81_FR_39844 81 FR 39727 - Self-Regulatory Organizations; National Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its Fee and Rebate Schedule To Adopt a Market Data Revenue Sharing Program

81 FR 39727 - Self-Regulatory Organizations; National Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its Fee and Rebate Schedule To Adopt a Market Data Revenue Sharing Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 117 (June 17, 2016)

Page Range39727-39729
FR Document2016-14311

Federal Register, Volume 81 Issue 117 (Friday, June 17, 2016)
[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)]
[Notices]
[Pages 39727-39729]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14311]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78048; File No. SR-NSX-2016-03]


Self-Regulatory Organizations; National Stock Exchange, Inc.; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Amend Its Fee and Rebate Schedule To Adopt a Market Data Revenue 
Sharing Program

June 13, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on June 1, 2016, National Stock Exchange, Inc. (``NSX'' or the 
``Exchange'') filed with the Securities and Exchange Commission 
(``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 comment 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 is proposing to amend Exchange Rule 16.1, Fee 
Schedule, to adopt a market data revenue (``MDR'') sharing program, add 
a definition of the term Average Daily Volume (``ADV''), and make 
ministerial changes to the Fee Schedule.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://www.nsx.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 parts of such 
statements.

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

1. Purpose
    The Exchange proposes to amend Rule 16.1, Fee Schedule, with the 
goal of maximizing the effectiveness of its business model and 
continuing to provide Equity Trading Permit (``ETP'') Holders \3\ a 
cost-effective execution venue. The Exchange is proposing to implement 
the MDR sharing program as a part of the Fee Schedule, add a definition 
of ``ADV'' and make ministerial changes to the Fee Schedule.
---------------------------------------------------------------------------

    \3\ Exchange Rule 1.5 defines ``ETP'' as the Equity Trading 
Permit issued by the Exchange for effecting approved securities 
transactions on the Exchange's trading facilities.
---------------------------------------------------------------------------

    The Exchange's proposed MDR sharing program provides for the 
issuance of a credit to ETP Holders for executing trades on the 
Exchange within two defined volume tiers. The credit is equal to a 
specified percentage of the monthly market data revenue received by the 
Exchange that is attributable to such ETP Holder's displayed quoting 
and trading activity in securities priced at $1.00 or greater on the 
Exchange. If, over the course of a calendar month, an ETP Holder 
executes an ADV of greater than or equal to 500,000, but less than 
1,500,000, shares of securities priced $1.00 or greater, then the ETP 
Holder will receive a credit of 25% of the market data revenue that the 
Exchange received that calendar month that was attributable to that ETP 
Holder's executions and displayed quotes in securities priced $1.00 or 
greater. If, over the course of a calendar month, the ETP Holder 
executes an ADV of greater than or equal to 1,500,000 shares of 
securities priced $1.00 or greater, then the ETP Holder will receive a 
credit of 50% of the market data revenue that the Exchange received 
that calendar month that was attributable to that ETP Holder's 
executions and displayed quotes in securities priced $1.00 or greater.
    In connection with the MDR sharing program, the Exchange is further 
proposing to amend the Fee Schedule to add Explanatory Note 4, which 
defines ``ADV'' as the average number of shares per day that an ETP 
Holder has executed on the Exchange in NMS securities priced at $1.00 
or greater when the Exchange is open for trading during the calendar 
month. The Exchange will not count a day as part of the month, for the 
purpose of calculating ADV, if the Exchange is not continuously open 
for trading during Regular Trading Hours \4\ on that day. For example, 
if the Exchange is open for abbreviated hours on a given day (e.g., 
until 1:00 p.m. on the day after the Thanksgiving Day holiday) or if 
the Exchange experiences a technological problem that renders the 
Exchange inoperative for part of the day, that day will not be factored 
in to the total number of days in the month when calculating ADV. If an 
ETP Holder is only eligible to trade on the Exchange for a portion of 
the month, the Exchange will calculate the ADV based on the number of 
days during the calendar month that the ETP Holder was eligible to 
trade. The Exchange notes that, for purposes of the ADV computation, an 
ETP Holder's total trading activity on the Exchange in securities 
priced at $1.00 or greater will be utilized, including executions 
resulting from non-displayed orders. Explanatory Note 4 will clarify 
how the Exchange proposes to calculate ADV for the purposes of the 
market data revenue sharing program, described below.
---------------------------------------------------------------------------

    \4\ NSX Rule 1.5R.(1) defines the term ``Regular Trading Hours'' 
as ``the time between 9:30 a.m. and 4:00 p.m. Eastern Time.''
---------------------------------------------------------------------------

    The Exchange proposes to add Explanatory Note 3 to the Fee Schedule 
to provide further information regarding MDR sharing.\5\ Explanatory 
Note 3 makes explicit that, assuming the minimum ADV thresholds are 
achieved,

[[Page 39728]]

an ETP Holder will receive an MDR credit (in such percentage as is 
specified above) of the MDR attributable to the ETP Holder's executions 
and displayed quotes in securities priced $1.00 or greater. Explanatory 
Note 3 also establishes that to the extent market data revenue from 
Tape ``A'', ``B'' or ``C'' securities transactions is subject to any 
adjustment by the securities information processor (``SIP''), credits 
provided to the ETP Holder in connection with the ETP Holder's quoting 
and trading in the security that is subject to MDR adjustments may be 
adjusted by the Exchange;\6\ however, the Exchange will adjust credits 
to the ETP Holder only if the adjustment would be greater than or equal 
to $250. Amounts less than $250 would be considered de minimis and 
would be an exception, based the Exchange's belief that the monetary 
value of such an adjustment is outweighed by the associated 
administrative burden both to the Exchange and to the recipient ETP 
Holder.\7\ Lastly, Explanatory Note 3 establishes that MDR credits will 
be paid on a quarterly basis.
---------------------------------------------------------------------------

    \5\ The Exchange has previously implemented other iterations of 
market data revenue sharing programs pursuant to filings with the 
Commission and such prior MDR sharing programs shared up to 50% of 
trade and quote market data revenue. See Securities Exchange Act 
Release No. 66958 (May 10, 2012), 77 FR 28909 (May 16, 2012) (SR-
NSX-2012-07); Securities Exchange Act Release No. 61103 (December 3, 
2009), 74 FR 65576 (December 10, 2009) (SR-NSX-2009-07); Securities 
Exchange Act Release No. 58935 (November 13, 2008), 73 FR 69703 
(November 19, 2008) (SR-NSX-2008-19); Securities Exchange Act 
Release No. 56890 (December 4, 2007), 72 FR 70360 (December 11, 
2007) (SR-NSX-2007-13).
    \6\ Pursuant to the revenue allocation rules of Regulation NMS, 
the SIPs continuously calculate market data revenue attributable to 
each exchange on a security by security basis and distribute revenue 
to the exchanges quarterly. Fluctuations from quarter to quarter in 
quoting and trading on the Exchange, on a security by security 
basis, relative to other exchanges affects the results of the SIPs' 
continuous calculations of the MDR distribution for both the current 
quarter and prior quarters in the calendar year. The SIPs may then 
adjust the MDR distributions that the SIPs made to the Exchange for 
prior quarters in the calendar year, and the Exchange will adjust an 
ETP Holder's MDR credit received as appropriate, provided that such 
an adjustment would be in an amount of $250 or greater.
    \7\ The Exchange notes that in the past its Fee Schedule has 
included a similar de minimis exception for applying credits to ETP 
Holders for MDR adjustments in amounts less than $250. See 
Securities Exchange Act Release No. 66958 (May 10, 2012), 77 FR 
28909 (May 16, 2012) (SR-NSX-2012-07).
---------------------------------------------------------------------------

    The Exchange also proposes to make the ministerial change of moving 
Explanatory Notes 1 and 2 from their current position at the end of the 
sections pertaining to transaction fees and rebates, to the end of the 
Fee Schedule where they would be more logically placed.
    Pursuant to Exchange Rule 16.1(c), the Exchange will ``provide ETP 
Holders with notice of all relevant dues, fees, assessments and charges 
of the Exchange'' through the issuance of an Information Circular and 
will post the Fee Schedule and the instant rule filing on the 
Exchange's Web site, www.nsx.com.
 2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6(b) of the Act,\8\ in general and, in 
particular, Section 6(b)(4) of the Act,\9\ which requires that the 
rules of a national securities exchange provide for the equitable 
allocation of reasonable dues, fees, and other charges among its 
members and issuers and other persons using its facilities. The 
proposed rule change is also consistent with Section 6(b)(5) of the 
Act,\10\ which requires, among other things, that the rules of a 
national securities exchange not permit unfair discrimination between 
customers, issuers, brokers, or dealers, and be designed to promote 
just and equitable principles of trade, to remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system.\11\
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ The Exchange notes that in the past it has offered, as a 
part of its Fee Schedule, similar MDR sharing programs. See fn. 5, 
supra.
---------------------------------------------------------------------------

    The Exchange submits that the MDR sharing program is equitable and 
reasonable, as required by Section 6(b)(4) of the Act. The Exchange 
believes that the MDR sharing program's volume thresholds are 
reasonable because they have been set at levels that make the MDR 
sharing program cost effective for both the Exchange and ETP Holders 
and, through the issuance of MDR credits, will incentivize Exchange 
participants to add liquidity to the Exchange. This will result in 
greater price discovery and price improvement for ETP Holders. The 
Exchange's process for adjusting credits based on adjustments made by 
the SIP is also reasonable as it will ensure that the credits received 
by ETP Holders are accurate. Setting a threshold for adjusting credits 
in an amount equal to or greater than $250 is reasonable in that it 
takes into account the administrative costs to the Exchange and ETP 
Holder of processing de minimis adjustments.
    The MDR sharing program is equitable because each ETP Holder will 
be subject to the same tiers and thresholds for the MDR sharing 
program. Additionally, each ETP Holder has the same opportunity to 
enter and execute any amount of non-displayed and displayed liquidity 
on the Exchange in order to receive an MDR credit. Thus, the Fee 
Schedule provides for a streamlined and equitable MDR sharing program 
which, the Exchange believes, will operate to encourage increased 
quoting and trading by ETP Holders on the Exchange.
    The Exchange further submits that the proposed MDR sharing program 
satisfies the requirements of Section 6(b)(5) of the Act in that it 
does not permit unfair discrimination between customers, issuers, 
brokers, or dealers, is designed to promote just and equitable 
principles of trade, to remove impediments to and perfect the mechanism 
of a free and open market and a national market system. Under the 
proposed changes to the Fee Schedule, all ETP Holders executing orders 
on the Exchange will be subject to the same MDR sharing structure, and 
such changes are thereby designed to meet the requirements of the 
Section 6(b)(5) that the rules of the Exchange not permit unfair 
discrimination among ETP Holders and their customers.
    The Exchange submits that the proposal will promote just and 
equitable principles of trade by providing a streamlined MDR sharing 
program that will potentially attract more volume on the Exchange in 
displayed orders in securities priced at $1.00 and above. Incentivizing 
ETP Holders to add displayed liquidity at levels that would result in 
the MDR credit would also operate to lower the cost to those ETP 
Holders of executing trades on the Exchange by allowing them to share 
in the MDR derived from their activity. Moreover, the Exchange believes 
that incentivizing market participants to post and to access the 
liquidity on the NSX Book would inure to the benefit of all market 
participants seeking greater and better execution opportunities. In 
this regard, the proposed Fee Schedule will promote just and equitable 
principles of trade and operate to remove impediments to and perfect 
the mechanism of a free and open market and a national market system 
under Section 6(b)(5).

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 Exchange Act. The proposed rule 
change amends the Fee Schedule, which applies uniformly to all ETP 
Holders accessing the Exchange. Moreover, the proposed MDR credits will 
enhance rather than burden competition by operating to incentivize 
increased liquidity and improve execution quality on the Exchange 
through reasonable and equitably allocated economic incentives.

[[Page 39729]]

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

    The Exchange has neither solicited nor received written comments on 
the proposed rule change.

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

    The proposed rule change has taken effect upon filing pursuant to 
Section 19(b)(3)(A)(ii) of the Act \12\ and subparagraph (f)(2) of Rule 
19b-4.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \13\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    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.

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-NSX-2016-03 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-NSX-2016-03. 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 office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NSX-2016-03 and should be 
submitted on or before July 8, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-14311 Filed 6-16-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                   Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Notices                                                    39727

                                                2016, the common stock of VIICQ was                        at http://www.nsx.com, at the principal                50% of the market data revenue that the
                                                quoted on OTC Link, had eight market                       office of the Exchange, and at the                     Exchange received that calendar month
                                                makers, and was eligible for the                           Commission’s Public Reference Room.                    that was attributable to that ETP
                                                ‘‘piggyback’’ exception of Exchange Act                                                                           Holder’s executions and displayed
                                                                                                           II. Self-Regulatory Organization’s
                                                Rule 15c2–11(f)(3).                                                                                               quotes in securities priced $1.00 or
                                                   The Commission is of the opinion that                   Statement of the Purpose of, and
                                                                                                                                                                  greater.
                                                the public interest and the protection of                  Statutory Basis for, the Proposed Rule                    In connection with the MDR sharing
                                                investors require a suspension of trading                  Change                                                 program, the Exchange is further
                                                in the securities of the above-listed                         In its filing with the Commission, the              proposing to amend the Fee Schedule to
                                                companies. Therefore, it is ordered,                       Exchange included statements                           add Explanatory Note 4, which defines
                                                pursuant to Section 12(k) of the                           concerning the purpose of and basis for                ‘‘ADV’’ as the average number of shares
                                                Securities Exchange Act of 1934, that                      the proposed rule change and discussed                 per day that an ETP Holder has
                                                trading in the securities of the above-                    any comments it received on the                        executed on the Exchange in NMS
                                                listed companies is suspended for the                      proposed rule change. The text of these                securities priced at $1.00 or greater
                                                period from 9:30 a.m. EDT on June 15,                      statements may be examined at the                      when the Exchange is open for trading
                                                2016, through 11:59 p.m. EDT on June                       places specified in Item IV below. The                 during the calendar month. The
                                                28, 2016.                                                  Exchange has prepared summaries, set                   Exchange will not count a day as part
                                                   By the Commission.                                      forth in sections A, B, and C below, of                of the month, for the purpose of
                                                                                                           the most significant parts of such                     calculating ADV, if the Exchange is not
                                                Jill M. Peterson,
                                                                                                           statements.                                            continuously open for trading during
                                                Assistant Secretary.
                                                                                                           A. Self-Regulatory Organization’s                      Regular Trading Hours 4 on that day. For
                                                [FR Doc. 2016–14473 Filed 6–15–16; 4:15 pm]
                                                                                                           Statement of the Purpose of, and                       example, if the Exchange is open for
                                                BILLING CODE 8011–01–P
                                                                                                           Statutory Basis for, the Proposed Rule                 abbreviated hours on a given day (e.g.,
                                                                                                           Change                                                 until 1:00 p.m. on the day after the
                                                                                                                                                                  Thanksgiving Day holiday) or if the
                                                SECURITIES AND EXCHANGE                                    1. Purpose                                             Exchange experiences a technological
                                                COMMISSION
                                                                                                              The Exchange proposes to amend                      problem that renders the Exchange
                                                [Release No. 34–78048; File No. SR–NSX–                    Rule 16.1, Fee Schedule, with the goal                 inoperative for part of the day, that day
                                                2016–03]                                                                                                          will not be factored in to the total
                                                                                                           of maximizing the effectiveness of its
                                                                                                           business model and continuing to                       number of days in the month when
                                                Self-Regulatory Organizations;                                                                                    calculating ADV. If an ETP Holder is
                                                National Stock Exchange, Inc.; Notice                      provide Equity Trading Permit (‘‘ETP’’)
                                                                                                           Holders 3 a cost-effective execution                   only eligible to trade on the Exchange
                                                of Filing and Immediate Effectiveness                                                                             for a portion of the month, the Exchange
                                                of Proposed Rule Change To Amend                           venue. The Exchange is proposing to
                                                                                                           implement the MDR sharing program as                   will calculate the ADV based on the
                                                Its Fee and Rebate Schedule To Adopt                                                                              number of days during the calendar
                                                a Market Data Revenue Sharing                              a part of the Fee Schedule, add a
                                                                                                           definition of ‘‘ADV’’ and make                         month that the ETP Holder was eligible
                                                Program                                                                                                           to trade. The Exchange notes that, for
                                                                                                           ministerial changes to the Fee Schedule.
                                                June 13, 2016.                                                The Exchange’s proposed MDR                         purposes of the ADV computation, an
                                                   Pursuant to Section 19(b)(1) of the                     sharing program provides for the                       ETP Holder’s total trading activity on
                                                Securities Exchange Act of 1934 (the                       issuance of a credit to ETP Holders for                the Exchange in securities priced at
                                                ‘‘Act’’) 1 and Rule 19b–4 thereunder,2                     executing trades on the Exchange within                $1.00 or greater will be utilized,
                                                notice is hereby given that on June 1,                     two defined volume tiers. The credit is                including executions resulting from
                                                2016, National Stock Exchange, Inc.                        equal to a specified percentage of the                 non-displayed orders. Explanatory Note
                                                (‘‘NSX’’ or the ‘‘Exchange’’) filed with                   monthly market data revenue received                   4 will clarify how the Exchange
                                                the Securities and Exchange                                by the Exchange that is attributable to                proposes to calculate ADV for the
                                                Commission (‘‘Commission’’) the                            such ETP Holder’s displayed quoting                    purposes of the market data revenue
                                                proposed rule change, as described in                      and trading activity in securities priced              sharing program, described below.
                                                Items I, II, and III below, which Items                    at $1.00 or greater on the Exchange. If,                  The Exchange proposes to add
                                                have been prepared by the Exchange.                        over the course of a calendar month, an                Explanatory Note 3 to the Fee Schedule
                                                The Commission is publishing this                          ETP Holder executes an ADV of greater                  to provide further information regarding
                                                notice to solicit comment on the                           than or equal to 500,000, but less than                MDR sharing.5 Explanatory Note 3
                                                proposed rule change from interested                       1,500,000, shares of securities priced                 makes explicit that, assuming the
                                                persons.                                                   $1.00 or greater, then the ETP Holder                  minimum ADV thresholds are achieved,
                                                I. Self-Regulatory Organization’s                          will receive a credit of 25% of the
                                                                                                                                                                    4 NSX Rule 1.5R.(1) defines the term ‘‘Regular
                                                Statement of the Terms of Substance of                     market data revenue that the Exchange                  Trading Hours’’ as ‘‘the time between 9:30 a.m. and
                                                the Proposed Rule Change                                   received that calendar month that was                  4:00 p.m. Eastern Time.’’
                                                                                                           attributable to that ETP Holder’s                        5 The Exchange has previously implemented
                                                   The Exchange is proposing to amend                      executions and displayed quotes in                     other iterations of market data revenue sharing
                                                Exchange Rule 16.1, Fee Schedule, to                       securities priced $1.00 or greater. If,                programs pursuant to filings with the Commission
                                                adopt a market data revenue (‘‘MDR’’)                      over the course of a calendar month, the
                                                                                                                                                                  and such prior MDR sharing programs shared up to
                                                sharing program, add a definition of the                                                                          50% of trade and quote market data revenue. See
                                                                                                           ETP Holder executes an ADV of greater                  Securities Exchange Act Release No. 66958 (May
sradovich on DSK3TPTVN1PROD with NOTICES




                                                term Average Daily Volume (‘‘ADV’’),                       than or equal to 1,500,000 shares of                   10, 2012), 77 FR 28909 (May 16, 2012) (SR–NSX–
                                                and make ministerial changes to the Fee                    securities priced $1.00 or greater, then               2012–07); Securities Exchange Act Release No.
                                                Schedule.                                                  the ETP Holder will receive a credit of
                                                                                                                                                                  61103 (December 3, 2009), 74 FR 65576 (December
                                                   The text of the proposed rule change                                                                           10, 2009) (SR–NSX–2009–07); Securities Exchange
                                                                                                                                                                  Act Release No. 58935 (November 13, 2008), 73 FR
                                                is available on the Exchange’s Web site                       3 Exchange Rule 1.5 defines ‘‘ETP’’ as the Equity   69703 (November 19, 2008) (SR–NSX–2008–19);
                                                                                                           Trading Permit issued by the Exchange for effecting    Securities Exchange Act Release No. 56890
                                                  1 15   U.S.C. 78s(b)(1).                                 approved securities transactions on the Exchange’s     (December 4, 2007), 72 FR 70360 (December 11,
                                                  2 17   CFR 240.19b–4.                                    trading facilities.                                    2007) (SR–NSX–2007–13).



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                                                39728                            Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Notices

                                                an ETP Holder will receive an MDR                        2. Statutory Basis                                    quoting and trading by ETP Holders on
                                                credit (in such percentage as is specified                                                                     the Exchange.
                                                                                                            The Exchange believes that the
                                                above) of the MDR attributable to the                                                                             The Exchange further submits that the
                                                                                                         proposed rule change is consistent with
                                                ETP Holder’s executions and displayed                    the provisions of Section 6(b) of the                 proposed MDR sharing program satisfies
                                                quotes in securities priced $1.00 or                     Act,8 in general and, in particular,                  the requirements of Section 6(b)(5) of
                                                greater. Explanatory Note 3 also                         Section 6(b)(4) of the Act,9 which                    the Act in that it does not permit unfair
                                                establishes that to the extent market                    requires that the rules of a national                 discrimination between customers,
                                                data revenue from Tape ‘‘A’’, ‘‘B’’ or ‘‘C’’             securities exchange provide for the                   issuers, brokers, or dealers, is designed
                                                securities transactions is subject to any                equitable allocation of reasonable dues,              to promote just and equitable principles
                                                adjustment by the securities information                 fees, and other charges among its                     of trade, to remove impediments to and
                                                processor (‘‘SIP’’), credits provided to                 members and issuers and other persons                 perfect the mechanism of a free and
                                                the ETP Holder in connection with the                    using its facilities. The proposed rule               open market and a national market
                                                ETP Holder’s quoting and trading in the                  change is also consistent with Section                system. Under the proposed changes to
                                                security that is subject to MDR                          6(b)(5) of the Act,10 which requires,                 the Fee Schedule, all ETP Holders
                                                adjustments may be adjusted by the                       among other things, that the rules of a               executing orders on the Exchange will
                                                Exchange;6 however, the Exchange will                    national securities exchange not permit               be subject to the same MDR sharing
                                                adjust credits to the ETP Holder only if                 unfair discrimination between                         structure, and such changes are thereby
                                                the adjustment would be greater than or                  customers, issuers, brokers, or dealers,              designed to meet the requirements of
                                                equal to $250. Amounts less than $250                    and be designed to promote just and                   the Section 6(b)(5) that the rules of the
                                                would be considered de minimis and                       equitable principles of trade, to remove              Exchange not permit unfair
                                                would be an exception, based the                         impediments to and perfect the                        discrimination among ETP Holders and
                                                Exchange’s belief that the monetary                      mechanism of a free and open market                   their customers.
                                                value of such an adjustment is                           and a national market system.11                          The Exchange submits that the
                                                outweighed by the associated                                The Exchange submits that the MDR                  proposal will promote just and equitable
                                                administrative burden both to the                        sharing program is equitable and                      principles of trade by providing a
                                                Exchange and to the recipient ETP                        reasonable, as required by Section                    streamlined MDR sharing program that
                                                Holder.7 Lastly, Explanatory Note 3                      6(b)(4) of the Act. The Exchange                      will potentially attract more volume on
                                                establishes that MDR credits will be                     believes that the MDR sharing program’s               the Exchange in displayed orders in
                                                paid on a quarterly basis.                               volume thresholds are reasonable                      securities priced at $1.00 and above.
                                                  The Exchange also proposes to make                     because they have been set at levels that             Incentivizing ETP Holders to add
                                                the ministerial change of moving                         make the MDR sharing program cost                     displayed liquidity at levels that would
                                                Explanatory Notes 1 and 2 from their                     effective for both the Exchange and ETP               result in the MDR credit would also
                                                current position at the end of the                       Holders and, through the issuance of                  operate to lower the cost to those ETP
                                                sections pertaining to transaction fees                  MDR credits, will incentivize Exchange                Holders of executing trades on the
                                                and rebates, to the end of the Fee                       participants to add liquidity to the                  Exchange by allowing them to share in
                                                Schedule where they would be more                        Exchange. This will result in greater                 the MDR derived from their activity.
                                                logically placed.                                        price discovery and price improvement                 Moreover, the Exchange believes that
                                                                                                         for ETP Holders. The Exchange’s                       incentivizing market participants to post
                                                  Pursuant to Exchange Rule 16.1(c),                     process for adjusting credits based on                and to access the liquidity on the NSX
                                                the Exchange will ‘‘provide ETP Holders                  adjustments made by the SIP is also                   Book would inure to the benefit of all
                                                with notice of all relevant dues, fees,                  reasonable as it will ensure that the                 market participants seeking greater and
                                                assessments and charges of the                           credits received by ETP Holders are                   better execution opportunities. In this
                                                Exchange’’ through the issuance of an                    accurate. Setting a threshold for                     regard, the proposed Fee Schedule will
                                                Information Circular and will post the                   adjusting credits in an amount equal to               promote just and equitable principles of
                                                Fee Schedule and the instant rule filing                 or greater than $250 is reasonable in that            trade and operate to remove
                                                on the Exchange’s Web site,                              it takes into account the administrative              impediments to and perfect the
                                                www.nsx.com.                                             costs to the Exchange and ETP Holder                  mechanism of a free and open market
                                                                                                         of processing de minimis adjustments.                 and a national market system under
                                                  6 Pursuant to the revenue allocation rules of
                                                                                                            The MDR sharing program is                         Section 6(b)(5).
                                                Regulation NMS, the SIPs continuously calculate          equitable because each ETP Holder will
                                                market data revenue attributable to each exchange                                                              B. Self-Regulatory Organization’s
                                                on a security by security basis and distribute           be subject to the same tiers and
                                                revenue to the exchanges quarterly. Fluctuations         thresholds for the MDR sharing                        Statement on Burden on Competition
                                                from quarter to quarter in quoting and trading on        program. Additionally, each ETP Holder                   The Exchange does not believe that
                                                the Exchange, on a security by security basis,           has the same opportunity to enter and
                                                relative to other exchanges affects the results of the                                                         the proposed rule change will impose
                                                SIPs’ continuous calculations of the MDR                 execute any amount of non-displayed                   any burden on competition that is not
                                                distribution for both the current quarter and prior      and displayed liquidity on the Exchange               necessary or appropriate in furtherance
                                                quarters in the calendar year. The SIPs may then         in order to receive an MDR credit. Thus,              of the purposes of the Exchange Act.
                                                adjust the MDR distributions that the SIPs made to       the Fee Schedule provides for a
                                                the Exchange for prior quarters in the calendar year,                                                          The proposed rule change amends the
                                                and the Exchange will adjust an ETP Holder’s MDR         streamlined and equitable MDR sharing                 Fee Schedule, which applies uniformly
                                                credit received as appropriate, provided that such       program which, the Exchange believes,                 to all ETP Holders accessing the
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                                                an adjustment would be in an amount of $250 or           will operate to encourage increased                   Exchange. Moreover, the proposed MDR
                                                greater.
                                                  7 The Exchange notes that in the past its Fee                                                                credits will enhance rather than burden
                                                                                                           8 15 U.S.C. 78f(b).
                                                Schedule has included a similar de minimis
                                                                                                           9 15
                                                                                                                                                               competition by operating to incentivize
                                                exception for applying credits to ETP Holders for               U.S.C. 78f(b)(4).
                                                                                                           10 15 U.S.C. 78f(b)(5).
                                                                                                                                                               increased liquidity and improve
                                                MDR adjustments in amounts less than $250. See
                                                Securities Exchange Act Release No. 66958 (May             11 The Exchange notes that in the past it has       execution quality on the Exchange
                                                10, 2012), 77 FR 28909 (May 16, 2012) (SR–NSX–           offered, as a part of its Fee Schedule, similar MDR   through reasonable and equitably
                                                2012–07).                                                sharing programs. See fn. 5, supra.                   allocated economic incentives.


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                                                                                     Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Notices                                         39729

                                                C. Self-Regulatory Organization’s                          public in accordance with the                          I. Self-Regulatory Organization’s
                                                Statement on Comments on the                               provisions of 5 U.S.C. 552, will be                    Statement of the Terms of Substance of
                                                Proposed Rule Change Received From                         available for Web site viewing and                     the Proposed Rule Change
                                                Members, Participants, or Others                           printing in the Commission’s Public
                                                                                                                                                                     The principal purpose of the change
                                                  The Exchange has neither solicited                       Reference Room, 100 F Street NE.,
                                                                                                                                                                  is to modify the ICE Clear Europe
                                                nor received written comments on the                       Washington, DC 20549, on official
                                                                                                                                                                  Delivery Procedures in connection with
                                                proposed rule change.                                      business days between the hours of
                                                                                                                                                                  the launch by the ICE Futures Europe
                                                                                                           10:00 a.m. and 3:00 p.m. Copies of the
                                                III. Date of Effectiveness of the                                                                                 market of new containerised white sugar
                                                                                                           filing also will be available for
                                                Proposed Rule Change and Timing for                                                                               futures contracts that will be cleared by
                                                                                                           inspection and copying at the principal
                                                Commission Action                                                                                                 ICE Clear Europe.
                                                                                                           office of the Exchange. All comments
                                                   The proposed rule change has taken                      received will be posted without change;                II. Self-Regulatory Organization’s
                                                effect upon filing pursuant to Section                     the Commission does not edit personal                  Statement of the Purpose of, and
                                                19(b)(3)(A)(ii) of the Act 12 and                          identifying information from                           Statutory Basis for, the Proposed Rule
                                                subparagraph (f)(2) of Rule 19b–4.13                       submissions. You should submit only                    Change
                                                   At any time within 60 days of the                       information that you wish to make
                                                filing of such proposed rule change, the                                                                            In its filing with the Commission, ICE
                                                                                                           available publicly. All submissions
                                                Commission summarily may                                                                                          Clear Europe included statements
                                                                                                           should refer to File Number SR–NSX–
                                                temporarily suspend such rule change if                                                                           concerning the purpose of and basis for
                                                                                                           2016–03 and should be submitted on or
                                                it appears to the Commission that such                                                                            the proposed rule change. The text of
                                                                                                           before July 8, 2016.
                                                action is necessary or appropriate in the                                                                         these statements may be examined at
                                                                                                             For the Commission, by the Division of               the places specified in Item IV below.
                                                public interest, for the protection of                     Trading and Markets, pursuant to delegated
                                                investors, or otherwise in furtherance of                                                                         ICE Clear Europe has prepared
                                                                                                           authority.14                                           summaries, set forth in sections A, B,
                                                the purposes of the Act.                                   Robert W. Errett,                                      and C below, of the most significant
                                                IV. Solicitation of Comments                               Deputy Secretary.                                      aspects of such statements.
                                                  Interested persons are invited to                        [FR Doc. 2016–14311 Filed 6–16–16; 8:45 am]
                                                                                                                                                                  A. Self-Regulatory Organization’s
                                                submit written data, views and                             BILLING CODE 8011–01–P
                                                                                                                                                                  Statement of the Purpose of, and
                                                arguments concerning the foregoing,                                                                               Statutory Basis for, the Proposed Rule
                                                including whether the proposed rule                                                                               Change
                                                change is consistent with the Act.                         SECURITIES AND EXCHANGE
                                                Comments may be submitted by any of                        COMMISSION                                             1. Purpose
                                                the following methods:                                                                                               The purpose of the rule amendments
                                                                                                           [Release No. 34–78045; File No. SR–ICEEU–              is to modify the ICE Clear Europe
                                                Electronic Comments
                                                                                                           2016–008]                                              Delivery Procedures in connection with
                                                  • Use the Commission’s Internet
                                                                                                                                                                  the launch by the ICE Futures Europe
                                                comment form (http://www.sec.gov/                          Self-Regulatory Organizations; ICE
                                                                                                                                                                  market of new containerised white sugar
                                                rules/sro.shtml); or                                       Clear Europe Limited; Notice of Filing
                                                  • Send an email to rule-comments@                                                                               futures contracts that will be cleared by
                                                                                                           and Immediate Effectiveness of a
                                                sec.gov. Please include File Number SR–                                                                           ICE Clear Europe (the ‘‘Containerised
                                                                                                           Proposed Rule Change Relating To
                                                NSX–2016–03 on the subject line.                                                                                  White Sugar Contracts’’). ICE Clear
                                                                                                           Clearance of Containerised White
                                                                                                                                                                  Europe does not otherwise propose to
                                                Paper Comments                                             Sugar Futures Contracts
                                                                                                                                                                  amend its clearing rules or procedures
                                                  • Send paper comments in triplicate                      June 13, 2016.                                         in connection with the Containerised
                                                to Secretary, Securities and Exchange                                                                             White Sugar Contracts.
                                                                                                              Pursuant to Section 19(b)(1) of the
                                                Commission, 100 F Street NE.,                              Securities Exchange Act of 1934                           The amendments adopt a new Part BB
                                                Washington, DC 20549–1090.                                 (‘‘Act’’),1 and Rule 19b–4 thereunder,2                to the Delivery Procedures, applicable to
                                                All submissions should refer to File                       notice is hereby given that on June 1,                 the Containerised White Sugar
                                                Number SR–NSX–2016–03. This file                           2016, ICE Clear Europe Limited (‘‘ICE                  Contracts. The amendments provide,
                                                number should be included on the                           Clear Europe’’) filed with the Securities              among other matters, specifications for
                                                subject line if email is used. To help the                 and Exchange Commission                                delivery of white sugar under a
                                                Commission process and review your                         (‘‘Commission’’) the proposed rule                     Containerised White Sugar Contract,
                                                comments more efficiently, please use                      changes described in Items I, II and III               including relevant definitions and a
                                                only one method. The Commission will                       below, which Items have been prepared                  detailed delivery timetable for the
                                                post all comments on the Commission’s                      primarily by ICE Clear Europe. ICE Clear               contracts. The amendments also address
                                                Internet Web site (http://www.sec.gov/                     Europe filed the proposal pursuant to                  invoicing and payment for delivery. The
                                                rules/sro.shtml). Copies of the                            Section 19(b)(3)(A) of the Act,3 and Rule              revised procedures also set out various
                                                submission, all subsequent                                 19b–4(f)(4)(ii) 4 thereunder, so that the              documentation requirements for the
                                                amendments, all written statements                         proposal was effective upon filing with                relevant parties, and provide procedures
                                                with respect to the proposed rule                          the Commission. The Commission is                      for rejection of delivery documentation
                                                change that are filed with the                             publishing this notice to solicit                      under applicable contract terms.
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                                                Commission, and all written                                comments on the proposed rule change                   2. Statutory Basis
                                                communications relating to the                             from interested persons.
                                                proposed rule change between the                                                                                    ICE Clear Europe believes that the
                                                Commission and any person, other than                        14 17
                                                                                                                                                                  changes described herein are consistent
                                                                                                                   CFR 200.30–3(a)(12).
                                                those that may be withheld from the                          1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                  with the requirements of Section 17A of
                                                                                                             2 17 CFR 240.19b–4.                                  the Act 5 and the regulations thereunder
                                                  12 15   U.S.C. 78s(b)(3)(A)(ii).                           3 15 U.S.C. 78s(b)(3)(A).
                                                  13 17   CFR 240.19b–4.                                     4 17 CFR 240.19b–4(f)(4)(ii).                         5 15   U.S.C. 78q–1.



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Document Created: 2016-06-17 01:05:06
Document Modified: 2016-06-17 01:05:06
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 39727 

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