81_FR_9062 81 FR 9027 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Change Amending the NYSE Amex Options Fee Schedule

81 FR 9027 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Change Amending the NYSE Amex Options Fee Schedule

SECURITIES AND EXCHANGE COMMISSION

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

Page Range9027-9029
FR Document2016-03737

Federal Register, Volume 81 Issue 35 (Tuesday, February 23, 2016)
[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Notices]
[Pages 9027-9029]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03737]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77168; File No. SR-NYSEMKT-2016-21]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and 
Immediate Effectiveness of Proposed Change Amending the NYSE Amex 
Options Fee Schedule

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 MKT LLC (the ``Exchange'' or 
``NYSE MKT'') 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 Amex Options Fee Schedule 
(``Fee Schedule'') to exclude from its monthly calculations of contract 
volume 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 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 
monthly calculations of contract volume 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 a monthly calculation of contract 
volume, including calculations of average daily volume (``ADV'').\4\ 
The Exchange

[[Page 9028]]

proposes to add a definition of Systems Disruptions to the Fee Schedule 
Preface that would permit the Exchange to exclude from its monthly 
contract volume calculations 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 
with the rules of other self-regulatory organizations.\5\
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    \4\ For example, the NYSE Amex Options Market Makers are 
eligible for reduced per contract rates for electronic transactions 
in Standard Options based on rates applicable to monthly contract 
volume in a given tier. See Fee Schedule, Section I. C (NYSE Amex 
Options Market Maker Sliding Scale--Electronic). Similarly, Order 
Flow Providers (``OFP'') are eligible for certain credits for orders 
submitted to the Exchange as agent payable only on customer volume 
based on (1) calculating, on a monthly basis, the average daily 
Customer contract volume an OFP executes Electronically on the 
Exchange as a percentage of total average daily industry Customer 
equity and ETF options volume, or (2) calculating, on a monthly 
basis, the average daily contract volume an OFP executes 
Electronically in all participant types (i.e., Customer, Firm, 
Broker-Dealer, NYSE Amex Options Market Maker, Non-NYSE Amex Options 
Market Maker, and Professional Customer) on the Exchange, as a 
percentage of total average daily industry Customer equity and ETF 
option volume, with the further requirement that a specified 
percentage of the minimum volume required to qualify for the Tier 
must be Customer volume. See Fee Schedule, Section I. E (Amex 
Customer Engagement (``ACE'') Program--Standard Options).
    \5\ 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.'').
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    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 ATP Holders both daily and monthly. Given the decreased 
trading volumes, the numerator for the monthly 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 ATP Holders. The Exchange believes that the 
authority to exclude days when the Exchange is not open for the entire 
trading day would provide ATP Holders with greater certainty as to 
their monthly costs and diminish the likelihood of an effective 
increase in the cost of trading.\6\
---------------------------------------------------------------------------

    \6\ See, e.g., Securities Exchange Act Release No. 70657 
(October 10, 2013), 78 FR 62899 (October 22, 2103) (SR-ISE-2013-51).
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    Similarly, the Exchange proposes to modify its Fee Schedule to 
permit the Exchange to exclude from its monthly contract calculations, 
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.\7\
---------------------------------------------------------------------------

    \7\ 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 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,\8\ in general, and furthers the 
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\9\ 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 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' contract volume, 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 the monthly 
calculations 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

[[Page 9029]]

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,\10\ 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.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    The Exchange believes that, with respect to monthly contract 
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 permit holders 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.\11\
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    \11\ See note 5, supra.
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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) \12\ of the Act and subparagraph (f)(2) of Rule 
19b-4 \13\ thereunder, because it establishes a due, fee, or other 
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 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) \14\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \14\ 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-NYSEMKT-2016-21 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-NYSEMKT-2016-21. 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-NYSEMKT-2016-21 and should 
be submitted on or before March 15, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-03737 Filed 2-22-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 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
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  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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                                                  9028                         Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices

                                                  proposes to add a definition of Systems                 with greater certainty as to their                    discriminate between customers,
                                                  Disruptions to the Fee Schedule Preface                 monthly costs and diminish the                        issuers, brokers or dealers.
                                                  that would permit the Exchange to                       likelihood of an effective increase in the               The Exchange believes that it is
                                                  exclude from its monthly contract                       cost of trading.6                                     reasonable to permit the Exchange to
                                                  volume calculations contracts traded on                                                                       eliminate from the calculation days on
                                                                                                             Similarly, the Exchange proposes to
                                                  any day on which the Exchange is not                                                                          which the market is not open the entire
                                                                                                          modify its Fee Schedule to permit the
                                                  is not [sic] open for the entire trading                                                                      trading day because it preserves the
                                                                                                          Exchange to exclude from its monthly
                                                  day. This would allow the Exchange to                                                                         Exchange’s intent behind adopting
                                                                                                          contract calculations, contracts traded
                                                  exclude days where the Exchange                                                                               volume-based pricing. Similarly, the
                                                                                                          on a trading day where a disruption
                                                  declares a trading halt in all securities                                                                     Exchange believes that its proposal is
                                                                                                          affects an Exchange system that lasts for             reasonable because it will help provide
                                                  or honors a market-wide trading halt
                                                                                                          more than 60 minutes during regular                   permit holders with a greater level of
                                                  declared by another market as well as
                                                                                                          trading hours even if such disruption                 certainty as to their level of rebates and
                                                  days on which the market closes early
                                                  for holiday observances. The Exchange’s                 would not be categorized as a complete                costs for trading in any month where the
                                                  proposal is consistent with the rules of                outage of the Exchange’s system. Such                 Exchange experiences such a system
                                                  other self-regulatory organizations.5                   a disruption may occur where a certain                disruption on one or more trading days.
                                                     The artificially low volumes of                      options series traded on the Exchange is              The Exchange is not proposing to
                                                  trading on days when the Exchange is                    unavailable for trading due to an                     amend the thresholds permit holders
                                                  not open for the entire trading day                     Exchange system issue or where, while                 must achieve to become eligible for, or
                                                  reduces the average daily activity of                   the Exchange may be able to perform                   the dollar value associated with, the
                                                  ATP Holders both daily and monthly.                     certain functions with respect to                     tiered rebates or fees. By eliminating the
                                                  Given the decreased trading volumes,                    accepting and processing orders, the                  inclusion of a trading day on which a
                                                  the numerator for the monthly                           Exchange may be experiencing a failure                system disruption occurs, the Exchange
                                                  calculation (e.g., trading volume) would                to another significant process, such as               would almost certainly be excluding a
                                                  be correspondingly lower, but the                       routing to other market centers, that                 day that would otherwise lower
                                                  denominator for the threshold                           would lead permit holders that rely on                members’ and member organizations’
                                                  calculations (e.g., the number of trading               such process to avoid utilizing the                   contract volume, thereby making it more
                                                  days) would not be decreased, and                       Exchange until the Exchange’s entire                  likely for permit holders to meet the
                                                  could result in an unintended increase                  system was operational. Once again, the               minimum or higher tier thresholds and
                                                  in the cost of trading on the Exchange,                 Exchange’s proposal is consistent with                thus incentivizing permit holders to
                                                  a result that is unintended and                         the rules of other self-regulatory                    increase their participation on the
                                                  undesirable to the Exchange and its ATP                 organizations.7                                       Exchange in order to meet the next
                                                  Holders. The Exchange believes that the                    The Exchange is not proposing any                  highest tier.
                                                  authority to exclude days when the                      changes to the level of rebates currently                The Exchange further believes that the
                                                  Exchange is not open for the entire                     being provided on the Exchange, or to                 proposal is reasonable because the
                                                  trading day would provide ATP Holders                   the thresholds required to achieve each               proposed exclusion seeks to avoid
                                                                                                          rebate tier.                                          penalizing permit holders that might
                                                  electronic transactions in Standard Options based                                                             otherwise qualify for certain tiered
                                                  on rates applicable to monthly contract volume in
                                                                                                             The proposed change is also not                    pricing but that, because of a significant
                                                  a given tier. See Fee Schedule, Section I. C (NYSE      otherwise intended to address any other               Exchange system problem, would not
                                                  Amex Options Market Maker Sliding Scale—                issues, and the Exchange is not aware of              participate to the extent that they might
                                                  Electronic). Similarly, Order Flow Providers            any problems that permit holders would
                                                  (‘‘OFP’’) are eligible for certain credits for orders                                                         have otherwise participated. The
                                                  submitted to the Exchange as agent payable only on
                                                                                                          have in complying with the proposed                   Exchange believes that certain systems
                                                  customer volume based on (1) calculating, on a          change.                                               disruptions could preclude some permit
                                                  monthly basis, the average daily Customer contract                                                            holders from submitting orders to the
                                                  volume an OFP executes Electronically on the            2. Statutory Basis
                                                  Exchange as a percentage of total average daily                                                               Exchange even if such issue is not
                                                  industry Customer equity and ETF options volume,          The Exchange believes that the                      actually a complete systems outage.
                                                  or (2) calculating, on a monthly basis, the average     proposed rule change is consistent with                  Finally, the Exchange believes that
                                                  daily contract volume an OFP executes                   Section 6(b) of the Act,8 in general, and             the proposal is equitable and not
                                                  Electronically in all participant types (i.e.,
                                                  Customer, Firm, Broker-Dealer, NYSE Amex                furthers the objectives of Sections                   unfairly discriminatory because the
                                                  Options Market Maker, Non-NYSE Amex Options             6(b)(4) and 6(b)(5) of the Act,9 in                   methodology for the monthly
                                                  Market Maker, and Professional Customer) on the         particular, because it provides for the               calculations would apply equally to all
                                                  Exchange, as a percentage of total average daily        equitable allocation of reasonable dues,              permit holders and to all volume tiers.
                                                  industry Customer equity and ETF option volume,                                                                  The Exchange notes that, although
                                                  with the further requirement that a specified           fees, and other charges among its
                                                  percentage of the minimum volume required to            members, issuers and other persons                    unlikely, there is some possibility that
                                                  qualify for the Tier must be Customer volume. See       using its facilities and does not unfairly            a certain small proportion of permit
                                                  Fee Schedule, Section I. E (Amex Customer                                                                     holders may have a higher ADV as a
                                                  Engagement (‘‘ACE’’) Program—Standard Options).                                                               percentage of average daily volume [sic]
                                                                                                             6 See, e.g., Securities Exchange Act Release No.
                                                     5 See, e.g., NASDAQ Stock Market LLC Rule

                                                  7018(j) (’’ For purposes of determining average daily   70657 (October 10, 2013), 78 FR 62899 (October 22,    with their activity included from days
                                                  volume and total consolidated volume under this         2103) (SR–ISE–2013–51).                               where the Exchange experiences a
                                                                                                             7 See, e.g., BATS BZX Exchange Fee Schedule
                                                  rule, any day that the market is not open for the                                                             system disruption. The Exchange
                                                  entire trading day will be excluded from such           (‘‘The Exchange excludes from its calculation of
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                                                                                                          ADAV and ADV shares added or removed on any
                                                                                                                                                                believes that the proposal would still be
                                                  calculation.’’); International Securities Exchange,
                                                  LLC Fee Schedule (‘‘For purposes of determining         day that the Exchange’s system experiences a          equitable and not unfairly
                                                  Priority Customer ADV, any day that the regular         disruption that lasts for more than 60 minutes        discriminatory given that the impacted
                                                  order book is not open for the entire trading day or    during regular trading hours (‘‘Exchange System       universe is potentially quite small and
                                                  the Exchange instructs members in writing to route      Disruption’’), on any day with a scheduled early
                                                                                                          market close and on the last Friday in June (the
                                                                                                                                                                that the proposal would benefit the
                                                  their orders to other markets may be excluded from
                                                  such calculation; provided that the Exchange will       ‘‘Russell Reconstitution Day’’).                      overwhelming majority of market
                                                  only remove the day for members that would have            8 15 U.S.C. 78f(b).                                participants and would make the overall
                                                  a lower ADV with the day included.’’).                     9 15 U.S.C. 78f(b)(4) and (5).                     cost of trading on the Exchange more


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                                                                                 Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices                                               9029

                                                  predictable for the membership as a                     determine whether the proposed rule                     For the Commission, by the Division of
                                                  whole.                                                  change should be approved or                          Trading and Markets, pursuant to delegated
                                                    For the foregoing reasons, the                        disapproved.                                          authority.15
                                                  Exchange believes that the proposal is                                                                        Robert W. Errett,
                                                  consistent with the Act.                                IV. Solicitation of Comments                          Deputy Secretary.
                                                                                                                                                                [FR Doc. 2016–03737 Filed 2–22–16; 8:45 am]
                                                  B. Self-Regulatory Organization’s                         Interested persons are invited to
                                                  Statement on Burden on Competition                      submit written data, views, and                       BILLING CODE 8011–01–P

                                                     In accordance with Section 6(b)(8) of                arguments concerning the foregoing,
                                                  the Act,10 the Exchange believes that the               including whether the proposed rule
                                                                                                                                                                SECURITIES AND EXCHANGE
                                                  proposed rule change would not impose                   change is consistent with the Act.
                                                                                                                                                                COMMISSION
                                                  any burden on competition that is not                   Comments may be submitted by any of
                                                  necessary or appropriate in furtherance                 the following methods:                                [Release No. 34–77160; File No. SR–
                                                  of the purposes of the Act.                                                                                   NYSEArca–2016–14]
                                                     The Exchange believes that, with                     Electronic Comments
                                                                                                                                                                Self-Regulatory Organizations; NYSE
                                                  respect to monthly contract calculations                  • Use the Commission’s Internet                     Arca, Inc.; Notice of Filing of Proposed
                                                  for rebates, there are very few instances               comment form (http://www.sec.gov/                     Rule Change Relating To Listing and
                                                  where the exclusion would be invoked,                   rules/sro.shtml); or
                                                  and if invoked, would have little or no                                                                       Trading of Shares of WBI Tactical
                                                  impact on trading decisions or                            • Send an email to rule-comments@                   Rotation Shares Under NYSE Arca
                                                  execution quality. On the contrary, the                 sec.gov. Please include File Number SR–               Equities Rule 8.600
                                                  Exchange believes that the proposal                     NYSEMKT–2016–21 on the subject line.                  February 17, 2016.
                                                  fosters competition by avoiding a                       Paper Comments                                           Pursuant to Section 19(b)(1) 1 of the
                                                  penalty to permit holders for days when                                                                       Securities Exchange Act of 1934 (the
                                                  trading on the Exchange is disrupted for                  • Send paper comments in triplicate                 ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                  a significant portion of the day and                    to Secretary, Securities and Exchange                 notice is hereby given that, on February
                                                  would result in lower total costs to end                Commission, 100 F Street NE.,                         3, 2016, NYSE Arca, Inc. (the
                                                  users, a positive outcome of competitive                Washington, DC 20549–1090.                            ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with
                                                  markets. Further, other options                                                                               the Securities and Exchange
                                                  exchanges have adopted rules that are                   All submissions should refer to File
                                                                                                                                                                Commission (the ‘‘Commission’’) the
                                                  substantially similar to the change in                  Number SR–NYSEMKT–2016–21. This
                                                                                                                                                                proposed rule change as described in
                                                  ADV calculation being proposed by the                   file number should be included on the
                                                                                                                                                                Items I, II, and III below, which Items
                                                  Exchange.11                                             subject line if email is used. To help the
                                                                                                                                                                have been prepared by the self-
                                                                                                          Commission process and review your
                                                  C. Self-Regulatory Organization’s                                                                             regulatory organization. The
                                                                                                          comments more efficiently, please use                 Commission is publishing this notice to
                                                  Statement on Comments on the
                                                                                                          only one method. The Commission will                  solicit comments on the proposed rule
                                                  Proposed Rule Change Received From
                                                  Members, Participants, or Others                        post all comments on the Commission’s                 change from interested persons.
                                                                                                          Internet Web site (http://www.sec.gov/
                                                    No written comments were solicited                    rules/sro.shtml). Copies of the                       I. Self-Regulatory Organization’s
                                                  or received with respect to the proposed                submission, all subsequent                            Statement of the Terms of Substance of
                                                  rule change.                                            amendments, all written statements                    the Proposed Rule Change
                                                  III. Date of Effectiveness of the                       with respect to the proposed rule                        The Exchange proposes to list and
                                                  Proposed Rule Change and Timing for                     change that are filed with the                        trade shares of the following under
                                                  Commission Action                                       Commission, and all written                           NYSE Arca Equities Rule 8.600
                                                     The foregoing rule change is effective               communications relating to the                        (‘‘Managed Fund Shares’’): WBI Tactical
                                                  upon filing pursuant to Section                         proposed rule change between the                      Rotation Shares. The proposed rule
                                                  19(b)(3)(A) 12 of the Act and                           Commission and any person, other than                 change is available on the Exchange’s
                                                  subparagraph (f)(2) of Rule 19b–4 13                    those that may be withheld from the                   Web site at www.nyse.com, at the
                                                  thereunder, because it establishes a due,               public in accordance with the                         principal office of the Exchange, and at
                                                  fee, or other charge imposed by the                     provisions of 5 U.S.C. 552, will be                   the Commission’s Public Reference
                                                  Exchange.                                               available for Web site viewing and                    Room.
                                                     At any time within 60 days of the                    printing in the Commission’s Public
                                                                                                                                                                II. Self-Regulatory Organization’s
                                                  filing of such proposed rule change, the                Reference Room, 100 F Street NE.,
                                                                                                                                                                Statement of the Purpose of, and
                                                  Commission summarily may                                Washington, DC 20549 on official                      Statutory Basis for, the Proposed Rule
                                                  temporarily suspend such rule change if                 business days between the hours of                    Change
                                                  it appears to the Commission that such                  10:00 a.m. and 3:00 p.m. Copies of the
                                                  action is necessary or appropriate in the               filing also will be available for                       In its filing with the Commission, the
                                                  public interest, for the protection of                  inspection and copying at the principal               self-regulatory organization included
                                                  investors, or otherwise in furtherance of               office of the Exchange. All comments                  statements concerning the purpose of,
                                                  the purposes of the Act. If the                         received will be posted without change;               and basis for, the proposed rule change
                                                  Commission takes such action, the                       the Commission does not edit personal                 and discussed any comments it received
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                                                  Commission shall institute proceedings                  identifying information from                          on the proposed rule change. The text
                                                  under Section 19(b)(2)(B) 14 of the Act to              submissions. You should submit only                   of those statements may be examined at
                                                                                                          information that you wish to make                     the places specified in Item IV below.
                                                    10 15 U.S.C. 78f(b)(8).
                                                    11 See
                                                                                                          available publicly. All submissions
                                                           note 5, supra.                                                                                         15 17 CFR 200.30–3(a)(12).
                                                    12 15 U.S.C. 78s(b)(3)(A).
                                                                                                          should refer to File Number SR–                         1 15 U.S.C. 78s(b)(1).
                                                    13 17 CFR 240.19b–4(f)(2).                            NYSEMKT–2016–21 and should be                           2 15 U.S.C. 78a.
                                                    14 15 U.S.C. 78s(b)(2)(B).                            submitted on or before March 15, 2016.                  3 17 CFR 240.19b–4.




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Document Created: 2018-02-02 14:33:10
Document Modified: 2018-02-02 14:33:10
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 9027 

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