daily 
Volume (``ADV'') of 30,000 contracts from Market Maker Posted Orders in 
both Penny Pilot and non-Penny Pilot issues;
     Super Tier: a Market Maker must meet either (i) an ADV of 
80,000 contracts from Market Maker Posted Orders in both Penny Pilot 
and non-Penny Pilot issues or (ii) an ADV of 200,000 contracts combined 
from all orders in Penny Pilot Issues,\5\ and at least 100,000 of those 
contracts have to be from Posted Orders in Penny Pilot Issues; and
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    \5\ Unlike the Select Tier and Super Tier II, in calculating the 
Super Tier, the Exchange will include the ADV of the Market Maker's 
affiliate(s).
---------------------------------------------------------------------------

     Super Tier II: a Market Maker must meet an ADV of 200,000 
contracts from Market Maker orders in all issues, and at least 110,000 
of those contracts have to be from Posted Orders from both Penny Pilot 
and non-Penny Pilot issues.
    The Exchange is proposing to replace the existing thresholds that 
are based on static ADV of contracts traded with market share criteria, 
specifically percentages of total industry customer equity and exchange 
traded fund (``ETF'') option ADV.\6\ The Exchange believes this 
modification would enable Market Makers to achieve the Posting Tiers 
more consistently, despite monthly or seasonal fluctuations in industry 
volume. The Exchange is not proposing to adjust the source of the 
qualifying volume for each Posting Tier. Specifically, the Exchange 
proposes the market share requirements to achieve each Posting Tier as 
follows:
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    \6\ The volume thresholds are based on Market Makers' volume 
transacted electronically as a percentage of total industry Customer 
equity and ETF options volumes as reported by the Options Clearing 
Corporation (the ``OCC''). Total industry customer equity and ETF 
option volume is comprised of those equity and ETF contracts that 
clear in the Customer account type at OCC and does not include 
contracts that clear in either the Firm or Market Maker account type 
at OCC or contracts overlying a security other than an equity or ETF 
security. See OCC Monthly Statistics Reports, available here, http://www.theocc.com/webapps/monthly-volume-reports.
---------------------------------------------------------------------------

     Select Tier: a Market Maker would have to achieve at least 
0.25% of Total Industry Customer Equity and ETF option ADV from Market 
Maker Posted Orders in both Penny Pilot and non-Penny Pilot issues;
     Super Tier: a Market Maker would have to achieve either 
(i) at least 0.65% of Total Industry Customer Equity and ETF option ADV 
from Market Maker Posted Orders in both Penny Pilot and non-Penny Pilot 
issues or (ii) at least 1.60% of Total Industry Customer Equity and ETF 
option ADV from all orders in Penny Pilot Issues, all account types, 
with at least 0.80% of Total Industry Customer Equity and ETF option 
ADV from Posted Orders in Penny Pilot Issues; \7\ and
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    \7\ As is the case today, in calculating the Super Tier, the 
Exchange will include the ADV of the Market Maker's affiliate(s).
---------------------------------------------------------------------------

     Super Tier II: a Market Maker must achieve at least 1.60% 
of Total Industry Customer Equity and ETF option ADV

[[Page 55666]]

from Market Maker orders in all issues, and at least 0.90% of Total 
Industry Customer Equity and ETF option ADV from Posted Orders from 
both Penny Pilot and non-Penny Pilot issues.
    The Exchange is not proposing any changes to the amount of the 
Posting Credits for any of the tiers.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\8\ in general, and furthers the 
objectives of Sections 6(b)(4) and (5) of the Act,\9\ 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that modifying the qualification criteria for 
Market Maker Posting Credit Tiers is reasonable, equitable, and not 
unfairly discriminatory because it makes the Posting Tiers more 
consistently achievable as the Tiers will be less dependent on 
fluctuations in overall industry volume. The Exchange believes 
modifying the Posting Tiers based on achieving percentages of market 
share is also not unfairly discriminatory as it is based on the amount 
of business conducted on the Exchange and therefore rewards similar 
efforts month-to-month, while not resulting in windfalls during periods 
of heavy volumes, or penalizing firms focused on trading at NYSE Arca 
during months of overall lower volumes.
    The Exchange believes modifying the Posting Tiers based on 
achieving percentages of market share is reasonable, equitable, and not 
unfairly discriminatory because the Exchange utilizes this criterion as 
a basis for determining posting credits to other market participants 
and this criterion is commonly used for this purpose by competing 
exchanges.\10\
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    \10\ See, e.g., Fee Schedule, available here, https://www.nyse.com/publicdocs/nyse/markets/arca-options/NYSE_Arca_Options_Fee_Schedule.pdf (Customer and Professional 
Customer Monthly Posting Credit Tiers and Qualifications for 
Executions in Penny Pilot Issues and Customer and Professional 
Customer Posting Credit Tiers in Non Penny Pilot Issues, both based 
on percentage of Total Industry Customer Equity and ETF Option ADV); 
NASDAQ Options Market fee schedule, available at, http://www.nasdaqtrader.com/Micro.aspx?id=optionsPricing (NOM Market Maker 
Rebate to Add Liquidity in Penny Pilot Options based on total 
industry customer equity and ETF option ADV contracts per day in a 
month); BATS Options Exchange fee schedule, available at, http://www.batsoptions.com/support/fee_schedule/ (Market Maker and Non-BATS 
Market Maker Penny Pilot Add Volume Tiers Market Maker and Non-BATS 
Market Maker Non Penny Pilot Add Volume Tiers, both based on 
percentage of total consolidated monthly volume calculated).
---------------------------------------------------------------------------

    The Exchange also believes that the proposed change to the 
qualification criteria is reasonable, equitable, and not unfairly 
discriminatory, as the Posting Credits are intended to encourage 
quoting at the National Best Bid and Offer (``NBBO'') which in turn 
benefits both Customers and non-Customers by having narrower spreads 
available for execution.
    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,\11\ the Exchange 
does not believe that the proposed rule change will impose any burden 
on competition that is not necessary or appropriate in furtherance of 
the purposes of the Act. Instead, the Exchange believes that the 
proposed change would encourage competition, including by attracting a 
wider variety of business to the Exchange, which would make the 
Exchange a more competitive venue for, among other things, order 
execution and price discovery. In addition, by adjusting the 
qualifications to a market share basis rather than per contract volume 
levels, the Exchange believes the proposed change encourages 
competition without undue burden by being based on a share of overall 
business rather than a static volume amount.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    Moreover, because the proposed change continues to base the Posting 
Tiers on the amount of business conducted on the Exchange, it would 
apply equally to similarly-situated Marker Makers and would not impose 
a disparate burden on competition either among or between classes of 
market participants.
    The Exchange notes that it operates in a highly competitive market 
in which market participants can readily favor competing venues. In 
such an environment, the Exchange must continually review, and consider 
adjusting, its fees and credits to remain competitive with other 
exchanges. For the reasons described above, the Exchange believes that 
the proposed rule change reflects this competitive environment.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants or Others

    No written comments were solicited or received with respect to the 
proposed rule change.

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 rule-comments@sec.gov. Please include 
File Number SR-NYSEArca-2015-75 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEArca-2015-75. 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/

[[Page 55667]]

rules/sro.shtml). Copies of the submission, all subsequent amendments, 
all written statements with respect to the proposed rule change that 
are filed with the Commission, and all written communications relating 
to the proposed rule change between the Commission and any person, 
other than those that may be withheld from the public in accordance 
with the provisions of 5 U.S.C. 552, will be available for Web site 
viewing and printing in the Commission's Public Reference Room, 100 F 
Street NE., Washington, DC 20549, on official business days between the 
hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be 
available for inspection and copying at the principal office of the 
Exchange. All comments received will be posted without change; the 
Commission does not edit personal identifying information from 
submissions. You should submit only information that you wish to make 
available publicly. All submissions should refer to File Number SR-
NYSEArca-2015-75 and should be submitted on or before October 7, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-23214 Filed 9-15-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices                                                   55665

                                                    amendments, all written statements                      solicit comments on the proposed rule                   Penny Pilot issues or (ii) an ADV of
                                                    with respect to the proposed rule                       change from interested persons.                         200,000 contracts combined from all
                                                    change that are filed with the                                                                                  orders in Penny Pilot Issues,5 and at
                                                                                                            I. Self-Regulatory Organization’s
                                                    Commission, and all written                                                                                     least 100,000 of those contracts have to
                                                                                                            Statement of the Terms of Substance of
                                                    communications relating to the                                                                                  be from Posted Orders in Penny Pilot
                                                                                                            the Proposed Rule Change
                                                    proposed rule change between the                                                                                Issues; and
                                                    Commission and any person, other than                      The Exchange proposes to amend the                      • Super Tier II: a Market Maker must
                                                    those that may be withheld from the                     NYSE Arca Options Fee Schedule (‘‘Fee                   meet an ADV of 200,000 contracts from
                                                    public in accordance with the                           Schedule’’). The Exchange proposes to                   Market Maker orders in all issues, and
                                                    provisions of 5 U.S.C. 552, will be                     implement the fee change effective                      at least 110,000 of those contracts have
                                                    available for Web site viewing and                      September 1, 2015. The text of the                      to be from Posted Orders from both
                                                    printing in the Commission’s Public                     proposed rule change is available on the                Penny Pilot and non-Penny Pilot issues.
                                                    Reference Room, 100 F Street NE.,                       Exchange’s Web site at www.nyse.com,                       The Exchange is proposing to replace
                                                    Washington, DC 20549, on official                       at the principal office of the Exchange,                the existing thresholds that are based on
                                                    business days between the hours of                      and at the Commission’s Public                          static ADV of contracts traded with
                                                    10:00 a.m. and 3:00 p.m. Copies of such                 Reference Room.                                         market share criteria, specifically
                                                    filing will also be available for                       II. Self-Regulatory Organization’s                      percentages of total industry customer
                                                    inspection and copying at the principal                 Statement of the Purpose of, and                        equity and exchange traded fund
                                                    office of the Exchange. All comments                    Statutory Basis for, the Proposed Rule                  (‘‘ETF’’) option ADV.6 The Exchange
                                                    received will be posted without change;                 Change                                                  believes this modification would enable
                                                    the Commission does not edit personal                                                                           Market Makers to achieve the Posting
                                                    identifying information from                               In its filing with the Commission, the               Tiers more consistently, despite
                                                    submissions. You should submit only                     self-regulatory organization included                   monthly or seasonal fluctuations in
                                                    information that you wish to make                       statements concerning the purpose of,                   industry volume. The Exchange is not
                                                    available publicly. All submissions                     and basis for, the proposed rule change                 proposing to adjust the source of the
                                                    should refer to File Number SR–                         and discussed any comments it received                  qualifying volume for each Posting Tier.
                                                    NASDAQ–2015–105 and should be                           on the proposed rule change. The text                   Specifically, the Exchange proposes the
                                                    submitted on or before October 7, 2015.                 of those statements may be examined at                  market share requirements to achieve
                                                                                                            the places specified in Item IV below.                  each Posting Tier as follows:
                                                      For the Commission, by the Division of                The Exchange has prepared summaries,
                                                    Trading and Markets, pursuant to delegated                                                                         • Select Tier: a Market Maker would
                                                                                                            set forth in sections A, B, and C below,                have to achieve at least 0.25% of Total
                                                    authority.15
                                                                                                            of the most significant parts of such                   Industry Customer Equity and ETF
                                                    Robert W. Errett,                                       statements.                                             option ADV from Market Maker Posted
                                                    Deputy Secretary.
                                                                                                            A. Self-Regulatory Organization’s                       Orders in both Penny Pilot and non-
                                                    [FR Doc. 2015–23213 Filed 9–15–15; 8:45 am]
                                                                                                            Statement of the Purpose of, and                        Penny Pilot issues;
                                                    BILLING CODE 8011–01–P
                                                                                                            Statutory Basis for, the Proposed Rule                     • Super Tier: a Market Maker would
                                                                                                            Change                                                  have to achieve either (i) at least 0.65%
                                                                                                                                                                    of Total Industry Customer Equity and
                                                    SECURITIES AND EXCHANGE                                 1. Purpose                                              ETF option ADV from Market Maker
                                                    COMMISSION
                                                                                                               The purpose of this filing is to modify              Posted Orders in both Penny Pilot and
                                                                                                            the criteria used for Lead Market Makers                non-Penny Pilot issues or (ii) at least
                                                    [Release No. 34–75881; File No. SR–                     and Market Makers (collectively,                        1.60% of Total Industry Customer
                                                    NYSEArca–2015–75]                                       ‘‘Market Makers’’) to qualify for the                   Equity and ETF option ADV from all
                                                                                                            Monthly Posting Credit Tiers For                        orders in Penny Pilot Issues, all account
                                                    Self-Regulatory Organizations; NYSE
                                                                                                            Executions in Penny Pilot Issues and                    types, with at least 0.80% of Total
                                                    Arca, Inc.; Notice of Filing and
                                                                                                            SPY (the ‘‘Posting Tiers’’). The                        Industry Customer Equity and ETF
                                                    Immediate Effectiveness of Proposed
                                                                                                            Exchange proposes to implement the fee                  option ADV from Posted Orders in
                                                    Rule Change Amending the NYSE Arca
                                                                                                            change effective September 1, 2015.                     Penny Pilot Issues; 7 and
                                                    Options Fee Schedule                                       Currently, Market Makers qualify for                    • Super Tier II: a Market Maker must
                                                    September 10, 2015.                                     the Posting Tiers by achieving certain                  achieve at least 1.60% of Total Industry
                                                                                                            volume-based criteria based on average                  Customer Equity and ETF option ADV
                                                       Pursuant to Section 19(b)(1) 1 of the                electronic executions per day.4 The
                                                    Securities Exchange Act of 1934 (the                    Posting Tiers include the Select, Super                   5 Unlike the Select Tier and Super Tier II, in
                                                    ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                  and Super II tiers and the volume                       calculating the Super Tier, the Exchange will
                                                    notice is hereby given that, on                         requirements to achieve each are as                     include the ADV of the Market Maker’s affiliate(s).
                                                    September 1, 2015, NYSE Arca, Inc. (the                 follows:
                                                                                                                                                                      6 The volume thresholds are based on Market

                                                    ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with                                                                       Makers’ volume transacted electronically as a
                                                                                                               • Select Tier: a Market Maker must                   percentage of total industry Customer equity and
                                                    the Securities and Exchange                             meet an Average Daily Volume (‘‘ADV’’)                  ETF options volumes as reported by the Options
                                                    Commission (the ‘‘Commission’’) the                     of 30,000 contracts from Market Maker                   Clearing Corporation (the ‘‘OCC’’). Total industry
                                                    proposed rule change as described in                    Posted Orders in both Penny Pilot and                   customer equity and ETF option volume is
                                                                                                                                                                    comprised of those equity and ETF contracts that
asabaliauskas on DSK7TPTVN1PROD with NOTICES




                                                    Items I, II, and III below, which Items                 non-Penny Pilot issues;                                 clear in the Customer account type at OCC and does
                                                    have been prepared by the self-                            • Super Tier: a Market Maker must                    not include contracts that clear in either the Firm
                                                    regulatory organization. The                            meet either (i) an ADV of 80,000                        or Market Maker account type at OCC or contracts
                                                    Commission is publishing this notice to                 contracts from Market Maker Posted                      overlying a security other than an equity or ETF
                                                                                                                                                                    security. See OCC Monthly Statistics Reports,
                                                                                                            Orders in both Penny Pilot and non-                     available here, http://www.theocc.com/webapps/
                                                      15 17 CFR 200.30–3(a)(12).                                                                                    monthly-volume-reports.
                                                      1 15 U.S.C. 78s(b)(1).                                  4 The Exchange notes that there is a posting credit     7 As is the case today, in calculating the Super
                                                      2 15 U.S.C. 78a.
                                                                                                            associated with a Base Tier for which there is no       Tier, the Exchange will include the ADV of the
                                                      3 17 CFR 240.19b–4.                                   volume requirement.                                     Market Maker’s affiliate(s).



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                                                    55666                   Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

                                                    from Market Maker orders in all issues,                   The Exchange also believes that the                 C. Self-Regulatory Organization’s
                                                    and at least 0.90% of Total Industry                    proposed change to the qualification                  Statement on Comments on the
                                                    Customer Equity and ETF option ADV                      criteria is reasonable, equitable, and not            Proposed Rule Change Received From
                                                    from Posted Orders from both Penny                      unfairly discriminatory, as the Posting               Members, Participants or Others
                                                    Pilot and non-Penny Pilot issues.                       Credits are intended to encourage                       No written comments were solicited
                                                       The Exchange is not proposing any                    quoting at the National Best Bid and                  or received with respect to the proposed
                                                    changes to the amount of the Posting                    Offer (‘‘NBBO’’) which in turn benefits               rule change.
                                                    Credits for any of the tiers.                           both Customers and non-Customers by
                                                                                                                                                                  III. Date of Effectiveness of the
                                                    2. Statutory Basis                                      having narrower spreads available for                 Proposed Rule Change and Timing for
                                                       The Exchange believes that the                       execution.                                            Commission Action
                                                    proposed rule change is consistent with                   For these reasons, the Exchange                        The foregoing rule change is effective
                                                    Section 6(b) of the Act,8 in general, and               believes that the proposal is consistent              upon filing pursuant to Section
                                                    furthers the objectives of Sections                     with the Act.                                         19(b)(3)(A) 12 of the Act and
                                                    6(b)(4) and (5) of the Act,9 in particular,                                                                   subparagraph (f)(2) of Rule 19b–4 13
                                                                                                            B. Self-Regulatory Organization’s
                                                    because it provides for the equitable                                                                         thereunder, because it establishes a due,
                                                    allocation of reasonable dues, fees, and                Statement on Burden on Competition
                                                                                                                                                                  fee, or other charge imposed by the
                                                    other charges among its members,                           In accordance with Section 6(b)(8) of              Exchange.
                                                    issuers and other persons using its                     the Act,11 the Exchange does not believe                 At any time within 60 days of the
                                                    facilities and does not unfairly                        that the proposed rule change will                    filing of such proposed rule change, the
                                                    discriminate between customers,                         impose any burden on competition that                 Commission summarily may
                                                    issuers, brokers or dealers.                                                                                  temporarily suspend such rule change if
                                                                                                            is not necessary or appropriate in
                                                       The Exchange believes that modifying                                                                       it appears to the Commission that such
                                                    the qualification criteria for Market                   furtherance of the purposes of the Act.
                                                                                                            Instead, the Exchange believes that the               action is necessary or appropriate in the
                                                    Maker Posting Credit Tiers is                                                                                 public interest, for the protection of
                                                    reasonable, equitable, and not unfairly                 proposed change would encourage
                                                                                                            competition, including by attracting a                investors, or otherwise in furtherance of
                                                    discriminatory because it makes the                                                                           the purposes of the Act. If the
                                                    Posting Tiers more consistently                         wider variety of business to the
                                                                                                                                                                  Commission takes such action, the
                                                    achievable as the Tiers will be less                    Exchange, which would make the
                                                                                                                                                                  Commission shall institute proceedings
                                                    dependent on fluctuations in overall                    Exchange a more competitive venue for,
                                                                                                                                                                  under Section 19(b)(2)(B) 14 of the Act to
                                                    industry volume. The Exchange believes                  among other things, order execution and
                                                                                                                                                                  determine whether the proposed rule
                                                    modifying the Posting Tiers based on                    price discovery. In addition, by
                                                                                                                                                                  change should be approved or
                                                    achieving percentages of market share is                adjusting the qualifications to a market              disapproved.
                                                    also not unfairly discriminatory as it is               share basis rather than per contract
                                                    based on the amount of business                         volume levels, the Exchange believes                  IV. Solicitation of Comments
                                                    conducted on the Exchange and                           the proposed change encourages                          Interested persons are invited to
                                                    therefore rewards similar efforts month-                competition without undue burden by                   submit written data, views and
                                                    to-month, while not resulting in                        being based on a share of overall                     arguments concerning the foregoing,
                                                    windfalls during periods of heavy                       business rather than a static volume                  including whether the proposed rule
                                                    volumes, or penalizing firms focused on                 amount.                                               change is consistent with the Act.
                                                    trading at NYSE Arca during months of                      Moreover, because the proposed                     Comments may be submitted by any of
                                                    overall lower volumes.                                  change continues to base the Posting                  the following methods:
                                                       The Exchange believes modifying the
                                                                                                            Tiers on the amount of business                       Electronic Comments
                                                    Posting Tiers based on achieving
                                                                                                            conducted on the Exchange, it would                     • Use the Commission’s Internet
                                                    percentages of market share is
                                                                                                            apply equally to similarly-situated                   comment form (http://www.sec.gov/
                                                    reasonable, equitable, and not unfairly
                                                    discriminatory because the Exchange                     Marker Makers and would not impose a                  rules/sro.shtml); or
                                                    utilizes this criterion as a basis for                  disparate burden on competition either                  • Send an email to rule-comments@
                                                    determining posting credits to other                    among or between classes of market                    sec.gov. Please include File Number SR–
                                                    market participants and this criterion is               participants.                                         NYSEArca–2015–75 on the subject line.
                                                    commonly used for this purpose by                          The Exchange notes that it operates in             Paper Comments
                                                    competing exchanges.10                                  a highly competitive market in which
                                                                                                            market participants can readily favor                    • Send paper comments in triplicate
                                                      8 15 U.S.C. 78f(b).                                   competing venues. In such an                          to Secretary, Securities and Exchange
                                                      9 15 U.S.C. 78f(b)(4) and (5).                                                                              Commission, 100 F Street NE.,
                                                                                                            environment, the Exchange must
                                                      10 See, e.g., Fee Schedule, available here,                                                                 Washington, DC 20549–1090.
                                                    https://www.nyse.com/publicdocs/nyse/markets/
                                                                                                            continually review, and consider
                                                                                                            adjusting, its fees and credits to remain             All submissions should refer to File
                                                    arca-options/NYSE_Arca_Options_Fee_
                                                    Schedule.pdf (Customer and Professional Customer        competitive with other exchanges. For                 Number SR–NYSEArca–2015–75. This
                                                    Monthly Posting Credit Tiers and Qualifications for                                                           file number should be included on the
                                                                                                            the reasons described above, the
                                                    Executions in Penny Pilot Issues and Customer and                                                             subject line if email is used. To help the
                                                                                                            Exchange believes that the proposed
asabaliauskas on DSK7TPTVN1PROD with NOTICES




                                                    Professional Customer Posting Credit Tiers in Non                                                             Commission process and review your
                                                    Penny Pilot Issues, both based on percentage of         rule change reflects this competitive
                                                    Total Industry Customer Equity and ETF Option                                                                 comments more efficiently, please use
                                                                                                            environment.
                                                    ADV); NASDAQ Options Market fee schedule,                                                                     only one method. The Commission will
                                                    available at, http://www.nasdaqtrader.com/                                                                    post all comments on the Commission’s
                                                    Micro.aspx?id=optionsPricing (NOM Market Maker          (Market Maker and Non-BATS Market Maker Penny
                                                                                                            Pilot Add Volume Tiers Market Maker and Non-
                                                                                                                                                                  Internet Web site (http://www.sec.gov/
                                                    Rebate to Add Liquidity in Penny Pilot Options
                                                    based on total industry customer equity and ETF         BATS Market Maker Non Penny Pilot Add Volume
                                                                                                                                                                    12 15 U.S.C. 78s(b)(3)(A).
                                                    option ADV contracts per day in a month); BATS          Tiers, both based on percentage of total
                                                    Options Exchange fee schedule, available at,            consolidated monthly volume calculated).                13 17 CFR 240.19b–4(f)(2).
                                                    http://www.batsoptions.com/support/fee_schedule/          11 15 U.S.C. 78f(b)(8).                               14 15 U.S.C. 78s(b)(2)(B).




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                                                                             Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices                                             55667

                                                    rules/sro.shtml). Copies of the                         The Commission is publishing this                     simultaneously decrease the credit from
                                                    submission, all subsequent                              notice to solicit comments on the                     $0.0005 to $0.0000 per share executed
                                                    amendments, all written statements                      proposed rule change from interested                  for other non-displayed orders that
                                                    with respect to the proposed rule                       persons.                                              provide liquidity.
                                                    change that are filed with the
                                                                                                            I. Self-Regulatory Organization’s                     2. Statutory Basis
                                                    Commission, and all written
                                                    communications relating to the                          Statement of the Terms of Substance of                   The Exchange believes that the
                                                    proposed rule change between the                        the Proposed Rule Change                              proposed rule change is consistent with
                                                    Commission and any person, other than                      The Exchange proposes to amend the                 the provisions of Section 6 of the Act,3
                                                    those that may be withheld from the                     Exchange’s Pricing Schedule under                     in general, and with Section 6(b)(4) and
                                                    public in accordance with the                           Section VIII, entitled ‘‘NASDAQ OMX                   6(b)(5) of the Act,4 in particular, in that
                                                    provisions of 5 U.S.C. 552, will be                     PSX FEES,’’ with respect to execution                 it provides for the equitable allocation
                                                    available for Web site viewing and                      and routing of orders in securities                   of reasonable dues, fees and other
                                                    printing in the Commission’s Public                     priced at $1 or more per share.                       charges among members and issuers and
                                                    Reference Room, 100 F Street NE.,                          While the changes proposed herein                  other persons using any facility or
                                                    Washington, DC 20549, on official                       are effective upon filing, the Exchange               system which the Exchange operates or
                                                    business days between the hours of                      has designated that the amendments be                 controls, and is not designed to permit
                                                    10:00 a.m. and 3:00 p.m. Copies of such                 operative on September 1, 2015.                       unfair discrimination between
                                                    filing also will be available for                          The text of the proposed rule change               customers, issuers, brokers, or dealers.
                                                    inspection and copying at the principal                 is available on the Exchange’s Web site                  The proposed changes to the charge
                                                    office of the Exchange. All comments                    at http://                                            and credits in the fee schedule under
                                                    received will be posted without change;                 nasdaqomxphlx.cchwallstreet.com/, at                  the Exchange’s Pricing Schedule under
                                                    the Commission does not edit personal                   the principal office of the Exchange, and             Section VIII are reflective of the
                                                    identifying information from                            at the Commission’s Public Reference                  Exchange’s ongoing efforts to use
                                                    submissions. You should submit only                     Room.                                                 pricing incentive programs to attract
                                                    information that you wish to make                                                                             order flow to the Exchange and improve
                                                    available publicly. All submissions                     II. Self-Regulatory Organization’s                    market quality. The goal of these pricing
                                                    should refer to File Number SR–                         Statement of the Purpose of, and                      incentives is to provide meaningful
                                                    NYSEArca–2015–75 and should be                          Statutory Basis for, the Proposed Rule                incentives for members to increase their
                                                    submitted on or before October 7, 2015.                 Change                                                participation on the Exchange.
                                                                                                              In its filing with the Commission, the                 The Exchange believes that the slight
                                                      For the Commission, by the Division of
                                                    Trading and Markets, pursuant to delegated              Exchange included statements                          decrease in the charge to a member
                                                    authority.15                                            concerning the purpose of and basis for               organization entering an order that
                                                    Robert W. Errett,                                       the proposed rule change and discussed                executes in PSX from $0.0027 to
                                                    Deputy Secretary.                                       any comments it received on the                       $0.0026 per share executed in securities
                                                                                                            proposed rule change. The text of these               on exchanges other than Nasdaq and
                                                    [FR Doc. 2015–23214 Filed 9–15–15; 8:45 am]
                                                                                                            statements may be examined at the                     NYSE is reasonable because it provides
                                                    BILLING CODE 8011–01–P
                                                                                                            places specified in Item IV below. The                such member organizations with a
                                                                                                            Exchange has prepared summaries, set                  modest benefit of entering orders on the
                                                    SECURITIES AND EXCHANGE                                 forth in sections A, B, and C below, of               PSX System of securities listed on
                                                    COMMISSION                                              the most significant aspects of such                  exchanges other than Nasdaq and NYSE
                                                                                                            statements.                                           and should incentivize more
                                                    [Release No. 34–75889; File No. SR–Phlx–                                                                      participants in the market.
                                                    2015–78]                                                A. Self-Regulatory Organization’s                        Phlx also believes that this proposed
                                                                                                            Statement of the Purpose of, and                      rule changes is consistent with an
                                                    Self-Regulatory Organizations;                          Statutory Basis for, the Proposed Rule                equitable allocation of fees and are not
                                                    NASDAQ OMX PHLX LLC; Notice of                          Change                                                unfairly discriminatory because it is
                                                    Filing and Immediate Effectiveness of
                                                                                                            1. Purpose                                            uniformly available to all members
                                                    Proposed Rule Change Relating to the
                                                                                                                                                                  entering order that execute on PSX for
                                                    Exchange’s Pricing Schedule Under                          The purpose of the proposed rule                   securities listed on exchanges other than
                                                    Section VIII With Respect to Execution                  change is to amend a charge and certain               Nasdaq and NYSE and affects all such
                                                    and Routing of Orders in Securities                     credits for order execution and routing               members equally and in the same way.
                                                    Priced at $1 or More Per Share                          applicable to the use of the order                       The Exchange is also proposing to
                                                    September 10, 2015.                                     execution and routing services of the                 increase the non-displayed order credit
                                                       Pursuant to Section 19(b)(1) of the                  NASDAQ OMX PSX System (‘‘PSX’’) by                    for non-displayed orders from $0.0020
                                                    Securities Exchange Act of 1934                         member organizations for all securities               to $0.0023 per share executed for all
                                                    (‘‘Act,’’) 1 and Rule 19b–4 2 thereunder,               traded at $1 or more per share.                       orders with midpoint pegging that
                                                    notice is hereby given that, on                            The Exchange proposes to slightly                  provide liquidity, but simultaneously
                                                    September 1, 2015, NASDAQ OMX                           decrease the charge to a member                       decrease the credit from $0.0005 to
                                                    PHLX LLC (‘‘Phlx’’ or ‘‘Exchange’’) filed               organization entering an order that                   $0.0000 per share executed for other
                                                                                                            executes in PSX from $0.0027 to
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                                                    with the Securities and Exchange                                                                              non-displayed orders that provide
                                                    Commission (‘‘Commission’’) the                         $0.0026 per share executed in securities              liquidity. The Exchange believes the
                                                    proposed rule change as described in                    on exchanges other than Nasdaq and                    proposed change to increase the credit
                                                    Items I, II, and III, below, which Items                NYSE.                                                 for all non-displayed orders with
                                                    have been prepared by the Exchange.                        Phlx also proposes to increase the                 midpoint pegging that provide liquidity
                                                                                                            credit for non-displayed orders from                  is reasonable because it provides
                                                      15 17 CFR 200.30–3(a)(12).                            $0.0020 to $0.0023 per share executed
                                                      1 15 U.S.C. 78s(b)(1).                                for all orders with midpoint pegging                    3 15   U.S.C. 78f.
                                                      2 17 CFR 240.19b–4.                                   that provide liquidity, but                             4 15   U.S.C. 78f(b)(4) and (5).



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Document Created: 2018-02-26 10:16:52
Document Modified: 2018-02-26 10:16:52
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 55665 

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