81 FR 81182 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE Arca Options Fee Schedule Effective November 3, 2016
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 81, Issue 222 (November 17, 2016)
Federal Register Volume 81, Issue 222 (November 17, 2016)
| Page Range | 81182-81184 | |
| FR Document | 2016-27602 |
[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)] [Notices] [Pages 81182-81184] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27602] ======================================================================= ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-79291; File No. SR-NYSEArca-2016-144] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE Arca Options Fee Schedule Effective November 3, 2016 November 10, 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 November 3, 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 the Substance of the Proposed Rule Change The Exchange proposes to amend the NYSE Arca Options Fee Schedule (``Fee Schedule''). The Exchange proposes to implement the fee change effective November 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 Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of this filing is to amend the Fee Schedule effective November 3, 2016. Specifically, the Exchange proposes to (i) modify the qualification for Tier 6 of Customer and Professional Customer Monthly Posting Credit Tiers and Qualifications in Penny Pilot Issues (the ``Posting Tiers''); and (ii) modify one aspect of the Customer and Professional Customer Incentive Program. Currently, to qualify for Tier 6 of the Posting Tiers, OTP Holders and OTP Firms (``OTPs'') must execute at least 0.50% of Total Industry Customer equity and ETF option ADV (``TCADV'') from Customer and Professional Customer posted orders in all issues (``the options component''), plus executed ADV of 0.70% of U.S. equity market share posted and executed on NYSE Arca Equity Market (``the equity component''). OTPs that achieve Tier 6 are eligible to receive a $0.48 credit applied to posted electronic Customer and Professional Customer executions in Penny Pilot Issues. In addition, the Customer and Professional Customer Incentive Program (``the Incentive Program''), which provides OTPs six alternatives to earn additional posting credits ranging from $0.01 to $0.05, currently affords OTPs the ability to earn an additional $0.03 credit on Customer and Professional Customer Posting Credits by meeting the same 0.70% minimum qualification of the equity component as set forth in Tier 6. The Exchange is proposing to modify Tier 6 of the Posting Tiers by reducing the options component from 0.50% TCADV to 0.35% TCADV, while increasing the threshold of the equity component from 0.70% to 0.80% of U.S. [[Page 81183]] equity market share posted and executed on NYSE Arca Equity Market. In addition, to maintain parity with the Incentive Program that likewise offers a credit when an OTP meets the same 0.70% minimum qualification of the equity component as set forth in current Tier 6, the Exchange similarly proposes to increase this qualification basis. Specifically, the Exchange proposes to increase the equity threshold alternative from 0.70% to 0.80% of U.S. equity market share posted and executed on NYSE Arca Equity Market qualification in order for OTPs to qualify to earn an additional $0.03 credit. The Exchange believes that the proposal to modify Tier 6 of the Posting Tiers by reducing the option component, while increasing the equity component would encourage greater participation on both the options and equity exchanges. The Exchange likewise believes that the proposed change to the Incentive Program would operate to maintain parity with the similar, alternative incentives offered by the Exchange and would also encourage participation in the NYSE Arca Equity Market. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act,\4\ in general, and furthers the objectives of Sections 6(b)(4) and (5) of the Act,\5\ 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. --------------------------------------------------------------------------- \4\ 15 U.S.C. 78f(b). \5\ 15 U.S.C. 78f(b)(4) and (5). --------------------------------------------------------------------------- The Exchange believes that the proposed to modifications to the qualifications for Tier 6 of the Posting Tiers, and the similar adjustment to the Incentive Program, are reasonable, equitable, and not unfairly discriminatory because the changes are designed to attract additional Customer and Professional Customer electronic equity and ETF option volume to the Exchange, which would benefit all participants by offering greater price discovery, increased transparency, and an increased opportunity to trade on the Exchange. The Exchange believes that adjusting the methods for achieving the credits available on the Exchange (i.e., by reducing the qualification basis for the options component, while increasing the qualification basis for the equity component) is reasonable, equitable and not unfairly discriminatory because it would encourage more OTPs to direct both options and equity volume to the Exchange in an effort to qualify for the credits. For these 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,\6\ the Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. Instead, the Exchange believes that the proposed changes would continue to encourage competition, including by attracting additional liquidity to the Exchange, which would continue to make the Exchange a more competitive venue for, among other things, order execution and price discovery. The Exchange does not believe that the proposed change would impair the ability of any market participants or competing order execution venues to maintain their competitive standing in the financial markets. --------------------------------------------------------------------------- \6\ 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. In such an environment, the Exchange must continually review, and consider adjusting, its fees and credits to remain competitive with other 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 degree to which fee changes in this market may impose any burden on competition is extremely limited. For the reasons described above, the Exchange believes that the proposed rule change reflects this competitive environment. 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) \7\ of the Act and subparagraph (f)(2) of Rule 19b- 4 \8\ thereunder, because it establishes a due, fee, or other charge imposed by the Exchange. --------------------------------------------------------------------------- \7\ 15 U.S.C. 78s(b)(3)(A). \8\ 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) \9\ of the Act to determine whether the proposed rule change should be approved or disapproved. --------------------------------------------------------------------------- \9\ 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-NYSEArca-2016-144 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-NYSEArca-2016-144. 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 [[Page 81184]] 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-NYSEArca-2016-144, and should be submitted on or before December 8, 2016. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\10\ --------------------------------------------------------------------------- \10\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Brent J. Fields, Secretary. [FR Doc. 2016-27602 Filed 11-16-16; 8:45 am] BILLING CODE 8011-01-P
![81182 Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices
including whether an insulin pump is agency’s estimate of the burden of the II. Self-Regulatory Organization’s
required, as well as the care and proposed collection of information, Statement of the Purpose of, and
maintenance of all required diabetes including the validity of the information Statutory Basis for, the Proposed Rule
related monitors and equipment. This to be collected; and, ways to minimize Change
form assists the Peace Corps in the burden of the collection of In its filing with the Commission, the
determining whether the Applicant will information on those who are to self-regulatory organization included
be in need of insulin storage while in respond, including through the use of statements concerning the purpose of,
service and, if so, will assist the Peace automated collection techniques, when and basis for, the proposed rule change
Corps in determining an appropriate appropriate, and other forms of and discussed any comments it received
placement for the Applicant. information technology. on the proposed rule change. The text
• Prescription for Eyeglasses Form This notice is issued in Washington, DC, of those statements may be examined at
on November 8, 2016. the places specified in Item IV below.
(a) Estimated number of Ap- 3,293/3,293.
Monique Harris, The Exchange has prepared summaries,
plicants/physicians.
set forth in sections A, B, and C below,
(b) Frequency of response ... one time. FOIA/Privacy Act Specialist, Management.
(c) Estimated average bur- 60 minutes/15 min- of the most significant parts of such
[FR Doc. 2016–27565 Filed 11–16–16; 8:45 am]
den per response. utes. statements.
(d) Estimated total reporting 3,293 hours/824 BILLING CODE 6051–01–P3
burden. hours. A. Self-Regulatory Organization’s
(e) Estimated annual cost to Indeterminate. Statement of the Purpose of, and
respondents. Statutory Basis for, the Proposed Rule
SECURITIES AND EXCHANGE Change
General Description of Collection: The
Prescription for Eyeglasses is used with COMMISSION 1. Purpose
Applicants who have reported on the The purpose of this filing is to amend
Health History Form that they use [Release No. 34–79291; File No. SR–
the Fee Schedule effective November 3,
corrective lenses or otherwise have NYSEArca–2016–144]
2016. Specifically, the Exchange
uncorrected vision that is worse than proposes to (i) modify the qualification
20/40. In these cases, Applicants are Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and for Tier 6 of Customer and Professional
provided a Prescription for Eyeglasses Customer Monthly Posting Credit Tiers
Form for their prescriber to indicate Immediate Effectiveness of Proposed
Rule Change To Amend the NYSE Arca and Qualifications in Penny Pilot Issues
eyeglasses frame measurements, lens (the ‘‘Posting Tiers’’); and (ii) modify
instructions, type of lens, gross vision Options Fee Schedule Effective
November 3, 2016 one aspect of the Customer and
and any special instructions. This form Professional Customer Incentive
is used in order to enable the Peace Program.
November 10, 2016.
Corps to obtain replacement eyeglasses
Currently, to qualify for Tier 6 of the
for a Volunteer during service. Pursuant to Section 19(b)(1) 1 of the
Posting Tiers, OTP Holders and OTP
Securities Exchange Act of 1934 (the
• Required Peace Corps Immunizations Form Firms (‘‘OTPs’’) must execute at least
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
0.50% of Total Industry Customer
notice is hereby given that, on
(a) Estimated number of Ap- 5,600. equity and ETF option ADV (‘‘TCADV’’)
plicants/physicians. November 3, 2016, NYSE Arca, Inc. (the
from Customer and Professional
(b) Frequency of response ... one time. ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with Customer posted orders in all issues
(c) Estimated average bur- 60 minutes. the Securities and Exchange
den per response. (‘‘the options component’’), plus
(d) Estimated total reporting 5,600 hours. Commission (the ‘‘Commission’’) the executed ADV of 0.70% of U.S. equity
burden. proposed rule change as described in market share posted and executed on
(e) Estimated annual cost to Indeterminate. Items I, II, and III below, which Items
respondents. NYSE Arca Equity Market (‘‘the equity
have been prepared by the self- component’’). OTPs that achieve Tier 6
General Description of Collection: The regulatory organization. The are eligible to receive a $0.48 credit
Required Peace Corps Immunizations Commission is publishing this notice to applied to posted electronic Customer
Form is used to informed Applicants of solicit comments on the proposed rule and Professional Customer executions
the specific vaccines and/or change from interested persons. in Penny Pilot Issues.
documented proof of immunity required I. Self-Regulatory Organization’s In addition, the Customer and
for medical clearance for the specific Statement of the Terms of the Substance Professional Customer Incentive
country of service. The form advises the of the Proposed Rule Change Program (‘‘the Incentive Program’’),
Applicant that all other Center for which provides OTPs six alternatives to
Disease Control (CDC) recommended The Exchange proposes to amend the earn additional posting credits ranging
vaccinations will be administered after NYSE Arca Options Fee Schedule (‘‘Fee from $0.01 to $0.05, currently affords
arrival in-country. This form assists the Schedule’’). The Exchange proposes to OTPs the ability to earn an additional
Peace Corps with establishing a baseline implement the fee change effective $0.03 credit on Customer and
of the Applicants immunization history November 3, 2016. The proposed rule Professional Customer Posting Credits
and prepare for any additional vaccines change is available on the Exchange’s by meeting the same 0.70% minimum
asabaliauskas on DSK3SPTVN1PROD with NOTICES
recommended for country of service. Web site at www.nyse.com, at the qualification of the equity component as
Request for Comment: Peace Corps principal office of the Exchange, and at set forth in Tier 6.
invites comments on whether the the Commission’s Public Reference The Exchange is proposing to modify
proposed collections of information are Room. Tier 6 of the Posting Tiers by reducing
necessary for proper performance of the the options component from 0.50%
functions of the Peace Corps, including 1 15 U.S.C. 78s(b)(1). TCADV to 0.35% TCADV, while
whether the information will have 2 15 U.S.C. 78a. increasing the threshold of the equity
practical use; the accuracy of the 3 17 CFR 240.19b–4. component from 0.70% to 0.80% of U.S.
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![81184 Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices
Reference Room, 100 F Street NE., Amendment No. 1’’).4 The Commission Under the proposals,9 if the adjusted
Washington, DC 20549 on official received one comment letter on price of the Post-Only Order would lock
business days between the hours of Nasdaq’s proposed rule change 5 and a or cross a non-displayed price on the
10:00 a.m. and 3:00 p.m. Copies of such response letter from Nasdaq.6 The respective Exchange’s Book, the Post-
filing also will be available for Commission is approving the Only order would be posted in the same
inspection and copying at the principal Exchanges’ proposals, as modified by manner as a Price to Comply Order.10
office of the Exchange. All comments their corresponding Amendment No. 1. However, the Post Only Order would
received will be posted without change; execute:
the Commission does not edit personal II. Description of the Proposed Rule • On Nasdaq if (i) it is priced below
identifying information from Changes $1.00 and the value of price
submissions. You should submit only The Exchanges are proposing to improvement associated with executing
information that you wish to make amend the behavior of Post-Only Orders against an Order on the Nasdaq Book (as
available publicly. All submissions when they interact with resting Non- measured against the original limit price
should refer to File Number SR– Displayed Orders, and the behavior of of the Order) equals or exceeds the sum
NYSEArca–2016–144, and should be Orders with Midpoint Pegging in a of fees changed for such execution and
submitted on or before December 8, crossed market. The Exchanges’ the value of any rebate that would be
2016. proposals are substantively identical in provided if the Order posted to the
For the Commission, by the Division of many respects. Therefore, the Nasdaq Book and subsequently
Trading and Markets, pursuant to delegated description below describes the provided liquidity, or (ii) it is priced at
authority.10 proposals jointly but notes material $1.00 or more and the value of price
Brent J. Fields, differences where applicable.7 improvement associated with executing
Secretary. Currently, BX and Nasdaq Rules against an Order on the Nasdaq Book (as
[FR Doc. 2016–27602 Filed 11–16–16; 8:45 am] 4702(b)(4)(A) provide that, if the measured against the original limit price
BILLING CODE 8011–01–P
adjusted price 8 of a Post-Only Order of the Order) equals or exceeds $0.01
would lock or cross an Order on the per share; 11 and
respective Exchange’s Book, the Post- • on BX, if (i) it is priced at $1.00 or
SECURITIES AND EXCHANGE Only Order would be repriced, ranked, more,12 or (ii) it is priced below $1.00
COMMISSION and displayed at one minimum price and the value of price improvement
increment below the current best-priced associated with executing against an
[Release No. 34–79290; File Nos. SR–BX– Order on the Exchange Book (as
2016–046; SR–NASDAQ–2016–111]
Order to sell on the respective
Exchange’s Book (for bids) or above the measured against the original limit price
Self-Regulatory Organizations; current best-priced Order to buy on the of the Order) equals or exceeds the sum
NASDAQ BX, Inc.; The Nasdaq Stock respective Exchange’s Book (for offers). of fees charged for such execution and
Market LLC; Order Approving the value of any rebate that would be
Proposed Rule Changes, as Modified 4 In their respective Amendment No. 1, BX and provided if the Order posted to the
by Amendments No. 1, Relating to Nasdaq modified the discussion of their respective Exchange Book and subsequently
Post-Only Orders and Orders With
proposal to reflect that, pursuant to proposed BX provided liquidity.13
and Nasdaq Rules 4702(b)(4)(A), if the adjusted Currently, BX and Nasdaq Rules
Midpoint Pegging price of a Post-Only Order would lock or cross a
non-displayed price on the respective Exchange’s 4702(b)(4)(A) also provide that, if the
November 10, 2016. Book, the Post-Only Order would be posted in the Post-Only Order would not lock or cross
same manner as a Price to Comply Order. BX a Protected Quotation but would lock or
I. Introduction Amendment No. 1 is available at: https:// cross an Order on the respective
On September 13, 2016, NASDAQ BX, www.sec.gov/comments/sr-bx-2016-046/bx2016046-
1.pdf and Nasdaq Amendment No. 1 is available at: Exchange’s Book, the Post Only Order
Inc. (‘‘BX’’) and The Nasdaq Stock https://www.sec.gov/comments/sr-nasdaq-2016-
Market LLC (‘‘Nasdaq’’) (individually, 111/nasdaq2016111-1.pdf. Because these 9 The Exchanges are also proposing conforming
an ‘‘Exchange,’’ and together, the amendments are technical in nature and do not changes throughout BX and Nasdaq Rules
‘‘Exchanges’’) filed with the Securities materially alter the substance of the proposed rule 4702(b)(4)(A) to reflect this change.
changes, they are not subject to notice and 10 According to BX and Nasdaq Rules
and Exchange Commission comment. 4702(b)(1)(A), if the entered limit price of a Price
(‘‘Commission’’), pursuant to Section 5 See Letter from Joseph Saluzzi and Sal Arnuk, to Comply Order would lock or cross a Protected
19(b)(1) of the Securities Exchange Act Partners, Themis Trading LLC, to Brent J. Fields, Quotation and the Price to Comply Order could not
of 1934 (‘‘Act’’) 1 and Rule 19b–4 Secretary, Commission, dated October 10, 2016 execute against an Order on the respective
thereunder,2 proposed rule changes (‘‘Themis Letter’’). Exchange’s Book at a price equal to or better than
6 See Letter from Jeffrey S. Davis, Vice President the price of the Protected Quotation, the Price to
relating to Post-Only Orders and Orders Comply Order will be displayed on the respective
and Deputy General Counsel, The NASDAQ Stock
with Midpoint Pegging. The proposed Market LLC, to Brent J. Fields, Secretary, Exchange’s Book at a price one minimum price
rule changes were published for Commission, dated November 8, 2016 (‘‘Response increment lower than the current Best Offer (for a
comment in the Federal Register on Letter’’). Price to Comply Order to buy) or higher than the
7 For more details regarding the Exchanges’ current Best Bid (for a Price to Comply Order to
September 28, 2016.3 On October 5, sell), but will also be ranked on the respective
proposals, see Nasdaq Notice and BX Notice, supra
2016, Nasdaq filed Amendment No. 1 to note 3. Exchange’s Book with a non-displayed price equal
its proposed rule change (‘‘Nasdaq 8 According to BX and Nasdaq Rules to the current Best Offer (for a Price to Comply
Amendment No. 1’’) and on November 4702(b)(4)(A), if a Post-Only Order would lock or Order to buy) or the current Best Bid (for a Price
to Comply Order to sell).
3, 2016, BX filed Amendment No. 1 to
asabaliauskas on DSK3SPTVN1PROD with NOTICES
cross a Protected Quotation, the price of the Order
11 This behavior related to the execution of the
its proposed rule change (‘‘BX would first be adjusted. If the Order is Attributable,
its adjusted price would be one minimum price Post-Only Order is not changed by Nasdaq’s
increment lower than the current Best Offer (for proposal.
10 17 CFR 200.30–3(a)(12). 12 On BX, unlike on Nasdaq, executions in
bids) or higher than the current Best Bid (for offers).
1 15 U.S.C. 78s(b)(1). securities priced at or above $1 result in rebates for
If the Order is not Attributable, its adjusted price
2 17 CFR 240.19b–4. would be equal to the current Best Offer (for bids) the accessor of liquidity and as such it is always
3 See Securities Exchange Act Release Nos. 78909 or the current Best Bid (for offers). However, the in the best interest of the incoming Post-Only Order
(September 22, 2016), 81 FR 66708 (‘‘BX Notice’’) Order would not post or execute until the Order, to execute in securities at or above $1.
and 78908 (September 22, 2016), 81 FR 66702 as adjusted, is evaluated with respect to Orders on 13 This behavior related to the execution of the
(‘‘Nasdaq Notice’’). the respective Exchange’s Book. Post-Only Order is not changed by BX’s proposal.
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Document Created: 2016-11-17 03:00:35
Document Modified: 2016-11-17 03:00:35
| 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 81182 |
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