81_FR_46886 81 FR 46749 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Change To Modify the NYSE Amex Options Fee Schedule Effective July 1, 2016

81 FR 46749 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Change To Modify the NYSE Amex Options Fee Schedule Effective July 1, 2016

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 137 (July 18, 2016)

Page Range46749-46751
FR Document2016-16856

Federal Register, Volume 81 Issue 137 (Monday, July 18, 2016)
[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)]
[Notices]
[Pages 46749-46751]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16856]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78297; File No. SR-NYSEMKT-2016-67]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and 
Immediate Effectiveness of Proposed Change To Modify the NYSE Amex 
Options Fee Schedule Effective July 1, 2016

July 12, 2016.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on July 1, 2016, NYSE MKT LLC (the ``Exchange'' or ``NYSE MKT'') filed 
with the Securities and Exchange Commission (``SEC'' or ``Commission'') 
the proposed rule change as described in Items I, II, and III below, 
which Items have been prepared by the Exchange. The Commission is 
publishing this notice to solicit comments on the proposed rule change 
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to modify the NYSE Amex Options Fee Schedule 
(``Fee Schedule''). The Exchange proposes to implement the fee change 
effective July 1, 2016. The proposed 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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this filing is to amend section I. E. of the Fee 
Schedule \3\ to adjust qualification levels for certain credit tiers 
and modify how certain volumes are weighted. The Exchange proposes to 
implement these changes effective on July 1, 2016.
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    \3\ See Fee Schedule, section I.E. (Amex Customer Engagement 
(``ACE'') Program--Standard Options), available here, https://www.nyse.com/publicdocs/nyse/markets/amex-options/NYSE_Amex_Options_Fee_Schedule.pdf.
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    Section I.E. of the Fee Schedule describes the Exchange's ACE 
Program, which features five tiers (each a ``Tier'') expressed as a 
percentage of total industry Customer equity and Exchange Traded Fund 
(``ETF'') option average daily volume \4\ and provides two alternative 
methods through which Order Flow Providers (each an ``OFP'') may 
receive per contract credits for Electronic Customer volume that the 
OFP, as agent, submits to the Exchange.\5\ The Exchange proposes to 
adjust the Customer Electronic ADV volume thresholds of the ACE Program 
by raising the qualification level for two of the five Tiers as well as 
to modify how volumes are calculated for all five of the Tiers under 
both methods.
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    \4\ Total industry Customer equity and ETF option volume is 
comprised of those equity and ETF contracts that clear in the 
Customer account type at OCC and does not include contracts that 
clear in either the Firm or Market Maker account type at OCC or 
contracts overlying a security other than an equity or ETF security. 
See OCC Monthly Statistics Reports, available here, http://www.theocc.com/webapps/monthly-volume-reports.
    \5\ The first method for determining whether an OFP should 
receive credit is by calculating, on a monthly basis, the average 
daily Customer contract volume an OFP executes Electronically on the 
Exchange as a percentage of total average daily industry Customer 
equity and ETF options volume. The second method for determining 
whether an OFP should receive credit is by calculating, on a monthly 
basis, the average daily contract volume an OFP executes 
Electronically in all participant types (i.e., Customer, Firm, 
Broker-Dealer, NYSE Amex Options Market Maker, Non-NYSE Amex Options 
Market Maker, and Professional Customer) on the Exchange, as a 
percentage of total average daily industry Customer equity and ETF 
option volume, with the further requirement that a specified 
percentage of the minimum volume required to qualify for the Tier 
must be Customer volume. See supra n. 3.
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    Currently, to qualify for Tier 2 on Customer Electronic ADV, the 
Customer Electronic ADV entered by an OFP must exceed 0.60% of Industry 
Customer Equity and ETF Options ADV (``ICADV''). The Exchange proposes 
to raise the qualification level for Tier 2 on Customer Electronic ADV 
to be greater than 0.75% of ICADV and, for

[[Page 46750]]

consistency, to likewise increase Tier 1, for which there are no 
credits, to a maximum volume threshold of 0.75% of ICADV. Currently, to 
qualify for Tier 3 on Customer Electronic ADV, the Customer Electronic 
ADV entered by an OFP must exceed 0.80% of ICADV. The Exchange proposes 
to raise the qualification level for Tier 3 to be greater than 1.00% of 
ICADV. The Exchange does not proposes [sic] any changes to the credits 
associated with each Tier. Nor does the Exchange propose any changes to 
the alternative Tier Qualifications based on Total Electronic ADV.
    The Exchange periodically re-evaluates the competitive landscape 
and, given the rebate the Exchange currently provides to OFPs achieving 
Tiers 2 and 3, the Exchange believes it would be appropriate to 
increase certain of the volume thresholds associated with those Tiers. 
For example, for OFPs that achieve Tier 2 on Customer Electronic ADV, 
the Exchange currently provides an $0.18 per contract rebate based on a 
volume threshold of greater than 0.60% of ICADV. While another 
competing options exchange--the Chicago Board Options Exchange Inc. 
(``CBOE'')--that offers a program similar to ACE provides a $0.15 per 
contract credit for simple options transactions at its highest tier, 
with a volume requirement of greater than 3.00% of National Customer 
Volume in All Underlying Symbols, with certain exclusions.\6\ Thus, the 
Exchange is providing a greater (credit) benefit than some of its 
competitors for a lower (volume) ask. Given the level of the benefit 
the Exchange is offering at Tiers 2 and 3, it believes the proposed 
upward adjustment to certain of the volume thresholds is more 
reflective of the competitive environment such that the volume 
requirements are more commensurate with the benefit offered.
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    \6\ See, e.g., CBOE fee schedule, available here, http://www.cboe.com/publish/feeschedule/CBOEFeeSchedule.pdf, at p. 4, 
Volume Incentive Program (featuring four tiers based on Percentage 
Thresholds of National Customer Volume in All Underlying Symbols 
(with certain exclusions) and, for example, providing that tier 2 
requires monthly volumes of at least 0.75% to 1.80% for a $0.12 
credit on simple options transactions and tier 3 requires monthly 
volumes of at least 1.80% to 3.00% for a $0.10 credit on simple 
options transactions).
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    To mitigate the increased qualification standards for ACE Tiers 2 
and 3 based on an OFP's Customer volume transacted Electronically as a 
percentage of total industry Customer equity and ETF options, and to 
encourage additional order flow to the Exchange such that more OFPs 
qualify for each of the Tier [sic], the Exchange proposes to apply a 
proposed volume multiplier to certain volumes, which would increase the 
volumes towards the calculation of the Customer ADV on all ACE Tiers. 
Specifically, the Exchange proposes to amend the ACE Program to provide 
that ``[i]n calculating an OFP's Electronic volume, each Customer order 
that takes liquidity will be weighted as 50% greater (i.e., 1.5 times 
the contract volume) for determining Customer Electronic ADV and Total 
Electronic ADV.\7\ The Exchange believes that applying a higher 
weighting to Customer orders that take liquidity should encourage OFPs 
to direct more liquidity taking orders to the Exchange. In addition, 
with regard to the proposed increases to Tiers 2 and 3, the Exchange 
believes the proposed volume multiplier would provide additional 
incentive to OFP's that are currently achieving--or close to 
achieving--Tiers 2 and 3 to send additional order flow to the Exchange. 
While the Exchange is making it more difficult to achieve these tiers, 
qualifying OFPs will receive an additional benefit as a result.
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    \7\ See proposed Fee Schedule, section I. E. (Amex Customer 
Engagement (``ACE'') Program--Standard Options).
---------------------------------------------------------------------------

    Further, the Exchange believes this increase in order flow should 
incentivize market makers that may be rewarded with additional trading 
opportunities to route to lit markets and post better size, which would 
result in better markets (tighter market maker quotes) on the Exchange.
    The proposed modifications to the ACE Program are designed to 
encourage OFPs to direct additional order flow to the Exchange, which 
additional volume and liquidity would benefit all Exchange participants 
through increased opportunities to trade as well as enhancing price 
discovery.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with section 6(b) of the Act,\8\ in general, and furthers the 
objectives of sections 6(b)(4) and (5) of the Act,\9\ in particular, 
because it provides for the equitable allocation of reasonable dues, 
fees, and other charges among its members, issuers and other persons 
using its facilities and does not unfairly discriminate between 
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes that the proposed amendments to the ACE 
Program are reasonable, equitable and not unfairly discriminatory 
because the proposed changes are designed to enhance the 
competitiveness of the Exchange while continuing to encourage 
additional volumes be directed to the Exchange.\10\ Specifically, given 
the level of the benefit the Exchange is offering at Tiers 2 and 3, it 
believes the proposed upward adjustment to certain of the volume 
thresholds is more reflective of the competitive environment such that 
the volume requirements are more commensurate with the benefit offered.
---------------------------------------------------------------------------

    \10\ See supra n. 6.
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    The Exchange believes that applying the proposed volume multiplier 
to certain volumes is reasonable, equitable and not unfairly 
discriminatory as it would mitigate the proposed increases to the 
volume thresholds for achieving Tiers 2 and 3, and would increase the 
volumes towards the calculation of the Customer ADV on all ACE Tiers, 
which should encourage OFPs to direct more liquidity taking orders to 
the Exchange. Further, the Exchange believes this increase in order 
flow should incentivize market makers that may be rewarded with 
additional trading opportunities to route to lit markets and post 
better size, which would result in better markets (tighter market maker 
quotes) on the Exchange.
    The Exchange believes that these proposed changes to the ACE 
Program, taken together, would attract more volume and liquidity to the 
Exchange- including taker liquidity, which would benefit all market 
participants by providing more trading opportunities and tighter 
spreads, even to those market participants that do not participate in 
the ACE Program or have not yet been able to qualify for any of the 
Tiers. With regard to the proposed increases to Tiers 2 and 3, the 
Exchange believes the proposed volume multiplier would provide 
additional incentive to OFP's that are currently achieving--or close to 
achieving--Tiers 2 and 3 to send additional order flow to the Exchange. 
While the Exchange is making it more difficult to achieve these tiers, 
qualifying OFPs will receive an additional benefit as a result.
    Finally, the Exchange believes the proposed changes are consistent 
with the Act because, to the extent the modifications permit the 
Exchange to continue to attract greater volume and liquidity, the 
proposed changes would improve the Exchange's overall competitiveness 
and strengthen its market quality for all market participants.
    For these reasons, the Exchange believes that the proposal is 
consistent with the Act.

[[Page 46751]]

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

    In accordance with section 6(b)(8) of the Act,\11\ the Exchange 
does not believe that the proposed rule change would impose any burden 
on competition that is not necessary or appropriate in furtherance of 
the purposes of the Act. The Exchange believes the proposed amendments 
to the ACE Program are pro-competitive as the proposed increased 
qualifications, which make the tiers more competitive,\12\ together 
with the enhanced weighting factor may encourage OFPs to direct 
Customer order flow, particularly taking liquidity, to the Exchange and 
any resulting increase in volume and liquidity to the Exchange would 
benefit all Exchange participants through increased opportunities to 
trade as well as enhancing price discovery, even to those market 
participants that do not participate in the ACE Program or have not yet 
been able to qualify for any of the tiers.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(8).
    \12\ See supra n. 6.
---------------------------------------------------------------------------

    The Exchange notes that it operates in a highly competitive market 
in which market participants can readily favor competing venues. In 
such an environment, the Exchange must continually review, and consider 
adjusting, its fees and credits to remain competitive with other 
exchanges. For the reasons described above, the Exchange believes that 
the proposed rule change reflects this competitive environment.

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

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

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

    The foregoing rule change is effective upon filing pursuant to 
section 19(b)(3)(A) \13\ of the Act and subparagraph (f)(2) of Rule 
19b-4 \14\ thereunder, because it establishes a due, fee, or other 
charge imposed by the Exchange.
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 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) \15\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \15\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. 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-NYSEMKT-2016-67 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-NYSEMKT-2016-67. 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-NYSEMKT-2016-67, and should 
be submitted on or before August 8, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-16856 Filed 7-15-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                      Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Notices                                                         46749

                                                    Electronic Comments                                        SECURITIES AND EXCHANGE                                    A. Self-Regulatory Organization’s
                                                                                                               COMMISSION                                                 Statement of the Purpose of, and the
                                                      • Use the Commission’s Internet                                                                                     Statutory Basis for, the Proposed Rule
                                                    comment form (http://www.sec.gov/                                                                                     Change
                                                                                                               [Release No. 34–78297; File No. SR–
                                                    rules/sro.shtml); or
                                                                                                               NYSEMKT–2016–67]                                           1. Purpose
                                                      • Send an email to rule-comments@
                                                    sec.gov. Please include File Number SR–                                                                                  The purpose of this filing is to amend
                                                                                                               Self-Regulatory Organizations; NYSE
                                                    BatsBZX–2016–37 on the subject line.                                                                                  section I. E. of the Fee Schedule 3 to
                                                                                                               MKT LLC; Notice of Filing and
                                                                                                                                                                          adjust qualification levels for certain
                                                                                                               Immediate Effectiveness of Proposed                        credit tiers and modify how certain
                                                    Paper Comments
                                                                                                               Change To Modify the NYSE Amex                             volumes are weighted. The Exchange
                                                      • Send paper comments in triplicate                      Options Fee Schedule Effective July 1,                     proposes to implement these changes
                                                    to Secretary, Securities and Exchange                      2016                                                       effective on July 1, 2016.
                                                    Commission, 100 F Street NE.,                                                                                            Section I.E. of the Fee Schedule
                                                                                                               July 12, 2016.
                                                    Washington, DC 20549–1090.                                                                                            describes the Exchange’s ACE Program,
                                                                                                                  Pursuant to section 19(b)(1) of the                     which features five tiers (each a ‘‘Tier’’)
                                                    All submissions should refer to File                       Securities Exchange Act of 1934                            expressed as a percentage of total
                                                    Number SR–BatsBZX–2016–37. This file                       (‘‘Act’’),1 and Rule 19b–4 thereunder,2                    industry Customer equity and Exchange
                                                    number should be included on the                           notice is hereby given that on July 1,                     Traded Fund (‘‘ETF’’) option average
                                                    subject line if email is used. To help the                 2016, NYSE MKT LLC (the ‘‘Exchange’’                       daily volume 4 and provides two
                                                    Commission process and review your                         or ‘‘NYSE MKT’’) filed with the                            alternative methods through which
                                                    comments more efficiently, please use                      Securities and Exchange Commission                         Order Flow Providers (each an ‘‘OFP’’)
                                                    only one method. The Commission will                       (‘‘SEC’’ or ‘‘Commission’’) the proposed                   may receive per contract credits for
                                                    post all comments on the Commission’s                      rule change as described in Items I, II,                   Electronic Customer volume that the
                                                    Internet Web site (http://www.sec.gov/                     and III below, which Items have been                       OFP, as agent, submits to the Exchange.5
                                                    rules/sro.shtml). Copies of the                            prepared by the Exchange. The                              The Exchange proposes to adjust the
                                                    submission, all subsequent                                                                                            Customer Electronic ADV volume
                                                                                                               Commission is publishing this notice to
                                                    amendments, all written statements                                                                                    thresholds of the ACE Program by
                                                                                                               solicit comments on the proposed rule
                                                    with respect to the proposed rule                                                                                     raising the qualification level for two of
                                                                                                               change from interested persons.
                                                    change that are filed with the                                                                                        the five Tiers as well as to modify how
                                                    Commission, and all written                                I. Self-Regulatory Organization’s                          volumes are calculated for all five of the
                                                    communications relating to the                             Statement of the Terms of Substance of                     Tiers under both methods.
                                                    proposed rule change between the                           the Proposed Rule Change                                      Currently, to qualify for Tier 2 on
                                                    Commission and any person, other than                                                                                 Customer Electronic ADV, the Customer
                                                    those that may be withheld from the                           The Exchange proposes to modify the                     Electronic ADV entered by an OFP must
                                                                                                               NYSE Amex Options Fee Schedule                             exceed 0.60% of Industry Customer
                                                    public in accordance with the
                                                                                                               (‘‘Fee Schedule’’). The Exchange                           Equity and ETF Options ADV
                                                    provisions of 5 U.S.C. 552, will be
                                                                                                               proposes to implement the fee change                       (‘‘ICADV’’). The Exchange proposes to
                                                    available for Web site viewing and
                                                                                                               effective July 1, 2016. The proposed                       raise the qualification level for Tier 2 on
                                                    printing in the Commission’s Public                                                                                   Customer Electronic ADV to be greater
                                                    Reference Room, 100 F Street NE.,                          change is available on the Exchange’s
                                                                                                               Web site at www.nyse.com, at the                           than 0.75% of ICADV and, for
                                                    Washington, DC 20549, on official
                                                    business days between the hours of                         principal office of the Exchange, and at
                                                                                                                                                                             3 See Fee Schedule, section I.E. (Amex Customer

                                                    10:00 a.m. and 3:00 p.m. Copies of such                    the Commission’s Public Reference                          Engagement (‘‘ACE’’) Program—Standard Options),
                                                    filing will also be available for                          Room.                                                      available here, https://www.nyse.com/publicdocs/
                                                                                                                                                                          nyse/markets/amex-options/NYSE_Amex_Options_
                                                    inspection and copying at the principal                    II. Self-Regulatory Organization’s                         Fee_Schedule.pdf.
                                                    office of the Exchange. All comments                       Statement of the Purpose of, and                              4 Total industry Customer equity and ETF option

                                                    received will be posted without change;                    Statutory Basis for, the Proposed Rule                     volume is comprised of those equity and ETF
                                                    the Commission does not edit personal                                                                                 contracts that clear in the Customer account type
                                                                                                               Change                                                     at OCC and does not include contracts that clear in
                                                    identifying information from                                                                                          either the Firm or Market Maker account type at
                                                    submissions. You should submit only                          In its filing with the Commission, the                   OCC or contracts overlying a security other than an
                                                    information that you wish to make                          self-regulatory organization included                      equity or ETF security. See OCC Monthly Statistics
                                                                                                               statements concerning the purpose of,                      Reports, available here, http://www.theocc.com/
                                                    available publicly. All submissions                                                                                   webapps/monthly-volume-reports.
                                                    should refer to File Number SR–                            and basis for, the proposed rule change                       5 The first method for determining whether an

                                                    BatsBZX–2016–37 and should be                              and discussed any comments it received                     OFP should receive credit is by calculating, on a
                                                    submitted on or before August 8, 2016.                     on the proposed rule change. The text                      monthly basis, the average daily Customer contract
                                                                                                               of those statements may be examined at                     volume an OFP executes Electronically on the
                                                      For the Commission, by the Division of                                                                              Exchange as a percentage of total average daily
                                                                                                               the places specified in Item IV below.                     industry Customer equity and ETF options volume.
                                                    Trading and Markets, pursuant to delegated
                                                    authority.11
                                                                                                               The Exchange has prepared summaries,                       The second method for determining whether an
                                                                                                               set forth in sections A, B, and C below,                   OFP should receive credit is by calculating, on a
                                                    Robert W. Errett,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                          monthly basis, the average daily contract volume an
                                                                                                               of the most significant parts of such                      OFP executes Electronically in all participant types
                                                    Deputy Secretary.                                          statements.                                                (i.e., Customer, Firm, Broker-Dealer, NYSE Amex
                                                    [FR Doc. 2016–16861 Filed 7–15–16; 8:45 am]                                                                           Options Market Maker, Non-NYSE Amex Options
                                                    BILLING CODE 8011–01–P                                                                                                Market Maker, and Professional Customer) on the
                                                                                                                                                                          Exchange, as a percentage of total average daily
                                                                                                                                                                          industry Customer equity and ETF option volume,
                                                                                                                                                                          with the further requirement that a specified
                                                                                                                                                                          percentage of the minimum volume required to
                                                                                                                    1 15   U.S.C. 78s(b)(1).                              qualify for the Tier must be Customer volume. See
                                                      11 17   CFR 200.30–3(a)(12).                                  2 17   CFR 240.19b–4.                                 supra n. 3.



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                                                    46750                           Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Notices

                                                    consistency, to likewise increase Tier 1,                proposes to apply a proposed volume                   enhance the competitiveness of the
                                                    for which there are no credits, to a                     multiplier to certain volumes, which                  Exchange while continuing to encourage
                                                    maximum volume threshold of 0.75% of                     would increase the volumes towards the                additional volumes be directed to the
                                                    ICADV. Currently, to qualify for Tier 3                  calculation of the Customer ADV on all                Exchange.10 Specifically, given the level
                                                    on Customer Electronic ADV, the                          ACE Tiers. Specifically, the Exchange                 of the benefit the Exchange is offering at
                                                    Customer Electronic ADV entered by an                    proposes to amend the ACE Program to                  Tiers 2 and 3, it believes the proposed
                                                    OFP must exceed 0.80% of ICADV. The                      provide that ‘‘[i]n calculating an OFP’s              upward adjustment to certain of the
                                                    Exchange proposes to raise the                           Electronic volume, each Customer order                volume thresholds is more reflective of
                                                    qualification level for Tier 3 to be                     that takes liquidity will be weighted as              the competitive environment such that
                                                    greater than 1.00% of ICADV. The                         50% greater (i.e., 1.5 times the contract             the volume requirements are more
                                                    Exchange does not proposes [sic] any                     volume) for determining Customer                      commensurate with the benefit offered.
                                                    changes to the credits associated with                   Electronic ADV and Total Electronic                      The Exchange believes that applying
                                                    each Tier. Nor does the Exchange                         ADV.7 The Exchange believes that                      the proposed volume multiplier to
                                                    propose any changes to the alternative                   applying a higher weighting to                        certain volumes is reasonable, equitable
                                                    Tier Qualifications based on Total                       Customer orders that take liquidity                   and not unfairly discriminatory as it
                                                    Electronic ADV.                                          should encourage OFPs to direct more                  would mitigate the proposed increases
                                                       The Exchange periodically re-                         liquidity taking orders to the Exchange.              to the volume thresholds for achieving
                                                    evaluates the competitive landscape                      In addition, with regard to the proposed              Tiers 2 and 3, and would increase the
                                                    and, given the rebate the Exchange                       increases to Tiers 2 and 3, the Exchange              volumes towards the calculation of the
                                                    currently provides to OFPs achieving                     believes the proposed volume multiplier               Customer ADV on all ACE Tiers, which
                                                    Tiers 2 and 3, the Exchange believes it                  would provide additional incentive to
                                                    would be appropriate to increase certain                                                                       should encourage OFPs to direct more
                                                                                                             OFP’s that are currently achieving—or                 liquidity taking orders to the Exchange.
                                                    of the volume thresholds associated                      close to achieving—Tiers 2 and 3 to
                                                    with those Tiers. For example, for OFPs                                                                        Further, the Exchange believes this
                                                                                                             send additional order flow to the                     increase in order flow should
                                                    that achieve Tier 2 on Customer                          Exchange. While the Exchange is
                                                    Electronic ADV, the Exchange currently                                                                         incentivize market makers that may be
                                                                                                             making it more difficult to achieve these             rewarded with additional trading
                                                    provides an $0.18 per contract rebate                    tiers, qualifying OFPs will receive an
                                                    based on a volume threshold of greater                                                                         opportunities to route to lit markets and
                                                                                                             additional benefit as a result.                       post better size, which would result in
                                                    than 0.60% of ICADV. While another                          Further, the Exchange believes this
                                                    competing options exchange—the                                                                                 better markets (tighter market maker
                                                                                                             increase in order flow should                         quotes) on the Exchange.
                                                    Chicago Board Options Exchange Inc.                      incentivize market makers that may be
                                                    (‘‘CBOE’’)—that offers a program similar                 rewarded with additional trading                         The Exchange believes that these
                                                    to ACE provides a $0.15 per contract                     opportunities to route to lit markets and             proposed changes to the ACE Program,
                                                    credit for simple options transactions at                post better size, which would result in               taken together, would attract more
                                                    its highest tier, with a volume                          better markets (tighter market maker                  volume and liquidity to the Exchange–
                                                    requirement of greater than 3.00% of                     quotes) on the Exchange.                              including taker liquidity, which would
                                                    National Customer Volume in All                             The proposed modifications to the                  benefit all market participants by
                                                    Underlying Symbols, with certain                         ACE Program are designed to encourage                 providing more trading opportunities
                                                    exclusions.6 Thus, the Exchange is                       OFPs to direct additional order flow to               and tighter spreads, even to those
                                                    providing a greater (credit) benefit than                                                                      market participants that do not
                                                                                                             the Exchange, which additional volume
                                                    some of its competitors for a lower                                                                            participate in the ACE Program or have
                                                                                                             and liquidity would benefit all
                                                    (volume) ask. Given the level of the                                                                           not yet been able to qualify for any of
                                                                                                             Exchange participants through
                                                    benefit the Exchange is offering at Tiers                                                                      the Tiers. With regard to the proposed
                                                                                                             increased opportunities to trade as well
                                                    2 and 3, it believes the proposed                                                                              increases to Tiers 2 and 3, the Exchange
                                                                                                             as enhancing price discovery.
                                                    upward adjustment to certain of the                                                                            believes the proposed volume multiplier
                                                    volume thresholds is more reflective of                  2. Statutory Basis                                    would provide additional incentive to
                                                    the competitive environment such that                       The Exchange believes that the                     OFP’s that are currently achieving—or
                                                    the volume requirements are more                         proposed rule change is consistent with               close to achieving—Tiers 2 and 3 to
                                                    commensurate with the benefit offered.                   section 6(b) of the Act,8 in general, and             send additional order flow to the
                                                       To mitigate the increased                                                                                   Exchange. While the Exchange is
                                                                                                             furthers the objectives of sections 6(b)(4)
                                                    qualification standards for ACE Tiers 2                                                                        making it more difficult to achieve these
                                                                                                             and (5) of the Act,9 in particular,
                                                    and 3 based on an OFP’s Customer                                                                               tiers, qualifying OFPs will receive an
                                                                                                             because it provides for the equitable
                                                    volume transacted Electronically as a                                                                          additional benefit as a result.
                                                                                                             allocation of reasonable dues, fees, and
                                                    percentage of total industry Customer                                                                             Finally, the Exchange believes the
                                                                                                             other charges among its members,
                                                    equity and ETF options, and to                                                                                 proposed changes are consistent with
                                                                                                             issuers and other persons using its
                                                    encourage additional order flow to the                                                                         the Act because, to the extent the
                                                                                                             facilities and does not unfairly
                                                    Exchange such that more OFPs qualify                                                                           modifications permit the Exchange to
                                                                                                             discriminate between customers,
                                                    for each of the Tier [sic], the Exchange                                                                       continue to attract greater volume and
                                                                                                             issuers, brokers or dealers.
                                                       6 See, e.g., CBOE fee schedule, available here,
                                                                                                                The Exchange believes that the                     liquidity, the proposed changes would
                                                                                                             proposed amendments to the ACE                        improve the Exchange’s overall
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                                                    http://www.cboe.com/publish/feeschedule/
                                                    CBOEFeeSchedule.pdf, at p. 4, Volume Incentive           Program are reasonable, equitable and                 competitiveness and strengthen its
                                                    Program (featuring four tiers based on Percentage        not unfairly discriminatory because the               market quality for all market
                                                    Thresholds of National Customer Volume in All            proposed changes are designed to                      participants.
                                                    Underlying Symbols (with certain exclusions) and,
                                                    for example, providing that tier 2 requires monthly                                                               For these reasons, the Exchange
                                                                                                               7 See proposed Fee Schedule, section I. E. (Amex
                                                    volumes of at least 0.75% to 1.80% for a $0.12                                                                 believes that the proposal is consistent
                                                    credit on simple options transactions and tier 3         Customer Engagement (‘‘ACE’’) Program—Standard
                                                                                                             Options).                                             with the Act.
                                                    requires monthly volumes of at least 1.80% to
                                                                                                               8 15 U.S.C. 78f(b).
                                                    3.00% for a $0.10 credit on simple options
                                                    transactions).                                             9 15 U.S.C. 78f(b)(4) and (5).                        10 See   supra n. 6.



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                                                                                    Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Notices                                                              46751

                                                    B. Self-Regulatory Organization’s                        investors, or otherwise in furtherance of                     should refer to File Number SR–
                                                    Statement on Burden on Competition                       the purposes of the Act. If the                               NYSEMKT–2016–67, and should be
                                                       In accordance with section 6(b)(8) of                 Commission takes such action, the                             submitted on or before August 8, 2016.
                                                    the Act,11 the Exchange does not believe                 Commission shall institute proceedings                          For the Commission, by the Division of
                                                    that the proposed rule change would                      under section 19(b)(2)(B) 15 of the Act to                    Trading and Markets, pursuant to delegated
                                                    impose any burden on competition that                    determine whether the proposed rule                           authority.16
                                                    is not necessary or appropriate in                       change should be approved or                                  Robert W. Errett,
                                                    furtherance of the purposes of the Act.                  disapproved.                                                  Deputy Secretary.
                                                    The Exchange believes the proposed                       IV. Solicitation of Comments                                  [FR Doc. 2016–16856 Filed 7–15–16; 8:45 am]
                                                    amendments to the ACE Program are
                                                                                                               Interested persons are invited to                           BILLING CODE 8011–01–P
                                                    pro-competitive as the proposed
                                                                                                             submit written data, views, and
                                                    increased qualifications, which make
                                                                                                             arguments concerning the foregoing,
                                                    the tiers more competitive,12 together                                                                                 SMALL BUSINESS ADMINISTRATION
                                                                                                             including whether the proposed rule
                                                    with the enhanced weighting factor may
                                                                                                             change is consistent with the Act.                            [Disaster Declaration #14756 and #14757]
                                                    encourage OFPs to direct Customer
                                                                                                             Comments may be submitted by any of
                                                    order flow, particularly taking liquidity,
                                                                                                             the following methods:                                        Connecticut Disaster #CT–00038
                                                    to the Exchange and any resulting
                                                    increase in volume and liquidity to the                  Electronic Comments                                           AGENCY: U.S. Small Business
                                                    Exchange would benefit all Exchange                        • Use the Commission’s Internet                             Administration.
                                                    participants through increased                           comment form (http://www.sec.gov/                             ACTION: Notice.
                                                    opportunities to trade as well as                        rules/sro.shtml); or
                                                    enhancing price discovery, even to                         • Send an email to rule-comments@                           SUMMARY:    This is a notice of an
                                                    those market participants that do not                    sec.gov. Please include File Number SR–                       Administrative declaration of a disaster
                                                    participate in the ACE Program or have                   NYSEMKT–2016–67 on the subject line.                          for the State of CONNECTICUT dated
                                                    not yet been able to qualify for any of                                                                                07/08/2016.
                                                    the tiers.                                               Paper Comments                                                   Incident: Apartment Building Fire.
                                                       The Exchange notes that it operates in                   • Send paper comments in triplicate                           Incident Period: 06/06/2016.
                                                    a highly competitive market in which                     to Secretary, Securities and Exchange                            Effective Date: 07/08/2016.
                                                    market participants can readily favor                    Commission, 100 F Street NE.,                                    Physical Loan Application Deadline
                                                    competing venues. In such an                             Washington, DC 20549–1090.                                    Date: 09/06/2016.
                                                    environment, the Exchange must                                                                                            Economic Injury (EIDL) Loan
                                                                                                             All submissions should refer to File
                                                    continually review, and consider                                                                                       Application Deadline Date: 04/10/2017.
                                                                                                             Number SR–NYSEMKT–2016–67. This
                                                    adjusting, its fees and credits to remain                file number should be included on the                         ADDRESSES: Submit completed loan
                                                    competitive with other exchanges. For                    subject line if email is used. To help the                    applications to: U.S. Small Business
                                                    the reasons described above, the                         Commission process and review your                            Administration, Processing and
                                                    Exchange believes that the proposed                      comments more efficiently, please use                         Disbursement Center, 14925 Kingsport
                                                    rule change reflects this competitive                    only one method. The Commission will                          Road, Fort Worth, TX 76155.
                                                    environment.                                             post all comments on the Commission’s                         FOR FURTHER INFORMATION CONTACT: A.
                                                    C. Self-Regulatory Organization’s                        Internet Web site (http://www.sec.gov/                        Escobar, Office of Disaster Assistance,
                                                    Statement on Comments on the                             rules/sro.shtml). Copies of the                               U.S. Small Business Administration,
                                                    Proposed Rule Change Received From                       submission, all subsequent                                    409 3rd Street SW., Suite 6050,
                                                    Members, Participants, or Others                         amendments, all written statements                            Washington, DC 20416.
                                                                                                             with respect to the proposed rule                             SUPPLEMENTARY INFORMATION: Notice is
                                                      No written comments were solicited                     change that are filed with the                                hereby given that as a result of the
                                                    or received with respect to the proposed                 Commission, and all written                                   Administrator’s disaster declaration,
                                                    rule change.                                             communications relating to the                                applications for disaster loans may be
                                                    III. Date of Effectiveness of the                        proposed rule change between the                              filed at the address listed above or other
                                                    Proposed Rule Change and Timing for                      Commission and any person, other than                         locally announced locations.
                                                    Commission Action                                        those that may be withheld from the                              The following areas have been
                                                                                                             public in accordance with the                                 determined to be adversely affected by
                                                       The foregoing rule change is effective
                                                                                                             provisions of 5 U.S.C. 552, will be                           the disaster:
                                                    upon filing pursuant to section
                                                    19(b)(3)(A) 13 of the Act and                            available for Web site viewing and                            Primary Counties: Hartford.
                                                                                                             printing in the Commission’s Public                           Contiguous Counties:
                                                    subparagraph (f)(2) of Rule 19b–4 14
                                                                                                             Reference Room, 100 F Street NE.,                                Connecticut: Litchfield, Middlesex,
                                                    thereunder, because it establishes a due,
                                                                                                             Washington, DC 20549 on official                                   New Haven, New London, Tolland.
                                                    fee, or other charge imposed by the                                                                                       Massachusetts: Hampden.
                                                    Exchange.                                                business days between the hours of
                                                       At any time within 60 days of the                     10:00 a.m. and 3:00 p.m. Copies of the                           The Interest Rates are:
                                                    filing of such proposed rule change, the                 filing also will be available for
                                                                                                             inspection and copying at the principal                                                                   Percent
                                                    Commission summarily may
                                                                                                             office of the Exchange. All comments
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    temporarily suspend such rule change if                                                                                For Physical Damage:
                                                    it appears to the Commission that such                   received will be posted without change;
                                                                                                                                                                             Homeowners With Credit Avail-
                                                    action is necessary or appropriate in the                the Commission does not edit personal                             able Elsewhere ......................      3.250
                                                    public interest, for the protection of                   identifying information from                                    Homeowners Without Credit
                                                                                                             submissions. You should submit only                               Available Elsewhere ..............        1.625
                                                      11 15 U.S.C. 78f(b)(8).                                information that you wish to make                               Businesses With Credit Avail-
                                                      12 See supra n. 6.                                     available publicly. All submissions                               able Elsewhere ......................     6.250
                                                      13 15 U.S.C. 78s(b)(3)(A).
                                                      14 17 CFR 240.19b–4(f)(2).                                  15 15   U.S.C. 78s(b)(2)(B).                               16 17   CFR 200.30–3(a)(12).



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Document Created: 2016-07-16 02:28:21
Document Modified: 2016-07-16 02:28:21
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 46749 

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