81_FR_70670 81 FR 70473 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the NYSE Arca Equities Schedule of Fees and Charges for Exchange Services To Revise the Requirements for the Current Step Up Tier

81 FR 70473 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the NYSE Arca Equities Schedule of Fees and Charges for Exchange Services To Revise the Requirements for the Current Step Up Tier

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 197 (October 12, 2016)

Page Range70473-70475
FR Document2016-24579

Federal Register, Volume 81 Issue 197 (Wednesday, October 12, 2016)
[Federal Register Volume 81, Number 197 (Wednesday, October 12, 2016)]
[Notices]
[Pages 70473-70475]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24579]



[[Page 70473]]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79054; File No. SR-NYSEArca-2016-137]


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

    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on September 29, 2016, NYSE Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend the NYSE Arca Equities Schedule of 
Fees and Charges for Exchange Services (the ``Fee Schedule'') to revise 
the requirements for the current Step Up Tier. The Exchange proposes to 
implement the fee change effective October 3, 2016. The proposed rule 
change is available on the Exchange's Web site at www.nyse.com, at the 
principal office of the Exchange, and at the Commission's Public 
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend the Fee Schedule to revise the 
requirements for the current Step Up Tier. The Exchange proposes to 
implement the fee change effective October 3, 2016.
Step Up Tier
    The Exchange recently adopted a Step Up Pricing Tier.\4\ Currently, 
ETP Holders and Market Makers qualify for a Step Up Tier credit of 
$0.0029 per share for providing liquidity in Tape A and Tape C 
Securities and $0.0028 per share for providing liquidity in Tape B 
Securities. The Step Up Tier credits apply to ETP Holders and Market 
Makers that, on a daily basis, measured monthly,
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 78892 (September 21, 
2016), 81 FR 66315 (September 27, 2016) (SR-NYSEArca-2016-128) (the 
``Step Up Tier Filing'').
---------------------------------------------------------------------------

    (i) directly execute providing average daily volume (``ADV'') on 
NYSE Arca in an amount that is an increase of no less than 0.15% of 
United States consolidated average daily volume (``US CADV'') in Tape 
A, Tape B and Tape C Securities for that month over the ETP Holder's or 
Market Maker's providing ADV in July 2016 (``Baseline Month''), and
    (ii) set a new Best Bid or Offer (``BBO'') on the Exchange with at 
least 40% of the ETP Holder's or Market Maker's providing ADV.
    As an incentive for ETP Holders and Market Makers to direct their 
order flow to the Exchange, for the months of September 2016 and 
October 2016 only, the Exchange adopted lower providing ADV criteria 
for ETP Holders and Market Makers to qualify for the Step Up Tier 
credits. For the billing month of September 2016 only, the Step Up Tier 
credit applied to ETP Holders and Market Makers that, on a daily basis, 
measured monthly,
    (i) directly executed providing ADV on NYSE Arca in an amount that 
was an increase of no less than 0.045% of US CADV in Tape A, Tape B and 
Tape C Securities for that month over the ETP Holder's or Market 
Maker's providing ADV in the Baseline Month, and
    (ii) set a new BBO on the Exchange with at least 40% of the ETP 
Holder's or Market Maker's providing ADV.\5\
---------------------------------------------------------------------------

    \5\ The Step Up Tier Filing adopted lower requirements for ETP 
Holders and Market Makers to qualify for the Step Up Tier credits 
for the months of September 2016 and October 2016. Given this 
proposed rule change would become effective October 3, 2016 and 
would no longer be applicable for September 2016, the Exchange 
proposes to delete from the Fee Schedule reference to the Step Up 
Tier credits applicable to ETP Holders and Market Makers for the 
month of September 2016.
---------------------------------------------------------------------------

    As proposed in the Step Up Tier Filing, for the billing month of 
October 2016 only, the Step Up credit would be applicable to ETP 
Holders and Market Makers that, on a daily basis, measured monthly,
    (i) directly execute providing ADV on NYSE Arca in an amount that 
is an increase of no less than 0.09% of US CADV in Tape A, Tape B and 
Tape C Securities for that month over the ETP Holder's or Market 
Maker's providing ADV in the Baseline Month, and
    (ii) set a new BBO on the Exchange with at least 40% of the ETP 
Holder's and Market Maker's providing ADV.
    The Exchange proposes to revise the requirement for the Step Up 
Tier that would be applicable to ETP Holders and Market Makers, with a 
lower requirement for October 2016, to provide market participants with 
an incentive to direct their orders to the Exchange.
    The Exchange is proposing a change to the second part of the 
current Step Up Tier by requiring ETP Holders and Market Makers to set 
a new BBO on the Exchange with at least 25% in each of the ETP Holder's 
or Market Maker's Tape A, Tape B and Tape C providing ADV. 
Specifically, as proposed, the Step Up Credit would be applicable to 
ETP Holders and Market Makers that, on a daily basis, measured monthly,
    (i) directly execute providing ADV on NYSE Arca in an amount that 
is an increase of no less than 0.15% of US CADV in Tape A, Tape B and 
Tape C Securities for that month over the ETP Holder's or Market 
Maker's providing ADV in the Baseline Month, and
    (ii) set a new BBO on the Exchange with at least 25% in each of the 
ETP Holder's or Market Maker's Tape A, Tape B and Tape C providing ADV.
    The Exchange is not proposing any change to the first part of the 
Step Up Tier or to the level of credits payable under the Step Up Tier.
    To illustrate, an ETP Holder who has a providing ADV of 15 million 
shares in the Baseline Month would be required to execute, at a 
minimum, an additional 9.75 million shares of providing ADV if CADV is 
6.5 billion shares in the billing month, or 0.15% over the Baseline 
Month, for a total providing ADV of 24.75 million shares for the 
billing month. Further, of the 24.75 million shares, assume 10.75 
million shares are in Tape A Securities, and 7 million shares are each 
in Tape B and Tape C Securities. The ETP Holder would be

[[Page 70474]]

required to have a providing ADV that sets a new BBO on the Exchange of 
at least 2.6875 million shares in Tape A Securities, and 1.750 million 
shares each in Tape B and Tape C Securities.
    For the billing month of October 2016 only, the Step Up credit 
would be applicable to ETP Holders and Market Makers that, on a daily 
basis, measured monthly,
    (i) directly execute providing ADV on NYSE Arca in an amount that 
is an increase of no less than 0.09% of US CADV in Tape A, Tape B and 
Tape C Securities for that month over the ETP Holder's or Market 
Maker's providing ADV in the Baseline Month, and
    (ii) set a new BBO on the Exchange with at least 25% in each of the 
ETP Holder's or Market Maker's Tape A, Tape B and Tape C providing ADV.
    The Exchange believes revising the requirement for ETP Holders and 
Market Makers to set a new BBO on the Exchange with at least 25% in 
each of the ETP Holder's or Market Maker's Tape A, Tape B and Tape C 
providing ADV should allow a greater number of participants to qualify 
for the credit and will also encourage ETP Holders and Market Makers to 
provide liquidity across more symbols traded on the Exchange to the 
benefit of all market participants who trade on the Exchange.
    The Exchange notes that if an ETP Holder or Market Maker qualifies 
for more than one tier in the Fee Schedule, the Exchange would apply 
the most favorable rate available under such tiers.
    The goal of the Step-Up Tier when adopted by the Exchange in 
September 2016 was to incentivize ETP Holders and Market Makers to 
increase the orders sent directly to NYSE Arca and therefore provide 
liquidity that supports the quality of price discovery and promotes 
market transparency. The Exchange believes the proposed change to the 
Step Up Tier furthers that goal by encouraging ETP Holders and Market 
Makers to direct their order flow in more securities traded on the 
Exchange rather than just a subset of securities.
    The proposed changes are not otherwise intended to address any 
other problem, and the Exchange is not aware of any significant problem 
that the affected market participants would have in complying with the 
proposed changes.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\6\ in general, and furthers the 
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\7\ in 
particular, because it provides for the equitable allocation of 
reasonable dues, fees, and other charges among its members, issuers and 
other persons using its facilities and does not unfairly discriminate 
between customers, issuers, brokers or dealers. The Exchange believes 
that the proposal does not constitute an inequitable allocation of 
fees, as all similarly situated market participants will be subject to 
the same fees and credits and access to the Exchange's market is 
offered on fair and non-discriminatory terms.
---------------------------------------------------------------------------

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

    The Exchange believes that amendments [sic] to the Step Up Tier is 
reasonable, equitable and not unfairly discriminatory because the 
proposed amendment would continue to directly relate to the activity of 
ETP Holders and Market Makers and would apply uniformly to all 
similarly situated ETP Holders and Market Makers that send orders to 
the Exchange. The Exchange further believes that lowering the level for 
setting a new BBO on the Exchange from 40% to 25% of adding ADV is 
reasonable because it may allow a greater number of ETP Holders and 
Market Makers to qualify for the Step up Tier credits. The Exchange 
believes adopting separate BBO requirements for each of Tape A, Tape B 
and Tape C securities is reasonable because it would create an 
incentive for ETP Holders and Market Makers to improve displayed quotes 
on the Exchange for securities in each Tape, which would benefit all 
market participants in securities of each tape.
    As the Exchange noted in the Step Up Tier Filing, the Exchange 
believes that the Step-Up Tier is intended to provide market 
participants with an incentive to increase the orders sent directly to 
NYSE Arca and thereby provide liquidity that supports the quality of 
price discovery and promotes market transparency. The Exchange believes 
the proposed amendment to the Step Up Tier will continue to provide 
market participants with the incentive to direct their order flow to 
the Exchange. Moreover, the amendment to the Step Up Tier would benefit 
market participants whose targeted order flow would provide meaningful 
added levels of liquidity thereby contributing to the depth and market 
quality on the Exchange. In addition, the Exchange believes the 
proposed amendment to the Step Up Tier should result in more market 
participants providing order flow and therefore more market 
participants would be eligible to receive the credits for their orders.
    The Exchange believes that adopting lower providing ADV criteria 
for October 2016 is reasonable because it may allow a greater number of 
ETP Holders and Market Makers to qualify for the proposed credits while 
also providing ETP Holders and Market Makers the opportunity to 
gradually increase their activity in order to qualify for the credits. 
The Exchange believes that adopting lower providing ADV criteria for 
October 2016 is also equitable and not unfairly discriminatory because 
the lower criteria would apply uniformly to all ETP Holders and Market 
Makers during October 2016.
    Volume-based rebates such as the ones currently in place on the 
Exchange have been widely adopted in the cash equities markets and are 
equitable because they are open to all ETP Holders and Market Makers on 
an equal basis and provide additional benefits or discounts that are 
reasonably related to the value to an exchange's market quality 
associated with higher levels of market activity, such as higher levels 
of liquidity provision and/or growth patterns, and introduction of 
higher volumes of orders into the price and volume discovery processes.
    The Exchange believes that it is subject to significant competitive 
forces, as described below in the Exchange's statement regarding the 
burden on competition.
    For the foregoing reasons, the Exchange believes that the proposal 
is consistent with the Act.

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

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

[[Page 70475]]

encouraging additional orders to be sent to the Exchange for execution.
---------------------------------------------------------------------------

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

    Finally, the Exchange notes that it operates in a highly 
competitive market in which market participants can readily favor 
competing venues if they deem fee levels at a particular venue to be 
excessive or rebate opportunities available at other venues to be more 
favorable. In such an environment, the Exchange must continually adjust 
its fees and rebates to remain competitive with other exchanges and 
with alternative trading systems that have been exempted from 
compliance with the statutory standards applicable to exchanges. 
Because competitors are free to modify their own fees and credits in 
response, and because market participants may readily adjust their 
order routing practices, the Exchange believes that the degree to which 
fee changes in this market may impose any burden on competition is 
extremely limited. As a result of all of these considerations, the 
Exchange does not believe that the proposed changes will impair the 
ability of ETP Holders or competing order execution venues to maintain 
their competitive standing in the financial markets.

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

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

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

    The foregoing rule change is effective upon filing pursuant to 
Section 19(b)(3)(A) \9\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \10\ thereunder, because it establishes a due, fee, or other charge 
imposed by the Exchange.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings under 
Section 19(b)(2)(B) \11\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSEArca-2016-137 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2016-137. 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-NYSEArca-2016-137 and should 
be submitted on or before November 2, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).

    Dated: October 5, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-24579 Filed 10-11-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Notices                                                  70473

                                                  SECURITIES AND EXCHANGE                                  A. Self-Regulatory Organization’s                       As proposed in the Step Up Tier
                                                  COMMISSION                                               Statement of the Purpose of, and the                  Filing, for the billing month of October
                                                                                                           Statutory Basis for, the Proposed Rule                2016 only, the Step Up credit would be
                                                  [Release No. 34–79054; File No. SR–                      Change                                                applicable to ETP Holders and Market
                                                  NYSEArca–2016–137]                                                                                             Makers that, on a daily basis, measured
                                                                                                           1. Purpose
                                                                                                                                                                 monthly,
                                                  Self-Regulatory Organizations; NYSE                        The Exchange proposes to amend the                    (i) directly execute providing ADV on
                                                  Arca, Inc.; Notice of Filing and                         Fee Schedule to revise the requirements               NYSE Arca in an amount that is an
                                                  Immediate Effectiveness of Proposed                      for the current Step Up Tier. The                     increase of no less than 0.09% of US
                                                  Rule Change Amending the NYSE Arca                       Exchange proposes to implement the fee                CADV in Tape A, Tape B and Tape C
                                                  Equities Schedule of Fees and                            change effective October 3, 2016.                     Securities for that month over the ETP
                                                  Charges for Exchange Services To                                                                               Holder’s or Market Maker’s providing
                                                                                                           Step Up Tier                                          ADV in the Baseline Month, and
                                                  Revise the Requirements for the
                                                  Current Step Up Tier                                        The Exchange recently adopted a Step                 (ii) set a new BBO on the Exchange
                                                                                                           Up Pricing Tier.4 Currently, ETP                      with at least 40% of the ETP Holder’s
                                                     Pursuant to Section 19(b)(1) 1 of the                 Holders and Market Makers qualify for                 and Market Maker’s providing ADV.
                                                  Securities Exchange Act of 1934 (the                     a Step Up Tier credit of $0.0029 per                    The Exchange proposes to revise the
                                                  ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                   share for providing liquidity in Tape A               requirement for the Step Up Tier that
                                                  notice is hereby given that, on                          and Tape C Securities and $0.0028 per                 would be applicable to ETP Holders and
                                                  September 29, 2016, NYSE Arca, Inc.                      share for providing liquidity in Tape B               Market Makers, with a lower
                                                  (the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed                Securities. The Step Up Tier credits                  requirement for October 2016, to
                                                  with the Securities and Exchange                         apply to ETP Holders and Market                       provide market participants with an
                                                  Commission (the ‘‘Commission’’) the                      Makers that, on a daily basis, measured               incentive to direct their orders to the
                                                  proposed rule change as described in                     monthly,                                              Exchange.
                                                  Items I, II, and III below, which Items                     (i) directly execute providing average               The Exchange is proposing a change
                                                                                                           daily volume (‘‘ADV’’) on NYSE Arca in                to the second part of the current Step
                                                  have been prepared by the self-
                                                                                                           an amount that is an increase of no less              Up Tier by requiring ETP Holders and
                                                  regulatory organization. The
                                                                                                           than 0.15% of United States                           Market Makers to set a new BBO on the
                                                  Commission is publishing this notice to
                                                                                                           consolidated average daily volume (‘‘US               Exchange with at least 25% in each of
                                                  solicit comments on the proposed rule
                                                                                                           CADV’’) in Tape A, Tape B and Tape C                  the ETP Holder’s or Market Maker’s
                                                  change from interested persons.
                                                                                                           Securities for that month over the ETP                Tape A, Tape B and Tape C providing
                                                  I. Self-Regulatory Organization’s                        Holder’s or Market Maker’s providing                  ADV. Specifically, as proposed, the Step
                                                  Statement of the Terms of Substance of                   ADV in July 2016 (‘‘Baseline Month’’),                Up Credit would be applicable to ETP
                                                  the Proposed Rule Change                                 and                                                   Holders and Market Makers that, on a
                                                                                                              (ii) set a new Best Bid or Offer                   daily basis, measured monthly,
                                                     The Exchange proposes to amend the                                                                            (i) directly execute providing ADV on
                                                  NYSE Arca Equities Schedule of Fees                      (‘‘BBO’’) on the Exchange with at least
                                                                                                                                                                 NYSE Arca in an amount that is an
                                                  and Charges for Exchange Services (the                   40% of the ETP Holder’s or Market
                                                                                                                                                                 increase of no less than 0.15% of US
                                                  ‘‘Fee Schedule’’) to revise the                          Maker’s providing ADV.
                                                                                                                                                                 CADV in Tape A, Tape B and Tape C
                                                  requirements for the current Step Up                        As an incentive for ETP Holders and
                                                                                                                                                                 Securities for that month over the ETP
                                                  Tier. The Exchange proposes to                           Market Makers to direct their order flow
                                                                                                                                                                 Holder’s or Market Maker’s providing
                                                  implement the fee change effective                       to the Exchange, for the months of
                                                                                                                                                                 ADV in the Baseline Month, and
                                                  October 3, 2016. The proposed rule                       September 2016 and October 2016 only,                   (ii) set a new BBO on the Exchange
                                                  change is available on the Exchange’s                    the Exchange adopted lower providing                  with at least 25% in each of the ETP
                                                  Web site at www.nyse.com, at the                         ADV criteria for ETP Holders and                      Holder’s or Market Maker’s Tape A,
                                                  principal office of the Exchange, and at                 Market Makers to qualify for the Step                 Tape B and Tape C providing ADV.
                                                  the Commission’s Public Reference                        Up Tier credits. For the billing month of               The Exchange is not proposing any
                                                  Room.                                                    September 2016 only, the Step Up Tier                 change to the first part of the Step Up
                                                                                                           credit applied to ETP Holders and                     Tier or to the level of credits payable
                                                  II. Self-Regulatory Organization’s                       Market Makers that, on a daily basis,                 under the Step Up Tier.
                                                  Statement of the Purpose of, and                         measured monthly,                                       To illustrate, an ETP Holder who has
                                                  Statutory Basis for, the Proposed Rule                      (i) directly executed providing ADV                a providing ADV of 15 million shares in
                                                  Change                                                   on NYSE Arca in an amount that was an                 the Baseline Month would be required
                                                                                                           increase of no less than 0.045% of US                 to execute, at a minimum, an additional
                                                    In its filing with the Commission, the
                                                                                                           CADV in Tape A, Tape B and Tape C                     9.75 million shares of providing ADV if
                                                  self-regulatory organization included
                                                                                                           Securities for that month over the ETP                CADV is 6.5 billion shares in the billing
                                                  statements concerning the purpose of,
                                                                                                           Holder’s or Market Maker’s providing                  month, or 0.15% over the Baseline
                                                  and basis for, the proposed rule change
                                                                                                           ADV in the Baseline Month, and                        Month, for a total providing ADV of
                                                  and discussed any comments it received
                                                                                                              (ii) set a new BBO on the Exchange                 24.75 million shares for the billing
                                                  on the proposed rule change. The text
                                                                                                           with at least 40% of the ETP Holder’s                 month. Further, of the 24.75 million
                                                  of those statements may be examined at
                                                                                                           or Market Maker’s providing ADV.5                     shares, assume 10.75 million shares are
                                                  the places specified in Item IV below.
                                                                                                                                                                 in Tape A Securities, and 7 million
mstockstill on DSK3G9T082PROD with NOTICES




                                                  The Exchange has prepared summaries,                       4 See Securities Exchange Act Release No. 78892
                                                  set forth in sections A, B, and C below,                 (September 21, 2016), 81 FR 66315 (September 27,
                                                                                                                                                                 shares are each in Tape B and Tape C
                                                  of the most significant parts of such                    2016) (SR–NYSEArca–2016–128) (the ‘‘Step Up Tier      Securities. The ETP Holder would be
                                                  statements.                                              Filing’’).
                                                                                                             5 The Step Up Tier Filing adopted lower             October 3, 2016 and would no longer be applicable
                                                                                                           requirements for ETP Holders and Market Makers        for September 2016, the Exchange proposes to
                                                    1 15 U.S.C. 78s(b)(1).                                 to qualify for the Step Up Tier credits for the       delete from the Fee Schedule reference to the Step
                                                    2 15 U.S.C. 78a.                                       months of September 2016 and October 2016. Given      Up Tier credits applicable to ETP Holders and
                                                    3 17 CFR 240.19b–4.                                    this proposed rule change would become effective      Market Makers for the month of September 2016.



                                             VerDate Sep<11>2014    20:13 Oct 11, 2016   Jkt 241001   PO 00000   Frm 00088   Fmt 4703   Sfmt 4703   E:\FR\FM\12OCN1.SGM   12OCN1


                                                  70474                        Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Notices

                                                  required to have a providing ADV that                      6(b)(4) and 6(b)(5) of the Act,7 in                     participants would be eligible to receive
                                                  sets a new BBO on the Exchange of at                       particular, because it provides for the                 the credits for their orders.
                                                  least 2.6875 million shares in Tape A                      equitable allocation of reasonable dues,                   The Exchange believes that adopting
                                                  Securities, and 1.750 million shares                       fees, and other charges among its                       lower providing ADV criteria for
                                                  each in Tape B and Tape C Securities.                      members, issuers and other persons                      October 2016 is reasonable because it
                                                     For the billing month of October 2016                   using its facilities and does not unfairly              may allow a greater number of ETP
                                                  only, the Step Up credit would be                          discriminate between customers,                         Holders and Market Makers to qualify
                                                  applicable to ETP Holders and Market                       issuers, brokers or dealers. The                        for the proposed credits while also
                                                  Makers that, on a daily basis, measured                    Exchange believes that the proposal                     providing ETP Holders and Market
                                                  monthly,                                                   does not constitute an inequitable                      Makers the opportunity to gradually
                                                     (i) directly execute providing ADV on                   allocation of fees, as all similarly                    increase their activity in order to qualify
                                                  NYSE Arca in an amount that is an                          situated market participants will be                    for the credits. The Exchange believes
                                                  increase of no less than 0.09% of US                       subject to the same fees and credits and                that adopting lower providing ADV
                                                  CADV in Tape A, Tape B and Tape C                          access to the Exchange’s market is                      criteria for October 2016 is also
                                                  Securities for that month over the ETP                     offered on fair and non-discriminatory                  equitable and not unfairly
                                                  Holder’s or Market Maker’s providing                       terms.                                                  discriminatory because the lower
                                                  ADV in the Baseline Month, and                                The Exchange believes that                           criteria would apply uniformly to all
                                                     (ii) set a new BBO on the Exchange                      amendments [sic] to the Step Up Tier is                 ETP Holders and Market Makers during
                                                  with at least 25% in each of the ETP                       reasonable, equitable and not unfairly                  October 2016.
                                                  Holder’s or Market Maker’s Tape A,                         discriminatory because the proposed                        Volume-based rebates such as the
                                                  Tape B and Tape C providing ADV.                           amendment would continue to directly                    ones currently in place on the Exchange
                                                     The Exchange believes revising the                      relate to the activity of ETP Holders and               have been widely adopted in the cash
                                                  requirement for ETP Holders and                            Market Makers and would apply                           equities markets and are equitable
                                                  Market Makers to set a new BBO on the                      uniformly to all similarly situated ETP                 because they are open to all ETP
                                                  Exchange with at least 25% in each of                      Holders and Market Makers that send                     Holders and Market Makers on an equal
                                                  the ETP Holder’s or Market Maker’s                         orders to the Exchange. The Exchange                    basis and provide additional benefits or
                                                  Tape A, Tape B and Tape C providing                        further believes that lowering the level                discounts that are reasonably related to
                                                  ADV should allow a greater number of                       for setting a new BBO on the Exchange                   the value to an exchange’s market
                                                  participants to qualify for the credit and                 from 40% to 25% of adding ADV is                        quality associated with higher levels of
                                                  will also encourage ETP Holders and                        reasonable because it may allow a                       market activity, such as higher levels of
                                                  Market Makers to provide liquidity                         greater number of ETP Holders and                       liquidity provision and/or growth
                                                  across more symbols traded on the                          Market Makers to qualify for the Step up                patterns, and introduction of higher
                                                  Exchange to the benefit of all market                      Tier credits. The Exchange believes                     volumes of orders into the price and
                                                  participants who trade on the Exchange.                    adopting separate BBO requirements for                  volume discovery processes.
                                                     The Exchange notes that if an ETP                       each of Tape A, Tape B and Tape C
                                                  Holder or Market Maker qualifies for                       securities is reasonable because it would                  The Exchange believes that it is
                                                  more than one tier in the Fee Schedule,                    create an incentive for ETP Holders and                 subject to significant competitive forces,
                                                  the Exchange would apply the most                          Market Makers to improve displayed                      as described below in the Exchange’s
                                                  favorable rate available under such tiers.                 quotes on the Exchange for securities in                statement regarding the burden on
                                                     The goal of the Step-Up Tier when                       each Tape, which would benefit all                      competition.
                                                  adopted by the Exchange in September                       market participants in securities of each                  For the foregoing reasons, the
                                                  2016 was to incentivize ETP Holders                        tape.                                                   Exchange believes that the proposal is
                                                  and Market Makers to increase the                             As the Exchange noted in the Step Up                 consistent with the Act.
                                                  orders sent directly to NYSE Arca and                      Tier Filing, the Exchange believes that                 B. Self-Regulatory Organization’s
                                                  therefore provide liquidity that supports                  the Step-Up Tier is intended to provide                 Statement on Burden on Competition
                                                  the quality of price discovery and                         market participants with an incentive to
                                                  promotes market transparency. The                          increase the orders sent directly to                      In accordance with Section 6(b)(8) of
                                                  Exchange believes the proposed change                      NYSE Arca and thereby provide                           the Act,8 the Exchange believes that the
                                                  to the Step Up Tier furthers that goal by                  liquidity that supports the quality of                  proposed rule change would not impose
                                                  encouraging ETP Holders and Market                         price discovery and promotes market                     any burden on competition that is not
                                                  Makers to direct their order flow in                       transparency. The Exchange believes the                 necessary or appropriate in furtherance
                                                  more securities traded on the Exchange                     proposed amendment to the Step Up                       of the purposes of the Act. Instead, the
                                                  rather than just a subset of securities.                   Tier will continue to provide market                    Exchange believes that the proposal to
                                                     The proposed changes are not                            participants with the incentive to direct               amend the Step Up Tier would continue
                                                  otherwise intended to address any other                    their order flow to the Exchange.                       to encourage the submission of
                                                  problem, and the Exchange is not aware                     Moreover, the amendment to the Step                     additional liquidity to a public
                                                  of any significant problem that the                        Up Tier would benefit market                            exchange, thereby promoting price
                                                  affected market participants would have                    participants whose targeted order flow                  discovery and transparency and
                                                  in complying with the proposed                             would provide meaningful added levels                   enhancing order execution
                                                  changes.                                                   of liquidity thereby contributing to the                opportunities for ETP Holders and
                                                                                                             depth and market quality on the                         Market Makers. The Exchange believes
mstockstill on DSK3G9T082PROD with NOTICES




                                                  2. Statutory Basis                                         Exchange. In addition, the Exchange                     that this could promote competition
                                                    The Exchange believes that the                           believes the proposed amendment to the                  between the Exchange and other
                                                  proposed rule change is consistent with                    Step Up Tier should result in more                      execution venues, including those that
                                                  Section 6(b) of the Act,6 in general, and                  market participants providing order                     currently offer similar order types and
                                                  furthers the objectives of Sections                        flow and therefore more market                          comparable transaction pricing, by

                                                    6 15   U.S.C. 78f(b).                                      7 15   U.S.C. 78f(b)(4) and (5).                        8 15   U.S.C. 78f(b)(8).



                                             VerDate Sep<11>2014      20:13 Oct 11, 2016   Jkt 241001   PO 00000   Frm 00089    Fmt 4703    Sfmt 4703   E:\FR\FM\12OCN1.SGM    12OCN1


                                                                            Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Notices                                                70475

                                                  encouraging additional orders to be sent                change should be approved or                            For the Commission, by the Division of
                                                  to the Exchange for execution.                          disapproved.                                          Trading and Markets, pursuant to delegated
                                                                                                                                                                authority.12
                                                     Finally, the Exchange notes that it                  IV. Solicitation of Comments                            Dated: October 5, 2016.
                                                  operates in a highly competitive market
                                                                                                                                                                Brent J. Fields,
                                                  in which market participants can                          Interested persons are invited to
                                                                                                                                                                Secretary.
                                                  readily favor competing venues if they                  submit written data, views, and
                                                                                                          arguments concerning the foregoing,                   [FR Doc. 2016–24579 Filed 10–11–16; 8:45 am]
                                                  deem fee levels at a particular venue to
                                                  be excessive or rebate opportunities                    including whether the proposed rule                   BILLING CODE 8011–01–P

                                                  available at other venues to be more                    change is consistent with the Act.
                                                  favorable. In such an environment, the                  Comments may be submitted by any of
                                                  Exchange must continually adjust its                    the following methods:                                SMALL BUSINESS ADMINISTRATION
                                                  fees and rebates to remain competitive
                                                  with other exchanges and with                           Electronic Comments                                   Committee Member Nominations
                                                                                                                                                                Sought Notice; Interagency Task Force
                                                  alternative trading systems that have                     • Use the Commission’s Internet                     on Veterans Business Development
                                                  been exempted from compliance with                      comment form (http://www.sec.gov/
                                                  the statutory standards applicable to                   rules/sro.shtml); or                                  AGENCY:  U.S. Small Business
                                                  exchanges. Because competitors are free                                                                       Administration.
                                                  to modify their own fees and credits in                   • Send an email to rule-
                                                                                                                                                                ACTION: Notice of open nominations for
                                                  response, and because market                            comments@sec.gov. Please include File
                                                                                                                                                                veteran service organizations, military
                                                  participants may readily adjust their                   Number SR–NYSEArca–2016–137 on
                                                                                                                                                                service organizations, or association
                                                  order routing practices, the Exchange                   the subject line.
                                                                                                                                                                representatives for the Interagency Task
                                                  believes that the degree to which fee                   Paper Comments                                        Force on Veterans Small Business
                                                  changes in this market may impose any                                                                         Development.
                                                  burden on competition is extremely                        • Send paper comments in triplicate
                                                  limited. As a result of all of these                    to Brent J. Fields, Secretary, Securities             SUMMARY:   The U.S. Small Business
                                                  considerations, the Exchange does not                   and Exchange Commission, 100 F Street                 Administration seeks member
                                                  believe that the proposed changes will                  NE., Washington, DC 20549–1090.                       nominations from veteran service
                                                  impair the ability of ETP Holders or                                                                          organizations, military service
                                                                                                          All submissions should refer to File                  organizations, or associations to serve
                                                  competing order execution venues to
                                                                                                          Number SR–NYSEArca-2016–137. This                     on the Interagency Task Force on
                                                  maintain their competitive standing in
                                                                                                          file number should be included on the                 Veterans Business Development.
                                                  the financial markets.
                                                                                                          subject line if email is used. To help the            DATES: Nomination applications due by
                                                  C. Self-Regulatory Organization’s                       Commission process and review your                    11:59 p.m. (EST), 14 October 2016.
                                                  Statement on Comments on the                            comments more efficiently, please use                 ADDRESSES: Send nominations to
                                                  Proposed Rule Change Received From                      only one method. The Commission will                  veteransbusiness@sba.gov.
                                                  Members, Participants, or Others                        post all comments on the Commission’s                 SUPPLEMENTARY INFORMATION: The U.S.
                                                                                                          Internet Web site (http://www.sec.gov/                Small Business Administration (SBA)
                                                    No written comments were solicited                    rules/sro.shtml). Copies of the
                                                  or received with respect to the proposed                                                                      seeks member nominations from veteran
                                                                                                          submission, all subsequent                            service organizations (VSO), military
                                                  rule change.                                            amendments, all written statements                    service organizations (MSO), or
                                                  III. Date of Effectiveness of the                       with respect to the proposed rule                     associations to serve on the Interagency
                                                  Proposed Rule Change and Timing for                     change that are filed with the                        Task Force on Veterans Small Business
                                                  Commission Action                                       Commission, and all written                           Development (IATF). Nominations of
                                                                                                          communications relating to the                        eligible representatives must be sent via
                                                     The foregoing rule change is effective               proposed rule change between the                      email to veteransbusiness@sba.gov. The
                                                  upon filing pursuant to Section                         Commission and any person, other than                 submission deadline for nominations is
                                                  19(b)(3)(A) 9 of the Act and                            those that may be withheld from the                   Oct. 14, 2016.
                                                  subparagraph (f)(2) of Rule 19b–4 10                    public in accordance with the                            Additional Information: Applicants
                                                  thereunder, because it establishes a due,               provisions of 5 U.S.C. 552, will be                   should include the following
                                                  fee, or other charge imposed by the                     available for Web site viewing and                    information:
                                                  Exchange.                                               printing in the Commission’s Public                   • Name and contact information of the
                                                     At any time within 60 days of the                    Reference Room, 100 F Street NE.,                        individual
                                                  filing of such proposed rule change, the                Washington, DC 20549 on official                      • Name and contact information of
                                                  Commission summarily may                                business days between the hours of                       represented organization
                                                  temporarily suspend such rule change if                 10:00 a.m. and 3:00 p.m. Copies of the                • Description of how the organization
                                                  it appears to the Commission that such                  filing also will be available for                        supports veteran and service-disabled
                                                  action is necessary or appropriate in the               inspection and copying at the principal                  owned small business issues
                                                  public interest, for the protection of                  office of the Exchange. All comments                  • If nominee is a member of a local
                                                  investors, or otherwise in furtherance of               received will be posted without change;                  chapter of a national VSO, a national-
                                                  the purposes of the Act. If the                         the Commission does not edit personal                    level VSO endorsement letter is
                                                                                                          identifying information from                             required.
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Commission takes such action, the
                                                  Commission shall institute proceedings                  submissions. You should submit only                      The SBA Administrator will appoint
                                                  under Section 19(b)(2)(B) 11 of the Act to              information that you wish to make                     individuals who will serve on the IATF
                                                  determine whether the proposed rule                     available publicly. All submissions                   for a period of three years.
                                                                                                          should refer to File Number SR–                          The IATF was established February
                                                    9 15 U.S.C. 78s(b)(3)(A).
                                                                                                          NYSEArca–2016–137 and should be                       14, 2008 by Public Law 110–186 and
                                                    10 17 CFR 240.19b–4(f)(2).                            submitted on or before November 2,
                                                    11 15 U.S.C. 78s(b)(2)(B).                            2016.                                                   12 17   CFR 200.30–3(a)(12).



                                             VerDate Sep<11>2014   20:13 Oct 11, 2016   Jkt 241001   PO 00000   Frm 00090   Fmt 4703   Sfmt 4703   E:\FR\FM\12OCN1.SGM    12OCN1



Document Created: 2016-10-12 00:55:22
Document Modified: 2016-10-12 00:55:22
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 70473 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR