81_FR_15413 81 FR 15358 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Transaction Fees at Rule 7018(a)

81 FR 15358 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Transaction Fees at Rule 7018(a)

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 55 (March 22, 2016)

Page Range15358-15360
FR Document2016-06338

Federal Register, Volume 81 Issue 55 (Tuesday, March 22, 2016)
[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)]
[Notices]
[Pages 15358-15360]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06338]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77378; File No. SR-NASDAQ-2016-037]


Self-Regulatory Organizations; The NASDAQ Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Amend Transaction Fees at Rule 7018(a)

March 16, 2016.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on March 7, 2016, The NASDAQ Stock Market LLC (``Nasdaq'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``SEC'' or ``Commission'') the proposed rule change as described in 
Items I, II, and III, below, which Items have been prepared by the 
Exchange. The Commission is publishing this notice to solicit comments 
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the Exchange's transaction fees at 
Rules 7018(a)(2) and (3) to provide a new credit to members for 
displayed quotes/orders (other than Supplemental Orders or Designated 
Retail Orders) that provide liquidity in Tape A and B securities.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaq.cchwallstreet.com, at the principal office of 
the Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects 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 the proposed rule change is to amend Rule 7018(a)(2) 
and (3), concerning the fees and credits provided for the use of the 
order execution and routing services of the Nasdaq Market Center by 
members for all securities priced at $1 or more that it trades. The 
Exchange is proposing to provide a new credit to members for displayed 
quotes/orders (other than Supplemental Orders or Designated Retail 
Orders) that provide liquidity in

[[Page 15359]]

Tape \3\ A and B securities in addition to other credits provided under 
Rules 7018(a)(2) and (3) for displayed quotes/orders (other than 
Supplemental Orders or Designated Retail Orders).
---------------------------------------------------------------------------

    \3\ There are three categories, or ``Tapes'' of securities, 
which are based on listing venue. Tape A securities are those that 
are listed on NYSE, Tape B securities are those that are listed on 
exchanges other than Nasdaq or NYSE, and Tape C securities are those 
that are listed on the Exchange.
---------------------------------------------------------------------------

    Currently under Rules 7018(a)(2) and (3), the Exchange provides 
credits ranging from $0.0020 per share executed to $0.00305 per share 
executed to members for displayed quotes/orders (other than 
Supplemental Orders or Designated Retail Orders) if they qualify by 
meeting the requirements of the various credit tiers under the rules.
    The Exchange is proposing to provide a new $0.0001 per share 
executed credit that would be provided to members for displayed quotes/
orders (other than Supplemental Orders or Designated Retail Orders) in 
Tape A and B securities if they have shares of liquidity provided in 
all securities during the month representing at least 0.2% of 
Consolidated Volume \4\ during the month, through one or more of its 
Nasdaq Market Center MPIDs.
---------------------------------------------------------------------------

    \4\ Consolidated Volume is the total consolidated volume 
reported to all consolidated transaction reporting plans by all 
exchanges and trade reporting facilities during a month in equity 
securities, excluding executed orders with a size of less than one 
round lot. For purposes of calculating Consolidated Volume and the 
extent of a member's trading activity, expressed as a percentage of 
or ratio to Consolidated Volume, the date of the annual 
reconstitution of the Russell Investments Indexes shall be excluded 
from both total Consolidated Volume and the member's trading 
activity. See Rule 7018(a).
---------------------------------------------------------------------------

    As noted, this rebate will be provided in addition to other 
displayed liquidity credits that a member qualifies for under Rules 
7018(a)(2) and (3), and will also be provided in addition to any 
rebates that a member qualifies for under the ISP, NBBO, and QMM 
programs under Rule 7014. The proposed rebate, however, will not be 
additive to LMM rebates under Rule 7014 or Designated Retail Order 
credits under Rule 7018.
    The Exchange is implementing the proposed credit on March 7, 2016, 
at which time any member that qualifies will begin to receive the 
credit. The measurement period for the Consolidated Volume required to 
qualify for the new credit will initially be calculated based on such 
volume provided from March 7, 2016 through March 31, 2016, and then 
monthly thereafter. For example, a member with shares of liquidity 
provided in all securities through one or more of its Nasdaq Market 
Center MPIDs that represent more than 0.10% of Consolidated Volume 
during the month would qualify for a $0.0025 per share executed credit 
under Rule 7018(a). If the member provides 0.21% of Consolidated Volume 
from March 7, 2016 through March 31, 2016 it would qualify for the new 
$0.0001 additional per share executed credit. The member's credit for 
displayed quotes/orders (other than Supplemental Orders or Designated 
Retail Orders) in Tape A and B securities from March 1, 2016 through 
March 4, 2016 would be $0.0025 per share executed, and from March 7, 
2016 through March 31, 2016 would be $0.0026 per share executed 
($0.0025 credit + $0.0001 credit). If a member did not provide 0.2% of 
Consolidated Volume from March 7, 2016 through March 31, 2016 the 
member would not qualify for the additional $0.0001 credit. This is 
true regardless of the percent of Consolidated Volume provided for the 
whole month of March.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with section 
6(b) of the Act \5\ in general, and furthers the objectives of sections 
6(b)(4) and 6(b)(5) of the Act \6\ in particular, in that it provides 
for the equitable allocation of reasonable dues, fees and other charges 
among members and issuers and other persons using any facility or 
system which the Exchange operates or controls, and is not designed to 
permit unfair discrimination between customers, issuers, brokers, or 
dealers.
---------------------------------------------------------------------------

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

    The Exchange believes that the proposed new credit is reasonable 
because it may provide incentive to members to increase the level of 
liquidity provided to the Exchange, which will in turn benefit all 
market participants. Providing credits for displayed quotes/orders 
(other than Supplemental Orders or Designated Retail Orders) rewards 
members for improving the market through displayed liquidity. As such, 
the Exchange believes that providing an additional credit for such 
liquidity is reasonable.
    The Exchange also believes that it is reasonable to limit the 
credit to only quotes/orders in Tape A and B securities because the 
Exchange has observed a decline in overall volume on the Exchange in 
Tape A and B securities in comparison to Tape C securities, and is thus 
providing incentive to members to provide displayed liquidity in Tape A 
and B securities.
    Further, the Exchange has limited funds with which to apply in the 
form of incentives, and thus must deploy those limited funds to 
incentives that it believes will be the most effective and improve 
market quality in areas that the Exchange determines are in need of 
improvement. The Exchange believes that the proposed increased credit 
is an equitable allocation and is not unfairly discriminatory because 
the Exchange will provide the credit to all members that qualify for it 
under the rule.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. In terms of inter-market 
competition, the Exchange notes that it operates in a highly 
competitive market in which market participants can readily favor 
competing venues if they deem fee levels at a particular venue to be 
excessive, or rebate opportunities available at other venues to be more 
favorable. In such an environment, the Exchange must continually adjust 
its fees to remain competitive with other exchanges and with 
alternative trading systems that have been exempted from compliance 
with the statutory standards applicable to exchanges. Because 
competitors are free to modify their own fees in response, and because 
market participants may readily adjust their order routing practices, 
the Exchange believes that the degree to which fee changes in this 
market may impose any burden on competition is extremely limited.
    In this instance, the proposed new credit for displayed liquidity 
in Tape A and B securities is reflective of robust competition among 
exchanges and other trading venues and does not place any burden on 
competition whatsoever. The credit is designed to provide additional 
incentive to members to enter displayed quotes and orders in Tape A and 
B securities traded on the Exchange, which are most in need of 
improvement. To the extent the incentive is successful; it will benefit 
all market participants trading in such securities on the Exchange.
    Last, although the Exchange does not believe the proposed changes 
will be unattractive to market participants, if the changes were 
unattractive then it is likely that the Exchange would lose market 
share as a result. Accordingly, the Exchange does not believe that the 
proposed changes will impair the ability of members or competing order 
execution venues to maintain their competitive standing in the 
financial markets.

[[Page 15360]]

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

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective pursuant to section 
19(b)(3)(A)(ii) of the Act.\7\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NASDAQ-2016-037 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-NASDAQ-2016-037. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal offices of the Exchange. 
All comments received will be posted without change; the Commission 
does not edit personal identifying information from submissions. You 
should submit only information that you wish to make available 
publicly. All submissions should refer to File Number SR-NASDAQ-2016-
037, and should be submitted on or before April 12, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
 [FR Doc. 2016-06338 Filed 3-21-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                    15358                          Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices

                                                    registration under the U.S. securities                     These burden hour estimates are                    (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    laws, and also to disclose prominently                  based upon the Commission staff’s                     notice is hereby given that on March 7,
                                                    that the fund that issued the securities                experience and discussions with the                   2016, The NASDAQ Stock Market LLC
                                                    is not registered with the Commission.                  fund industry. The estimates of average               (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the
                                                    The burden under the rule associated                    burden hours are made solely for the                  Securities and Exchange Commission
                                                    with adding this disclosure to written                  purposes of the Paperwork Reduction                   (‘‘SEC’’ or ‘‘Commission’’) the proposed
                                                    offering documents is minimal and is                    Act. These estimates are not derived                  rule change as described in Items I, II,
                                                    non-recurring. The foreign issuer,                      from a comprehensive or even a                        and III, below, which Items have been
                                                    underwriter, or broker-dealer can redraft               representative survey or study of the                 prepared by the Exchange. The
                                                    an existing prospectus or other written                 costs of Commission rules.                            Commission is publishing this notice to
                                                    offering material to add this disclosure                   Compliance with the collection of                  solicit comments on the proposed rule
                                                    statement, or may draft a sticker or                    information requirements of the rule is               change from interested persons.
                                                    supplement containing this disclosure                   mandatory and is necessary to comply                  I. Self-Regulatory Organization’s
                                                    to be added to existing offering                        with the requirements of the rule in                  Statement of the Terms of the Substance
                                                    materials. In either case, based on                     general. An agency may not conduct or                 of the Proposed Rule Change
                                                    discussions with representatives of the                 sponsor, and a person is not required to
                                                    Canadian fund industry, the staff                       respond to a collection of information                   The Exchange proposes to amend the
                                                    estimates that it would take an average                 unless it displays a currently valid                  Exchange’s transaction fees at Rules
                                                    of 10 minutes per document to draft the                 control number.                                       7018(a)(2) and (3) to provide a new
                                                    requisite disclosure statement.                                                                               credit to members for displayed quotes/
                                                                                                               Written comments are invited on: (a)
                                                                                                                                                                  orders (other than Supplemental Orders
                                                       The staff estimates that there are 3,164             Whether the collection of information is
                                                                                                                                                                  or Designated Retail Orders) that
                                                    publicly offered Canadian funds that                    necessary for the proper performance of
                                                                                                                                                                  provide liquidity in Tape A and B
                                                    potentially would rely on the rule to                   the functions of the Commission,
                                                                                                                                                                  securities.
                                                    offer securities to participants and sell               including whether the information has
                                                                                                                                                                     The text of the proposed rule change
                                                    securities to their Canadian retirement                 practical utility; (b) the accuracy of the
                                                                                                                                                                  is available on the Exchange’s Web site
                                                    accounts without registering under the                  Commission’s estimate of the burdens of
                                                                                                                                                                  at http://nasdaq.cchwallstreet.com, at
                                                    Investment Company Act.5 The staff                      the collection of information; (c) ways to
                                                                                                                                                                  the principal office of the Exchange, and
                                                    estimates that all of these funds have                  enhance the quality, utility, and clarity
                                                                                                                                                                  at the Commission’s Public Reference
                                                    previously relied upon the rule and                     of the information collected; and (d)
                                                                                                                                                                  Room.
                                                    have already made the one-time change                   ways to minimize the burdens of the
                                                    to their offering documents required to                 collection of information on                          II. Self-Regulatory Organization’s
                                                    rely on the rule. The staff estimates that              respondents, including through the use                Statement of the Purpose of, and
                                                    158 (5 percent) additional Canadian                     of automated collection techniques or                 Statutory Basis for, the Proposed Rule
                                                    funds would newly rely on the rule each                 other forms of information technology.                Change
                                                    year to offer securities to Canadian-U.S.               Consideration will be given to                          In its filing with the Commission, the
                                                    Participants and sell securities to their               comments and suggestions submitted in                 Exchange included statements
                                                    Canadian retirement accounts, thus                      writing within 60 days of this                        concerning the purpose of and basis for
                                                    incurring the paperwork burden                          publication.                                          the proposed rule change and discussed
                                                    required under the rule. The staff                         Please direct your written comments                any comments it received on the
                                                    estimates that each of those funds, on                  to Pamela Dyson, Chief Information                    proposed rule change. The text of these
                                                    average, distributes 3 different written                Officer, Securities and Exchange                      statements may be examined at the
                                                    offering documents concerning those                     Commission, C/O Remi Pavlik-Simon,                    places specified in Item IV below. The
                                                    securities, for a total of 474 offering                 100 F St. NE., Washington, DC 20549; or               Exchange has prepared summaries, set
                                                    documents. The staff therefore estimates                send an email to: PRA_Mailbox@                        forth in sections A, B, and C below, of
                                                    that 158 respondents would make 474                     sec.gov.                                              the most significant aspects of such
                                                    responses by adding the new disclosure                                                                        statements.
                                                                                                              Dated: March 17, 2016.
                                                    statement to 474 written offering
                                                    documents. The staff therefore estimates                Robert W. Errett,                                     A. Self-Regulatory Organization’s
                                                    that the annual burden associated with                  Deputy Secretary.                                     Statement of the Purpose of, and
                                                    the rule 7d–2 disclosure requirement                    [FR Doc. 2016–06412 Filed 3–21–16; 8:45 am]           Statutory Basis for, the Proposed Rule
                                                    would be 79 hours (474 offering                         BILLING CODE 8011–01–P                                Change
                                                    documents × 10 minutes per document).                                                                         1. Purpose
                                                    The total annual cost of these burden
                                                    hours is estimated to be $30,020 (79                    SECURITIES AND EXCHANGE                                  The purpose of the proposed rule
                                                    hours × $380 per hour of attorney                       COMMISSION                                            change is to amend Rule 7018(a)(2) and
                                                    time).6                                                                                                       (3), concerning the fees and credits
                                                                                                            [Release No. 34–77378; File No. SR–                   provided for the use of the order
                                                      5 Investment   Company Institute, 2015 Investment     NASDAQ–2016–037]                                      execution and routing services of the
                                                    Company Fact Book (2015) at 238, tbl. 66.                                                                     Nasdaq Market Center by members for
                                                                                                            Self-Regulatory Organizations; The                    all securities priced at $1 or more that
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                      6 The Commission’s estimate concerning the wage

                                                    rate for attorney time is based on salary information   NASDAQ Stock Market LLC; Notice of                    it trades. The Exchange is proposing to
                                                    for the securities industry compiled by the             Filing and Immediate Effectiveness of
                                                    Securities Industry and Financial Markets
                                                                                                                                                                  provide a new credit to members for
                                                    Association (‘‘SIFMA’’). The $380 per hour figure       Proposed Rule Change To Amend                         displayed quotes/orders (other than
                                                    for an attorney is from SIFMA’s Management &            Transaction Fees at Rule 7018(a)                      Supplemental Orders or Designated
                                                    Professional Earnings in the Securities Industry                                                              Retail Orders) that provide liquidity in
                                                    2013, modified by Commission staff to account for       March 16, 2016.
                                                    an 1800-hour work-year and multiplied by 5.35 to
                                                    account for bonuses, firm size, employee benefits,
                                                                                                              Pursuant to section 19(b)(1) of the                   1 15   U.S.C. 78s(b)(1).
                                                    and overhead.                                           Securities Exchange Act of 1934                         2 17   CFR 240.19b–4.



                                               VerDate Sep<11>2014   17:34 Mar 21, 2016   Jkt 238001   PO 00000   Frm 00139   Fmt 4703   Sfmt 4703   E:\FR\FM\22MRN1.SGM     22MRN1


                                                                                  Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices                                              15359

                                                    Tape 3 A and B securities in addition to                represent more than 0.10% of                            of incentives, and thus must deploy
                                                    other credits provided under Rules                      Consolidated Volume during the month                    those limited funds to incentives that it
                                                    7018(a)(2) and (3) for displayed quotes/                would qualify for a $0.0025 per share                   believes will be the most effective and
                                                    orders (other than Supplemental Orders                  executed credit under Rule 7018(a). If                  improve market quality in areas that the
                                                    or Designated Retail Orders).                           the member provides 0.21% of                            Exchange determines are in need of
                                                      Currently under Rules 7018(a)(2) and                  Consolidated Volume from March 7,                       improvement. The Exchange believes
                                                    (3), the Exchange provides credits                      2016 through March 31, 2016 it would                    that the proposed increased credit is an
                                                    ranging from $0.0020 per share executed                 qualify for the new $0.0001 additional                  equitable allocation and is not unfairly
                                                    to $0.00305 per share executed to                       per share executed credit. The member’s                 discriminatory because the Exchange
                                                    members for displayed quotes/orders                     credit for displayed quotes/orders (other               will provide the credit to all members
                                                    (other than Supplemental Orders or                      than Supplemental Orders or                             that qualify for it under the rule.
                                                    Designated Retail Orders) if they qualify               Designated Retail Orders) in Tape A and
                                                                                                                                                                    B. Self-Regulatory Organization’s
                                                    by meeting the requirements of the                      B securities from March 1, 2016 through
                                                                                                                                                                    Statement on Burden on Competition
                                                    various credit tiers under the rules.                   March 4, 2016 would be $0.0025 per
                                                      The Exchange is proposing to provide                  share executed, and from March 7, 2016                     The Exchange does not believe that
                                                    a new $0.0001 per share executed credit                 through March 31, 2016 would be                         the proposed rule change will impose
                                                    that would be provided to members for                   $0.0026 per share executed ($0.0025                     any burden on competition not
                                                    displayed quotes/orders (other than                     credit + $0.0001 credit). If a member did               necessary or appropriate in furtherance
                                                    Supplemental Orders or Designated                       not provide 0.2% of Consolidated                        of the purposes of the Act. In terms of
                                                    Retail Orders) in Tape A and B                          Volume from March 7, 2016 through                       inter-market competition, the Exchange
                                                    securities if they have shares of liquidity             March 31, 2016 the member would not                     notes that it operates in a highly
                                                    provided in all securities during the                   qualify for the additional $0.0001 credit.              competitive market in which market
                                                    month representing at least 0.2% of                     This is true regardless of the percent of               participants can readily favor competing
                                                    Consolidated Volume 4 during the                        Consolidated Volume provided for the                    venues if they deem fee levels at a
                                                    month, through one or more of its                       whole month of March.                                   particular venue to be excessive, or
                                                    Nasdaq Market Center MPIDs.                                                                                     rebate opportunities available at other
                                                                                                            2. Statutory Basis                                      venues to be more favorable. In such an
                                                      As noted, this rebate will be provided
                                                    in addition to other displayed liquidity                   The Exchange believes that its                       environment, the Exchange must
                                                    credits that a member qualifies for                     proposal is consistent with section 6(b)                continually adjust its fees to remain
                                                    under Rules 7018(a)(2) and (3), and will                of the Act 5 in general, and furthers the               competitive with other exchanges and
                                                    also be provided in addition to any                     objectives of sections 6(b)(4) and 6(b)(5)              with alternative trading systems that
                                                    rebates that a member qualifies for                     of the Act 6 in particular, in that it                  have been exempted from compliance
                                                    under the ISP, NBBO, and QMM                            provides for the equitable allocation of                with the statutory standards applicable
                                                    programs under Rule 7014. The                           reasonable dues, fees and other charges                 to exchanges. Because competitors are
                                                    proposed rebate, however, will not be                   among members and issuers and other                     free to modify their own fees in
                                                    additive to LMM rebates under Rule                      persons using any facility or system                    response, and because market
                                                    7014 or Designated Retail Order credits                 which the Exchange operates or                          participants may readily adjust their
                                                    under Rule 7018.                                        controls, and is not designed to permit                 order routing practices, the Exchange
                                                      The Exchange is implementing the                      unfair discrimination between                           believes that the degree to which fee
                                                    proposed credit on March 7, 2016, at                    customers, issuers, brokers, or dealers.                changes in this market may impose any
                                                    which time any member that qualifies                       The Exchange believes that the                       burden on competition is extremely
                                                    will begin to receive the credit. The                   proposed new credit is reasonable                       limited.
                                                    measurement period for the                              because it may provide incentive to                        In this instance, the proposed new
                                                    Consolidated Volume required to                         members to increase the level of                        credit for displayed liquidity in Tape A
                                                    qualify for the new credit will initially               liquidity provided to the Exchange,                     and B securities is reflective of robust
                                                    be calculated based on such volume                      which will in turn benefit all market                   competition among exchanges and other
                                                                                                            participants. Providing credits for                     trading venues and does not place any
                                                    provided from March 7, 2016 through
                                                                                                            displayed quotes/orders (other than                     burden on competition whatsoever. The
                                                    March 31, 2016, and then monthly
                                                                                                            Supplemental Orders or Designated                       credit is designed to provide additional
                                                    thereafter. For example, a member with
                                                                                                            Retail Orders) rewards members for                      incentive to members to enter displayed
                                                    shares of liquidity provided in all
                                                                                                            improving the market through displayed                  quotes and orders in Tape A and B
                                                    securities through one or more of its
                                                                                                            liquidity. As such, the Exchange                        securities traded on the Exchange,
                                                    Nasdaq Market Center MPIDs that
                                                                                                            believes that providing an additional                   which are most in need of improvement.
                                                       3 There are three categories, or ‘‘Tapes’’ of        credit for such liquidity is reasonable.                To the extent the incentive is successful;
                                                    securities, which are based on listing venue. Tape         The Exchange also believes that it is                it will benefit all market participants
                                                    A securities are those that are listed on NYSE, Tape    reasonable to limit the credit to only                  trading in such securities on the
                                                    B securities are those that are listed on exchanges     quotes/orders in Tape A and B                           Exchange.
                                                    other than Nasdaq or NYSE, and Tape C securities                                                                   Last, although the Exchange does not
                                                    are those that are listed on the Exchange.              securities because the Exchange has
                                                       4 Consolidated Volume is the total consolidated      observed a decline in overall volume on                 believe the proposed changes will be
                                                    volume reported to all consolidated transaction         the Exchange in Tape A and B securities                 unattractive to market participants, if
                                                                                                                                                                    the changes were unattractive then it is
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    reporting plans by all exchanges and trade reporting    in comparison to Tape C securities, and
                                                    facilities during a month in equity securities,                                                                 likely that the Exchange would lose
                                                    excluding executed orders with a size of less than
                                                                                                            is thus providing incentive to members
                                                    one round lot. For purposes of calculating              to provide displayed liquidity in Tape A                market share as a result. Accordingly,
                                                    Consolidated Volume and the extent of a member’s        and B securities.                                       the Exchange does not believe that the
                                                    trading activity, expressed as a percentage of or          Further, the Exchange has limited                    proposed changes will impair the ability
                                                    ratio to Consolidated Volume, the date of the                                                                   of members or competing order
                                                    annual reconstitution of the Russell Investments
                                                                                                            funds with which to apply in the form
                                                    Indexes shall be excluded from both total
                                                                                                                                                                    execution venues to maintain their
                                                    Consolidated Volume and the member’s trading              5 15   U.S.C. 78f(b).                                 competitive standing in the financial
                                                    activity. See Rule 7018(a).                               6 15   U.S.C. 78f(b)(4) and (5).                      markets.


                                               VerDate Sep<11>2014   17:34 Mar 21, 2016   Jkt 238001   PO 00000   Frm 00140     Fmt 4703   Sfmt 4703   E:\FR\FM\22MRN1.SGM   22MRN1


                                                    15360                               Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices

                                                    C. Self-Regulatory Organization’s                          Commission and any person, other than                    Opinion; and
                                                    Statement on Comments on the                               those that may be withheld from the                      Other matters relating to enforcement
                                                    Proposed Rule Change Received From                         public in accordance with the                              proceedings.
                                                    Members, Participants, or Others                           provisions of 5 U.S.C. 552, will be                        At times, changes in Commission
                                                      No written comments were either                          available for Web site viewing and                       priorities require alterations in the
                                                    solicited or received.                                     printing in the Commission’s Public                      scheduling of meeting items.
                                                                                                               Reference Room, 100 F Street NE.,                          For further information and to
                                                    III. Date of Effectiveness of the                          Washington, DC 20549 on official                         ascertain what, if any, matters have been
                                                    Proposed Rule Change and Timing for                        business days between the hours of                       added, deleted or postponed, please
                                                    Commission Action                                          10:00 a.m. and 3:00 p.m. Copies of such                  contact the Office of the Secretary at
                                                       The foregoing rule change has become                    filing also will be available for                        (202) 551–5400.
                                                    effective pursuant to section                              inspection and copying at the principal                    Dated: March 17, 2016.
                                                    19(b)(3)(A)(ii) of the Act.7                               offices of the Exchange. All comments
                                                                                                                                                                        Brent J. Fields,
                                                       At any time within 60 days of the                       received will be posted without change;
                                                    filing of the proposed rule change, the                                                                             Secretary.
                                                                                                               the Commission does not edit personal
                                                    Commission summarily may                                   identifying information from                             [FR Doc. 2016–06516 Filed 3–18–16; 11:15 am]
                                                    temporarily suspend such rule change if                    submissions. You should submit only                      BILLING CODE 8011–01–P
                                                    it appears to the Commission that such                     information that you wish to make
                                                    action is: (i) Necessary or appropriate in                 available publicly. All submissions
                                                    the public interest; (ii) for the protection               should refer to File Number SR–                          SECURITIES AND EXCHANGE
                                                    of investors; or (iii) otherwise in                        NASDAQ–2016–037, and should be                           COMMISSION
                                                    furtherance of the purposes of the Act.                    submitted on or before April 12, 2016.                   [Release No. IC–32030; File No. 812–14586]
                                                    If the Commission takes such action, the                     For the Commission, by the Division of
                                                    Commission shall institute proceedings                     Trading and Markets, pursuant to delegated               Principal Life Insurance Company, et
                                                    to determine whether the proposed rule                     authority.8                                              al., Notice of Application
                                                    should be approved or disapproved.                         Robert W. Errett,                                        March 17, 2016.
                                                    IV. Solicitation of Comments                               Deputy Secretary.                                        AGENCY:   Securities and Exchange
                                                      Interested persons are invited to                        [FR Doc. 2016–06338 Filed 3–21–16; 8:45 am]              Commission (‘‘Commission’’).
                                                    submit written data, views, and                            BILLING CODE 8011–01–P                                   ACTION: Notice of application for an
                                                    arguments concerning the foregoing,                                                                                 order approving the substitution of
                                                    including whether the proposed rule                                                                                 certain securities pursuant to Section
                                                    change is consistent with the Act.                         SECURITIES AND EXCHANGE                                  26(c) of the Investment Company Act of
                                                    Comments may be submitted by any of                        COMMISSION                                               1940 (the ‘‘Act’’).
                                                    the following methods:
                                                                                                               Sunshine Act Meeting                                        Applicants: Principal Life Insurance
                                                    Electronic Comments                                                                                                 Company (‘‘PLIC’’), Principal National
                                                                                                                 Notice is hereby given, pursuant to
                                                      • Use the Commission’s Internet                          the provisions of the Government in the                  Life Insurance Company (‘‘PNL’’) (PLIC
                                                    comment form (http://www.sec.gov/                          Sunshine Act, Public Law 94–409, that                    and PNL are each an ‘‘Insurance
                                                    rules/sro.shtml); or                                       the Securities and Exchange                              Company’’ and together, the ‘‘Insurance
                                                      • Send an email to rule-                                 Commission will hold a Closed Meeting                    Companies’’), Principal Life Insurance
                                                    comments@sec.gov. Please include File                      on Thursday, March 24, 2016 at 2:00                      Company Variable Life Separate
                                                    Number SR–NASDAQ–2016–037 on the                           p.m.                                                     Account (‘‘PLIC Variable Life Separate
                                                    subject line.                                                Commissioners, Counsel to the                          Account’’), and Principal National Life
                                                                                                               Commissioners, the Secretary to the                      Insurance Company Variable Life
                                                    Paper Comments
                                                                                                               Commission, and recording secretaries                    Separate Account (‘‘PNL Variable Life
                                                       • Send paper comments in triplicate                     will attend the Closed Meeting. Certain                  Separate Account’’) (PLIC Variable Life
                                                    to Secretary, Securities and Exchange                      staff members who have an interest in                    Separate Account and PNL Variable Life
                                                    Commission, 100 F Street NE.,                              the matters also may be present.                         Separate Account are each a ‘‘Separate
                                                    Washington, DC 20549–1090.                                   The General Counsel of the                             Account’’ and together, the ‘‘Separate
                                                    All submissions should refer to File                       Commission, or her designee, has                         Accounts’’).
                                                    Number SR–NASDAQ–2016–037. This                            certified that, in her opinion, one or                      Summary of Application: Applicants
                                                    file number should be included on the                      more of the exemptions set forth in 5                    seek an order pursuant to Section 26(c)
                                                    subject line if email is used. To help the                 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)               of the Act approving the substitution of
                                                    Commission process and review your                         and 17 CFR 200.402(a)(3), (5), (7), 9(ii)                shares of Fidelity Variable Insurance
                                                    comments more efficiently, please use                      and (10), permit consideration of the                    Products Fund V Government Money
                                                    only one method. The Commission will                       scheduled matter at the Closed Meeting.                  Market Portfolio (the ‘‘Replacement
                                                    post all comments on the Commission’s                        Chair White, as duty officer, voted to                 Fund’’) for shares of Principal Variable
                                                    Internet Web site (http://www.sec.gov/                     consider the items listed for the Closed                 Contracts Funds, Inc. Money Market
                                                    rules/sro.shtml). Copies of the                            Meeting in closed session.                               Account (the ‘‘Existing Fund’’) held by
                                                    submission, all subsequent                                                                                          the Separate Accounts to support
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                 The subject matter of the Closed
                                                    amendments, all written statements                         Meeting will be:                                         variable life insurance contracts (each, a
                                                    with respect to the proposed rule                          Institution and settlement of injunctive                 ‘‘Contract’’ and collectively, the
                                                    change that are filed with the                               actions;                                               ‘‘Contracts’’) issued by the Insurance
                                                    Commission, and all written                                Institution and settlement of                            Companies.
                                                    communications relating to the                               administrative proceedings;                               Filing Dates: The application was
                                                    proposed rule change between the                           Post Argument Discussion;                                filed on December 9, 2015, and
                                                                                                                                                                        amended on February 29, 2016, March
                                                      7 15   U.S.C. 78s(b)(3)(A)(ii).                            8 17   CFR 200.30–3(a)(12).                            8, 2016, and March 14, 2016.


                                               VerDate Sep<11>2014      17:34 Mar 21, 2016   Jkt 238001   PO 00000   Frm 00141    Fmt 4703     Sfmt 4703   E:\FR\FM\22MRN1.SGM   22MRN1



Document Created: 2018-02-02 15:15:48
Document Modified: 2018-02-02 15:15:48
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 Citation81 FR 15358 

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