81_FR_48617 81 FR 48475 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Make Adjustments to Nasdaq's Options Regulatory Fee

81 FR 48475 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Make Adjustments to Nasdaq's Options Regulatory Fee

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 142 (July 25, 2016)

Page Range48475-48477
FR Document2016-17447

Federal Register, Volume 81 Issue 142 (Monday, July 25, 2016)
[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Notices]
[Pages 48475-48477]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17447]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78360; File No. SR-NASDAQ-2016-096]


Self-Regulatory Organizations; The NASDAQ Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Make Adjustments to Nasdaq's Options Regulatory Fee

July 19, 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 6, 2016, The NASDAQ Stock Market LLC (``Nasdaq'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``SEC'' or ``Commission'') the proposed rule change as described in 
Items I, II, and III, below, which Items have been prepared by the 
Exchange. The Commission is publishing this notice to solicit comments 
on the proposed rule change from interested persons.
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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 make adjustments to its Options Regulatory 
Fee (``ORF'') by amending NASDAQ Options Market LLC (``NOM'') Rules at 
Chapter XV, Section 5.
    While the changes proposed herein are effective upon filing, the 
Exchange has designated the amendments become operative on August 1, 
2016.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaq.cchwallstreet.com, at the principal office of 
the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

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

1. Purpose
    The Exchange proposes to increase the ORF from $0.0019 to $0.0021 
as of August 1, 2016 to account for a reduction in market volume the 
Exchange has experienced. The Exchange's proposed change to the ORF 
should balance the Exchange's regulatory revenue against the 
anticipated revenue [sic].
Background
    The ORF is assessed to each member for all options transactions 
executed or cleared by the member that are cleared at The Options 
Clearing Corporation (``OCC'') in the Customer range (i.e., that clear 
in the Customer account of the member's clearing firm at OCC). The 
Exchange monitors the amount of revenue collected from the ORF to 
ensure that it, in combination with other regulatory fees and fines, 
does not exceed regulatory costs. The ORF is imposed upon all 
transactions executed by a member, even if such transactions do not 
take place on the Exchange.\3\ The ORF also includes options 
transactions that are not executed by an Exchange member but are 
ultimately cleared by an Exchange member.\4\ The ORF is not charged for 
member proprietary options transactions because members incur the costs 
of owning memberships and through their memberships are charged 
transaction fees, dues and other fees that are not applicable to non-
members. The dues and fees paid by members go into the general funds of 
the Exchange, a portion of which is used to help pay the costs of 
regulation. The ORF is collected indirectly from members through their 
clearing firms by OCC on behalf of the Exchange.
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    \3\ The ORF applies to all ``C'' account origin code orders 
executed by a member on the Exchange. Exchange Rules require each 
member to record the appropriate account origin code on all orders 
at the time of entry in order to allow the Exchange to properly 
prioritize and route orders and assess transaction fees pursuant to 
the Rules of the Exchange and report resulting transactions to OCC.
    \4\ In the case where one member both executes a transaction and 
clears the transaction, the ORF is assessed to the member only once 
on the execution. In the case where one member executes a 
transaction and a different member clears the transaction, the ORF 
is assessed only to the member who executes the transaction and is 
not assessed to the member who clears the transaction. In the case 
where a non-member executes a transaction and a member clears the 
transaction, the ORF is assessed to the member who clears the 
transaction.
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    The ORF is designed to recover a portion of the costs to the 
Exchange of the supervision and regulation of its

[[Page 48476]]

members, including performing routine surveillances, investigations, 
examinations, financial monitoring, and policy, rulemaking, 
interpretive, and enforcement activities. The Exchange believes that 
revenue generated from the ORF, when combined with all of the 
Exchange's other regulatory fees, will cover a material portion, but 
not all, of the Exchange's regulatory costs. The Exchange will continue 
to monitor the amount of revenue collected from the ORF to ensure that 
it, in combination with its other regulatory fees and fines, does not 
exceed regulatory costs. If the Exchange determines regulatory revenues 
exceed regulatory costs, the Exchange will adjust the ORF by submitting 
a fee change filing to the Commission.
ORF Adjustments
    The Exchange is proposing to increase the ORF from $0.0019 to 
$0.0021 as of August 1, 2016. In light of recent market volumes, the 
Exchange is proposing to change the amount of ORF that will be 
collected by the Exchange. The Exchange regularly reviews its ORF to 
ensure that the ORF, in combination with its other regulatory fees and 
fines, does not exceed regulatory costs. The Exchange believes this 
adjustment will permit the Exchange to cover a material portion of its 
regulatory costs, while not exceeding regulatory costs.
    The Exchange notified members of this ORF adjustment thirty (30) 
calendar days prior to the proposed operative date.\5\
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    \5\ See Options Trader Alert #2016-16.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \6\ in general, and furthers the objectives of Sections 
6(b)(4) and 6(b)(5) of the Act \7\ in particular, in that it provides 
for the equitable allocation of reasonable dues, fees and other charges 
among members and issuers and other persons using any facility or 
system which the Exchange operates or controls, and is not designed to 
permit unfair discrimination between customers, issuers, brokers, or 
dealers.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes that increasing the ORF from $0.0019 to 
$0.0021 as of August 1, 2016 is reasonable because the Exchange's 
collection of ORF needs to be balanced against the amount of regulatory 
revenue collected by the Exchange. The Exchange believes that the 
proposed adjustments noted herein will serve to balance the Exchange's 
regulatory revenue against the anticipated regulatory costs. While 
these adjustments result in an increase, the increase is modest and 
within the range of ORFs assessed by other options exchanges.
    The Exchange believes that amending the ORF from $0.0019 to $0.0021 
as of August 1, 2016 is equitable and not unfairly discriminatory 
because this adjustment would be applicable to all members on all of 
their transactions that clear as Customer at OCC. In addition, the ORF 
seeks to recover the costs of supervising and regulating members, 
including performing routine surveillances, investigations, 
examinations, financial monitoring, and policy, rulemaking, 
interpretive, and enforcement activities.
    The ORF is not charged for member proprietary options transactions 
because members incur the costs of owning memberships and through their 
memberships are charged transaction fees, dues and other fees that are 
not applicable to non-members. Moreover, the Exchange believes the ORF 
ensures fairness by assessing higher fees to those members that require 
more Exchange regulatory services based on the amount of Customer 
options business they conduct.
    Regulating Customer trading activity is more labor intensive and 
requires greater expenditure of human and technical resources than 
regulating non-Customer trading activity. Surveillance, regulation and 
examination of non-Customer trading activity generally tends to be more 
automated and less labor intensive. As a result, the costs associated 
with administering the Customer component of the Exchange's overall 
regulatory program are anticipated to be higher than the costs 
associated with administering the non-Customer component of its 
regulatory program. The Exchange proposes assessing higher fees to 
those members that will require more Exchange regulatory services based 
on the amount of Customer options business they conduct.\8\ 
Additionally, the dues and fees paid by members go into the general 
funds of the Exchange, a portion of which is used to help pay the costs 
of regulation. The Exchange believes that the proposed ORF is a small 
cost for Customer executions. The Exchange has in place a regulatory 
structure to surveil for, examine and monitor the marketplace for 
violations of Exchange Rules. The ORF assists the Exchange to fund the 
cost of this regulation of the marketplace.
---------------------------------------------------------------------------

    \8\ The ORF is not charged for orders that clear in categories 
other than the Customer range at OCC (e.g., NOM Market Maker orders) 
because members incur the costs of memberships and through their 
memberships are charged transaction fees, dues and other fees that 
go into the general funds of the Exchange, a portion of which is 
used to help pay the costs of regulation.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The Exchange does not believe 
that the proposed rule change will impose any burden on competition not 
necessary or appropriate in furtherance of the purposes of the Act. 
[sic] In terms of inter-market competition, the Exchange notes that it 
operates in a highly competitive market in which market participants 
can readily favor competing venues if they deem fee levels at a 
particular venue to be excessive, or rebate opportunities available at 
other venues to be more favorable. In such an environment, the Exchange 
must continually adjust its fees to remain competitive with other 
exchanges and with alternative trading systems that have been exempted 
from compliance with the statutory standards applicable to exchanges. 
Because competitors are free to modify their own fees in response, and 
because market participants may readily adjust their order routing 
practices, the Exchange believes that the degree to which fee changes 
in this market may impose any burden on competition is extremely 
limited.
    The Exchange does not believe that increasing its ORF creates an 
undue burden on intra-market competition because the adjustment will 
apply to all members on all of their transactions that clear as 
Customer at OCC. The Exchange is obligated to ensure that the amount of 
regulatory revenue collected from the ORF, in combination with its 
other regulatory fees and fines, does not exceed regulatory costs. 
Additionally, the dues and fees paid by members go into the general 
funds of the Exchange, a portion of which is used to help pay the costs 
of regulation. The Exchange's members are subject to ORF on other 
options markets.\9\
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    \9\ The following options exchanges assess an ORF, Chicago Board 
Options Exchange, Incorporated (``CBOE''), C2 Options Exchange, Inc. 
(``C2''), the International Securities Exchange, LLC (``ISE''), NYSE 
Arca, Inc. (``NYSEArca'') and NYSE AMEX LLC (``NYSEAmex''), BATS 
Exchange, Inc. (``BATS'') and The NASDAQ Options Market LLC 
(``NOM'').

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[[Page 48477]]

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Act.\10\
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    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NASDAQ-2016-096 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2016-096. 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-NASDAQ-2016-096, and should 
be submitted on or before August 15, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-17447 Filed 7-22-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                    Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices                                                          48475

                                                  Paper Comments                                             SECURITIES AND EXCHANGE                                    A. Self-Regulatory Organization’s
                                                                                                             COMMISSION                                                 Statement of the Purpose of, and the
                                                    • Send paper comments in triplicate                                                                                 Statutory Basis for, the Proposed Rule
                                                  to Brent J. Fields, Secretary, Securities                                                                             Change
                                                                                                             [Release No. 34–78360; File No. SR–
                                                  and Exchange Commission, 100 F Street
                                                                                                             NASDAQ–2016–096]                                           1. Purpose
                                                  NE., Washington, DC 20549–1090.
                                                                                                             Self-Regulatory Organizations; The                           The Exchange proposes to increase
                                                  All submissions should refer to File No.
                                                                                                             NASDAQ Stock Market LLC; Notice of                         the ORF from $0.0019 to $0.0021 as of
                                                  SR–FINRA–2016–027. This file number
                                                                                                             Filing and Immediate Effectiveness of                      August 1, 2016 to account for a
                                                  should be included on the subject line
                                                                                                             Proposed Rule Change To Make                               reduction in market volume the
                                                  if email is used. To help the                                                                                         Exchange has experienced. The
                                                                                                             Adjustments to Nasdaq’s Options
                                                  Commission process and review your                                                                                    Exchange’s proposed change to the ORF
                                                                                                             Regulatory Fee
                                                  comments more efficiently, please use                                                                                 should balance the Exchange’s
                                                  only one method. The Commission will                       July 19, 2016.                                             regulatory revenue against the
                                                  post all comments on the Commission’s                                                                                 anticipated revenue [sic].
                                                                                                                Pursuant to Section 19(b)(1) of the
                                                  Internet Web site (http://www.sec.gov/                     Securities Exchange Act of 1934
                                                  rules/sro.shtml). Copies of the                                                                                       Background
                                                                                                             (‘‘Act’’), 1 and Rule 19b–4 thereunder,2
                                                  submission, all subsequent                                 notice is hereby given that on July 6,                        The ORF is assessed to each member
                                                  amendments, all written statements                         2016, The NASDAQ Stock Market LLC                          for all options transactions executed or
                                                  with respect to the proposed rule                          (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the                cleared by the member that are cleared
                                                  change that are filed with the                             Securities and Exchange Commission                         at The Options Clearing Corporation
                                                  Commission, and all written                                (‘‘SEC’’ or ‘‘Commission’’) the proposed                   (‘‘OCC’’) in the Customer range (i.e., that
                                                  communications relating to the                             rule change as described in Items I, II,                   clear in the Customer account of the
                                                  proposed rule change between the                           and III, below, which Items have been                      member’s clearing firm at OCC). The
                                                  Commission and any person, other than                      prepared by the Exchange. The                              Exchange monitors the amount of
                                                  those that may be withheld from the                        Commission is publishing this notice to                    revenue collected from the ORF to
                                                  public in accordance with the                              solicit comments on the proposed rule                      ensure that it, in combination with other
                                                  provisions of 5 U.S.C. 552, will be                        change from interested persons.                            regulatory fees and fines, does not
                                                  available for Web site viewing and                                                                                    exceed regulatory costs. The ORF is
                                                                                                             I. Self-Regulatory Organization’s                          imposed upon all transactions executed
                                                  printing in the Commission’s Public                        Statement of the Terms of Substance of                     by a member, even if such transactions
                                                  Reference Room, 100 F Street NE.,                          the Proposed Rule Change                                   do not take place on the Exchange.3 The
                                                  Washington, DC 20549 on official
                                                                                                                                                                        ORF also includes options transactions
                                                  business days between the hours of                            The Exchange proposes to make
                                                                                                                                                                        that are not executed by an Exchange
                                                  10:00 a.m. and 3:00 p.m. Copies of such                    adjustments to its Options Regulatory
                                                                                                                                                                        member but are ultimately cleared by an
                                                  filing also will be available for                          Fee (‘‘ORF’’) by amending NASDAQ
                                                                                                                                                                        Exchange member.4 The ORF is not
                                                  inspection and copying at the principal                    Options Market LLC (‘‘NOM’’) Rules at
                                                                                                                                                                        charged for member proprietary options
                                                  office of FINRA. All comments received                     Chapter XV, Section 5.
                                                                                                                                                                        transactions because members incur the
                                                  will be posted without change; the                            While the changes proposed herein                       costs of owning memberships and
                                                  Commission does not edit personal                          are effective upon filing, the Exchange                    through their memberships are charged
                                                  identifying information from                               has designated the amendments become                       transaction fees, dues and other fees that
                                                  submissions. You should submit only                        operative on August 1, 2016.                               are not applicable to non-members. The
                                                  information that you wish to make                             The text of the proposed rule change                    dues and fees paid by members go into
                                                  available publicly. All submissions                        is available on the Exchange’s Web site                    the general funds of the Exchange, a
                                                  should refer to File No. SR–FINRA–                         at http://nasdaq.cchwallstreet.com, at                     portion of which is used to help pay the
                                                  2016–027, and should be submitted on                       the principal office of the Exchange, and                  costs of regulation. The ORF is collected
                                                  or before August 15, 2016.                                 at the Commission’s Public Reference                       indirectly from members through their
                                                                                                             Room.                                                      clearing firms by OCC on behalf of the
                                                    For the Commission, by the Division of
                                                  Trading and Markets, pursuant to delegated
                                                                                                                                                                        Exchange.
                                                                                                             II. Self-Regulatory Organization’s                            The ORF is designed to recover a
                                                  authority.76                                               Statement of the Purpose of, and                           portion of the costs to the Exchange of
                                                  Robert W. Errett,                                          Statutory Basis for, the Proposed Rule                     the supervision and regulation of its
                                                  Deputy Secretary.                                          Change
                                                  [FR Doc. 2016–17446 Filed 7–22–16; 8:45 am]                                                                              3 The ORF applies to all ‘‘C’’ account origin code
                                                                                                               In its filing with the Commission, the                   orders executed by a member on the Exchange.
                                                  BILLING CODE 8011–01–P
                                                                                                             Exchange included statements                               Exchange Rules require each member to record the
                                                                                                             concerning the purpose of and basis for                    appropriate account origin code on all orders at the
                                                                                                             the proposed rule change and discussed                     time of entry in order to allow the Exchange to
                                                                                                                                                                        properly prioritize and route orders and assess
                                                                                                             any comments it received on the                            transaction fees pursuant to the Rules of the
                                                                                                             proposed rule change. The text of these                    Exchange and report resulting transactions to OCC.
                                                                                                             statements may be examined at the                             4 In the case where one member both executes a

                                                                                                             places specified in Item IV below. The                     transaction and clears the transaction, the ORF is
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                        assessed to the member only once on the execution.
                                                                                                             Exchange has prepared summaries, set                       In the case where one member executes a
                                                                                                             forth in sections A, B, and C below, of                    transaction and a different member clears the
                                                                                                             the most significant aspects of such                       transaction, the ORF is assessed only to the member
                                                                                                             statements.                                                who executes the transaction and is not assessed to
                                                                                                                                                                        the member who clears the transaction. In the case
                                                                                                                                                                        where a non-member executes a transaction and a
                                                                                                                  1 15   U.S.C. 78s(b)(1).                              member clears the transaction, the ORF is assessed
                                                    76 17   CFR 200.30–3(a)(12).                                  2 17   CFR 240.19b–4.                                 to the member who clears the transaction.



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                                                  48476                           Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices

                                                  members, including performing routine                    anticipated regulatory costs. While these               marketplace for violations of Exchange
                                                  surveillances, investigations,                           adjustments result in an increase, the                  Rules. The ORF assists the Exchange to
                                                  examinations, financial monitoring, and                  increase is modest and within the range                 fund the cost of this regulation of the
                                                  policy, rulemaking, interpretive, and                    of ORFs assessed by other options                       marketplace.
                                                  enforcement activities. The Exchange                     exchanges.
                                                  believes that revenue generated from the                    The Exchange believes that amending                  B. Self-Regulatory Organization’s
                                                  ORF, when combined with all of the                       the ORF from $0.0019 to $0.0021 as of                   Statement on Burden on Competition
                                                  Exchange’s other regulatory fees, will                   August 1, 2016 is equitable and not
                                                                                                           unfairly discriminatory because this                       The Exchange does not believe that
                                                  cover a material portion, but not all, of
                                                                                                           adjustment would be applicable to all                   the proposed rule change will impose
                                                  the Exchange’s regulatory costs. The
                                                                                                           members on all of their transactions that               any burden on competition not
                                                  Exchange will continue to monitor the
                                                  amount of revenue collected from the                     clear as Customer at OCC. In addition,                  necessary or appropriate in furtherance
                                                  ORF to ensure that it, in combination                    the ORF seeks to recover the costs of                   of the purposes of the Act. The
                                                  with its other regulatory fees and fines,                supervising and regulating members,                     Exchange does not believe that the
                                                  does not exceed regulatory costs. If the                 including performing routine                            proposed rule change will impose any
                                                  Exchange determines regulatory                           surveillances, investigations,                          burden on competition not necessary or
                                                  revenues exceed regulatory costs, the                    examinations, financial monitoring, and                 appropriate in furtherance of the
                                                  Exchange will adjust the ORF by                          policy, rulemaking, interpretive, and                   purposes of the Act. [sic] In terms of
                                                  submitting a fee change filing to the                    enforcement activities.                                 inter-market competition, the Exchange
                                                  Commission.                                                 The ORF is not charged for member                    notes that it operates in a highly
                                                                                                           proprietary options transactions because                competitive market in which market
                                                  ORF Adjustments                                          members incur the costs of owning                       participants can readily favor competing
                                                    The Exchange is proposing to increase                  memberships and through their                           venues if they deem fee levels at a
                                                  the ORF from $0.0019 to $0.0021 as of                    memberships are charged transaction                     particular venue to be excessive, or
                                                  August 1, 2016. In light of recent market                fees, dues and other fees that are not                  rebate opportunities available at other
                                                  volumes, the Exchange is proposing to                    applicable to non-members. Moreover,                    venues to be more favorable. In such an
                                                  change the amount of ORF that will be                    the Exchange believes the ORF ensures                   environment, the Exchange must
                                                  collected by the Exchange. The                           fairness by assessing higher fees to those
                                                                                                                                                                   continually adjust its fees to remain
                                                  Exchange regularly reviews its ORF to                    members that require more Exchange
                                                                                                                                                                   competitive with other exchanges and
                                                  ensure that the ORF, in combination                      regulatory services based on the amount
                                                                                                           of Customer options business they                       with alternative trading systems that
                                                  with its other regulatory fees and fines,
                                                                                                           conduct.                                                have been exempted from compliance
                                                  does not exceed regulatory costs. The
                                                  Exchange believes this adjustment will                      Regulating Customer trading activity                 with the statutory standards applicable
                                                  permit the Exchange to cover a material                  is more labor intensive and requires                    to exchanges. Because competitors are
                                                  portion of its regulatory costs, while not               greater expenditure of human and                        free to modify their own fees in
                                                  exceeding regulatory costs.                              technical resources than regulating non-                response, and because market
                                                    The Exchange notified members of                       Customer trading activity. Surveillance,                participants may readily adjust their
                                                  this ORF adjustment thirty (30) calendar                 regulation and examination of non-                      order routing practices, the Exchange
                                                  days prior to the proposed operative                     Customer trading activity generally                     believes that the degree to which fee
                                                  date.5                                                   tends to be more automated and less                     changes in this market may impose any
                                                                                                           labor intensive. As a result, the costs                 burden on competition is extremely
                                                  2. Statutory Basis                                       associated with administering the                       limited.
                                                     The Exchange believes that its                        Customer component of the Exchange’s                       The Exchange does not believe that
                                                  proposal is consistent with Section 6(b)                 overall regulatory program are
                                                  of the Act 6 in general, and furthers the                                                                        increasing its ORF creates an undue
                                                                                                           anticipated to be higher than the costs
                                                  objectives of Sections 6(b)(4) and 6(b)(5)                                                                       burden on intra-market competition
                                                                                                           associated with administering the non-
                                                  of the Act 7 in particular, in that it                                                                           because the adjustment will apply to all
                                                                                                           Customer component of its regulatory
                                                  provides for the equitable allocation of                 program. The Exchange proposes                          members on all of their transactions that
                                                  reasonable dues, fees and other charges                  assessing higher fees to those members                  clear as Customer at OCC. The Exchange
                                                  among members and issuers and other                      that will require more Exchange                         is obligated to ensure that the amount of
                                                  persons using any facility or system                     regulatory services based on the amount                 regulatory revenue collected from the
                                                  which the Exchange operates or                           of Customer options business they                       ORF, in combination with its other
                                                  controls, and is not designed to permit                  conduct.8 Additionally, the dues and                    regulatory fees and fines, does not
                                                  unfair discrimination between                            fees paid by members go into the                        exceed regulatory costs. Additionally,
                                                  customers, issuers, brokers, or dealers.                 general funds of the Exchange, a portion                the dues and fees paid by members go
                                                     The Exchange believes that increasing                 of which is used to help pay the costs                  into the general funds of the Exchange,
                                                  the ORF from $0.0019 to $0.0021 as of                    of regulation. The Exchange believes                    a portion of which is used to help pay
                                                  August 1, 2016 is reasonable because                     that the proposed ORF is a small cost for               the costs of regulation. The Exchange’s
                                                  the Exchange’s collection of ORF needs                   Customer executions. The Exchange has                   members are subject to ORF on other
                                                  to be balanced against the amount of                     in place a regulatory structure to surveil              options markets.9
                                                  regulatory revenue collected by the                      for, examine and monitor the
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Exchange. The Exchange believes that                                                                                9 The following options exchanges assess an ORF,
                                                  the proposed adjustments noted herein                         8 The
                                                                                                                    ORF is not charged for orders that clear in    Chicago Board Options Exchange, Incorporated
                                                  will serve to balance the Exchange’s                     categories other than the Customer range at OCC
                                                                                                                                                                   (‘‘CBOE’’), C2 Options Exchange, Inc. (‘‘C2’’), the
                                                  regulatory revenue against the                           (e.g., NOM Market Maker orders) because members
                                                                                                           incur the costs of memberships and through their        International Securities Exchange, LLC (‘‘ISE’’),
                                                                                                           memberships are charged transaction fees, dues and      NYSE Arca, Inc. (‘‘NYSEArca’’) and NYSE AMEX
                                                    5 See Options Trader Alert #2016–16.                                                                           LLC (‘‘NYSEAmex’’), BATS Exchange, Inc.
                                                                                                           other fees that go into the general funds of the
                                                    6 15 U.S.C. 78f(b).                                                                                            (‘‘BATS’’) and The NASDAQ Options Market LLC
                                                                                                           Exchange, a portion of which is used to help pay
                                                    7 15 U.S.C. 78f(b)(4) and (5).                         the costs of regulation.                                (‘‘NOM’’).



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                                                                                       Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices                                                    48477

                                                  C. Self-Regulatory Organization’s                           those that may be withheld from the                     I. Self-Regulatory Organization’s
                                                  Statement on Comments on the                                public in accordance with the                           Statement of the Terms of the Substance
                                                  Proposed Rule Change Received From                          provisions of 5 U.S.C. 552, will be                     of the Proposed Rule Change
                                                  Members, Participants, or Others                            available for Web site viewing and
                                                                                                              printing in the Commission’s Public                       The Exchange proposes to amend
                                                    No written comments were either
                                                                                                              Reference Room, 100 F Street NE.,                       NYSE Arca Equities Rule 1.1(ggP) to
                                                  solicited or received.
                                                                                                                                                                      establish an Official Closing Price for
                                                                                                              Washington, DC 20549, on official
                                                  III. Date of Effectiveness of the                                                                                   Exchange-listed securities if the
                                                                                                              business days between the hours of
                                                  Proposed Rule Change and Timing for                                                                                 Exchange is unable to conduct a Closing
                                                  Commission Action                                           10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                                                                                      Auction. The proposed rule change is
                                                                                                              filing also will be available for                       available on the Exchange’s Web site at
                                                     The foregoing rule change has become                     inspection and copying at the principal
                                                  effective pursuant to Section                                                                                       www.nyse.com, at the principal office of
                                                                                                              office of the Exchange. All comments                    the Exchange, and at the Commission’s
                                                  19(b)(3)(A)(ii) of the Act.10                               received will be posted without change;
                                                     At any time within 60 days of the                                                                                Public Reference Room.
                                                  filing of the proposed rule change, the                     the Commission does not edit personal
                                                                                                              identifying information from                            II. Self-Regulatory Organization’s
                                                  Commission summarily may
                                                                                                              submissions. You should submit only                     Statement of the Purpose of, and
                                                  temporarily suspend such rule change if
                                                                                                              information that you wish to make                       Statutory Basis for, the Proposed Rule
                                                  it appears to the Commission that such
                                                                                                              available publicly. All submissions                     Change
                                                  action is: (i) Necessary or appropriate in
                                                  the public interest; (ii) for the protection                should refer to File Number SR–                           In its filing with the Commission, the
                                                  of investors; or (iii) otherwise in                         NASDAQ–2016–096, and should be                          self-regulatory organization included
                                                  furtherance of the purposes of the Act.                     submitted on or before August 15, 2016.                 statements concerning the purpose of,
                                                  If the Commission takes such action, the                      For the Commission, by the Division of                and basis for, the proposed rule change
                                                  Commission shall institute proceedings                      Trading and Markets, pursuant to delegated              and discussed any comments it received
                                                  to determine whether the proposed rule                      authority.11                                            on the proposed rule change. The text
                                                  should be approved or disapproved.                                                                                  of those statements may be examined at
                                                                                                              Robert W. Errett,
                                                  IV. Solicitation of Comments                                Deputy Secretary.                                       the places specified in Item IV below.
                                                    Interested persons are invited to                         [FR Doc. 2016–17447 Filed 7–22–16; 8:45 am]
                                                                                                                                                                      The Exchange has prepared summaries,
                                                  submit written data, views, and                                                                                     set forth in sections A, B, and C below,
                                                                                                              BILLING CODE 8011–01–P
                                                  arguments concerning the foregoing,                                                                                 of the most significant parts of such
                                                  including whether the proposed rule                                                                                 statements.
                                                  change is consistent with the Act.                          SECURITIES AND EXCHANGE                                 A. Self-Regulatory Organization’s
                                                  Comments may be submitted by any of                         COMMISSION                                              Statement of the Purpose of, and
                                                  the following methods:                                                                                              Statutory Basis for, the Proposed Rule
                                                  Electronic Comments                                         [Release No. 34–78357; File No. SR–                     Change
                                                                                                              NYSEArca–2016–94]
                                                    • Use the Commission’s Internet                                                                                   1. Purpose
                                                  comment form (http://www.sec.gov/                           Self-Regulatory Organizations; NYSE
                                                  rules/sro.shtml); or                                                                                                   The Exchange is proposing to amend
                                                                                                              Arca, Inc.; Notice of Filing and                        its rules to specify back-up procedures
                                                    • Send an email to rule-comments@
                                                  sec.gov. Please include File Number SR–                     Immediate Effectiveness of Proposed                     for determining an Official Closing Price
                                                  NASDAQ–2016–096 on the subject line.                        Rule Change Amending NYSE Arca                          for Exchange-listed securities if it is
                                                                                                              Equities Rule 1.1 To Establish an                       unable to conduct a Closing Auction in
                                                  Paper Comments                                              Official Closing Price for Exchange-                    one or more securities due to a systems
                                                     • Send paper comments in triplicate                      Listed Securities if the Exchange Is                    or technical issue.4 Specifically, the
                                                  to Secretary, Securities and Exchange                       Unable To Conduct a Closing Auction                     Exchange proposes to amend NYSE
                                                  Commission, 100 F Street NE.,                                                                                       Arca Equities Rule 1.1(ggP) (‘‘Rule
                                                  Washington, DC 20549–1090.                                  July 19, 2016.                                          1.1(ggP)’’) to establish an Official
                                                  All submissions should refer to File                           Pursuant to Section 19(b)(1) 1 of the                Closing Price for Exchange-listed
                                                  Number SR–NASDAQ–2016–096. This                             Securities Exchange Act of 1934 (the                    securities if the Exchange is impaired.
                                                  file number should be included on the                       ‘‘Act’’),2 and Rule 19b–4 thereunder,3                     The proposed changes are based on
                                                  subject line if email is used. To help the                  notice is hereby given that on July 6,                  approved rules of the New York Stock
                                                  Commission process and review your                          2016, NYSE Arca, Inc. (the ‘‘Exchange’’                 Exchange, LLC (‘‘NYSE’’) and NYSE
                                                  comments more efficiently, please use                       or ‘‘NYSE Arca’’) filed with the                        MKT LLC (‘‘NYSE MKT’’).5 Those
                                                  only one method. The Commission will                        Securities and Exchange Commission                      markets, together with the Exchange and
                                                  post all comments on the Commission’s                       (the ‘‘Commission’’) the proposed rule                  the NASDAQ Stock Market LLC
                                                  Internet Web site (http://www.sec.gov/                      change as described in Items I and II                   (‘‘Nasdaq’’), developed the back-up
                                                  rules/sro.shtml). Copies of the                             below, which Items have been prepared                   procedures after taking into
                                                  submission, all subsequent                                  by the self-regulatory organization. The                consideration feedback from discussions
                                                  amendments, all written statements                          Commission is publishing this notice to                 with industry participants, including
                                                  with respect to the proposed rule
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                              solicit comments on the proposed rule
                                                  change that are filed with the                                                                                         4 See New York Stock Exchange press release
                                                                                                              change from interested persons.
                                                  Commission, and all written                                                                                         dated July 22, 2015, available here: http://
                                                  communications relating to the                                                                                      ir.theice.com/press-and-publications/press-
                                                                                                                                                                      releases/all-categories/2015/07-22-2015.aspx.
                                                  proposed rule change between the                                 11 17 CFR 200.30–3(a)(12).
                                                                                                                                                                         5 See Securities Exchange Act Release No. 78015
                                                  Commission and any person, other than                            1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                      (June 8, 2016), 81 FR 38747 (June 14, 2016) (SR–
                                                                                                                   2 15 U.S.C. 78a.
                                                                                                                                                                      NYSE–2016–18) and (SR–NYSEMKT–2016–31)
                                                    10 15   U.S.C. 78s(b)(3)(A)(ii).                               3 17 CFR 240.19b–4.                                (‘‘OCP Approval Order’’).



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Document Created: 2016-07-23 02:00:52
Document Modified: 2016-07-23 02:00:52
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 48475 

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