81_FR_67602 81 FR 67412 - Self-Regulatory Organizations; National Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Fee and Rebate Schedule To Create a Liquidity-Adding Volume Threshold To Benefit From the Current Liquidity Taking Fee in Securities Priced $1.00 or Greater

81 FR 67412 - Self-Regulatory Organizations; National Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Fee and Rebate Schedule To Create a Liquidity-Adding Volume Threshold To Benefit From the Current Liquidity Taking Fee in Securities Priced $1.00 or Greater

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 190 (September 30, 2016)

Page Range67412-67414
FR Document2016-23610

Federal Register, Volume 81 Issue 190 (Friday, September 30, 2016)
[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Notices]
[Pages 67412-67414]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23610]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78931; File No. SR-NSX-2016-11]


Self-Regulatory Organizations; National Stock Exchange, Inc.; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Amend the Fee and Rebate Schedule To Create a Liquidity-Adding Volume 
Threshold To Benefit From the Current Liquidity Taking Fee in 
Securities Priced $1.00 or Greater

September 26, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on September 20, 2016, National Stock Exchange, Inc. (``NSX'' or 
the ``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change, as described in Items I, II, 
and III below, which Items have been prepared by the Exchange. The 
Commission is publishing this notice to solicit 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 is proposing to amend its Fee and Rebate Schedule (the 
``Fee Schedule''), issued pursuant to Exchange Rule 16.1, to: (1) 
Create a monthly, liquidity-adding volume threshold that Equity Trading 
Permit (``ETP'') Holders \3\ will be required to meet to continue to 
pay for [sic] the current liquidity-taking fee in securities priced 
$1.00 or greater and establish a different, higher liquidity-taking fee 
for ETP Holders that do not meet the new volume threshold; and (2) make 
ministerial changes to the Fee Schedule.
---------------------------------------------------------------------------

    \3\ Exchange Rule 1.5E(1) defines ``ETP'' as the Equity Trading 
Permit issued by the Exchange for effecting approved securities 
transactions on the Exchange's trading facilities.
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    The text of the proposed rule change is available on the Exchange's 
Web site at http://www.nsx.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Fee Schedule, issued pursuant to 
Rule 16.1, with the goal of maximizing the effectiveness of its 
business model and continuing to provide ETP Holders a cost-effective 
execution venue. To further incentivize ETP Holders to post liquidity 
on the NSX Book,\4\ the Exchange is proposing to create a monthly, 
liquidity-adding volume threshold that an ETP Holder must reach to 
continue to pay the current liquidity-taking fee for securities priced 
$1.00 or greater. The Exchange proposes to adopt a different, higher 
liquidity-taking fee for ETP Holders that do not meet the new 
liquidity-adding volume threshold.
---------------------------------------------------------------------------

    \4\ Exchange Rule 1.5N(1) defines ``NSX Book'' as the trading 
systems' electronic file of orders.
---------------------------------------------------------------------------

    Currently, the Exchange charges ETP Holders $0.0003 per share 
executed for liquidity-taking orders in symbols priced at $1.00 or 
greater. The Exchange proposes to amend its fee schedule to add 
language in the Transaction Fees and Rebates section of the Fee 
Schedule and an Explanatory Note 1 which will create two different 
price structures depending on the amount of liquidity that an ETP 
Holder adds on the Exchange. Specifically, the Exchange will charge the 
current ``taker'' fee of $0.0003 per executed share for any marketable 
liquidity-removing order in securities priced at $1.00 or greater to 
any ETP Holder that executes at least 50,000 shares of liquidity-adding 
volume during a calendar month. An ETP Holder that does not execute at 
least 50,000 shares of liquidity-adding volume during a calendar month 
will be charged $0.0030 per executed share for any liquidity-removing 
order in securities priced at $1.00 or greater. After each calendar 
month, the Exchange will calculate the number of shares of liquidity-
adding volume that each ETP Holder executed and apply the appropriate 
fee for the ETP Holder's liquidity-taking executions that calendar 
month.
    The Exchange also proposes to make the ministerial change of 
adjusting the numbering for Explanatory Notes in light of the addition 
of proposed Explanatory Note 1.
    Pursuant to Exchange Rule 16.1(c), the Exchange will ``provide ETP 
Holders with notice of all relevant dues, fees, assessments and charges 
of the Exchange'' through the issuance of an Information Circular and 
will post the Fee Schedule and the instant rule filing on the 
Exchange's Web site, www.nsx.com.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6(b) of the Act,\5\ in general and, in 
particular, Section 6(b)(4) of the Act,\6\ which requires that the 
rules of a national securities exchange provide for the equitable 
allocation of reasonable dues, fees, and other charges among its 
members and issuers and other persons using its facilities. The 
proposed rule change is also consistent with Section 6(b)(5) of the 
Act,\7\ which requires, among other things, that the rules of a 
national securities exchange not permit unfair discrimination between 
customers, issuers, brokers, or dealers, and be designed to promote 
just and equitable principles of trade, to remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange submits that the proposed liquidity-adding volume

[[Page 67413]]

threshold and associated fee are reasonable and equitable, as required 
by Section 6(b)(4) of the Act. The Exchange believes that the volume 
thresholds are reasonable because they have been set at achievable 
levels that will incentivize ETP Holders trading on the Exchange to add 
a greater amount of liquidity to the Exchange. This will result in 
greater price discovery and price improvement for ETP Holders and 
market participants. Further, the proposed ``taker'' fee of $0.0030 per 
share for securities priced $1.00 or greater is reasonable because it 
is within the range of fees that other exchanges charge per executed 
share for orders removing liquidity in securities priced $1.00 or 
greater.\8\
---------------------------------------------------------------------------

    \8\ See, e.g., Bats BZX Exchange, Inc. (``BZX'') Fee Schedule 
and the Fee Schedule of the Chicago Stock Exchange, Inc. (``CHX''). 
As of September 2016, both BZX and CHX charge a fee of $0.0030 per 
executed share for orders removing liquidity in securities priced 
$1.00 or greater.
---------------------------------------------------------------------------

    The liquidity-adding volume threshold is equitable because each ETP 
Holder has the same opportunity to post liquidity on the Exchange 
totaling 50,000 shares in order to continue to pay the current $0.0003 
per share ``taker'' fee, as opposed to the new, higher taker fee. Thus, 
the Fee Schedule provides for an equitable program which, the Exchange 
believes, will operate to encourage increased quoting and trading by 
ETP Holders on the Exchange. The Exchange notes that in the past it has 
offered, as a part of its Fee Schedule, a similar minimum, liquidity-
adding volume threshold to qualify for a more advantageous ``taker'' 
fee.\9\
---------------------------------------------------------------------------

    \9\ The Exchange has utilized a similar program as a part of its 
Fee Schedule in the past. That program provided that ``[e]ach ETP 
Holder will be charged $0.0030 per share for any marketable order 
that removes liquidity unless the ETP Holder executes at least 
50,000 shares of liquidity-adding volume in Auto-Ex Mode per 
month.'' See Securities Exchange Act Release No. 67816 (September 
10, 2012), 77 FR 56886 (September 14, 2012) SR-NSX-2012-14). The 
Exchange notes that, when this program was previously in effect, the 
majority of ETP Holders trading on the Exchange qualified for the 
lower fee tier.
---------------------------------------------------------------------------

    The Exchange further submits that its proposal that ETP Holders 
must attain at least 50,000 shares of executed liquidity-adding volume 
in a calendar month to benefit from the lower ``take'' fee of $0.0003 
satisfies the requirements of Section 6(b)(5) of the Act in that it 
does not permit unfair discrimination between customers, issuers, 
brokers, or dealers, is designed to promote just and equitable 
principles of trade, to remove impediments to and perfect the mechanism 
of a free and open market and a national market system. Under the 
proposed changes to the Fee Schedule, all ETP Holders executing orders 
on the Exchange will have the same opportunity to qualify for the lower 
priced fee tier through their trading activity adding liquidity on the 
Exchange, and such changes are thereby designed to meet the 
requirements of the Section 6(b)(5) that the rules of the Exchange not 
permit unfair discrimination among ETP Holders and their customers. The 
Exchange notes that, at present, approximately a dozen ETP Holders 
would meet the volume threshold of 50,000 shares of liquidity-adding 
volume to qualify for the current taker fee of $0.0003 per executed 
share.
    The Exchange submits that the proposal will promote just and 
equitable principles of trade by providing a reasonable and attainable 
volume threshold that will potentially attract more displayed volume on 
the Exchange. Incentivizing ETP Holders to add more liquidity on the 
Exchange would inure to the benefit of all market participants seeking 
additional execution opportunities. In this regard, the proposed Fee 
Schedule will promote just and equitable principles of trade and 
operate to remove impediments to and perfect the mechanism of a free 
and open market and a national market system under Section 6(b)(5).

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Exchange Act. The proposed 
changes will enhance rather than burden competition by operating to 
incentivize increased liquidity and improve execution quality on the 
Exchange through reasonable and equitably allocated economic 
incentives.

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

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

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

    The proposed rule change has taken effect upon filing pursuant to 
Section 19(b)(3)(A)(ii) of the Act \10\ and subparagraph (f)(2) of Rule 
19b-4.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NSX-2016-11 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NSX-2016-11. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NSX-2016-11 and should be 
submitted on or before October 21, 2016.


[[Page 67414]]


    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2016-23610 Filed 9-29-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                  67412                       Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices

                                                  Reference Room, 100 F Street NE.,                       threshold that Equity Trading Permit                  and an Explanatory Note 1 which will
                                                  Washington, DC 20549 on official                        (‘‘ETP’’) Holders 3 will be required to               create two different price structures
                                                  business days between the hours of                      meet to continue to pay for [sic] the                 depending on the amount of liquidity
                                                  10:00 a.m. and 3:00 p.m. Copies of such                 current liquidity-taking fee in securities            that an ETP Holder adds on the
                                                  filing also will be available for                       priced $1.00 or greater and establish a               Exchange. Specifically, the Exchange
                                                  inspection and copying at the principal                 different, higher liquidity-taking fee for            will charge the current ‘‘taker’’ fee of
                                                  office of the Exchange. All comments                    ETP Holders that do not meet the new                  $0.0003 per executed share for any
                                                  received will be posted without change;                 volume threshold; and (2) make                        marketable liquidity-removing order in
                                                  the Commission does not edit personal                   ministerial changes to the Fee Schedule.              securities priced at $1.00 or greater to
                                                  identifying information from                               The text of the proposed rule change               any ETP Holder that executes at least
                                                  submissions. You should submit only                     is available on the Exchange’s Web site               50,000 shares of liquidity-adding
                                                  information that you wish to make                       at http://www.nsx.com, at the principal               volume during a calendar month. An
                                                  available publicly. All submissions                     office of the Exchange, and at the                    ETP Holder that does not execute at
                                                  should refer to File Number SR–CBOE–                    Commission’s Public Reference Room.                   least 50,000 shares of liquidity-adding
                                                  2016–070, and should be submitted on                                                                          volume during a calendar month will be
                                                  or before October 21, 2016.                             II. Self-Regulatory Organization’s                    charged $0.0030 per executed share for
                                                                                                          Statement of the Purpose of, and                      any liquidity-removing order in
                                                    For the Commission, by the Division of                Statutory Basis for, the Proposed Rule
                                                  Trading and Markets, pursuant to delegated                                                                    securities priced at $1.00 or greater.
                                                  authority.11
                                                                                                          Change                                                After each calendar month, the
                                                  Brent J. Fields,                                          In its filing with the Commission, the              Exchange will calculate the number of
                                                  Secretary.                                              Exchange included statements                          shares of liquidity-adding volume that
                                                  [FR Doc. 2016–23609 Filed 9–29–16; 8:45 am]             concerning the purpose of and basis for               each ETP Holder executed and apply
                                                  BILLING CODE 8011–01–P
                                                                                                          the proposed rule change and discussed                the appropriate fee for the ETP Holder’s
                                                                                                          any comments it received on the                       liquidity-taking executions that calendar
                                                                                                          proposed rule change. The text of these               month.
                                                  SECURITIES AND EXCHANGE                                 statements may be examined at the                        The Exchange also proposes to make
                                                  COMMISSION                                              places specified in Item IV below. The                the ministerial change of adjusting the
                                                                                                          Exchange has prepared summaries, set                  numbering for Explanatory Notes in
                                                  [Release No. 34–78931; File No. SR–NSX–                 forth in sections A, B, and C below, of               light of the addition of proposed
                                                  2016–11]
                                                                                                          the most significant parts of such                    Explanatory Note 1.
                                                  Self-Regulatory Organizations;                          statements.                                              Pursuant to Exchange Rule 16.1(c),
                                                  National Stock Exchange, Inc.; Notice                                                                         the Exchange will ‘‘provide ETP Holders
                                                                                                          A. Self-Regulatory Organization’s                     with notice of all relevant dues, fees,
                                                  of Filing and Immediate Effectiveness                   Statement of the Purpose of, and
                                                  of Proposed Rule Change To Amend                                                                              assessments and charges of the
                                                                                                          Statutory Basis for, the Proposed Rule                Exchange’’ through the issuance of an
                                                  the Fee and Rebate Schedule To                          Change
                                                  Create a Liquidity-Adding Volume                                                                              Information Circular and will post the
                                                  Threshold To Benefit From the Current                   1. Purpose                                            Fee Schedule and the instant rule filing
                                                  Liquidity Taking Fee in Securities                                                                            on the Exchange’s Web site,
                                                                                                             The Exchange proposes to amend its
                                                  Priced $1.00 or Greater                                                                                       www.nsx.com.
                                                                                                          Fee Schedule, issued pursuant to Rule
                                                                                                          16.1, with the goal of maximizing the                 2. Statutory Basis
                                                  September 26, 2016.
                                                                                                          effectiveness of its business model and                  The Exchange believes that the
                                                     Pursuant to Section 19(b)(1) of the
                                                                                                          continuing to provide ETP Holders a                   proposed rule change is consistent with
                                                  Securities Exchange Act of 1934 (the
                                                                                                          cost-effective execution venue. To                    the provisions of Section 6(b) of the
                                                  ‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                                                                                          further incentivize ETP Holders to post               Act,5 in general and, in particular,
                                                  notice is hereby given that on
                                                                                                          liquidity on the NSX Book,4 the                       Section 6(b)(4) of the Act,6 which
                                                  September 20, 2016, National Stock
                                                                                                          Exchange is proposing to create a                     requires that the rules of a national
                                                  Exchange, Inc. (‘‘NSX’’ or the
                                                                                                          monthly, liquidity-adding volume                      securities exchange provide for the
                                                  ‘‘Exchange’’) filed with the Securities
                                                                                                          threshold that an ETP Holder must                     equitable allocation of reasonable dues,
                                                  and Exchange Commission
                                                                                                          reach to continue to pay the current                  fees, and other charges among its
                                                  (‘‘Commission’’) the proposed rule
                                                                                                          liquidity-taking fee for securities priced            members and issuers and other persons
                                                  change, as described in Items I, II, and
                                                                                                          $1.00 or greater. The Exchange proposes               using its facilities. The proposed rule
                                                  III below, which Items have been
                                                                                                          to adopt a different, higher liquidity-               change is also consistent with Section
                                                  prepared by the Exchange. The
                                                                                                          taking fee for ETP Holders that do not                6(b)(5) of the Act,7 which requires,
                                                  Commission is publishing this notice to
                                                                                                          meet the new liquidity-adding volume                  among other things, that the rules of a
                                                  solicit comments on the proposed rule
                                                                                                          threshold.                                            national securities exchange not permit
                                                  change from interested persons.
                                                                                                             Currently, the Exchange charges ETP                unfair discrimination between
                                                  I. Self-Regulatory Organization’s                       Holders $0.0003 per share executed for                customers, issuers, brokers, or dealers,
                                                  Statement of the Terms of Substance of                  liquidity-taking orders in symbols                    and be designed to promote just and
                                                  the Proposed Rule Change                                priced at $1.00 or greater. The Exchange              equitable principles of trade, to remove
                                                     The Exchange is proposing to amend                   proposes to amend its fee schedule to                 impediments to and perfect the
                                                                                                          add language in the Transaction Fees
mstockstill on DSK3G9T082PROD with NOTICES




                                                  its Fee and Rebate Schedule (the ‘‘Fee                                                                        mechanism of a free and open market
                                                  Schedule’’), issued pursuant to                         and Rebates section of the Fee Schedule               and a national market system.
                                                  Exchange Rule 16.1, to: (1) Create a                                                                             The Exchange submits that the
                                                                                                             3 Exchange Rule 1.5E(1) defines ‘‘ETP’’ as the
                                                  monthly, liquidity-adding volume                        Equity Trading Permit issued by the Exchange for
                                                                                                                                                                proposed liquidity-adding volume
                                                                                                          effecting approved securities transactions on the
                                                    11 17 CFR 200.30–3(a)(12).                                                                                    5 15 U.S.C. 78f(b).
                                                                                                          Exchange’s trading facilities.
                                                    1 15 U.S.C. 78s(b)(1).                                   4 Exchange Rule 1.5N(1) defines ‘‘NSX Book’’ as      6 15 U.S.C. 78f(b)(4).
                                                    2 17 CFR 240.19b–4.                                   the trading systems’ electronic file of orders.         7 15 U.S.C. 78f(b)(5).




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                                                                              Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices                                             67413

                                                  threshold and associated fee are                        all ETP Holders executing orders on the                  Commission summarily may
                                                  reasonable and equitable, as required by                Exchange will have the same                              temporarily suspend such rule change if
                                                  Section 6(b)(4) of the Act. The Exchange                opportunity to qualify for the lower                     it appears to the Commission that such
                                                  believes that the volume thresholds are                 priced fee tier through their trading                    action is necessary or appropriate in the
                                                  reasonable because they have been set at                activity adding liquidity on the                         public interest, for the protection of
                                                  achievable levels that will incentivize                 Exchange, and such changes are thereby                   investors, or otherwise in furtherance of
                                                  ETP Holders trading on the Exchange to                  designed to meet the requirements of                     the purposes of the Act.
                                                  add a greater amount of liquidity to the                the Section 6(b)(5) that the rules of the                IV. Solicitation of Comments
                                                  Exchange. This will result in greater                   Exchange not permit unfair
                                                  price discovery and price improvement                   discrimination among ETP Holders and                       Interested persons are invited to
                                                  for ETP Holders and market                              their customers. The Exchange notes                      submit written data, views and
                                                  participants. Further, the proposed                     that, at present, approximately a dozen                  arguments concerning the foregoing,
                                                  ‘‘taker’’ fee of $0.0030 per share for                  ETP Holders would meet the volume                        including whether the proposed rule
                                                  securities priced $1.00 or greater is                   threshold of 50,000 shares of liquidity-                 change is consistent with the Act.
                                                  reasonable because it is within the range               adding volume to qualify for the current                 Comments may be submitted by any of
                                                  of fees that other exchanges charge per                 taker fee of $0.0003 per executed share.                 the following methods:
                                                  executed share for orders removing                         The Exchange submits that the                         Electronic Comments
                                                  liquidity in securities priced $1.00 or                 proposal will promote just and equitable
                                                  greater.8                                               principles of trade by providing a                         • Use the Commission’s Internet
                                                     The liquidity-adding volume                                                                                   comment form (http://www.sec.gov/
                                                                                                          reasonable and attainable volume
                                                  threshold is equitable because each ETP                                                                          rules/sro.shtml); or
                                                                                                          threshold that will potentially attract
                                                                                                                                                                     • Send an email to rule-comments@
                                                  Holder has the same opportunity to post                 more displayed volume on the                             sec.gov. Please include File Number SR–
                                                  liquidity on the Exchange totaling                      Exchange. Incentivizing ETP Holders to                   NSX–2016–11 on the subject line.
                                                  50,000 shares in order to continue to                   add more liquidity on the Exchange
                                                  pay the current $0.0003 per share                       would inure to the benefit of all market                 Paper Comments
                                                  ‘‘taker’’ fee, as opposed to the new,                   participants seeking additional                             • Send paper comments in triplicate
                                                  higher taker fee. Thus, the Fee Schedule                execution opportunities. In this regard,                 to Secretary, Securities and Exchange
                                                  provides for an equitable program                       the proposed Fee Schedule will promote                   Commission, 100 F Street NE.,
                                                  which, the Exchange believes, will                      just and equitable principles of trade                   Washington, DC 20549–1090.
                                                  operate to encourage increased quoting                  and operate to remove impediments to                     All submissions should refer to File
                                                  and trading by ETP Holders on the                       and perfect the mechanism of a free and                  Number SR–NSX–2016–11. This file
                                                  Exchange. The Exchange notes that in                    open market and a national market                        number should be included on the
                                                  the past it has offered, as a part of its               system under Section 6(b)(5).                            subject line if email is used. To help the
                                                  Fee Schedule, a similar minimum,                                                                                 Commission process and review your
                                                  liquidity-adding volume threshold to                    B. Self-Regulatory Organization’s
                                                                                                          Statement on Burden on Competition                       comments more efficiently, please use
                                                  qualify for a more advantageous ‘‘taker’’                                                                        only one method. The Commission will
                                                  fee.9                                                      The Exchange does not believe that                    post all comments on the Commission’s
                                                     The Exchange further submits that its                the proposed rule change will impose                     Internet Web site (http://www.sec.gov/
                                                  proposal that ETP Holders must attain at                any burden on competition that is not                    rules/sro.shtml). Copies of the
                                                  least 50,000 shares of executed                         necessary or appropriate in furtherance                  submission, all subsequent
                                                  liquidity-adding volume in a calendar                   of the purposes of the Exchange Act.                     amendments, all written statements
                                                  month to benefit from the lower ‘‘take’’                The proposed changes will enhance                        with respect to the proposed rule
                                                  fee of $0.0003 satisfies the requirements               rather than burden competition by                        change that are filed with the
                                                  of Section 6(b)(5) of the Act in that it                operating to incentivize increased                       Commission, and all written
                                                  does not permit unfair discrimination                   liquidity and improve execution quality                  communications relating to the
                                                  between customers, issuers, brokers, or                 on the Exchange through reasonable and                   proposed rule change between the
                                                  dealers, is designed to promote just and                equitably allocated economic                             Commission and any person, other than
                                                  equitable principles of trade, to remove                incentives.                                              those that may be withheld from the
                                                  impediments to and perfect the                                                                                   public in accordance with the
                                                                                                          C. Self-Regulatory Organization’s
                                                  mechanism of a free and open market                                                                              provisions of 5 U.S.C. 552, will be
                                                                                                          Statement on Comments on the
                                                  and a national market system. Under the                                                                          available for Web site viewing and
                                                                                                          Proposed Rule Change Received From
                                                  proposed changes to the Fee Schedule,                                                                            printing in the Commission’s Public
                                                                                                          Members, Participants, or Others
                                                     8 See, e.g., Bats BZX Exchange, Inc. (‘‘BZX’’) Fee     The Exchange has neither solicited                     Reference Room, 100 F Street NE.,
                                                  Schedule and the Fee Schedule of the Chicago            nor received written comments on the                     Washington, DC 20549, on official
                                                  Stock Exchange, Inc. (‘‘CHX’’). As of September         proposed rule change.                                    business days between the hours of
                                                  2016, both BZX and CHX charge a fee of $0.0030                                                                   10:00 a.m. and 3:00 p.m. Copies of the
                                                  per executed share for orders removing liquidity in     III. Date of Effectiveness of the                        filing also will be available for
                                                  securities priced $1.00 or greater.
                                                     9 The Exchange has utilized a similar program as
                                                                                                          Proposed Rule Change and Timing for                      inspection and copying at the principal
                                                  a part of its Fee Schedule in the past. That program    Commission Action                                        office of the Exchange. All comments
                                                  provided that ‘‘[e]ach ETP Holder will be charged          The proposed rule change has taken                    received will be posted without change;
                                                  $0.0030 per share for any marketable order that                                                                  the Commission does not edit personal
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                                                  removes liquidity unless the ETP Holder executes
                                                                                                          effect upon filing pursuant to Section
                                                  at least 50,000 shares of liquidity-adding volume in    19(b)(3)(A)(ii) of the Act 10 and                        identifying information from
                                                  Auto-Ex Mode per month.’’ See Securities Exchange       subparagraph (f)(2) of Rule 19b–4.11                     submissions. You should submit only
                                                  Act Release No. 67816 (September 10, 2012), 77 FR          At any time within 60 days of the                     information that you wish to make
                                                  56886 (September 14, 2012) SR–NSX–2012–14).                                                                      available publicly. All submissions
                                                  The Exchange notes that, when this program was
                                                                                                          filing of such proposed rule change, the
                                                  previously in effect, the majority of ETP Holders
                                                                                                                                                                   should refer to File Number SR–NSX–
                                                  trading on the Exchange qualified for the lower fee       10 15   U.S.C. 78s(b)(3)(A)(ii).                       2016–11 and should be submitted on or
                                                  tier.                                                     11 17   CFR 240.19b–4.                                 before October 21, 2016.


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                                                  67414                       Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices

                                                    For the Commission, by the Division of                SUPPLEMENTARY INFORMATION:     Section                will continue to charge fees calculated
                                                  Trading and Markets, pursuant to delegated              1106 of the Act and the Privacy Act 3                 on a case-by-case basis to recover our
                                                  authority.12                                            authorize the Commissioner of Social                  full cost of supplying the information.
                                                  Brent J. Fields,                                        Security to promulgate regulations
                                                                                                                                                                Additional Information
                                                  Secretary.                                              regarding agency records and
                                                  [FR Doc. 2016–23610 Filed 9–29–16; 8:45 am]             information and to charge fees for                      Additional information is available on
                                                  BILLING CODE 8011–01–P                                  providing information and related                     our Web site at http://socialsecurity.gov/
                                                                                                          services. Our regulations and operating               pgm/business.htm or by written request
                                                                                                          instructions identify when we will                    to: Social Security Administration,
                                                                                                          charge fees for information.4 Whenever                Office of Public Inquiries, Windsor Park
                                                  SOCIAL SECURITY ADMINISTRATION                          we determine a request for information                Building, 6401 Security Boulevard,
                                                                                                          is for any purpose not directly related to            Baltimore, MD 21235.
                                                  [Docket No. SSA–2016–0046]                              the administration of the Social Security
                                                                                                                                                                Carolyn W. Colvin,
                                                                                                          programs, we require the requester to
                                                  Charging Standard Administrative                                                                              Acting Commissioner of Social Security.
                                                                                                          pay the full cost of providing the
                                                  Fees for Non-Program Information                                                                              [FR Doc. 2016–23741 Filed 9–29–16; 8:45 am]
                                                                                                          information.
                                                  Requests for Detailed Social Security                      New Information: Based on the most                 BILLING CODE 4191–02–P
                                                  Earnings                                                recent cost analysis, we determined the
                                                  AGENCY: Social Security Administration.                 new standard fee for detailed yearly
                                                                                                          Social Security Earnings information is               SOCIAL SECURITY ADMINISTRATION
                                                  ACTION:Notice of updated schedule of
                                                  standardized administrative fees.                       $115 for each request. We will certify                [Docket No. SSA–2016–0045]
                                                                                                          the detailed earnings information for an
                                                  SUMMARY:   On November 8, 2013,1 we                     additional $33. Note: Certification is                Charging Standard Administrative
                                                  announced in the Federal Register a                     usually not necessary. We based this                  Fees for Non-Program Information
                                                  new administrative fee we charge to the                 updated standard fee on our most recent
                                                                                                          cost calculations for supplying this                  AGENCY: Social Security Administration.
                                                  public for detailed yearly Social
                                                                                                          information and the standard fee                      ACTION:Notice of updated schedule of
                                                  Security earnings information. We
                                                                                                          methodology previously published in                   standardized administrative fees.
                                                  charge administrative fees to recover our
                                                  full costs when we provide information                  the Federal Register. A requester can                 SUMMARY:   On August 22, 2012,1 we
                                                  and related services for non-program                    obtain certified and non-certified                    announced in the Federal Register a
                                                  purposes. We are announcing an update                   detailed yearly Social Security earnings              schedule of standardized administrative
                                                  to the previously published fee ($136)                  information by completing the Form                    fees we charge to the public. We charge
                                                  for detailed yearly Social Security                     SSA–7050, Request for Social Security                 these fees to recover our full costs when
                                                  earnings information.2                                  Earnings Information. A requester can                 we provide information and related
                                                     The updated standard fee schedule is                 continue to obtain non-certified, yearly              services for non-program purposes. We
                                                  part of our continuing effort to                        earnings totals (Form SSA–7004,                       are announcing an update to the
                                                  standardize fees for non-program                        Request for a Social Security Statement)              previously published schedule of
                                                  information requests. We reserve the                    through our free online service my                    standardized administrative fees.2
                                                  right to review and update the                          Social Security, http://                                The updated standard fee schedule is
                                                  published standard fees as necessary,                   socialsecurity.gov/myaccount/, a                      part of our continuing effort to
                                                  but no less than every two years, to                    personal online account for Social                    standardize fees for non-program
                                                  ensure the agency recovers the full cost                Security information and services.                    information requests. Standard fees
                                                  of providing non-program services.                      Online Social Security Statements                     provide consistency and ensure we
                                                  Standard fees provide consistency and                   display uncertified, yearly earnings, free            recover the full cost of supplying
                                                  ensure we recover the full cost of                      of charge, and do not show any                        information when we receive a request
                                                  supplying information when we receive                   employer information. Certified yearly                for a purpose not directly related to the
                                                  a request for a purpose not directly                    Social Security earnings totals cost $33,             administration of a program under the
                                                  related to the administration of a                      available by completing Form SSA–                     Social Security Act (Act).
                                                  program under the Social Security Act                   7050.
                                                                                                                                                                DATES: The changes described in this
                                                  (Act).                                                     We will continue to evaluate all
                                                                                                          standard fees at least every two years to             notice are effective for requests we
                                                  DATES: The changes described in this                                                                          receive on or after October 1, 2016.
                                                                                                          ensure we capture the full costs
                                                  notice are effective for requests we                    associated with providing information                 FOR FURTHER INFORMATION CONTACT:
                                                  receive on or after October 1, 2016.                    for non-program purposes. We require                  Kristina Poist, Social Security
                                                  FOR FURTHER INFORMATION CONTACT:                        nonrefundable advance payment of the                  Administration, Office of Finance, 6401
                                                  Kristina Poist, Social Security                         standard fee by check, money order, or                Security Boulevard, Baltimore, MD
                                                  Administration, Office of Finance, 6401                 credit card. We do not accept cash. Only              21235–6401, (410) 597–1977. For
                                                  Security Boulevard, Baltimore, MD                       one form of payment is acceptable in the              information on eligibility or filing for
                                                  21235–6401, (410) 597–1977. For                         full amount of the standard fee. If we                benefits, visit our Internet site, Social
                                                  information on eligibility or filing for                revise any of the standard fees, we will              Security Online, at http://
                                                  benefits, call our national toll-free                   publish another notice in the Federal                 socialsecurity.gov, or call our national
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                                                  number, 1–800–772–1213 or TTY 1–                        Register. For other non-program                       toll-free number, 1–800–772–1213 or
                                                  800–325–0778, or visit our Internet site,               requests for information not addressed                TTY 1–800–325–0778.
                                                  Social Security Online, at http://                      here or within the current schedule of                SUPPLEMENTARY INFORMATION: Section
                                                  socialsecurity.gov.                                     standardized administrative fees, we                  1106 of the Act and the Privacy Act 3
                                                    12 17 CFR 200.30–3(a)(12).                              3 42                                                  1 77 FR 50757, Aug. 22, 2012.
                                                                                                                U.S.C. 1306 and 5 U.S.C. 552a, respectively.
                                                    1 78 FR 67210, November 8, 2013.                        4 See                                                 2 79 FR 59341, October 1, 2014.
                                                                                                                 20 CFR 402.170, 402.175; Program
                                                    2 79 FR 66445, November 7, 2014.                      Operations Manual System (POMS) GN 03311.005.           3 42 U.S.C. 1306 and 5 U.S.C. 552a, respectively.




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Document Created: 2018-02-09 13:34:10
Document Modified: 2018-02-09 13:34:10
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 67412 

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