81_FR_2274 81 FR 2264 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Adopt a Trading License Fee for Calendar Year 2016, Effective January 4, 2016

81 FR 2264 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Adopt a Trading License Fee for Calendar Year 2016, Effective January 4, 2016

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 10 (January 15, 2016)

Page Range2264-2266
FR Document2016-00642

Federal Register, Volume 81 Issue 10 (Friday, January 15, 2016)
[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)]
[Notices]
[Pages 2264-2266]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00642]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76865; File No. SR-NYSE-2016-06]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Adopt a Trading License Fee for Calendar Year 2016, Effective January 
4, 2016

January 11, 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 January 4, 2016, New York Stock Exchange LLC (``NYSE'' or the 
``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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 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 adopt a trading license fee for calendar 
year 2016. The Exchange proposes to make the rule change operative on 
January 4, 2016. 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,

[[Page 2265]]

of the most significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend its Price List to adopt a trading 
license fee for calendar year 2016. The Exchange proposes to make the 
rule change operative on January 4, 2016.
    NYSE Rule 300(b) provides that, in each annual offering, up to 1366 
trading licenses for the following calendar year will be sold annually 
at a price per trading license to be established each year by the 
Exchange pursuant to a rule filing submitted to the Securities and 
Exchange Commission (``Commission'') and that the price per trading 
license will be published each year in the Exchange's price list.
    The Exchange proposes to leave the current trading license fees in 
place for 2016: $50,000 for the first license held by a member 
organization and $15,000 for each additional license held by a member 
organization. Such trading license fees have been in place since March 
1, 2015.\3\ Fees will continue to be prorated for any portion of the 
year that a license may be outstanding. For a trading license that is 
in place for 10 calendar days or less in a calendar month, proration 
for that month will continue to be at a flat rate of $100 per day with 
no tier pricing involved. For a trading license that is in place for 11 
calendar days or more in a calendar month, proration for that month 
will continue to be computed based on the number of days as applied to 
the applicable annual fee for the license.
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    \3\ See Securities Exchange Act Release No. 74407 [sic] (March 
2, 2015), 80 FR 12228 (March 6, 2015) (SR-NYSE-2015-08). The trading 
license fee was initially set at $40,000 in January 2009. See 
Securities Exchange Act Release No. 59140, 73 FR 80488 (December 31, 
2008) (SR-NYSE-2008-130). In June 2011, the fee was changed to 
$40,000 per license for the first two licenses and $25,000 per 
license for any additional trading licenses. See Securities Exchange 
Act Release Nos. 64582 (June 2, 2011), 76 FR 33390 (June 8, 2011) 
(SR-NYSE-2011-23) and 66108 (January 5, 2012), 77 FR 1768 (January 
11, 2012) (SR-NYSE-2011-71).
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    The proposed changes are not otherwise intended to address any 
other problem, and the Exchange is not aware of any significant problem 
that the affected market participants would have in complying with the 
proposed changes.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\4\ in general, and Section 6(b)(4) of the 
Act,\5\ in particular, in that it is designed to provide for the 
equitable allocation of reasonable dues, fees, and other charges among 
its members and other persons using its facilities. The Exchange 
believes that the trading license fee is reasonable because it 
maintains the existing fee schedule, which has been in place since 
March 1, 2015. The Exchange also believes that the proposal to maintain 
the current fee schedule is equitable and not unfairly discriminatory 
because all similarly situated member organizations would continue to 
be subject to the same trading license fee structure and because access 
to the Exchange's market would continue to be offered on fair and non-
discriminatory terms. The Exchange also believes that the proposal to 
maintain the current fee schedule is equitable and not unfairly 
discriminatory because all member organizations would continue to have 
the opportunity to enjoy the benefits of the fee relief with respect to 
additional trading licenses.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that it is subject to significant competitive 
forces, as described below in the Exchange's statement regarding the 
burden on competition.
    For the foregoing reasons, the Exchange believes that the proposal 
is consistent with the Exchange Act.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed rule change 
will keep trading license fees the same as they have been since March 
1, 2015. As a result, the Exchange does not believe that the proposed 
rule change will place an unreasonable burden on current members 
because their trading license fees will remain the same. In addition, 
the Exchange does not believe that the proposed rule change will place 
an unreasonable burden on potential members because a potential 
member's fees will be the same as for a current member and pro-rated 
for licenses held for less than a year.
    Finally, the Exchange notes that it operates in a highly 
competitive market in which market participants can readily favor 
competing venues if they deem fee levels at a particular venue to be 
excessive or rebate opportunities available at other venues to be more 
favorable. In such an environment, the Exchange must continually adjust 
its fees and rebates to remain competitive with other exchanges and 
with alternative trading systems that have been exempted from 
compliance with the statutory standards applicable to exchanges. 
Because competitors are free to modify their own fees and credits in 
response, and because market participants may readily adjust their 
order routing practices, the Exchange believes that the degree to which 
fee changes in this market may impose any burden on competition is 
extremely limited. As a result of all of these considerations, the 
Exchange does not believe that the proposed changes will impair the 
ability of member organizations or competing order execution venues to 
maintain their competitive standing in the financial markets.

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

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

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

    The foregoing rule change is effective upon filing pursuant to 
Section 19(b)(3)(A) \6\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \7\ thereunder, because it establishes a due, fee, or other charge 
imposed by the Exchange.
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(2).
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    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) \8\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \8\ 15 U.S.C. 78s(b)(2)(B).
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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.

[[Page 2266]]

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-NYSE-2016-06 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-NYSE-2016-06. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing 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-NYSE-2016-06, 
and should be submitted on or before February 5, 2016.
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    \9\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-00642 Filed 1-14-16; 8:45 am]
BILLING CODE 8011-01-P



                                                  2264                           Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices

                                                  the risks involved in trading the Shares                Internet Web site (http://www.sec.gov/                   For the Commission, by the Division of
                                                  during the Opening and Late Trading                     rules/sro.shtml). Copies of the                        Trading and Markets, pursuant to delegated
                                                  Sessions when an updated Intraday                       submission, all subsequent                             authority.31
                                                  Indicative Value (‘‘IIV’’) or Index value               amendments, all written statements                     Robert W. Errett,
                                                  will not be calculated or publicly                      with respect to the proposed rule                      Deputy Secretary.
                                                  disseminated; (d) how information                       change that are filed with the                         [FR Doc. 2016–00661 Filed 1–14–16; 8:45 am]
                                                  regarding the IIV and the Disclosed                     Commission, and all written                            BILLING CODE 8011–01–P
                                                  Portfolio will be disseminated; (e) the                 communications relating to the
                                                  requirement that ETP Holders deliver a                  proposed rule change between the
                                                  prospectus to investors purchasing                      Commission and any person, other than                  SECURITIES AND EXCHANGE
                                                  newly issued Shares prior to or                         those that may be withheld from the                    COMMISSION
                                                  concurrently with the confirmation of a                 public in accordance with the
                                                  transaction; and (f) trading                            provisions of 5 U.S.C. 552, will be                    [Release No. 34–76865; File No. SR–NYSE–
                                                  information.25                                          available for Web site viewing and                     2016–06]
                                                     (5) For initial and continued listing,               printing in the Commission’s Public
                                                  the Fund will be in compliance with                     Reference Room, 100 F Street NE.,                      Self-Regulatory Organizations; New
                                                  Rule 10A–3 26 under the Act, as                         Washington, DC 20549, on official                      York Stock Exchange LLC; Notice of
                                                  provided by NYSE Arca Equities Rule                     business days between the hours of                     Filing and Immediate Effectiveness of
                                                  5.3.                                                    10:00 a.m. and 3:00 p.m. Copies of the                 Proposed Rule Change To Adopt a
                                                     (6) A minimum of 100,000 Shares for                  filing also will be available for                      Trading License Fee for Calendar Year
                                                  the Fund will be outstanding at the                     inspection and copying at the principal                2016, Effective January 4, 2016
                                                  commencement of trading on the                          office of the Exchange. All comments                   January 11, 2016.
                                                  Exchange.27                                             received will be posted without change;                   Pursuant to Section 19(b)(1) of the
                                                  This approval order is based on all of                  the Commission does not edit personal                  Securities Exchange Act of 1934
                                                  the Exchange’s representations.                         identifying information from                           (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                     For the foregoing reasons, the                       submissions. You should submit only                    notice is hereby given that on January 4,
                                                  Commission finds that the proposed                      information that you wish to make                      2016, New York Stock Exchange LLC
                                                  rule change, as modified by Amendment                   available publicly. All submissions                    (‘‘NYSE’’ or the ‘‘Exchange’’) filed with
                                                  No. 1, is consistent with Section 6(b)(5)               should refer to File Number SR–                        the Securities and Exchange
                                                  of the Act 28 and the rules and                         NYSEArca–2015–114 and should be                        Commission (‘‘SEC’’ or ‘‘Commission’’)
                                                  regulations thereunder applicable to a                  submitted on or before February 5, 2016.               the proposed rule change as described
                                                  national securities exchange.                                                                                  in Items I, II, and III below, which Items
                                                                                                          V. Accelerated Approval of Proposed
                                                  IV. Solicitation of Comments on                         Rule Change as Modified by                             have been prepared by the Exchange.
                                                  Amendment No. 1                                         Amendment No. 1                                        The Commission is publishing this
                                                    Interested persons are invited to                                                                            notice to solicit comments on the
                                                                                                             The Commission finds good cause to                  proposed rule change from interested
                                                  submit written data, views, and                         approve the proposed rule change, as
                                                  arguments concerning whether                                                                                   persons.
                                                                                                          modified by Amendment No. 1, prior to
                                                  Amendment No. 1 is consistent with the                  the thirtieth day after the date of                    I. Self-Regulatory Organization’s
                                                  Act. Comments may be submitted by                       publication of notice in the Federal                   Statement of the Terms of Substance of
                                                  any of the following methods:                           Register. Amendment No. 1                              the Proposed Rule Change
                                                  Electronic Comments                                     supplements the proposed rule change                      The Exchange proposes to adopt a
                                                                                                          by, among other things, clarifying the                 trading license fee for calendar year
                                                     • Use the Commission’s Internet
                                                                                                          scope of the Fund’s permitted                          2016. The Exchange proposes to make
                                                  comment form (http://www.sec.gov/
                                                                                                          investments and adding additional                      the rule change operative on January 4,
                                                  rules/sro.shtml); or
                                                     • Send an Email to rule-comments@                    information about the availability of                  2016. The proposed rule change is
                                                  sec.gov. Please include File Number SR–                 prices for the Shares and underlying                   available on the Exchange’s Web site at
                                                  NYSEArca–2015–114 on the subject                        assets. This clarifying information aided              www.nyse.com, at the principal office of
                                                  line.                                                   the Commission in evaluating the                       the Exchange, and at the Commission’s
                                                                                                          likelihood of effective arbitrage in the               Public Reference Room.
                                                  Paper Comments                                          Shares. Accordingly, the Commission
                                                                                                          finds good cause, pursuant to Section                  II. Self-Regulatory Organization’s
                                                     • Send paper comments in triplicate                                                                         Statement of the Purpose of, and
                                                  to Brent J. Fields, Secretary, Securities               19(b)(2) of the Act,29 to approve the
                                                                                                          proposed rule change, as modified by                   Statutory Basis for, the Proposed Rule
                                                  and Exchange Commission, 100 F Street                                                                          Change
                                                  NE., Washington, DC 20549–1090.                         Amendment No. 1, on an accelerated
                                                  All submissions should refer to File                    basis.                                                   In its filing with the Commission, the
                                                  Number SR–NYSEArca–2015–114. This                                                                              self-regulatory organization included
                                                                                                          VI. Conclusion
                                                  file number should be included on the                                                                          statements concerning the purpose of,
                                                  subject line if email is used. To help the                It is therefore ordered, pursuant to                 and basis for, the proposed rule change
                                                  Commission process and review your                      Section 19(b)(2) of the Act,30 that the                and discussed any comments it received
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  comments more efficiently, please use                   proposed rule change (SR–NYSEArca–                     on the proposed rule change. The text
                                                  only one method. The Commission will                    2015–114), as modified by Amendment                    of those statements may be examined at
                                                  post all comments on the Commission’s                   No. 1, be, and it hereby is, approved on               the places specified in Item IV below.
                                                                                                          an accelerated basis.                                  The Exchange has prepared summaries,
                                                    25 See id. at 16.                                                                                            set forth in sections A, B, and C below,
                                                    26 17 CFR 240.10A–3.                                    29 15 U.S.C. 78s(b)(2).
                                                    27 See Amendment No. 1, supra note 4, at 15.            30 15 U.S.C. 78s(b)(2).                                1 15   U.S.C. 78s(b)(1).
                                                    28 15 U.S.C. 78f(b)(5).                                 31 17 CFR 200.30–3(a)(12).                             2 17   CFR 240.19b–4.



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                                                                                 Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices                                            2265

                                                  of the most significant parts of such                   Section 6(b) of the Act,4 in general, and              favorable. In such an environment, the
                                                  statements.                                             Section 6(b)(4) of the Act,5 in particular,            Exchange must continually adjust its
                                                                                                          in that it is designed to provide for the              fees and rebates to remain competitive
                                                  A. Self-Regulatory Organization’s
                                                                                                          equitable allocation of reasonable dues,               with other exchanges and with
                                                  Statement of the Purpose of, and the
                                                                                                          fees, and other charges among its                      alternative trading systems that have
                                                  Statutory Basis for, the Proposed Rule                  members and other persons using its                    been exempted from compliance with
                                                  Change                                                  facilities. The Exchange believes that                 the statutory standards applicable to
                                                  1. Purpose                                              the trading license fee is reasonable                  exchanges. Because competitors are free
                                                                                                          because it maintains the existing fee                  to modify their own fees and credits in
                                                     The Exchange proposes to amend its
                                                                                                          schedule, which has been in place since                response, and because market
                                                  Price List to adopt a trading license fee
                                                                                                          March 1, 2015. The Exchange also                       participants may readily adjust their
                                                  for calendar year 2016. The Exchange                    believes that the proposal to maintain                 order routing practices, the Exchange
                                                  proposes to make the rule change                        the current fee schedule is equitable and
                                                  operative on January 4, 2016.                                                                                  believes that the degree to which fee
                                                                                                          not unfairly discriminatory because all                changes in this market may impose any
                                                     NYSE Rule 300(b) provides that, in                   similarly situated member organizations                burden on competition is extremely
                                                  each annual offering, up to 1366 trading                would continue to be subject to the                    limited. As a result of all of these
                                                  licenses for the following calendar year                same trading license fee structure and                 considerations, the Exchange does not
                                                  will be sold annually at a price per                    because access to the Exchange’s market                believe that the proposed changes will
                                                  trading license to be established each                  would continue to be offered on fair and               impair the ability of member
                                                  year by the Exchange pursuant to a rule                 non-discriminatory terms. The                          organizations or competing order
                                                  filing submitted to the Securities and                  Exchange also believes that the proposal               execution venues to maintain their
                                                  Exchange Commission (‘‘Commission’’)                    to maintain the current fee schedule is                competitive standing in the financial
                                                  and that the price per trading license                  equitable and not unfairly                             markets.
                                                  will be published each year in the                      discriminatory because all member
                                                  Exchange’s price list.                                  organizations would continue to have                   C. Self-Regulatory Organization’s
                                                     The Exchange proposes to leave the                   the opportunity to enjoy the benefits of               Statement on Comments on the
                                                  current trading license fees in place for               the fee relief with respect to additional              Proposed Rule Change Received From
                                                  2016: $50,000 for the first license held                trading licenses.                                      Members, Participants, or Others
                                                  by a member organization and $15,000                       The Exchange believes that it is                      No written comments were solicited
                                                  for each additional license held by a                   subject to significant competitive forces,             or received with respect to the proposed
                                                  member organization. Such trading                       as described below in the Exchange’s                   rule change.
                                                  license fees have been in place since                   statement regarding the burden on
                                                  March 1, 2015.3 Fees will continue to be                competition.                                           III. Date of Effectiveness of the
                                                  prorated for any portion of the year that                  For the foregoing reasons, the                      Proposed Rule Change and Timing for
                                                  a license may be outstanding. For a                     Exchange believes that the proposal is                 Commission Action
                                                  trading license that is in place for 10                 consistent with the Exchange Act.
                                                  calendar days or less in a calendar                                                                               The foregoing rule change is effective
                                                  month, proration for that month will                    B. Self-Regulatory Organization’s                      upon filing pursuant to Section
                                                  continue to be at a flat rate of $100 per               Statement on Burden on Competition                     19(b)(3)(A) 6 of the Act and
                                                  day with no tier pricing involved. For a                   The Exchange does not believe that                  subparagraph (f)(2) of Rule 19b–4 7
                                                  trading license that is in place for 11                 the proposed rule change will impose                   thereunder, because it establishes a due,
                                                  calendar days or more in a calendar                     any burden on competition that is not                  fee, or other charge imposed by the
                                                  month, proration for that month will                    necessary or appropriate in furtherance                Exchange.
                                                  continue to be computed based on the                    of the purposes of the Act. The                           At any time within 60 days of the
                                                  number of days as applied to the                        proposed rule change will keep trading                 filing of such proposed rule change, the
                                                  applicable annual fee for the license.                  license fees the same as they have been                Commission summarily may
                                                     The proposed changes are not                         since March 1, 2015. As a result, the                  temporarily suspend such rule change if
                                                  otherwise intended to address any other                 Exchange does not believe that the                     it appears to the Commission that such
                                                  problem, and the Exchange is not aware                  proposed rule change will place an                     action is necessary or appropriate in the
                                                  of any significant problem that the                     unreasonable burden on current                         public interest, for the protection of
                                                  affected market participants would have                 members because their trading license                  investors, or otherwise in furtherance of
                                                  in complying with the proposed                          fees will remain the same. In addition,                the purposes of the Act. If the
                                                  changes.                                                the Exchange does not believe that the                 Commission takes such action, the
                                                                                                          proposed rule change will place an                     Commission shall institute proceedings
                                                  2. Statutory Basis                                      unreasonable burden on potential                       under Section 19(b)(2)(B) 8 of the Act to
                                                    The Exchange believes that the                        members because a potential member’s                   determine whether the proposed rule
                                                  proposed rule change is consistent with                 fees will be the same as for a current                 change should be approved or
                                                                                                          member and pro-rated for licenses held                 disapproved.
                                                     3 See Securities Exchange Act Release No. 74407      for less than a year.                                  IV. Solicitation of Comments
                                                  [sic] (March 2, 2015), 80 FR 12228 (March 6, 2015)         Finally, the Exchange notes that it
                                                  (SR–NYSE–2015–08). The trading license fee was          operates in a highly competitive market                  Interested persons are invited to
                                                  initially set at $40,000 in January 2009. See
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          in which market participants can                       submit written data, views, and
                                                  Securities Exchange Act Release No. 59140, 73 FR
                                                  80488 (December 31, 2008) (SR–NYSE–2008–130).           readily favor competing venues if they                 arguments concerning the foregoing,
                                                  In June 2011, the fee was changed to $40,000 per        deem fee levels at a particular venue to               including whether the proposed rule
                                                  license for the first two licenses and $25,000 per      be excessive or rebate opportunities                   change is consistent with the Act.
                                                  license for any additional trading licenses. See
                                                  Securities Exchange Act Release Nos. 64582 (June
                                                                                                          available at other venues to be more
                                                                                                                                                                   6 15 U.S.C. 78s(b)(3)(A).
                                                  2, 2011), 76 FR 33390 (June 8, 2011) (SR–NYSE–
                                                                                                            4 15 U.S.C. 78f(b).                                    7 17 CFR 240.19b–4(f)(2).
                                                  2011–23) and 66108 (January 5, 2012), 77 FR 1768
                                                  (January 11, 2012) (SR–NYSE–2011–71).                     5 15 U.S.C. 78f(b)(4).                                 8 15 U.S.C. 78s(b)(2)(B).




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                                                  2266                             Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices

                                                  Comments may be submitted by any of                       SECURITIES AND EXCHANGE                                proposed rule change. The text of these
                                                  the following methods:                                    COMMISSION                                             statements may be examined at the
                                                                                                                                                                   places specified in Item IV below. The
                                                  Electronic Comments                                       [Release No. 34–76864; File No. SR–BATS–
                                                                                                                                                                   Exchange has prepared summaries, set
                                                                                                            2015–122]
                                                    • Use the Commission’s Internet                                                                                forth in Sections A, B, and C below, of
                                                  comment form (http://www.sec.gov/                         Self-Regulatory Organizations; BATS                    the most significant parts of such
                                                  rules/sro.shtml); or                                      Exchange, Inc.; Notice of Filing and                   statements.
                                                                                                            Immediate Effectiveness of a Proposed                  (A) Self-Regulatory Organization’s
                                                    • Send an email to rule-comments@                       Rule Change to Rules 27.1, Definitions,
                                                  sec.gov. Please include File Number SR–                                                                          Statement of the Purpose of, and
                                                                                                            and 27.4, Temporary Rule Governing                     Statutory Basis for, the Proposed Rule
                                                  NYSE–2016–06 on the subject line.                         Phase-Out of P and P/A Orders                          Change
                                                  Paper Comments                                            January 11, 2016.                                      1. Purpose
                                                    • Send paper comments in triplicate                        Pursuant to Section 19(b)(1) of the
                                                                                                            Securities Exchange Act of 1934 (the                      The purpose of the proposed rule
                                                  to Secretary, Securities and Exchange                                                                            change is to eliminate existing
                                                                                                            ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  Commission, 100 F Street NE.,                                                                                    references to the Linkage Plan and also
                                                                                                            notice is hereby given that on December
                                                  Washington, DC 20549–1090.                                                                                       replace any references to the Linkage
                                                                                                            28, 2015, BATS Exchange, Inc. (the
                                                  All submissions should refer to File                      ‘‘Exchange’’ or ‘‘BATS’’) filed with the               Plan with references to the Options
                                                  Number SR–NYSE–2016–06. This file                         Securities and Exchange Commission                     Order Protection and Locked/Crossed
                                                  number should be included on the                          (‘‘Commission’’) the proposed rule                     Market Plan (‘‘Plan’’) in order to clarify
                                                  subject line if email is used. To help the                change as described in Items I and II                  the current rules in effect.
                                                  Commission process and review your                        below, which Items have been prepared                     On February 4, 2010, the Exchange
                                                  comments more efficiently, please use                     by the Exchange. The Exchange has                      filed the Plan, joining all other approved
                                                  only one method. The Commission will                      designated this proposal as a ‘‘non-                   options exchanges in adopting the
                                                  post all comments on the Commission’s                     controversial’’ proposed rule change                   Plan.6 The Plan required each options
                                                                                                            pursuant to Section 19(b)(3)(A) of the                 exchange to adopt rules implementing
                                                  Internet Web site (http://www.sec.gov/
                                                                                                            Act 3 and Rule 19b–4(f)(6)(iii)                        various requirements specified in the
                                                  rules/sro.shtml). Copies of the
                                                                                                            thereunder,4 which renders it effective                Plan. The Plan replaced the former
                                                  submission, all subsequent                                upon filing with the Commission. The                   Linkage Plan. The Linkage Plan required
                                                  amendments, all written statements                        Commission is publishing this notice to                Participating Exchanges 7 to operate a
                                                  with respect to the proposed rule                         solicit comments on the proposed rule                  standalone system or ‘‘Linkage’’ for
                                                  change that are filed with the                            change from interested persons.                        sending order-flow between exchanges
                                                  Commission, and all written                                                                                      to limit trade-throughs.8 The Options
                                                  communications relating to the                            I. Self-Regulatory Organization’s
                                                                                                            Statement of the Terms of Substance of                 Clearing Corporation (‘‘OCC’’) operated
                                                  proposed rule change between the                                                                                 the Linkage system (the ‘‘System’’).9 The
                                                  Commission and any person, other than                     the Proposed Rule Change
                                                                                                                                                                   Exchange adopted various rules in
                                                  those that may be withheld from the                          The Exchange filed a proposal to                    connection with the Plan to avoid trade-
                                                  public in accordance with the                             authorize the BATS Options Market                      throughs and locked markets, among
                                                  provisions of 5 U.S.C. 552, will be                       (‘‘BATS Options’’) to delete its rule                  other things.10 The Exchange currently
                                                  available for Web site viewing and                        entitled ‘‘Temporary Rule Governing                    offers private routing directly to away
                                                  printing in the Commission’s Public                       Phase-Out of P and P/A Orders’’ and                    markets.
                                                  Reference Room, 100 F Street NE.,                         amend any references in the rules to the                  The Exchange adopted a temporary
                                                  Washington, DC 20549 on official                          Plan for the Purpose of Creating and                   rule entitled ‘‘Temporary Rule
                                                  business days between the hours of                        Operating an Intermarket Linkage                       Governing Phase-Out of P and P/A
                                                  10:00 a.m. and 3:00 p.m. Copies of the                    (‘‘Linkage Plan’’). 5                                  Orders’’ (‘‘Temporary Rule’’),11 in order
                                                                                                               The text of the proposed rule change
                                                  filing also will be available for                                                                                to facilitate the participation of certain
                                                                                                            is available at the Exchange’s Web site
                                                  inspection and copying at the principal                                                                          Participating Exchanges who may
                                                                                                            at www.batstrading.com, at the
                                                  offices of the Exchange. All comments                                                                            require the use of Principal Acting as
                                                                                                            principal office of the Exchange, and at
                                                  received will be posted without change;                                                                          Agent Orders (‘‘P/A Orders’’) 12 and
                                                                                                            the Commission’s Public Reference
                                                  the Commission does not edit personal                     Room.                                                    6 See Securities Exchange Act Release Nos. 61546
                                                  identifying information from                                                                                     (February 19, 2010), 75 FR 8762 (February 25, 2010)
                                                  submissions. You should submit only                       II. Self-Regulatory Organization’s
                                                                                                                                                                   (Notice of Filing and Immediate Effectiveness of
                                                  information that you wish to make                         Statement of the Purpose of, and                       Amendment to the Options Order Protection and
                                                  available publicly. All submissions                       Statutory Basis for, the Proposed Rule                 Locked/Crossed Markets Plan to Add the BATS
                                                  should refer to File Number SR–NYSE–                      Change                                                 Exchange, Inc. as a Participant).
                                                                                                                                                                     7 The term ‘‘Participating Exchanges’’ refers to all
                                                  2016–06, and should be submitted on or                       In its filing with the Commission, the              options exchanges that had been approved to
                                                  before February 5, 2016.                                  Exchange included statements                           participate in the Linkage Plan.
                                                                                                            concerning the purpose of and basis for                  8 See footnote 6.
                                                    For the Commission, by the Division of                                                                           9 See footnote 6.
                                                  Trading and Markets, pursuant to delegated
                                                                                                            the proposed rule change and discussed
                                                                                                                                                                     10 See footnote 6.
                                                                                                            any comments it received on the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  authority.9                                                                                                        11 See Chapter XXVII, Intermarket Linkage Rules,

                                                  Robert W. Errett,                                           1 15
                                                                                                                                                                   Rule 27.4, ‘‘Temporary Rule Governing Phase-Out
                                                                                                                   U.S.C. 78s(b)(1).                               of P and P/A Orders’’.
                                                  Deputy Secretary.                                           2 17 CFR 240.19b–4.                                    12 A P/A Order is an order for the principal
                                                                                                              3 15 U.S.C. 78s(b)(3)(A).
                                                  [FR Doc. 2016–00642 Filed 1–14–16; 8:45 am]                                                                      account of a Primary Market Maker (or equivalent
                                                                                                              4 17 CFR 240.19b–4(f)(6)(iii).
                                                  BILLING CODE 8011–01–P
                                                                                                                                                                   entity on another Eligible Exchange that is
                                                                                                              5 See Chapter XXVII, Intermarket Linkage Rules,      authorized to represent Public Customer orders),
                                                                                                            Rule 27.4., Temporary Rule Governing Phase-Out of      reflecting the terms of a related unexecuted Public
                                                    9 17   CFR 200.30–3(a)(12).                             P and P/A Orders.                                      Customer order for which the Primary Market



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Document Created: 2018-02-02 12:31:54
Document Modified: 2018-02-02 12:31:54
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 2264 

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