81_FR_40094 81 FR 39976 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the NYSE Arca Equities Schedule of Fees and Charges for Exchange Services

81 FR 39976 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the NYSE Arca Equities Schedule of Fees and Charges for Exchange Services

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 118 (June 20, 2016)

Page Range39976-39978
FR Document2016-14449

Federal Register, Volume 81 Issue 118 (Monday, June 20, 2016)
[Federal Register Volume 81, Number 118 (Monday, June 20, 2016)]
[Notices]
[Pages 39976-39978]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14449]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78065; File No. SR-NYSEArca-2016-85]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending the NYSE 
Arca Equities Schedule of Fees and Charges for Exchange Services

June 14, 2016.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on June 1, 2016, NYSE Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.

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[[Page 39977]]

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

    The Exchange proposes to amend the NYSE Arca Equities Schedule of 
Fees and Charges for Exchange Services (the ``Fee Schedule'') to 
provide a second way to qualify for Tier 2 fees and credits for orders 
executed on the Exchange. The Exchange proposes to implement the fee 
change effective June 1, 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, 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 the Fee Schedule to provide a second 
way to qualify for Tier 2 fees and credits for orders executed on the 
Exchange.\4\ The Exchange proposes to implement the fee change 
effective June 1, 2016.
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    \4\ The Tier 2 fees and credits are available for round lots and 
odd lots with a per share price [sic] $1.00 or above.
---------------------------------------------------------------------------

    Currently, ETP Holders and Market Makers qualify for Tier 2 fees 
and credits by providing liquidity an average daily share volume per 
month of 0.30% or more, but less than 0.70% of United States 
consolidated average daily volume (``US CADV'').\5\
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    \5\ The Exchange proposes to use the same definition [sic] US 
CADV for purposes of the proposed alternative to qualifying for Tier 
2. Specifically, US CADV would mean the United States Consolidated 
Average Daily Volume for transactions reported to the Consolidated 
Tape, excluding odd lots through January 31, 2014 (except for 
purposes of Lead Market Maker pricing), and excludes volume on days 
when the market closes early and on the date of the annual 
reconstitution of the Russell Investments Indexes. Transactions that 
are not reported to the Consolidated Tape are not included in US 
CADV. See Fee Schedule, footnote 3.
---------------------------------------------------------------------------

    The Exchange proposes to permit ETP Holders and Market Makers to 
alternatively qualify for Tier 2 fees and credits if they provide 
liquidity of 0.10% or more of the US CADV per month, and are affiliated 
with an OTP Holder or OTP Firm that provides an ADV of electronic 
posted Customer and Professional Customer executions in all issues on 
NYSE Arca Options (excluding mini options) of at least 1.50% of total 
Customer equity and ETF option ADV as reported by The Options Clearing 
Corporation (``OCC'').\6\ The Exchange is not proposing to change the 
level of fees and credits applicable to Tier 2. The purpose of the 
proposed rule change is to adopt an alternative method for ETP Holders 
and Market Makers to qualify for Tier 2 fees and credits. The Exchange 
believes that the proposal would create an added incentive for ETP 
Holders and Market Makers to bring additional order flow to a public 
market while also providing an alternative method for ETP Holders and 
Market Makers to qualify for Tier 2 fees and credits. The Exchange 
notes that Bats BZX Exchange (``BZX'') also provides pricing that 
combines a participant's equities and options trading on that 
exchange.\7\
---------------------------------------------------------------------------

    \6\ The proposed change is similar to pricing tiers currently in 
place on the Exchange. The Exchange's Cross Asset Tier 1 and Cross 
Asset Tier 2 already provide for fees and credits based on liquidity 
provided by an affiliated OTP Holder or OTP Firm. See Fee Schedule.
    \7\ See BZX Fee Schedule at http://www.bats.com/us/equities/membership/fee_schedule/bzx/.
---------------------------------------------------------------------------

    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,\8\ in general, and furthers the 
objectives of sections 6(b)(4) and 6(b)(5) of the Act,\9\ in 
particular, because it provides for the equitable allocation of 
reasonable dues, fees, and other charges among its members, issuers and 
other persons using its facilities and does not unfairly discriminate 
between customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

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

    The Exchange believes that the proposal to amend Tier 2 is 
reasonable because it provides ETP Holders affiliated with an NYSE Arca 
Options OTP Holder or OTP Firm with an additional way to qualify for 
Tier 2 fees and credits. The Exchange believes that the proposal to 
utilize a lower requirement of an ETP Holder or Market Maker providing 
liquidity of 0.10% or more of US CADV, rather than 0.30% or more of US 
CADV, is reasonable because to qualify for the proposed alternative an 
ETP Holder or Market Maker would also be required to be affiliated with 
an OTP Holder or OTP Firm and in addition, the ETP Holder's and Market 
Maker's affiliated OTP Holder or OTP Firm would be required to provide 
an ADV of electronic posted Customer and Professional Customer 
executions in all issues on NYSE Arca Options (excluding mini options) 
of at least 1.50% of total Customer equity and ETF option ADV as 
reported by OCC.
    The Exchange believes that expanding the basis for Tier 2 to 
include Customer equity and ETF options ADV will better reflect the 
correlation between options trading and the underlying securities, 
which trade at the Exchange, including ETFs. In this respect, the 
Exchange notes that Equity and ETF Customer volume is a widely followed 
benchmark of industry volume and is indicative of industry market 
share. The Exchange believes that the proposal is equitable and not 
unfairly discriminatory because all ETP Holders and Market Makers would 
be subject to the same fee structure and be offered the same 
alternative to qualifying for Tier 2 fees and credits. Moreover, Tier 2 
fees and credits would be available for all ETP Holders and Market 
Makers to satisfy, including those that are not affiliated with an NYSE 
Arca Options OTP Holder or OTP Firm. ETP Holders and Market Makers that 
are not affiliated with an NYSE Arca Options OTP Holder or OTP Firm 
would continue to be eligible for Tier 2 fees and credits subject to 
their meeting the current requirements.
    Further, the Exchange believes that the proposal is reasonable and 
would create an added incentive for ETP Holders and Market Makers to 
execute additional orders on the Exchange. The Exchange believes that 
the proposed change is equitable and not unfairly discriminatory 
because providing incentives for orders in exchange-listed securities 
that are executed on a registered national securities exchange (rather 
than relying on certain available off-exchange execution methods) would 
contribute to investors' confidence in the fairness of their 
transactions and would benefit all investors by deepening the 
Exchange's liquidity pool, supporting the quality of price discovery, 
promoting market transparency and improving investor protection.

[[Page 39978]]

    Volume-based rebates and fees such as the ones currently in place 
on the Exchange, and as proposed herein, have been widely adopted in 
the cash equities markets and are equitable because they are open to 
all ETP Holders and Market Makers on an equal basis and provide 
additional benefits or discounts that are reasonably related to the 
value to an exchange's market quality associated with higher levels of 
market activity, such as higher levels of liquidity provision and/or 
growth patterns, and introduction of higher volumes of orders into the 
price and volume discovery processes. Further, the Exchange believes 
that the proposed amendment to Tier 2 will provide such enhancements in 
market quality on both the Exchange's equity market and options market 
by incentivizing increased participation on both platforms.
    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 Act.

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

    In accordance with section 6(b)(8) of the Act,\10\ the Exchange 
believes that the proposed rule change would not impose any burden on 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act. Instead, the Exchange believes that the proposal 
to add an additional way to qualify for Tier 2 would encourage the 
submission of additional liquidity to a public exchange, thereby 
promoting price discovery and transparency and enhancing order 
execution opportunities for ETP Holders and Market Makers. The Exchange 
believes that this could promote competition between the Exchange and 
other execution venues, including those that currently offer similar 
order types and comparable transaction pricing, by encouraging 
additional orders to be sent to the Exchange for execution.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    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 ETP Holders 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) \11\ of the Act and subparagraph (f)(2) of Rule 
19b-4 \12\ thereunder, because it establishes a due, fee, or other 
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings under 
section 19(b)(2)(B) \13\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \13\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSEArca-2016-85 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2016-85. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NYSEArca-2016-85, and should 
be submitted on or before July 11, 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).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-14449 Filed 6-17-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                    39976                          Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Notices

                                                    Additionally, Members may opt to                        (C) Self-Regulatory Organization’s                         proposed rule change between the
                                                    disfavor the Exchange’s pricing if they                 Statement on Comments on the                               Commission and any person, other than
                                                    believe that alternatives offer them                    Proposed Rule Change Received From                         those that may be withheld from the
                                                    better value.                                           Members, Participants or Others                            public in accordance with the
                                                       With respect to the proposed tiered                    The Exchange has not solicited, and                      provisions of 5 U.S.C. 552, will be
                                                    pricing changes, the Exchange has                       does not intend to solicit, comments on                    available for Web site viewing and
                                                    structured the proposed fees and rebates                this proposed rule change. The                             printing in the Commission’s Public
                                                    to attract additional volume to the                     Exchange has not received any written                      Reference Room, 100 F Street NE.,
                                                    Exchange. Particularly, the Exchange is                 comments from members or other                             Washington, DC 20549, on official
                                                    proposing various changes to tiers that                 interested parties.                                        business days between the hours of
                                                    will result in increased rebates provided               III. Date of Effectiveness of the                          10:00 a.m. and 3:00 p.m. Copies of such
                                                    or reduced fees charged or that will                    Proposed Rule Change and Timing for                        filing will also be available for
                                                    make certain tiers more easily attainable               Commission Action                                          inspection and copying at the principal
                                                    for more Members. In order to offset                                                                               office of the Exchange. All comments
                                                                                                               The foregoing rule change has become                    received will be posted without change;
                                                    such changes, the Exchange is also                      effective pursuant to section 19(b)(3)(A)
                                                    eliminating certain other pricing                                                                                  the Commission does not edit personal
                                                                                                            of the Act 20 and paragraph (f) of Rule
                                                    incentives currently offered by the                                                                                identifying information from
                                                                                                            19b–4 thereunder.21 At any time within
                                                    Exchange. Accordingly, the Exchange                     60 days of the filing of the proposed rule                 submissions. You should submit only
                                                    does not believe that the proposed                      change, the Commission summarily may                       information that you wish to make
                                                    changes to the Exchange’s tiered pricing                temporarily suspend such rule change if                    available publicly. All submissions
                                                    structure burdens competition, but                      it appears to the Commission that such                     should refer to File Number SR–
                                                    instead, enhances competition as such                   action is necessary or appropriate in the                  BatsBZX–2016–22 and should be
                                                                                                            public interest, for the protection of                     submitted on or before July 11, 2016.
                                                    changes are all intended to increase the
                                                    competitiveness of the Exchange. Also,                  investors, or otherwise in furtherance of                    For the Commission, by the Division of
                                                    the Exchange believes that the price                    the purposes of the Act.                                   Trading and Markets, pursuant to delegated
                                                    changes contribute to, rather than                      IV. Solicitation of Comments                               authority.22
                                                    burden competition, as such changes are                                                                            Robert W. Errett,
                                                                                                              Interested persons are invited to
                                                    broadly intended to incentivize                         submit written data, views, and                            Deputy Secretary.
                                                    participants to increase their                          arguments concerning the foregoing,                        [FR Doc. 2016–14445 Filed 6–17–16; 8:45 am]
                                                    participation on the Exchange, which                    including whether the proposed rule                        BILLING CODE 8011–01–P
                                                    will increase the liquidity and market                  change is consistent with the Act.
                                                    quality on the Exchange, which will                     Comments may be submitted by any of
                                                    then further enhance the Exchange’s                     the following methods:                                     SECURITIES AND EXCHANGE
                                                    ability to compete with other exchanges.                                                                           COMMISSION
                                                                                                            Electronic Comments
                                                       With respect to the proposed changes
                                                    to the routing fee structure, the                         • Use the Commission’s Internet                          [Release No. 34–78065; File No. SR–
                                                                                                            comment form (http://www.sec.gov/                          NYSEArca–2016–85]
                                                    Exchange believes that the proposed
                                                                                                            rules/sro.shtml); or
                                                    fees are competitive in that they will                    • Send an email to rule-
                                                    continue to provide a simple approach                                                                              Self-Regulatory Organizations; NYSE
                                                                                                            comments@sec.gov. Please include File                      Arca, Inc.; Notice of Filing and
                                                    to routing pricing that some Members                    Number SR–BatsBZX–2016–22 on the
                                                    may favor. Additionally, Members may                                                                               Immediate Effectiveness of Proposed
                                                                                                            subject line.                                              Rule Change Amending the NYSE Arca
                                                    opt to disfavor the Exchange’s pricing,
                                                    including pricing for transactions on the               Paper Comments                                             Equities Schedule of Fees and
                                                    Exchange as well as routing fees, if they                 • Send paper comments in triplicate                      Charges for Exchange Services
                                                    believe that alternatives offer them                    to Secretary, Securities and Exchange                      June 14, 2016.
                                                    better value. In particular, with respect               Commission, 100 F Street NE.,
                                                    to routing services, such services are                  Washington, DC 20549–1090.                                    Pursuant to section 19(b)(1) 1 of the
                                                    available to Members from other broker-                 All submissions should refer to File                       Securities Exchange Act of 1934 (the
                                                    dealers as well as other options                        Number SR–BatsBZX–2016–22. This file                       ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                    exchanges. The Exchange also notes that                 number should be included on the                           notice is hereby given that, on June 1,
                                                                                                            subject line if email is used. To help the                 2016, NYSE Arca, Inc. (the ‘‘Exchange’’
                                                    Members may choose to mark their
                                                                                                            Commission process and review your                         or ‘‘NYSE Arca’’) filed with the
                                                    orders as ineligible for routing to avoid
                                                                                                            comments more efficiently, please use                      Securities and Exchange Commission
                                                    incurring routing fees.19
                                                                                                            only one method. The Commission will                       (the ‘‘Commission’’) the proposed rule
                                                       Based on the foregoing, the Exchange                 post all comments on the Commission’s                      change as described in Items I, II, and
                                                    does not believe that any of the                        Internet Web site (http://www.sec.gov/                     III below, which Items have been
                                                    proposed changes will impair the ability                rules/sro.shtml). Copies of the                            prepared by the self-regulatory
                                                    of Members or competing venues to
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            submission, all subsequent                                 organization. The Commission is
                                                    maintain their competitive standing in                  amendments, all written statements                         publishing this notice to solicit
                                                    the financial markets.                                  with respect to the proposed rule                          comments on the proposed rule change
                                                                                                            change that are filed with the                             from interested persons.
                                                      19 See Exchange Rule 21.1(d)(7) (describing ‘‘Book    Commission, and all written
                                                    Only’’ orders) and Exchange Rule 21.9(a)(1)             communications relating to the                               22 17 CFR 200.30–3(a)(12).
                                                                                                                                                                         1 15 U.S.C. 78s(b)(1).
                                                    (describing the Exchange’s routing process, which
                                                    requires orders to be designated as available for         20 15   U.S.C. 78s(b)(3)(A).                               2 15 U.S.C. 78a.

                                                    routing).                                                 21 17   CFR 240.19b–4(f).                                  3 17 CFR 240.19b–4.




                                               VerDate Sep<11>2014   17:05 Jun 17, 2016   Jkt 238001   PO 00000   Frm 00090    Fmt 4703      Sfmt 4703   E:\FR\FM\20JNN1.SGM     20JNN1


                                                                                   Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Notices                                            39977

                                                    I. Self-Regulatory Organization’s                          The Exchange proposes to permit ETP                 and credits. The Exchange believes that
                                                    Statement of the Terms of the Substance                 Holders and Market Makers to                           the proposal to utilize a lower
                                                    of the Proposed Rule Change                             alternatively qualify for Tier 2 fees and              requirement of an ETP Holder or Market
                                                                                                            credits if they provide liquidity of                   Maker providing liquidity of 0.10% or
                                                       The Exchange proposes to amend the
                                                                                                            0.10% or more of the US CADV per                       more of US CADV, rather than 0.30% or
                                                    NYSE Arca Equities Schedule of Fees
                                                                                                            month, and are affiliated with an OTP                  more of US CADV, is reasonable
                                                    and Charges for Exchange Services (the
                                                                                                            Holder or OTP Firm that provides an                    because to qualify for the proposed
                                                    ‘‘Fee Schedule’’) to provide a second
                                                                                                            ADV of electronic posted Customer and                  alternative an ETP Holder or Market
                                                    way to qualify for Tier 2 fees and credits
                                                                                                            Professional Customer executions in all                Maker would also be required to be
                                                    for orders executed on the Exchange.
                                                                                                            issues on NYSE Arca Options                            affiliated with an OTP Holder or OTP
                                                    The Exchange proposes to implement
                                                                                                            (excluding mini options) of at least                   Firm and in addition, the ETP Holder’s
                                                    the fee change effective June 1, 2016.
                                                                                                            1.50% of total Customer equity and ETF                 and Market Maker’s affiliated OTP
                                                    The proposed rule change is available
                                                                                                            option ADV as reported by The Options                  Holder or OTP Firm would be required
                                                    on the Exchange’s Web site at
                                                                                                            Clearing Corporation (‘‘OCC’’).6 The                   to provide an ADV of electronic posted
                                                    www.nyse.com, at the principal office of
                                                                                                            Exchange is not proposing to change the                Customer and Professional Customer
                                                    the Exchange, and at the Commission’s
                                                                                                            level of fees and credits applicable to                executions in all issues on NYSE Arca
                                                    Public Reference Room.
                                                                                                            Tier 2. The purpose of the proposed rule               Options (excluding mini options) of at
                                                    II. Self-Regulatory Organization’s                      change is to adopt an alternative method               least 1.50% of total Customer equity and
                                                    Statement of the Purpose of, and                        for ETP Holders and Market Makers to                   ETF option ADV as reported by OCC.
                                                    Statutory Basis for, the Proposed Rule                  qualify for Tier 2 fees and credits. The                  The Exchange believes that expanding
                                                    Change                                                  Exchange believes that the proposal                    the basis for Tier 2 to include Customer
                                                                                                            would create an added incentive for                    equity and ETF options ADV will better
                                                      In its filing with the Commission, the                ETP Holders and Market Makers to                       reflect the correlation between options
                                                    self-regulatory organization included                   bring additional order flow to a public                trading and the underlying securities,
                                                    statements concerning the purpose of,                   market while also providing an                         which trade at the Exchange, including
                                                    and basis for, the proposed rule change                 alternative method for ETP Holders and                 ETFs. In this respect, the Exchange
                                                    and discussed any comments it received                  Market Makers to qualify for Tier 2 fees               notes that Equity and ETF Customer
                                                    on the proposed rule change. The text                   and credits. The Exchange notes that                   volume is a widely followed benchmark
                                                    of those statements may be examined at                  Bats BZX Exchange (‘‘BZX’’) also                       of industry volume and is indicative of
                                                    the places specified in Item IV below.                  provides pricing that combines a                       industry market share. The Exchange
                                                    The Exchange has prepared summaries,                    participant’s equities and options                     believes that the proposal is equitable
                                                    set forth in sections A, B, and C below,                trading on that exchange.7                             and not unfairly discriminatory because
                                                    of the most significant parts of such                      The proposed changes are not                        all ETP Holders and Market Makers
                                                    statements.                                             otherwise intended to address any other                would be subject to the same fee
                                                    A. Self-Regulatory Organization’s                       problem, and the Exchange is not aware                 structure and be offered the same
                                                    Statement of the Purpose of, and                        of any significant problem that the                    alternative to qualifying for Tier 2 fees
                                                    Statutory Basis for, the Proposed Rule                  affected market participants would have                and credits. Moreover, Tier 2 fees and
                                                    Change                                                  in complying with the proposed                         credits would be available for all ETP
                                                                                                            changes.                                               Holders and Market Makers to satisfy,
                                                    1. Purpose
                                                                                                            2. Statutory Basis                                     including those that are not affiliated
                                                      The Exchange proposes to amend the                                                                           with an NYSE Arca Options OTP Holder
                                                    Fee Schedule to provide a second way                       The Exchange believes that the                      or OTP Firm. ETP Holders and Market
                                                    to qualify for Tier 2 fees and credits for              proposed rule change is consistent with                Makers that are not affiliated with an
                                                    orders executed on the Exchange.4 The                   section 6(b) of the Act,8 in general, and              NYSE Arca Options OTP Holder or OTP
                                                    Exchange proposes to implement the fee                  furthers the objectives of sections 6(b)(4)            Firm would continue to be eligible for
                                                    change effective June 1, 2016.                          and 6(b)(5) of the Act,9 in particular,                Tier 2 fees and credits subject to their
                                                      Currently, ETP Holders and Market                     because it provides for the equitable                  meeting the current requirements.
                                                    Makers qualify for Tier 2 fees and                      allocation of reasonable dues, fees, and                  Further, the Exchange believes that
                                                    credits by providing liquidity an average               other charges among its members,                       the proposal is reasonable and would
                                                    daily share volume per month of 0.30%                   issuers and other persons using its                    create an added incentive for ETP
                                                    or more, but less than 0.70% of United                  facilities and does not unfairly                       Holders and Market Makers to execute
                                                    States consolidated average daily                       discriminate between customers,                        additional orders on the Exchange. The
                                                    volume (‘‘US CADV’’).5                                  issuers, brokers or dealers.                           Exchange believes that the proposed
                                                                                                               The Exchange believes that the                      change is equitable and not unfairly
                                                       4 The Tier 2 fees and credits are available for
                                                                                                            proposal to amend Tier 2 is reasonable                 discriminatory because providing
                                                    round lots and odd lots with a per share price [sic]    because it provides ETP Holders                        incentives for orders in exchange-listed
                                                    $1.00 or above.                                         affiliated with an NYSE Arca Options                   securities that are executed on a
                                                       5 The Exchange proposes to use the same              OTP Holder or OTP Firm with an                         registered national securities exchange
                                                    definition [sic] US CADV for purposes of the            additional way to qualify for Tier 2 fees
                                                    proposed alternative to qualifying for Tier 2.                                                                 (rather than relying on certain available
                                                                                                                                                                   off-exchange execution methods) would
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Specifically, US CADV would mean the United               6 The proposed change is similar to pricing tiers
                                                    States Consolidated Average Daily Volume for                                                                   contribute to investors’ confidence in
                                                    transactions reported to the Consolidated Tape,         currently in place on the Exchange. The Exchange’s
                                                    excluding odd lots through January 31, 2014 (except     Cross Asset Tier 1 and Cross Asset Tier 2 already      the fairness of their transactions and
                                                    for purposes of Lead Market Maker pricing), and         provide for fees and credits based on liquidity        would benefit all investors by
                                                    excludes volume on days when the market closes          provided by an affiliated OTP Holder or OTP Firm.      deepening the Exchange’s liquidity
                                                    early and on the date of the annual reconstitution      See Fee Schedule.
                                                                                                              7 See BZX Fee Schedule at http://www.bats.com/       pool, supporting the quality of price
                                                    of the Russell Investments Indexes. Transactions
                                                    that are not reported to the Consolidated Tape are      us/equities/membership/fee_schedule/bzx/.              discovery, promoting market
                                                    not included in US CADV. See Fee Schedule,                8 15 U.S.C. 78f(b).                                  transparency and improving investor
                                                    footnote 3.                                               9 15 U.S.C. 78f(b)(4) and (5).                       protection.


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                                                    39978                             Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Notices

                                                       Volume-based rebates and fees such                      with other exchanges and with                          Electronic Comments
                                                    as the ones currently in place on the                      alternative trading systems that have
                                                    Exchange, and as proposed herein, have                     been exempted from compliance with                       • Use the Commission’s Internet
                                                    been widely adopted in the cash                            the statutory standards applicable to                  comment form (http://www.sec.gov/
                                                    equities markets and are equitable                         exchanges. Because competitors are free                rules/sro.shtml); or
                                                    because they are open to all ETP                           to modify their own fees and credits in                  • Send an email to rule-
                                                    Holders and Market Makers on an equal                      response, and because market                           comments@sec.gov. Please include File
                                                    basis and provide additional benefits or                   participants may readily adjust their                  Number SR–NYSEArca–2016–85 on the
                                                    discounts that are reasonably related to                   order routing practices, the Exchange                  subject line.
                                                    the value to an exchange’s market                          believes that the degree to which fee
                                                    quality associated with higher levels of                   changes in this market may impose any                  Paper Comments
                                                    market activity, such as higher levels of                  burden on competition is extremely
                                                    liquidity provision and/or growth                          limited. As a result of all of these                     • Send paper comments in triplicate
                                                    patterns, and introduction of higher                       considerations, the Exchange does not                  to Brent J. Fields, Secretary, Securities
                                                    volumes of orders into the price and                       believe that the proposed changes will                 and Exchange Commission, 100 F Street
                                                    volume discovery processes. Further,                       impair the ability of ETP Holders or                   NE., Washington, DC 20549–1090.
                                                    the Exchange believes that the proposed                    competing order execution venues to
                                                    amendment to Tier 2 will provide such                                                                             All submissions should refer to File
                                                                                                               maintain their competitive standing in                 Number SR–NYSEArca–2016–85. This
                                                    enhancements in market quality on both                     the financial markets.
                                                    the Exchange’s equity market and                                                                                  file number should be included on the
                                                    options market by incentivizing                            C. Self-Regulatory Organization’s                      subject line if email is used. To help the
                                                    increased participation on both                            Statement on Comments on the                           Commission process and review your
                                                    platforms.                                                 Proposed Rule Change Received From                     comments more efficiently, please use
                                                       The Exchange believes that it is                        Members, Participants, or Others                       only one method. The Commission will
                                                    subject to significant competitive forces,                                                                        post all comments on the Commission’s
                                                    as described below in the Exchange’s                         No written comments were solicited                   Internet Web site (http://www.sec.gov/
                                                    statement regarding the burden on                          or received with respect to the proposed               rules/sro.shtml). Copies of the
                                                    competition.                                               rule change.                                           submission, all subsequent
                                                       For the foregoing reasons, the                          III. Date of Effectiveness of the                      amendments, all written statements
                                                    Exchange believes that the proposal is                     Proposed Rule Change and Timing for                    with respect to the proposed rule
                                                    consistent with the Act.                                   Commission Action                                      change that are filed with the
                                                    B. Self-Regulatory Organization’s                                                                                 Commission, and all written
                                                    Statement on Burden on Competition                           The foregoing rule change is effective               communications relating to the
                                                                                                               upon filing pursuant to section                        proposed rule change between the
                                                      In accordance with section 6(b)(8) of                    19(b)(3)(A) 11 of the Act and                          Commission and any person, other than
                                                    the Act,10 the Exchange believes that the                  subparagraph (f)(2) of Rule 19b–4 12                   those that may be withheld from the
                                                    proposed rule change would not impose                      thereunder, because it establishes a due,
                                                    any burden on competition that is not                                                                             public in accordance with the
                                                                                                               fee, or other charge imposed by the                    provisions of 5 U.S.C. 552, will be
                                                    necessary or appropriate in furtherance                    Exchange.
                                                    of the purposes of the Act. Instead, the                                                                          available for Web site viewing and
                                                    Exchange believes that the proposal to                        At any time within 60 days of the                   printing in the Commission’s Public
                                                    add an additional way to qualify for Tier                  filing of such proposed rule change, the               Reference Room, 100 F Street NE.,
                                                    2 would encourage the submission of                        Commission summarily may                               Washington, DC 20549 on official
                                                    additional liquidity to a public                           temporarily suspend such rule change if                business days between the hours of
                                                    exchange, thereby promoting price                          it appears to the Commission that such                 10:00 a.m. and 3:00 p.m. Copies of such
                                                    discovery and transparency and                             action is necessary or appropriate in the              filing also will be available for
                                                    enhancing order execution                                  public interest, for the protection of                 inspection and copying at the principal
                                                    opportunities for ETP Holders and                          investors, or otherwise in furtherance of              office of the Exchange. All comments
                                                    Market Makers. The Exchange believes                       the purposes of the Act. If the                        received will be posted without change;
                                                    that this could promote competition                        Commission takes such action, the                      the Commission does not edit personal
                                                    between the Exchange and other                             Commission shall institute proceedings
                                                                                                                                                                      identifying information from
                                                    execution venues, including those that                     under section 19(b)(2)(B) 13 of the Act to
                                                                                                                                                                      submissions. You should submit only
                                                    currently offer similar order types and                    determine whether the proposed rule
                                                                                                                                                                      information that you wish to make
                                                    comparable transaction pricing, by                         change should be approved or
                                                                                                               disapproved.                                           available publicly. All submissions
                                                    encouraging additional orders to be sent                                                                          should refer to File Number SR–
                                                    to the Exchange for execution.                             IV. Solicitation of Comments                           NYSEArca–2016–85, and should be
                                                      Finally, the Exchange notes that it                                                                             submitted on or before July 11, 2016.
                                                    operates in a highly competitive market                      Interested persons are invited to
                                                    in which market participants can                           submit written data, views, and                          For the Commission, by the Division of
                                                    readily favor competing venues if they                     arguments concerning the foregoing,                    Trading and Markets, pursuant to delegated
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    deem fee levels at a particular venue to                   including whether the proposed rule                    authority.14
                                                    be excessive or rebate opportunities                       change is consistent with the Act.                     Robert W. Errett,
                                                    available at other venues to be more                       Comments may be submitted by any of                    Deputy Secretary.
                                                    favorable. In such an environment, the                     the following methods:                                 [FR Doc. 2016–14449 Filed 6–17–16; 8:45 am]
                                                    Exchange must continually adjust its                                                                              BILLING CODE 8011–01–P
                                                    fees and rebates to remain competitive                       11 15 U.S.C. 78s(b)(3)(A).
                                                                                                                 12 17 CFR 240.19b–4(f)(2).
                                                      10 15                                                                                                             14 17   CFR 200.30–3(a)(12).
                                                              U.S.C. 78f(b)(8).                                  13 15 U.S.C. 78s(b)(2)(B).




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Document Created: 2016-06-18 00:09:02
Document Modified: 2016-06-18 00:09:02
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 39976 

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