81 FR 75462 - Options Price Reporting Authority; Notice of Filing and Immediate Effectiveness of Proposed Amendment to the Plan for Reporting of Consolidated Options Last Sale Reports and Quotation Information To Amend the Professional Subscriber Device-Based Fees and Policies with Respect to Device-Based Fees
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 81, Issue 210 (October 31, 2016)
Federal Register Volume 81, Issue 210 (October 31, 2016)
| Page Range | 75462-75464 | |
| FR Document | 2016-26135 |
[Federal Register Volume 81, Number 210 (Monday, October 31, 2016)] [Notices] [Pages 75462-75464] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26135] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-79152; File No. SR-OPRA-2016-01] Options Price Reporting Authority; Notice of Filing and Immediate Effectiveness of Proposed Amendment to the Plan for Reporting of Consolidated Options Last Sale Reports and Quotation Information To Amend the Professional Subscriber Device-Based Fees and Policies with Respect to Device-Based Fees October 25, 2016. Pursuant to Section 11A of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given that on September 29, 2016, the Options Price Reporting Authority (``OPRA'') submitted to the Securities and Exchange Commission (``Commission'') an amendment to the Plan for Reporting of Consolidated Options Last Sale Reports and Quotation Information (``OPRA Plan'').\3\ The OPRA Plan Amendment would implement changes to the Professional Subscriber Device-Based Fee effective January 1, 2017. The OPRA Plan Amendment would also implement minor clarifying changes to the Policies with Respect to Device-Based Fees, effective immediately. The Commission is publishing this notice to provide interested persons an opportunity to submit written comments on the OPRA Plan amendment. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78k-1. \2\ 17 CFR 242.608. \3\ The OPRA Plan is a national market system plan approved by the Commission pursuant to Section 11A of the Act and Rule 608 thereunder. See Securities Exchange Act Release No. 17638 (March 18, 1981), 22 S.E.C. Docket 484 (March 31, 1981). The full text of the OPRA Plan is available at http://www.opradata.com. The OPRA Plan provides for the collection and dissemination of last sale and quotation information on options that are traded on the participant exchanges. The fourteen participants to the OPRA Plan are BATS Exchange, Inc., BOX Options Exchange, LLC, Chicago Board Options Exchange, Incorporated, C2 Options Exchange, Incorporated, EDGX Exchange, Inc., International Securities Exchange, LLC, ISE Gemini, LLC, ISE Mercury,LLC, Miami International Securities Exchange, LLC, NASDAQ OMX BX, Inc., NASDAQ OMX PHLX LLC, The NASDAQ Stock Market LLC, NYSE MKT LLC, and NYSE Arca, Inc. --------------------------------------------------------------------------- [[Page 75463]] I. Description and Purpose of the Plan Amendment (a) Fee Schedule Amendments The primary purpose of the proposed Fee Schedule amendments is to specify OPRA's Professional Subscriber Device-Based Fee effective commencing January 1, 2017 and make conforming changes in OPRA's Enterprise Rate Professional Subscriber Fee. OPRA's Enterprise Rate Professional Subscriber Fee is available to those Professional Subscribers that elect that rate in place of the regular OPRA device- based fees.\4\ --------------------------------------------------------------------------- \4\ OPRA's Enterprise Rate is based on the number of a Professional Subscriber's U.S. registered representatives and independent investment advisers who contract with the Subscriber to provide advisory services to the Subscriber's customers. --------------------------------------------------------------------------- Specifically, OPRA proposes, effective January 1, 2017, to: (1) Increase the current $29.50 monthly per device fee by $1.00; (2) to increase the Enterprise Rate, currently a monthly fee of $29.50 times the number of a Professional Subscriber's U.S.-based registered representatives, to be a monthly fee of $30.50 times the number of the Subscriber's U.S.-based registered representatives; and (3) make conforming changes to the minimum monthly fee under the Enterprise Rate. ``Professional Subscribers'' are persons who subscribe to OPRA data, do not qualify for the reduced fees charged to ``Nonprofessional Subscribers,'' and do not redistribute the OPRA data to third parties. OPRA permits the counting of ``User IDs'' as a surrogate for counting ``devices'' for purposes of its Professional Subscriber Device-based Fees.\5\ --------------------------------------------------------------------------- \5\ See footnote 2 in the OPRA Fee Schedule and OPRA's Policies with respect to Device-based Fees. --------------------------------------------------------------------------- The number of devices reported to OPRA as subject to Professional Subscriber Device-Based Fees has been steadily trending downwards over many years. In 2008, OPRA received device-based fees, including enterprise fees, with respect to approximately 210,500 devices. In 2014, OPRA received device-based fees, including enterprise fees, with respect to approximately 148,400 devices, and in 2015 OPRA received device-based fees, including enterprise fees, with respect to approximately 141,300 devices. OPRA is receiving device-based fees in the third calendar quarter of 2016 with respect to approximately 135,500 devices--already a reduction of approximately 4.1% from 2015. OPRA believes that this long-term downward trend is the result of the increasing use of trading algorithms and automated trading platforms and other fundamental changes in the securities industry, and OPRA anticipates that this trend is likely to continue. The proposed increase in the Professional Subscriber Device-Based Fees is consistent with OPRA's past practice of making incremental $1.00 increases in its monthly Professional Subscriber Device-Based Fees,\6\ and OPRA believes that OPRA's Professional Subscribers should not be surprised by the increase. The proposed increase in the Professional Subscriber Device-Based Fee--which is an increase of approximately 3.4%--will partially offset the impact on revenue of the reduction in the number of devices in 2016 as compared to 2015. --------------------------------------------------------------------------- \6\ The year 2015 was an exception: For 2015, OPRA implemented an increase of $1.50 in its Professional Subscriber Device-Based Fee, because during 2015 one of OPRA's member exchanges initiated after-hours trading, causing OPRA to incur additional expenses associated with data dissemination during expanded trading hours. OPRA implemented $1.00/month increases in its Professional Subscriber Device-Based Fee for each of the years 2008-2014 and for the year 2016. See, Securities Exchange Act Release No. 72826, 79 FR 48777 (August 18, 2014) (File No. OPRA-2014-06) and Securities Exchange Act Release No. 77585, 81 FR 22668 (April 18, 2016) (File No. OPRA-2015-02). --------------------------------------------------------------------------- A secondary purpose of the proposed Fee Schedule amendments is to add the word ``display'' in the statements of the monthly Professional Subscriber Device-Based Fees for the periods commencing on January 1, 2016 and January 1, 2017. A few OPRA Professional Subscribers have asked whether, if a device is subject to the Professional Subscriber Device-Based Fees, it is therefore not subject to the OPRA Non-Display Use Fees, and suggested that a Subscriber could perhaps avoid payment of Non-Display Use Fees by attaching a display monitor to a server even if the server is being used for Non-Display Use of OPRA data. OPRA believes that this suggestion is not consistent even with the current wording of the Fee Schedule, but that the addition of the word ``display'' will make the wording clearer in this respect. (b) Changes in the Policies With respect to Device-Based Fees The proposed changes in the Policies with respect to Device-Based Fees are for a purpose similar to the purpose described above of adding the word ``display'' in the OPRA Fee Schedule, namely to avert misreading the Policies as saying that, if a Professional Subscriber is paying Device-Based Fees with respect to a device, the payment of the Device-Based Fees in and of itself is a sufficient basis for not paying Non-Display Use Fees even if the Non-Display Use Fees would otherwise be applicable. No Professional Subscriber has actually suggested such a reading to OPRA, and OPRA believes that the suggestion would be untenable even in terms of the current phrasing of the Policies, but OPRA believes that it is appropriate to revise the Policies to make clearer that the Device-based Fees may not be the only fees applicable to a particular device that receives OPRA data. The text of the amendment to the OPRA Plan is available at OPRA, the Commission's Public Reference Room, the OPRA Web site at http://opradata.com, and on the Commission's Web site at www.sec.gov. II. Implementation of the OPRA Plan Amendment Pursuant to paragraph (b)(3)(i) of Rule 608 of Regulation NMS under the Act, OPRA designated this amendment as establishing or changing fees or other charges collected on behalf of all of the OPRA participant exchanges in connection with access to or use of OPRA facilities. OPRA proposes to implement the changes in the Professional Subscriber Device-Based Fee on January 1, 2017. Implementation of the changes in the Professional Subscriber Device-Based Fee on January 1 is consistent with OPRA's prior practice with respect to changes in this fee, and will provide ample opportunity to give persons subject to this fee advance notice of the change. OPRA also proposes to implement the changes in the Policies with respect to Device-Based Fees immediately. The Commission may summarily abrogate the amendment within sixty days of its filing and require refiling and approval of the amendment by Commission order pursuant to Rule 608(b)(2) under the Act \7\ if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or the maintenance of fair and orderly markets, to remove impediments to, and perfect the mechanisms of, a national market system, or otherwise in furtherance of the purposes of the Act.\8\ --------------------------------------------------------------------------- \7\ See 17 CFR 242.608(b)(2). \8\ See 17 CFR 242.608(b)(3)(iii). --------------------------------------------------------------------------- III. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the OPRA Plan amendment is consistent with the Act. Comments may be submitted by any of the following methods: [[Page 75464]] 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 No. SR-OPRA-2016-01 on the subject line. Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-OPRA-2016-01. 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 OPRA Plan amendment that are filed with the Commission, and all written communications relating to the OPRA Plan amendment 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 OPRA. 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-OPRA-2016-01 and should be submitted on or before November 21, 2016. By the Commission. Brent J. Fields, Secretary. [FR Doc. 2016-26135 Filed 10-28-16; 8:45 am] BILLING CODE 8011-01-P
![75462 Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Notices
and have recently been told that their market system, or otherwise in By the Commission.
competitors may not be paying the fees furtherance of the purposes of the Act.11 Brent J. Fields,
on the basis of the ‘‘datafeed’’ argument. Secretary.
OPRA recognizes that equal treatment III. Solicitation of Comments
[FR Doc. 2016–26136 Filed 10–28–16; 8:45 am]
for persons similarly situated is an Interested persons are invited to BILLING CODE 8011–01–P
essential aspect of its operations, and submit written data, views, and
believes that elimination of the word arguments concerning the foregoing,
‘‘datafeed’’ is important to providing including whether the OPRA Plan SECURITIES AND EXCHANGE
equal treatment for persons making amendment is consistent with the Act. COMMISSION
Non-Display Use of OPRA data. Comments may be submitted by any of
Similarly, OPRA believes that it is the following methods:
appropriate to provide relief from the [Release No. 34–79152; File No. SR–OPRA–
Electronic Comments 2016–01]
Non-Display Fee for all data recipients
that make limited Category 1 Non-
• Use the Commission’s Internet Options Price Reporting Authority;
Display Use of OPRA data within the
comment form (http://www.sec.gov/ Notice of Filing and Immediate
scope of the exception. Finally, OPRA
rules/sro.shtml); or Effectiveness of Proposed Amendment
believes that it is appropriate to
reinforce the concept that Non-Display • Send an email to rule-comments@ to the Plan for Reporting of
Use Fees would be applicable if Non- sec.gov. Please include File No. SR– Consolidated Options Last Sale
Display Use is being made of OPRA OPRA–2016–02 on the subject line. Reports and Quotation Information To
data, even if the Non-Display Use is Amend the Professional Subscriber
Paper Comments Device-Based Fees and Policies with
being made on a device that is subject
to Professional Subscriber Device-Based • Send paper comments in triplicate Respect to Device-Based Fees
Fees, again in furtherance of the to Secretary, Securities and Exchange October 25, 2016.
fundamental concept that persons Commission, 100 F Street NE.,
similarly situated should be treated Washington, DC 20549–1090. Pursuant to Section 11A of the
equally. Securities Exchange Act of 1934
All submissions should refer to File (‘‘Act’’) 1 and Rule 608 thereunder,2
The text of the amendment to the Number SR–OPRA–2016–02. This file
OPRA Plan is available at OPRA, the notice is hereby given that on
number should be included on the September 29, 2016, the Options Price
Commission’s Public Reference Room, subject line if email is used. To help the
the OPRA Web site at http:// Reporting Authority (‘‘OPRA’’)
Commission process and review your submitted to the Securities and
opradata.com, and on the Commission’s
comments more efficiently, please use Exchange Commission (‘‘Commission’’)
Web site at www.sec.gov.
only one method. The Commission will an amendment to the Plan for Reporting
II. Implementation of the OPRA Plan post all comments on the Commission’s of Consolidated Options Last Sale
Amendment Internet Web site (http://www.sec.gov/
Reports and Quotation Information
rules/sro.shtml). Copies of the
Pursuant to paragraph (b)(3)(i) of Rule (‘‘OPRA Plan’’).3 The OPRA Plan
submission, all subsequent
608 of Regulation NMS under the Act, Amendment would implement changes
amendments, all written statements
OPRA designated this amendment as to the Professional Subscriber Device-
with respect to the OPRA Plan
establishing or changing fees or other amendment that are filed with the Based Fee effective January 1, 2017. The
charges collected on behalf of all of the Commission, and all written OPRA Plan Amendment would also
OPRA Participant exchanges in communications relating to the OPRA implement minor clarifying changes to
connection with access to or use of Plan amendment between the the Policies with Respect to Device-
OPRA facilities. OPRA proposes to Commission and any person, other than Based Fees, effective immediately. The
implement the revisions in the Non- those that may be withheld from the Commission is publishing this notice to
Display Use Fee footnotes that are public in accordance with the provide interested persons an
described in this amendment on provisions of 5 U.S.C. 552, will be opportunity to submit written
November 1, 2016. According to OPRA, available for Web site viewing and comments on the OPRA Plan
implementation of the revisions as of printing in the Commission’s Public amendment.
that date will permit OPRA to provide Reference Room, 100 F Street NE.,
persons that may be affected by these Washington, DC 20549, on official 1 15 U.S.C. 78k–1.
changes with thirty days’ notice of the business days between the hours of 2 17 CFR 242.608.
changes. 10:00 a.m. and 3:00 p.m. Copies of such
3 The OPRA Plan is a national market system plan
approved by the Commission pursuant to Section
The Commission may summarily filing also will be available for 11A of the Act and Rule 608 thereunder. See
abrogate the amendment within sixty inspection and copying at the principal Securities Exchange Act Release No. 17638 (March
days of its filing and require refiling and office of OPRA. All comments received 18, 1981), 22 S.E.C. Docket 484 (March 31, 1981).
approval of the amendment by will be posted without change; the The full text of the OPRA Plan is available at http://
www.opradata.com. The OPRA Plan provides for
Commission order pursuant to Rule Commission does not edit personal the collection and dissemination of last sale and
608(b)(2) under the Act 10 if it appears identifying information from quotation information on options that are traded on
to the Commission that such action is submissions. You should submit only the participant exchanges. The fourteen participants
sradovich on DSK3GMQ082PROD with NOTICES
necessary or appropriate in the public information that you wish to make to the OPRA Plan are BATS Exchange, Inc., BOX
Options Exchange, LLC, Chicago Board Options
interest, for the protection of investors, available publicly. All submissions Exchange, Incorporated, C2 Options Exchange,
or the maintenance of fair and orderly should refer to File Number SR–OPRA– Incorporated, EDGX Exchange, Inc., International
markets, to remove impediments to, and 2016–02 and should be submitted on or Securities Exchange, LLC, ISE Gemini, LLC, ISE
perfect the mechanisms of, a national before November 21, 2016. Mercury,LLC, Miami International Securities
Exchange, LLC, NASDAQ OMX BX, Inc., NASDAQ
OMX PHLX LLC, The NASDAQ Stock Market LLC,
10 See 17 CFR 242.608(b)(2). 11 See 17 CFR 242.608(b)(3)(iii). NYSE MKT LLC, and NYSE Arca, Inc.
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![75464 Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Notices
Electronic Comments SECURITIES AND EXCHANGE the most significant parts of such
COMMISSION statements.
• Use the Commission’s Internet
comment form (http://www.sec.gov/ A. Self-Regulatory Organization’s
[Release No. 34–79149; File No. SR– Statement of the Purpose of, and
rules/sro.shtml); or BatsBZX–2016–65] Statutory Basis for, the Proposed Rule
• Send an email to rule-comments@ Change
sec.gov. Please include File No. SR– Self-Regulatory Organizations; Bats
OPRA–2016–01 on the subject line. BZX Exchange, Inc.; Notice of Filing 1. Purpose
and Immediate Effectiveness of a The Exchange proposes to amend
Paper Comments Proposed Rule Change to BZX Rule Exchange Rule 11.13(b)(1) to describe
11.13, Order Execution and Routing when an order to sell marked 5 as
• Send paper comments in triplicate
to Secretary, Securities and Exchange October 25, 2016. ‘‘short’’ 6 may be eligible for routing
Commission, 100 F Street NE., Pursuant to Section 19(b)(1) of the when a short sale price test restriction
Washington, DC 20549–1090. Securities Exchange Act of 1934 (the is in effect. Under Rule 201 of
‘‘Act’’),1 and Rule 19b–4 thereunder,2 Regulation SHO,7 a short sale order in
All submissions should refer to File a covered security 8 generally cannot be
notice is hereby given that on October
Number SR–OPRA–2016–01. This file 12, 2016, Bats BZX Exchange, Inc. (the executed or displayed by a Trading
number should be included on the ‘‘Exchange’’ or ‘‘BZX’’) filed with the Center,9 such as the Exchange, at a price
subject line if email is used. To help the Securities and Exchange Commission that is at or below the current national
Commission process and review your (‘‘Commission’’) the proposed rule best bid (‘‘NBB’’) 10 when a short sale
comments more efficiently, please use change as described in Items I, II, and circuit breaker is in effect for the
only one method. The Commission will III below, which Items have been covered security (the ‘‘short sale price
post all comments on the Commission’s prepared by the Exchange. The test restriction’’).11
Internet Web site (http://www.sec.gov/ Under Rule 11.13(b)(1), an order
Exchange has designated this proposal
rules/sro.shtml). Copies of the marked ‘‘short’’ when a short sale price
as a ‘‘non-controversial’’ proposed rule
submission, all subsequent test restriction is in effect is not eligible
change pursuant to Section 19(b)(3)(A)
for routing by the Exchange. If an order
amendments, all written statements of the Act 3 and Rule 19b–4(f)(6)(iii)
is ineligible for routing due to a short
with respect to the OPRA Plan thereunder,4 which renders it effective
sale price test restriction and such order
amendment that are filed with the upon filing with the Commission. The
is an Immediate or Cancel (‘‘IOC’’)
Commission, and all written Commission is publishing this notice to
Order 12 or a BZX Market Order,13 then
communications relating to the OPRA solicit comments on the proposed rule
Plan amendment between the change from interested persons. 5 17 CFR 242.200(g).
Commission and any person, other than I. Self-Regulatory Organization’s 6 The term ‘‘short sale’’ is defined as ‘‘any sale of
those that may be withheld from the a security which the seller does not own or any sale
Statement of the Terms of the Substance which is consummated by the delivery of a security
public in accordance with the of the Proposed Rule Change borrowed by, or for the account of, the seller.’’ 17
provisions of 5 U.S.C. 552, will be CFR 242.200(a).
The Exchange filed a proposal to
available for Web site viewing and 7 See 17 CFR 242.201; Securities Exchange Act
amend Exchange Rule 11.13(b)(1) to Release No. 61595 (February 26, 2010), 75 FR 11232
printing in the Commission’s Public
describe when an order marked as (March 10, 2010).
Reference Room, 100 F Street NE., ‘‘short’’ may be eligible for routing when 8 Rule 201(a)(1) of Regulation SHO defines the
Washington, DC 20549, on official a short sale price test restriction is in term ‘‘covered security’’ to mean any ‘‘NMS stock’’
business days between the hours of effect. as defined under Rule 600(b)(47) of Regulation
10:00 a.m. and 3:00 p.m. Copies of such NMS. Rule 600(b)(47) of Regulation NMS defines an
The text of the proposed rule change ‘‘NMS stock’’ as ‘‘any NMS security other than an
filing also will be available for is available at the Exchange’s Web site option.’’ Rule 600(b)(46) of Regulation NMS defines
inspection and copying at the principal at www.batstrading.com, at the an ‘‘NMS security’’ as ‘‘any security or class of
office of OPRA. All comments received securities for which transaction reports are
principal office of the Exchange, and at collected, processed, and made available pursuant
will be posted without change; the the Commission’s Public Reference to an effective transaction reporting plan, or an
Commission does not edit personal Room. effective national market system plan for reporting
identifying information from transactions in listed options.’’ 17 CFR
II. Self-Regulatory Organization’s 242.201(a)(1); 17 CFR 242.600(b)(46); and 17 CFR
submissions. You should submit only
Statement of the Purpose of, and 242.600(b)(47).
information that you wish to make 9 Rule 201(a)(9) of Regulation SHO states that the
Statutory Basis for, the Proposed Rule
available publicly. All submissions Change term ‘‘Trading Center’’ shall have the same meaning
should refer to File Number SR–OPRA– as in Rule 600(b)(78) of Regulation NMS. Rule
In its filing with the Commission, the 600(b)(78) of Regulation NMS defines a ‘‘Trading
2016–01 and should be submitted on or Center’’ as ‘‘a national securities exchange or
before November 21, 2016. Exchange included statements national securities association that operates an SRO
concerning the purpose of and basis for trading facility, an alternative trading system, an
By the Commission. the proposed rule change and discussed exchange market maker, an OTC market maker, or
Brent J. Fields, any comments it received on the any other broker or dealer that executes orders
internally by trading as principal or crossing orders
Secretary. proposed rule change. The text of these as agent.’’ 17 CFR 242.200(a)(9); 17 CFR
[FR Doc. 2016–26135 Filed 10–28–16; 8:45 am] statements may be examined at the 242.600(b)(78).
sradovich on DSK3GMQ082PROD with NOTICES
BILLING CODE 8011–01–P places specified in Item IV below. The 10 17 CFR 242.201(a)(4); 17 CFR 242.600(b)(42).
Exchange has prepared summaries, set 11 17 CFR 242.201(b)(1).
forth in Sections A, B, and C below, of 12 See Exchange Rule 11.9(b)(1).
13 See Exchange Rule 11.9(a)(2). The Exchange
1 15
also proposes to remove the reference to BZX
U.S.C. 78s(b)(1). Market Orders in Rule 11.13(b)(1) as BZX Market
2 17 CFR 240.19b–4. Orders with a time-in-force of Day that are
3 15 U.S.C. 78s(b)(3)(A).
ineligible for routing due to a short sale price test
4 17 CFR 240.19b–4(f)(6)(iii). restriction pursuant to Rule 201 of Regulation SHO
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Document Created: 2018-02-02 12:13:21
Document Modified: 2018-02-02 12:13:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 81 FR 75462 |
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