81 FR 72842 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its Price List To Eliminate Take Fees for Bonds Executed on the NYSE BondsSM
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 81, Issue 204 (October 21, 2016)
Federal Register Volume 81, Issue 204 (October 21, 2016)
| Page Range | 72842-72844 | |
| FR Document | 2016-25466 |
[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)] [Notices] [Pages 72842-72844] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25466] ======================================================================= ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-79106; File No. SR-NYSE-2016-65] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its Price List To Eliminate Take Fees for Bonds Executed on the NYSE Bonds\SM\ System October 17, 2016. Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given that, on October 3, 2016, New York Stock Exchange LLC (``NYSE'' or the ``Exchange'') 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 its Price List to eliminate take fees for bonds executed on the NYSE Bonds\SM\ system. 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. [[Page 72843]] 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 its Price List to eliminate take fees for bonds executed on the NYSE Bonds system. The Exchange currently charges transaction fees to liquidity takers for transactions executed on NYSE Bonds with a staggered fee schedule based on the number of bonds purchased or sold. Currently, the transaction fee for orders that take liquidity from the NYSE Bonds Book is $0.50 per bond for executions of one to ten (10) bonds; $0.20 per bond for executions of eleven (11) to twenty-five (25) bonds; and $0.10 per bond for executions of twenty-six (26) bonds or more. The Exchange also currently has a fee cap of $100 per execution. The Exchange proposes to eliminate the take fee for all bonds executed on NYSE Bonds. The Exchange also proposes to remove text from the fee schedule regarding the maximum fee per execution because that text would no longer be applicable once the take fee is eliminated. Additionally, the Exchange recently adopted the Liquidity Provider Incentive Program, a voluntary rebate program that pays Users \4\ of NYSE Bonds a monthly rebate provided Users who opt into the rebate program meet specified quoting requirements.\5\ Users who opt in to the Liquidity Provider Incentive Program are subject to a transaction fee for orders that provide liquidity to the NYSE Bonds Book of $0.50 per bond.\6\ For orders that take liquidity from the NYSE Bonds Book, the current tiered fees noted above apply. However, with this proposed rule change, Users who opt into the Liquidity Provider Incentive Program would no longer be subject to fees for orders that take liquidity. To reflect the elimination of take fees as proposed herein, the Exchange proposes to delete text from the fee schedule regarding the applicability of standard execution fees under the Liquidity Provider Incentive Program for orders that take liquidity from the NYSE Bonds Book because that text would no longer be applicable. --------------------------------------------------------------------------- \4\ Rule 86(b)(2)(M) defines a User as any Member or Member Organization, Sponsored Participant, or Authorized Trader that is authorized to access NYSE Bonds. \5\ See Securities Exchange Act Release Nos. 77591 (April 12, 2016), 81 FR 22656 (April 18, 2016) (SR-NYSE-2016-26); and 77812 (May 11, 2016), 81 FR 30594 May 17, 2016) (SR-NYSE-2016-34). \6\ The Exchange recently adopted a fee waiver applicable to Users that provide liquidity in 800 or more qualifying CUSIPs quoted on the NYSE Bonds Book, and a fee cap of $5,000 per month applicable to all Users that do not attain the fee waiver. See Securities Exchange Act Release No. 78108 (June 21, 2016), 81 FR 41636 (June 27, 2016) (SR-NYSE-2016-42). --------------------------------------------------------------------------- The proposed rule change is intended to provide Users with a greater incentive to transact on the NYSE Bonds system. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act,\7\ in general, and furthers the objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\8\ 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. --------------------------------------------------------------------------- \7\ 15 U.S.C. 78f(b). \8\ 15 U.S.C. 78f(b)(4), (5). --------------------------------------------------------------------------- The Exchange believes that the proposed changes to eliminate the transaction fee for orders that take liquidity from the NYSE bonds Book is reasonable and equitable as it is designed to incentivize the submission of such orders and increase order volume on the Exchange. The proposed fee change is a reasonable amendment to the Exchange's fee schedule and is equitably allocated and does not unfairly discriminate between customers, issuers, and brokers or dealers because all Users are eligible to submit (or not submit) displayed liquidity taking orders in bonds traded on the Exchange. The Exchange believes that the proposed fee change is a reasonable method to incentivize the submission of such orders, which the Exchange believes will result in a greater number of bonds transacted on the Exchange, thereby increasing displayed liquidity and traded volume on the Exchange. The Exchange is proposing to adopt a pricing model whereby Users that take liquidity from the NYSE Bonds system would not pay a fee. The proposed rule change will therefore benefit all Users that take liquidity from the NYSE Bonds system. The Exchange further believes that the proposed rule change is equitable and not unfairly discriminatory in that it will apply uniformly to all Users accessing the NYSE Bonds system. All similarly situated Users would be subject to the same fee structure, and each User would have the ability to determine the extent to which the Exchange's proposed structure will provide it with an economic incentive to use the NYSE Bonds system, and model its business accordingly. B. Self-Regulatory Organization's Statement on Burden on Competition In accordance with Section 6(b)(8) of the Act,\9\ 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. Debt securities typically trade in a decentralized OTC dealer market that is less liquid and transparent than the equities markets. The Exchange believes that the proposed change would increase competition with these OTC venues by creating additional incentives to engage in bonds transactions on the Exchange and rewarding market participants for actively quoting and providing liquidity in the only transparent bond market, which the Exchange believes will enhance market quality. --------------------------------------------------------------------------- \9\ 15 U.S.C. 78f(b)(8). --------------------------------------------------------------------------- The Exchange notes that it operates in a highly competitive market in which market participants can readily favor competing venues that are not transparent. In such an environment, the Exchange must continually review, and consider adjusting its fees and rebates to remain competitive with other exchanges as well as with alternative trading systems and other venues that are not required to comply 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 change will impair the ability of member organizations or competing order execution venues to maintain their competitive standing in the financial markets. [[Page 72844]] 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) \10\ of the Act and subparagraph (f)(2) of Rule 19b-4 \11\ thereunder, because it establishes a due, fee, or other charge imposed by the Exchange. --------------------------------------------------------------------------- \10\ 15 U.S.C. 78s(b)(3)(A). \11\ 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) \12\ of the Act to determine whether the proposed rule change should be approved or disapproved. --------------------------------------------------------------------------- \12\ 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 CommentsUse 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-NYSE-2016-65 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-NYSE-2016-65. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSE-2016-65, and should be submitted on or before November 14, 2016. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\13\ --------------------------------------------------------------------------- \13\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Robert W. Errett, Deputy Secretary. [FR Doc. 2016-25466 Filed 10-20-16; 8:45 am] BILLING CODE 8011-01-P
![72842 Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Notices
telephone for advice on filing Priority Mail Contract 248 to Kenneth R. Moeller; Comments Due:
alternatives. Competitive Product List and Notice of October 25, 2016.
FOR FURTHER INFORMATION CONTACT:
Filing (Under Seal) of Unredacted 7. Docket No(s).: CP2017–17; Filing
David A. Trissell, General Counsel, at Governors’ Decision, Contract, and Title: Notice of United States Postal
202–789–6820. Supporting Data; Filing Acceptance Service of Filing a Functionally
Date: October 14, 2016; Filing Authority: Equivalent Global Expedited Package
SUPPLEMENTARY INFORMATION:
39 U.S.C. 3642 and 39 CFR 3020.30 et Services 3 Negotiated Service
Table of Contents seq.; Public Representative: Curtis E. Agreement and Application for Non-
Kidd; Comments Due: October 24, 2016. Public Treatment of Materials Filed
I. Introduction
II. Docketed Proceeding(s) 2. Docket No(s).: MC2017–6 and Under Seal; Filing Acceptance Date:
CP2017–12; Filing Title: Request of the October 14, 2016; Filing Authority: 39
I. Introduction United States Postal Service to Add CFR 3015.5; Public Representative:
The Commission gives notice that the Priority Mail Express & Priority Mail Curtis E. Kidd; Comments Due: October
Postal Service filed request(s) for the Contract 37 to Competitive Product List 26, 2016.
Commission to consider matters related and Notice of Filing (Under Seal) of This notice will be published in the
to negotiated service agreement(s). The Unredacted Governors’ Decision, Federal Register.
request(s) may propose the addition or Contract, and Supporting Data; Filing
Stacy L. Ruble,
removal of a negotiated service Acceptance Date: October 14, 2016;
Secretary.
agreement from the market dominant or Filing Authority: 39 U.S.C. 3642 and 39
CFR 3020.30 et seq.; Public [FR Doc. 2016–25461 Filed 10–20–16; 8:45 am]
the competitive product list, or the
modification of an existing product Representative: Curtis E. Kidd; BILLING CODE 7710–FW–P
currently appearing on the market Comments Due: October 24, 2016.
dominant or the competitive product 3. Docket No(s).: CP2017–13; Filing
list. Title: Notice of United States Postal SECURITIES AND EXCHANGE
Section II identifies the docket Service of Filing a Functionally COMMISSION
number(s) associated with each Postal Equivalent Global Expedited Package
Service request, the title of each Postal Services 3 Negotiated Service [Release No. 34–79106; File No. SR–NYSE–
Service request, the request’s acceptance Agreement and Application for Non- 2016–65]
date, and the authority cited by the Public Treatment of Materials Filed
Under Seal; Filing Acceptance Date: Self-Regulatory Organizations; New
Postal Service for each request. For each York Stock Exchange LLC; Notice of
request, the Commission appoints an October 14, 2016; Filing Authority: 39
CFR 3015.5; Public Representative: Filing and Immediate Effectiveness of
officer of the Commission to represent Proposed Rule Change To Amend Its
the interests of the general public in the Jennaca D. Upperman; Comments Due:
October 25, 2016. Price List To Eliminate Take Fees for
proceeding, pursuant to 39 U.S.C. 505 Bonds Executed on the NYSE BondsSM
(Public Representative). Section II also 4. Docket No(s).: CP2017–14; Filing
Title: Notice of United States Postal System
establishes comment deadline(s)
pertaining to each request. Service of Filing a Functionally October 17, 2016.
The public portions of the Postal Equivalent Global Expedited Package Pursuant to Section 19(b)(1) 1 of the
Service’s request(s) can be accessed via Services 3 Negotiated Service Securities Exchange Act of 1934 (the
the Commission’s Web site (http:// Agreement and Application for Non- ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
www.prc.gov). Non-public portions of Public Treatment of Materials Filed notice is hereby given that, on October
the Postal Service’s request(s), if any, Under Seal; Filing Acceptance Date: 3, 2016, New York Stock Exchange LLC
can be accessed through compliance October 14, 2016; Filing Authority: 39 (‘‘NYSE’’ or the ‘‘Exchange’’) filed with
with the requirements of 39 CFR CFR 3015.5; Public Representative: the Securities and Exchange
3007.40. Jennaca D. Upperman; Comments Due: Commission (the ‘‘Commission’’) the
The Commission invites comments on October 25, 2016. proposed rule change as described in
whether the Postal Service’s request(s) 5. Docket No(s).: CP2017–15; Filing Items I, II, and III below, which Items
in the captioned docket(s) are consistent Title: Notice of United States Postal have been prepared by the self-
with the policies of title 39. For Service of Filing a Functionally regulatory organization. The
request(s) that the Postal Service states Equivalent Global Expedited Package Commission is publishing this notice to
concern market dominant product(s), Services 3 Negotiated Service solicit comments on the proposed rule
applicable statutory and regulatory Agreement and Application for Non- change from interested persons.
requirements include 39 U.S.C. 3622, 39 Public Treatment of Materials Filed
U.S.C. 3642, 39 CFR part 3010, and 39 Under Seal; Filing Acceptance Date: I. Self-Regulatory Organization’s
CFR part 3020, subpart B. For request(s) October 14, 2016; Filing Authority: 39 Statement of the Terms of Substance of
that the Postal Service states concern CFR 3015.5; Public Representative: the Proposed Rule Change
competitive product(s), applicable Kenneth R. Moeller; Comments Due: The Exchange proposes to amend its
statutory and regulatory requirements October 25, 2016. Price List to eliminate take fees for
include 39 U.S.C. 3632, 39 U.S.C. 3633, 6. Docket No(s).: CP2017–16; Filing bonds executed on the NYSE BondsSM
Title: Notice of United States Postal
asabaliauskas on DSK3SPTVN1PROD with NOTICES
39 U.S.C. 3642, 39 CFR part 3015, and system. The proposed rule change is
39 CFR part 3020, subpart B. Comment Service of Filing a Functionally available on the Exchange’s Web site at
deadline(s) for each request appear in Equivalent Global Expedited Package www.nyse.com, at the principal office of
section II. Services 3 Negotiated Service the Exchange, and at the Commission’s
Agreement and Application for Non- Public Reference Room.
II. Docketed Proceeding(s) Public Treatment of Materials Filed
1. Docket No(s).: MC2017–5 and Under Seal; Filing Acceptance Date: 1 15 U.S.C. 78s(b)(1).
CP2017–11; Filing Title: Request of the October 14, 2016; Filing Authority: 39 2 15 U.S.C. 78a.
United States Postal Service to Add CFR 3015.5; Public Representative: 3 17 CFR 240.19b–4.
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![72844 Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Notices
C. Self-Regulatory Organization’s rules/sro.shtml). Copies of the proposed rule change from interested
Statement on Comments on the submission, all subsequent persons.
Proposed Rule Change Received From amendments, all written statements
I. Self-Regulatory Organization’s
Members, Participants, or Others with respect to the proposed rule
Statement of the Terms of Substance of
No written comments were solicited change that are filed with the
the Proposed Rule Change
or received with respect to the proposed Commission, and all written
communications relating to the The Exchange proposes to amend
rule change.
proposed rule change between the Chapter XV, entitled ‘‘Options Pricing,’’
III. Date of Effectiveness of the Commission and any person, other than at Section 3, entitled ‘‘NASDAQ
Proposed Rule Change and Timing for those that may be withheld from the Options Market—Access Services.’’
Commission Action public in accordance with the Chapter XV governs pricing for
The foregoing rule change is effective provisions of 5 U.S.C. 552, will be Exchange members using the NASDAQ
upon filing pursuant to Section available for Web site viewing and Options Market LLC (‘‘NOM’’), the
19(b)(3)(A) 10 of the Act and printing in the Commission’s Public Exchange’s facility for executing and
subparagraph (f)(2) of Rule 19b–4 11 Reference Room, 100 F Street NE., routing standardized equity and index
thereunder, because it establishes a due, Washington, DC 20549 on official options. The Exchange proposes to
fee, or other charge imposed by the business days between the hours of amend Specialized Quote Feed (‘‘SQF’’)
Exchange. 10:00 a.m. and 3:00 p.m. Copies of such Port 3 Fees.
At any time within 60 days of the filing also will be available for The text of the proposed rule change
filing of such proposed rule change, the inspection and copying at the principal is available on the Exchange’s Web site
Commission summarily may office of the Exchange. All comments at http://nasdaq.cchwallstreet.com, at
received will be posted without change; the principal office of the Exchange, and
temporarily suspend such rule change if
at the Commission’s Public Reference
it appears to the Commission that such the Commission does not edit personal
Room.
action is necessary or appropriate in the identifying information from
public interest, for the protection of submissions. You should submit only II. Self-Regulatory Organization’s
investors, or otherwise in furtherance of information that you wish to make Statement of the Purpose of, and
the purposes of the Act. If the available publicly. All submissions Statutory Basis for, the Proposed Rule
Commission takes such action, the should refer to File Number SR–NYSE– Change
Commission shall institute proceedings 2016–65, and should be submitted on or In its filing with the Commission, the
under Section 19(b)(2)(B) 12 of the Act to before November 14, 2016. Exchange included statements
determine whether the proposed rule For the Commission, by the Division of concerning the purpose of and basis for
change should be approved or Trading and Markets, pursuant to delegated the proposed rule change and discussed
disapproved. authority.13 any comments it received on the
IV. Solicitation of Comments Robert W. Errett, proposed rule change. The text of these
Deputy Secretary. statements may be examined at the
Interested persons are invited to places specified in Item IV below. The
[FR Doc. 2016–25466 Filed 10–20–16; 8:45 am]
submit written data, views, and Exchange has prepared summaries, set
BILLING CODE 8011–01–P
arguments concerning the foregoing, forth in sections A, B, and C below, of
including whether the proposed rule the most significant aspects of such
change is consistent with the Act. statements.
SECURITIES AND EXCHANGE
Comments may be submitted by any of
COMMISSION A. Self-Regulatory Organization’s
the following methods:
[Release No. 34–79105; File No. SR– Statement of the Purpose of, and
Electronic Comments Statutory Basis for, the Proposed Rule
NASDAQ–2016–133]
• Use the Commission’s Internet Change
comment form (http://www.sec.gov/ Self-Regulatory Organizations; The
1. Purpose
rules/sro.shtml); or NASDAQ Stock Market LLC; Notice of
• Send an email to rule-comments@ Filing and Immediate Effectiveness of The Exchange proposes to amend the
sec.gov. Please include File Number SR– Proposed Rule Change To Amend SQF Port Fees in Chapter XV, Section 3
NYSE–2016–65 on the subject line. Specialized Quote Feed Port Fees of the NOM Rules, while the Exchange
transitions to state-of-the-art hardware
Paper Comments October 17, 2016. and software architecture to achieve a
• Send paper comments in triplicate Pursuant to Section 19(b)(1) of the more efficient and more robust
to Brent J. Fields, Secretary, Securities Securities Exchange Act of 1934 infrastructure to support the growing
and Exchange Commission, 100 F Street (‘‘Act’’),1 and Rule 19b–4 thereunder,2 needs of our Options Participants
NE., Washington, DC 20549–1090. notice is hereby given that on October (‘‘NOM Refresh’’). In connection with
All submissions should refer to File 3, 2016, The NASDAQ Stock Market the NOM Refresh, NOM Market Makers
Number SR–NYSE–2016–65. This file LLC (‘‘Nasdaq’’ or ‘‘Exchange’’) filed will be required to make changes to
number should be included on the with the Securities and Exchange
subject line if email is used. To help the Commission (‘‘SEC’’ or ‘‘Commission’’) 3 SQF ports are ports that receive inbound quotes
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Commission process and review your the proposed rule change as described at any time within that month. The SQF Port allows
in Items I, II, and III, below, which Items a NOM Market Maker to access information such as
comments more efficiently, please use execution reports and other relevant data through
only one method. The Commission will have been prepared by the Exchange. a single feed. For example, this data would show
post all comments on the Commission’s The Commission is publishing this which symbols are trading on NOM and the current
Internet Web site (http://www.sec.gov/ notice to solicit comments on the state of an options symbol (i.e., open for trading,
trading, halted or closed). Auction notifications and
execution reports are also available. NOM Market
10 15 U.S.C. 78s(b)(3)(A). 13 17 CFR 200.30–3(a)(12). Makers rely on data available through the SQF Port
11 17 CFR 240.19b–4(f)(2). 1 15 U.S.C. 78s(b)(1). to provide them the necessary information to
12 15 U.S.C. 78s(b)(2)(B). 2 17 CFR 240.19b–4. perform market making activities.
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Document Created: 2018-02-13 16:36:13
Document Modified: 2018-02-13 16:36:13
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 81 FR 72842 |
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