81_FR_9060 81 FR 9025 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the NYSE Arca Schedule of Options Fees and Charges

81 FR 9025 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the NYSE Arca Schedule of Options Fees and Charges

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 35 (February 23, 2016)

Page Range9025-9027
FR Document2016-03738

Federal Register, Volume 81 Issue 35 (Tuesday, February 23, 2016)
[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Notices]
[Pages 9025-9027]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03738]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77169; File No. SR-NYSEARCA-2016-26]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending the NYSE 
Arca Schedule of Options Fees and Charges

February 18, 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 February 4, 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.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend the NYSE Arca schedule of Options 
Fees and Charges (``Fee Schedule'') to exclude from its average daily 
volume calculations any trading day on which the Exchange is not open 
for the entire trading day and/or a disruption affects an Exchange 
system that lasts for more than 60 minutes during regular trading 
hours. The Exchange proposes to implement the fee change effective 
February 4, 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 its Fee Schedule to exclude from its 
average daily volume (``ADV'') calculations any trading day on which 
(1) the Exchange is not open for the entire trading day and/or (2) a 
disruption affects an Exchange system that lasts for more than 60 
minutes during regular trading hours. The Exchange proposes to 
implement the fee change effective February 4, 2016.
    As provided in the Exchange's Fee Schedule, several of the 
Exchange's transaction fees and credits are based on trading, quoting 
and liquidity thresholds that involve an ADV calculation. The Exchange 
proposes to add a clause permitting the Exchange to exclude from its 
ADV calculation, when determining the qualification threshold for 
electronic customer executions that take liquidity in a non-Penny Pilot 
class from the trading interest of an Lead Market Maker (``LMM'') 
(including orders and quotes) and for applicable rebate tiers 
generally, contracts traded on any day on which the Exchange is not is 
not [sic] open for the entire trading day. This would allow the 
Exchange to exclude days where the Exchange declares a trading halt in 
all securities or honors a market-wide trading halt declared by another 
market as well as days on which the market closes early for holiday 
observances. The Exchange's proposal is consistent

[[Page 9026]]

with the rules of other self-regulatory organizations.\4\
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    \4\ See, e.g., NASDAQ Stock Market LLC Rule 7018(j) (``For 
purposes of determining average daily volume and total consolidated 
volume under this rule, any day that the market is not open for the 
entire trading day will be excluded from such calculation.''); 
International Securities Exchange, LLC Fee Schedule (``For purposes 
of determining Priority Customer ADV, any day that the regular order 
book is not open for the entire trading day or the Exchange 
instructs members in writing to route their orders to other markets 
may be excluded from such calculation; provided that the Exchange 
will only remove the day for members that would have a lower ADV 
with the day included.'').
---------------------------------------------------------------------------

    The artificially low volumes of trading on days when the Exchange 
is not open for the entire trading day reduces the average daily 
activity of OTP Holders both daily and monthly. Given the decreased 
trading volumes, the numerator for the ADV calculation (e.g., trading 
volume) would be correspondingly lower, but the denominator for the 
threshold calculations (e.g., the number of trading days) would not be 
decreased, and could result in an unintended increase in the cost of 
trading on the Exchange, a result that is unintended and undesirable to 
the Exchange and its OTP Holders. The Exchange believes that the 
authority to exclude days when the Exchange is not open for the entire 
trading day would provide OTP Holders with greater certainty as to 
their monthly costs and diminish the likelihood of an effective 
increase in the cost of trading.\5\
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    \5\ See, e.g., Securities Exchange Act Release No. 70657 
(October 10, 2013), 78 FR 62899 (October 22, 2103) (SR-ISE-2013-51).
---------------------------------------------------------------------------

    Similarly, the Exchange proposes to modify its Fee Schedule to 
permit the Exchange to exclude from its ADV calculation, contracts 
traded on a trading day where a disruption affects an Exchange system 
that lasts for more than 60 minutes during regular trading hours even 
if such disruption would not be categorized as a complete outage of the 
Exchange's system. Such a disruption may occur where a certain options 
series traded on the Exchange is unavailable for trading due to an 
Exchange system issue or where, while the Exchange may be able to 
perform certain functions with respect to accepting and processing 
orders, the Exchange may be experiencing a failure to another 
significant process, such as routing to other market centers, that 
would lead permit holders that rely on such process to avoid utilizing 
the Exchange until the Exchange's entire system was operational. Once 
again, the Exchange's proposal is consistent with the rules of other 
self-regulatory organizations.\6\
---------------------------------------------------------------------------

    \6\ See, e.g., BATS BZX Exchange Fee Schedule (``The Exchange 
excludes from its calculation of ADAV and ADV shares added or 
removed on any day that the Exchange's system experiences a 
disruption that lasts for more than 60 minutes during regular 
trading hours (``Exchange System Disruption''), on any day with a 
scheduled early market close and on the last Friday in June (the 
``Russell Reconstitution Day'').
---------------------------------------------------------------------------

    The Exchange is not proposing any changes to the level of rebates 
currently being provided on the Exchange, or to the ADV thresholds 
required to achieve each rebate tier.
    The proposed change is also not otherwise intended to address any 
other issues, and the Exchange is not aware of any problems that permit 
holders would have in complying with the proposed change.
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) and (5).
---------------------------------------------------------------------------

    The Exchange believes that it is reasonable to permit the Exchange 
to eliminate from the calculation days on which the market is not open 
the entire trading day because it preserves the Exchange's intent 
behind adopting volume-based pricing. Similarly, the Exchange believes 
that its proposal is reasonable because it will help provide permit 
holders with a greater level of certainty as to their level of rebates 
and costs for trading in any month where the Exchange experiences such 
a system disruption on one or more trading days. The Exchange is not 
proposing to amend the thresholds permit holders must achieve to become 
eligible for, or the dollar value associated with, the tiered rebates 
or fees. By eliminating the inclusion of a trading day on which a 
system disruption occurs, the Exchange would almost certainly be 
excluding a day that would otherwise lower members' and member 
organizations' ADV, thereby making it more likely for permit holders to 
meet the minimum or higher tier thresholds and thus incentivizing 
permit holders to increase their participation on the Exchange in order 
to meet the next highest tier.
    The Exchange further believes that the proposal is reasonable 
because the proposed exclusion seeks to avoid penalizing permit holders 
that might otherwise qualify for certain tiered pricing but that, 
because of a significant Exchange system problem, would not participate 
to the extent that they might have otherwise participated. The Exchange 
believes that certain systems disruptions could preclude some permit 
holders from submitting orders to the Exchange even if such issue is 
not actually a complete systems outage.
    Finally, the Exchange believes that the proposal is equitable and 
not unfairly discriminatory because the methodology for calculating ADV 
would apply equally to all permit holders and to all volume tiers. The 
Exchange notes that, although unlikely, there is some possibility that 
a certain small proportion of permit holders may have a higher ADV as a 
percentage of average daily volume [sic] with their activity included 
from days where the Exchange experiences a system disruption. The 
Exchange believes that the proposal would still be equitable and not 
unfairly discriminatory given that the impacted universe is potentially 
quite small and that the proposal would benefit the overwhelming 
majority of market participants and would make the overall cost of 
trading on the Exchange more predictable for the membership as a whole.
    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,\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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    The Exchange believes that, with respect to ADV calculations for 
rebates, there are very few instances where the exclusion would be 
invoked, and if invoked, would have little or no impact on trading 
decisions or execution quality. On the contrary, the Exchange believes 
that the proposal fosters competition by avoiding a penalty to Members 
for days when trading on the Exchange is disrupted for a significant 
portion of the day and would result in lower total costs to end users, 
a positive outcome of competitive markets. Further, other options 
exchanges have adopted rules that are substantially similar to the 
change in ADV calculation being proposed by the Exchange.\10\
---------------------------------------------------------------------------

    \10\ See note 5 [sic], supra.

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[[Page 9027]]

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) \11\ of the Act and subparagraph (f)(2) of Rule 
19b-4 \12\ thereunder, because it establishes a due, fee, or other 
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 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) \13\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \13\ 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-2016-26 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-2016-26. 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-2016-26 and should 
be submitted on or before March 15, 2016.
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    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-03738 Filed 2-22-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                    Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices                                             9025

                                                  issue written authorization before the                       Panel to have a suspension order                        hours. The Exchange proposes to
                                                  Exchange can institute an Expedited                          modified, set aside, limited, or revoked.               implement the fee change effective
                                                  Client Suspension Proceeding.                                Accordingly, the Commission believes                    February 4, 2016. The proposed rule
                                                  Additionally, the Commission believes                        that proposed Rule 8.17 is consistent                   change is available on the Exchange’s
                                                  that the opportunity to respond before a                     with Sections 6(b)(7), 6(d)(1), and                     Web site at www.nyse.com, at the
                                                  hearing panel, and the associated due                        6(d)(2) of the Act.141                                  principal office of the Exchange, and at
                                                  process elements for initiating and                                                                                  the Commission’s Public Reference
                                                  conducting the expedited proceeding                          V. Conclusion
                                                                                                                                                                       Room.
                                                  under proposed Rule 8.17, provide                              It is therefore ordered, pursuant to
                                                  additional safeguards. Moreover, the                         Section 19(b)(2) of the Act,142 that the                II. Self-Regulatory Organization’s
                                                  Commission notes that a determination                        proposed rule change (SR–BATS–2015–                     Statement of the Purpose of, and
                                                  of the Hearing Panel constituting final                      101), as modified by Amendment No. 1,                   Statutory Basis for, the Proposed Rule
                                                  disciplinary sanction may be appealed                        be, and it hereby is, approved.                         Change
                                                  to the Commission pursuant to Section                          For the Commission, by the Division of                  In its filing with the Commission, the
                                                  19 of the Act.137 The Commission also                        Trading and Markets, pursuant to delegated              self-regulatory organization included
                                                  notes that the OIAD believes that the                        authority.143                                           statements concerning the purpose of,
                                                  proposal ‘‘appears to be appropriately                       Robert W. Errett,                                       and basis for, the proposed rule change
                                                  tailored to minimize the possibility that                    Deputy Secretary.                                       and discussed any comments it received
                                                  it would curtail legitimate trading                          [FR Doc. 2016–03740 Filed 2–22–16; 8:45 am]             on the proposed rule change. The text
                                                  activities by market makers and other                                                                                of those statements may be examined at
                                                                                                               BILLING CODE 8011–01–P
                                                  liquidity providers’’ and ‘‘appears to                                                                               the places specified in Item IV below.
                                                  provide appropriate safeguards for                                                                                   The Exchange has prepared summaries,
                                                  innocent parties.’’ 138                                      SECURITIES AND EXCHANGE                                 set forth in sections A, B, and C below,
                                                     Lastly, the Commission notes that the                     COMMISSION                                              of the most significant parts of such
                                                  Exchange believes that the requirements                                                                              statements.
                                                  of Sections 6(b)(7), 6(d)(1), and 6(d)(2)                    [Release No. 34–77169; File No. SR–
                                                  of the Act are addressed by the notice                       NYSEARCA–2016–26]                                       A. Self-Regulatory Organization’s
                                                  and due process provisions included                                                                                  Statement of the Purpose of, and the
                                                                                                               Self-Regulatory Organizations; NYSE                     Statutory Basis for, the Proposed Rule
                                                  within proposed Rule 8.17.139 Proposed
                                                                                                               Arca, Inc.; Notice of Filing and                        Change
                                                  Rule 8.17 would require the Exchange to
                                                                                                               Immediate Effectiveness of Proposed
                                                  serve notice on the subject Respondent,                                                                              1. Purpose
                                                                                                               Rule Change Amending the NYSE Arca
                                                  which notice would include the
                                                                                                               Schedule of Options Fees and Charges
                                                  suspension order the Exchange seeks to                                                                                  The Exchange proposes to amend its
                                                  impose on the Respondent. The notice                         February 18, 2016.                                      Fee Schedule to exclude from its
                                                  would also be accompanied by a                                  Pursuant to Section 19(b)(1) 1 of the                average daily volume (‘‘ADV’’)
                                                  declaration of facts that specifies the                      Securities Exchange Act of 1934 (the                    calculations any trading day on which
                                                  acts that constitute the alleged violation.                  ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                  (1) the Exchange is not open for the
                                                  Proposed Rule 8.17 also would provide                        notice is hereby given that, on February                entire trading day and/or (2) a
                                                  an opportunity for the Respondent to                         4, 2016, NYSE Arca, Inc. (the                           disruption affects an Exchange system
                                                  defend against the charges in the notice                     ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with               that lasts for more than 60 minutes
                                                  in a hearing before a three-person                           the Securities and Exchange                             during regular trading hours. The
                                                  Hearing Panel,140 with the opportunity                       Commission (the ‘‘Commission’’) the                     Exchange proposes to implement the fee
                                                  for witnesses and with a transcribed                         proposed rule change as described in                    change effective February 4, 2016.
                                                  record, and would detail the applicable                      Items I, II, and III below, which Items                    As provided in the Exchange’s Fee
                                                  timelines for the proceeding. Further,                       have been prepared by the self-                         Schedule, several of the Exchange’s
                                                  proposed Rule 8.17 would require the                         regulatory organization. The                            transaction fees and credits are based on
                                                  Hearing Panel to issue a written                             Commission is publishing this notice to                 trading, quoting and liquidity
                                                  decision stating whether a suspension                        solicit comments on the proposed rule                   thresholds that involve an ADV
                                                  order shall be imposed; if imposed,                          change from interested persons.                         calculation. The Exchange proposes to
                                                  proposed Rule 8.17 would require the                                                                                 add a clause permitting the Exchange to
                                                  suspension order to set forth the alleged                    I. Self-Regulatory Organization’s
                                                                                                               Statement of the Terms of Substance of                  exclude from its ADV calculation, when
                                                  violation and market disruption or                                                                                   determining the qualification threshold
                                                  significant harm to investors that is                        the Proposed Rule Change
                                                                                                                                                                       for electronic customer executions that
                                                  likely to result without the order, and to                      The Exchange proposes to amend the                   take liquidity in a non-Penny Pilot class
                                                  describe in reasonable detail what                           NYSE Arca schedule of Options Fees                      from the trading interest of an Lead
                                                  action the Respondent is required to                         and Charges (‘‘Fee Schedule’’) to                       Market Maker (‘‘LMM’’) (including
                                                  take or refrain from taking. In addition,                    exclude from its average daily volume                   orders and quotes) and for applicable
                                                  proposed Rule 8.17 would allow the                           calculations any trading day on which                   rebate tiers generally, contracts traded
                                                  Respondent to appeal to the Hearing                          the Exchange is not open for the entire                 on any day on which the Exchange is
                                                                                                               trading day and/or a disruption affects                 not is not [sic] open for the entire
                                                       137 15   U.S.C. 78s. See also proposed Rule 8.17(f).    an Exchange system that lasts for more                  trading day. This would allow the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                       138 See   OIAD Recommendation, supra note 9, at         than 60 minutes during regular trading                  Exchange to exclude days where the
                                                  6.
                                                       139 See
                                                           Notice, supra note 5, at 73251.                                                                             Exchange declares a trading halt in all
                                                                                                                 141 15 U.S.C. 78f(b)(7), (d)(1), and (d)(2).
                                                       140 The
                                                            Commission notes that the Hearing Panel              142 15
                                                                                                                                                                       securities or honors a market-wide
                                                                                                                        U.S.C. 78s(b)(2).
                                                  would be assigned according to current Rule 8.6(a),            143 17 CFR 200.30–3(a)(12).
                                                                                                                                                                       trading halt declared by another market
                                                  which requires that one member of the panel be a                                                                     as well as days on which the market
                                                                                                                 1 15 U.S.C.78s(b)(1).
                                                  professional hearing officer, another be an industry
                                                  representative, and the third be a Member                      2 15 U.S.C. 78a.                                      closes early for holiday observances.
                                                  representative.                                                3 17 CFR 240.19b–4.                                   The Exchange’s proposal is consistent


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                                                  9026                        Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices

                                                  with the rules of other self-regulatory                 the rules of other self-regulatory                    proposed exclusion seeks to avoid
                                                  organizations.4                                         organizations.6                                       penalizing permit holders that might
                                                                                                             The Exchange is not proposing any                  otherwise qualify for certain tiered
                                                     The artificially low volumes of
                                                                                                          changes to the level of rebates currently             pricing but that, because of a significant
                                                  trading on days when the Exchange is
                                                                                                          being provided on the Exchange, or to                 Exchange system problem, would not
                                                  not open for the entire trading day                     the ADV thresholds required to achieve                participate to the extent that they might
                                                  reduces the average daily activity of                   each rebate tier.                                     have otherwise participated. The
                                                  OTP Holders both daily and monthly.                        The proposed change is also not                    Exchange believes that certain systems
                                                  Given the decreased trading volumes,                    otherwise intended to address any other               disruptions could preclude some permit
                                                  the numerator for the ADV calculation                   issues, and the Exchange is not aware of              holders from submitting orders to the
                                                  (e.g., trading volume) would be                         any problems that permit holders would                Exchange even if such issue is not
                                                  correspondingly lower, but the                          have in complying with the proposed                   actually a complete systems outage.
                                                  denominator for the threshold                           change.                                                 Finally, the Exchange believes that
                                                  calculations (e.g., the number of trading                                                                     the proposal is equitable and not
                                                                                                          2. Statutory Basis
                                                  days) would not be decreased, and                                                                             unfairly discriminatory because the
                                                  could result in an unintended increase                     The Exchange believes that the                     methodology for calculating ADV would
                                                  in the cost of trading on the Exchange,                 proposed rule change is consistent with               apply equally to all permit holders and
                                                  a result that is unintended and                         Section 6(b) of the Act,7 in general, and             to all volume tiers. The Exchange notes
                                                  undesirable to the Exchange and its OTP                 furthers the objectives of Sections                   that, although unlikely, there is some
                                                  Holders. The Exchange believes that the                 6(b)(4) and 6(b)(5) of the Act,8 in                   possibility that a certain small
                                                                                                          particular, because it provides for the               proportion of permit holders may have
                                                  authority to exclude days when the
                                                                                                          equitable allocation of reasonable dues,              a higher ADV as a percentage of average
                                                  Exchange is not open for the entire
                                                                                                          fees, and other charges among its                     daily volume [sic] with their activity
                                                  trading day would provide OTP Holders                   members, issuers and other persons
                                                  with greater certainty as to their                                                                            included from days where the Exchange
                                                                                                          using its facilities and does not unfairly            experiences a system disruption. The
                                                  monthly costs and diminish the                          discriminate between customers,
                                                  likelihood of an effective increase in the                                                                    Exchange believes that the proposal
                                                                                                          issuers, brokers or dealers.                          would still be equitable and not unfairly
                                                  cost of trading.5                                          The Exchange believes that it is                   discriminatory given that the impacted
                                                     Similarly, the Exchange proposes to                  reasonable to permit the Exchange to                  universe is potentially quite small and
                                                  modify its Fee Schedule to permit the                   eliminate from the calculation days on                that the proposal would benefit the
                                                  Exchange to exclude from its ADV                        which the market is not open the entire               overwhelming majority of market
                                                  calculation, contracts traded on a                      trading day because it preserves the                  participants and would make the overall
                                                  trading day where a disruption affects                  Exchange’s intent behind adopting                     cost of trading on the Exchange more
                                                  an Exchange system that lasts for more                  volume-based pricing. Similarly, the                  predictable for the membership as a
                                                  than 60 minutes during regular trading                  Exchange believes that its proposal is                whole.
                                                  hours even if such disruption would not                 reasonable because it will help provide                 For the foregoing reasons, the
                                                                                                          permit holders with a greater level of                Exchange believes that the proposal is
                                                  be categorized as a complete outage of
                                                                                                          certainty as to their level of rebates and            consistent with the Act.
                                                  the Exchange’s system. Such a
                                                                                                          costs for trading in any month where the
                                                  disruption may occur where a certain                                                                          B. Self-Regulatory Organization’s
                                                                                                          Exchange experiences such a system
                                                  options series traded on the Exchange is                disruption on one or more trading days.               Statement on Burden on Competition
                                                  unavailable for trading due to an                       The Exchange is not proposing to
                                                  Exchange system issue or where, while                                                                           In accordance with Section 6(b)(8) of
                                                                                                          amend the thresholds permit holders                   the Act,9 the Exchange believes that the
                                                  the Exchange may be able to perform                     must achieve to become eligible for, or               proposed rule change would not impose
                                                  certain functions with respect to                       the dollar value associated with, the                 any burden on competition that is not
                                                  accepting and processing orders, the                    tiered rebates or fees. By eliminating the            necessary or appropriate in furtherance
                                                  Exchange may be experiencing a failure                  inclusion of a trading day on which a                 of the purposes of the Act.
                                                  to another significant process, such as                 system disruption occurs, the Exchange                  The Exchange believes that, with
                                                  routing to other market centers, that                   would almost certainly be excluding a                 respect to ADV calculations for rebates,
                                                  would lead permit holders that rely on                  day that would otherwise lower                        there are very few instances where the
                                                  such process to avoid utilizing the                     members’ and member organizations’                    exclusion would be invoked, and if
                                                  Exchange until the Exchange’s entire                    ADV, thereby making it more likely for                invoked, would have little or no impact
                                                  system was operational. Once again, the                 permit holders to meet the minimum or                 on trading decisions or execution
                                                  Exchange’s proposal is consistent with                  higher tier thresholds and thus                       quality. On the contrary, the Exchange
                                                                                                          incentivizing permit holders to increase              believes that the proposal fosters
                                                     4 See, e.g., NASDAQ Stock Market LLC Rule            their participation on the Exchange in                competition by avoiding a penalty to
                                                  7018(j) (‘‘For purposes of determining average daily    order to meet the next highest tier.                  Members for days when trading on the
                                                  volume and total consolidated volume under this            The Exchange further believes that the
                                                  rule, any day that the market is not open for the                                                             Exchange is disrupted for a significant
                                                  entire trading day will be excluded from such
                                                                                                          proposal is reasonable because the                    portion of the day and would result in
                                                  calculation.’’); International Securities Exchange,                                                           lower total costs to end users, a positive
                                                                                                             6 See, e.g., BATS BZX Exchange Fee Schedule
                                                  LLC Fee Schedule (‘‘For purposes of determining                                                               outcome of competitive markets.
                                                  Priority Customer ADV, any day that the regular         (‘‘The Exchange excludes from its calculation of
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                                                  order book is not open for the entire trading day or    ADAV and ADV shares added or removed on any           Further, other options exchanges have
                                                  the Exchange instructs members in writing to route      day that the Exchange’s system experiences a          adopted rules that are substantially
                                                  their orders to other markets may be excluded from      disruption that lasts for more than 60 minutes        similar to the change in ADV
                                                  such calculation; provided that the Exchange will       during regular trading hours (‘‘Exchange System
                                                                                                          Disruption’’), on any day with a scheduled early
                                                                                                                                                                calculation being proposed by the
                                                  only remove the day for members that would have
                                                  a lower ADV with the day included.’’).                  market close and on the last Friday in June (the      Exchange.10
                                                     5 See, e.g., Securities Exchange Act Release No.     ‘‘Russell Reconstitution Day’’).
                                                                                                             7 15 U.S.C. 78f(b).                                  9 15   U.S.C. 78f(b)(8).
                                                  70657 (October 10, 2013), 78 FR 62899 (October 22,
                                                  2103) (SR–ISE–2013–51).                                    8 15 U.S.C. 78f(b)(4) and (5).                       10 See   note 5 [sic], supra.



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                                                                                 Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices                                                    9027

                                                  C. Self-Regulatory Organization’s                       Internet Web site (http://www.sec.gov/                Commission is publishing this notice to
                                                  Statement on Comments on the                            rules/sro.shtml). Copies of the                       solicit comments on the proposed rule
                                                  Proposed Rule Change Received From                      submission, all subsequent                            change from interested persons.
                                                  Members, Participants, or Others                        amendments, all written statements
                                                                                                                                                                I. Self-Regulatory Organization’s
                                                    No written comments were solicited                    with respect to the proposed rule
                                                                                                                                                                Statement of the Terms of Substance of
                                                  or received with respect to the proposed                change that are filed with the
                                                                                                                                                                the Proposed Rule Change
                                                  rule change.                                            Commission, and all written
                                                                                                          communications relating to the                           The Exchange proposes to amend the
                                                  III. Date of Effectiveness of the                       proposed rule change between the                      NYSE Amex Options Fee Schedule
                                                  Proposed Rule Change and Timing for                     Commission and any person, other than                 (‘‘Fee Schedule’’) to exclude from its
                                                  Commission Action                                       those that may be withheld from the                   monthly calculations of contract volume
                                                     The foregoing rule change is effective               public in accordance with the                         any trading day on which the Exchange
                                                  upon filing pursuant to Section                         provisions of 5 U.S.C. 552, will be                   is not open for the entire trading day
                                                  19(b)(3)(A) 11 of the Act and                           available for Web site viewing and                    and/or a disruption affects an Exchange
                                                  subparagraph (f)(2) of Rule 19b–4 12                    printing in the Commission’s Public                   system that lasts for more than 60
                                                  thereunder, because it establishes a due,               Reference Room, 100 F Street NE.,                     minutes during regular trading hours.
                                                  fee, or other charge imposed by the                     Washington, DC 20549 on official                      The Exchange proposes to implement
                                                  Exchange.                                               business days between the hours of                    the fee change effective February 4,
                                                     At any time within 60 days of the                    10:00 a.m. and 3:00 p.m. Copies of the                2016. The proposed change is available
                                                  filing of such proposed rule change, the                filing also will be available for                     on the Exchange’s Web site at
                                                  Commission summarily may                                inspection and copying at the principal               www.nyse.com, at the principal office of
                                                  temporarily suspend such rule change if                 office of the Exchange. All comments                  the Exchange, and at the Commission’s
                                                  it appears to the Commission that such                  received will be posted without change;               Public Reference Room.
                                                  action is necessary or appropriate in the               the Commission does not edit personal                 II. Self-Regulatory Organization’s
                                                  public interest, for the protection of                  identifying information from                          Statement of the Purpose of, and
                                                  investors, or otherwise in furtherance of               submissions. You should submit only                   Statutory Basis for, the Proposed Rule
                                                  the purposes of the Act. If the                         information that you wish to make                     Change
                                                  Commission takes such action, the                       available publicly. All submissions
                                                                                                          should refer to File Number SR–                          In its filing with the Commission, the
                                                  Commission shall institute proceedings
                                                                                                          NYSEARCA–2016–26 and should be                        self-regulatory organization included
                                                  under Section 19(b)(2)(B) 13 of the Act to
                                                                                                          submitted on or before March 15, 2016.                statements concerning the purpose of,
                                                  determine whether the proposed rule
                                                                                                                                                                and basis for, the proposed rule change
                                                  change should be approved or                              For the Commission, by the Division of
                                                                                                          Trading and Markets, pursuant to delegated            and discussed any comments it received
                                                  disapproved.
                                                                                                          authority.14                                          on the proposed rule change. The text
                                                  IV. Solicitation of Comments                            Robert W. Errett,                                     of those statements may be examined at
                                                    Interested persons are invited to                     Deputy Secretary.
                                                                                                                                                                the places specified in Item IV below.
                                                  submit written data, views, and                                                                               The Exchange has prepared summaries,
                                                                                                          [FR Doc. 2016–03738 Filed 2–22–16; 8:45 am]
                                                  arguments concerning the foregoing,                                                                           set forth in sections A, B, and C below,
                                                                                                          BILLING CODE 8011–01–P
                                                  including whether the proposed rule                                                                           of the most significant parts of such
                                                  change is consistent with the Act.                                                                            statements.
                                                  Comments may be submitted by any of                     SECURITIES AND EXCHANGE                               A. Self-Regulatory Organization’s
                                                  the following methods:                                  COMMISSION                                            Statement of the Purpose of, and the
                                                  Electronic Comments                                     [Release No. 34–77168; File No. SR–                   Statutory Basis for, the Proposed Rule
                                                                                                          NYSEMKT–2016–21]                                      Change
                                                     • Use the Commission’s Internet
                                                  comment form (http://www.sec.gov/                                                                             1. Purpose
                                                                                                          Self-Regulatory Organizations; NYSE
                                                  rules/sro.shtml); or                                    MKT LLC; Notice of Filing and                            The Exchange proposes to amend its
                                                     • Send an email to rule-comments@                    Immediate Effectiveness of Proposed                   Fee Schedule to exclude from its
                                                  sec.gov. Please include File Number SR–                 Change Amending the NYSE Amex                         monthly calculations of contract volume
                                                  NYSEARCA–2016–26 on the subject                         Options Fee Schedule                                  any trading day on which (1) the
                                                  line.                                                                                                         Exchange is not open for the entire
                                                                                                          February 18, 2016.                                    trading day and/or (2) a disruption
                                                  Paper Comments
                                                                                                             Pursuant to Section 19(b)(1) 1 of the              affects an Exchange system that lasts for
                                                     • Send paper comments in triplicate                  Securities Exchange Act of 1934 (the                  more than 60 minutes during regular
                                                  to Secretary, Securities and Exchange                   ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                trading hours. The Exchange proposes
                                                  Commission, 100 F Street NE.,                           notice is hereby given that, on February              to implement the fee change effective
                                                  Washington, DC 20549–1090.                              4, 2016, NYSE MKT LLC (the                            February 4, 2016.
                                                  All submissions should refer to File                    ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with                 As provided in the Exchange’s Fee
                                                  Number SR–NYSEARCA–2016–26. This                        the Securities and Exchange                           Schedule, several of the Exchange’s
                                                  file number should be included on the                   Commission (the ‘‘Commission’’) the                   transaction fees and credits are based on
                                                  subject line if email is used. To help the              proposed rule change as described in                  trading, quoting and liquidity
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                                                  Commission process and review your                      Items I, II, and III below, which Items               thresholds that involve a monthly
                                                  comments more efficiently, please use                   have been prepared by the self-                       calculation of contract volume,
                                                  only one method. The Commission will                    regulatory organization. The                          including calculations of average daily
                                                  post all comments on the Commission’s                                                                         volume (‘‘ADV’’).4 The Exchange
                                                                                                            14 17 CFR 200.30–3(a)(12).
                                                    11 15 U.S.C. 78s(b)(3)(A).                              1 15 U.S.C.78s(b)(1).                                4 For example, the NYSE Amex Options Market
                                                    12 17 CFR 240.19b–4(f)(2).                              2 15 U.S.C. 78a.
                                                                                                                                                                Makers are eligible for reduced per contract rates for
                                                    13 15 U.S.C. 78s(b)(2)(B).                              3 17 CFR 240.19b–4.                                                                             Continued




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Document Created: 2018-02-02 14:33:27
Document Modified: 2018-02-02 14:33:27
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 9025 

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