81_FR_93167 81 FR 92923 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Change Modifying the NYSE Amex Options Fee Schedule

81 FR 92923 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Change Modifying the NYSE Amex Options Fee Schedule

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 244 (December 20, 2016)

Page Range92923-92925
FR Document2016-30564

Federal Register, Volume 81 Issue 244 (Tuesday, December 20, 2016)
[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Pages 92923-92925]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30564]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79559; File No. SR-NYSEMKT-2016-115]


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

December 14, 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 December 1, 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 modify the NYSE Amex Options Fee Schedule 
(``Fee Schedule''). The Exchange proposes to implement the fee change 
effective December 1, 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 purpose of this filing is to amend Section III. C. of the Fee 
Schedule to adjust the monthly Rights Fees assessed on Specialists, e-
Specialists, Directed Order Market Markers (each a ``DOMM), and to 
provide alternative means to qualify for a discount on the Rights Fees. 
The Exchange proposes to implement these changes effective on December 
1, 2016.
    Currently, the Exchange charges a Rights Fee on each issue in the 
allocation of an e-Specialist, DOMM, and Specialist.\4\ The monthly 
Rights Fee ranges from $75 to $1,500 and is based on the Average 
National Daily Customer Contracts (``CADV'') per issue. With one 
exception, the more active an issue, the higher the Rights Fee 
assessed. The exception is that the Exchange currently charges a higher 
rate for the lowest-volume issues (i.e., less than 201 CADV) to offset 
the Exchange's revenue with the cost of listing and maintaining these 
low-volume issues.
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    \4\ See Fee Schedule, Section III. C. (e-Specialist, DOMM and 
Specialist Monthly Rights Fees) (describing how the Rights Fee is 
assessed and setting forth the current rates), available here, 
https://www.nyse.com/publicdocs/nyse/markets/amex-options/
NYSE_Amex_Options_Fee_Schedule.pdf.
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Proposed Modification to the Rights Fees
    The Exchange proposes to align the Rights Fees with the economic 
benefit of being the e-Specialist, DOMM, or Specialist in a given 
issue, based on trading activity in an issue. The Exchange therefore 
proposes that some rates would decrease (for lower-volume issues) and 
others would increase (for higher-volume issues). Using the same CADV 
levels currently in place, the Exchange proposes to amend the Rights 
Fees as follows:

              e-Specialist, DOMM, and Specialist Rights Fee
------------------------------------------------------------------------
     Average national daily customer
           contracts per issue              Current fee    Proposed fee
------------------------------------------------------------------------
0 to 200................................            $250             $50
201 to 2,000............................              75              60
2,001 to 5,000..........................             200             150
5,001 to 15,000.........................             375             375
15,001 to 100,000.......................             750           1,250
Over 100,000............................           1,500           2,000
------------------------------------------------------------------------


[[Page 92924]]

    As shown in the chart above, the Exchange proposes to significantly 
decrease the Rights Fee for the lowest-volume issues (i.e., between 0-
200 contracts) to better account for the costs to each e-Specialist, 
DOMM, and Specialist, irrespective of costs and revenue to the Exchange 
associated with listing an issue. The Exchange also proposes to 
slightly decrease the Rights Fee for option issues trading between 201-
2,000 CADV and trading between 2,001-5,000 CADV to better align with 
the cost to the Exchange associated with such issues. The Exchange 
believes the proposed reduction in the Rights Fee for issues trading 
under 5,001 CADV would create an incentive for Specialists and e-
Specialists to request appointments in these lower-volume issues, which 
may result in increased liquidity to the benefit of market 
participants. Similarly, the Exchange believes the proposed reductions 
would encourage DOMMs to seek to transact more in these less active 
issues (i.e., to make order flow arrangements with Customers to direct 
orders in these issues to them), which in turn should increase volume 
on the Exchange.
    In addition, the Exchange proposes to increase the Rights Fees 
associated with the two most active CADV categories of issues to better 
reflect the economic benefits of being an e-Specialist, DOMM, or 
Specialist in more actively-traded issues (i.e., option issues trading 
more than 5,000 CADV). The Exchange believes the proposed modifications 
to the Rights Fees are appropriate as an e-Specialist, DOMM, or 
Specialist would have an opportunity to interact with fewer than 201 
contracts per day to cover the proposed $50 per month Rights Fees and 
would have the opportunity to interact with more than 100,000 contracts 
per day to cover the proposed $2,000 per month Rights Fee.
Proposed Discounts to the Rights Fees
    The Exchange proposes two alternative methods for Specialists, e-
Specialists, and DOMMs to qualify for a discount on the monthly Rights 
Fees. First, as proposed, any Specialist, e-Specialist, or DOMM that 
participates in the Prepayment Program (outlined in Section I.D. of the 
Fee Schedule) would be eligible for a 20% discount to their monthly 
Rights Fees. Alternatively, the Exchange proposes that any Specialist, 
e-Specialist, or DOMM that achieves one of the Tiers in the Amex 
Customer Engagement (``ACE'') Program (outlined in Section I.E. of the 
Fee Schedule) would be eligible for a discount on their Rights Fees, as 
set forth in the table below.

                           Rights Fee Discount
------------------------------------------------------------------------
                                                            Discount on
                        ACE tier                          rights fees  %
------------------------------------------------------------------------
Base \5\................................................               0
1.......................................................               0
2.......................................................               0
3.......................................................              20
4.......................................................              30
5.......................................................              40
------------------------------------------------------------------------

    In the event that\\ an e-Specialist, DOMM, or Specialist qualified 
for both discounts in a given month, only the larger discount would be 
applied. For instance, a Specialist in one of the Prepayment Programs 
would be eligible to receive a 20% discount on the Rights Fees every 
month or, if that same Specialist also qualifies for ACE Tier 4, making 
it eligible for a 30% discount in a given month, the Specialist would 
receive a 30% discount to the Rights Fees for that month in lieu of the 
20% discount.
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    \5\ The Exchange notes that it is proposing to add a Base Tier 
to the ACE Program in a separate fee filing, also for December 1, 
2016. Thus, reference to a Base Tier herein is designed to align 
with that proposed change. See File No. SR-NYSEMKT-2016-114.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\6\ in general, and furthers the 
objectives of Sections 6(b)(4) and (5) of the Act,\7\ 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.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes that the proposed modifications to the Rights 
Fees are reasonable, equitable and not unfairly discriminatory for a 
number of reasons. First, the Rights Fees apply solely to e-
Specialists, DOMMs, and Specialists (other Market Makers are not 
subject to this Fee) and are assessed to account for the enhanced 
allocation opportunities and economic benefits that inure to these 
market participants. Second, the monthly Rights Fees are directly 
related to the number of allocations in the appointment of each e-
Specialist, DOMM, or Specialist, which appointments are completely 
voluntary. Any e-Specialist, DOMM, or Specialist can opt to relinquish 
any issue in its allocation to reduce its total Rights Fee. In 
addition, the proposed Rights Fees would be more closely aligned with 
the economic benefit of being e-Specialist, DOMM, or Specialist in a 
given issue. For example, an e-Specialist, DOMM, or Specialist would 
have an opportunity to interact with fewer than 201 contracts per day 
to cover the proposed $50 per month Rights Fee and would have the 
opportunity to interact with more than 100,000 contracts per day to 
cover the proposed $2,000 per month Rights Fee. Further, e-Specialists, 
DOMMs, and Specialists trading issues with similar activity levels 
would be subject to the same Rights Fees.
    The Exchange believes the proposed reduction in the Rights Fee for 
issues trading under 5,001CADV is reasonable, equitable and not 
unfairly discriminatory because it would create an incentive for 
Specialists and e-Specialists to request appointments in these lower-
volume issues, which may result in increased liquidity to the benefit 
of market participants. Similarly, the Exchange believes the proposed 
reductions would encourage DOMMs to seek to transact more in these less 
active issues (i.e., to make order flow arrangements with Customers to 
direct orders in these issues to them), which in turn should increase 
volume on the Exchange.
    The Exchange also believes the proposed discounts on the Rights 
Fees available to e-Specialists, DOMMs, and Specialists are reasonable, 
equitable and not unfairly discriminatory for a number of reasons. 
First, the proposed discounts would reduce the overhead costs of e-
Specialists, DOMMs, and Specialists (by reducing the monthly Rights 
Fees), which would, in turn, enhance their ability to provide liquidity 
to the benefit of all market participants. Second, because Market 
Makers that are not e-Specialists, DOMMs, or Specialists are not 
subject to the Rights Fees (as such fees are assessed to account for 
the enhanced allocation opportunities and economic benefits that inure 
to these market participants), the proposed discount would not 
disadvantage Market Makers. In addition, all e-Specialists, DOMMs, and 
Specialists (as well as any other Market Makers) are eligible to 
participate in the Prepayment Program, which would enable them to 
qualify for the proposed 20% discount on the Rights Fees. Further, the 
proposed discounts available upon satisfying certain Tiers of the ACE 
Program are not discriminatory as they are open to all e-Specialists, 
DOMMS, and Specialists, as well as all other Market Makers who may 
arrange for ``appointment'' status with an Order Flow Provider 
(``OFP'').

[[Page 92925]]

    Finally, the Exchange is subject to significant competitive forces, 
as described below in the Exchange's statement regarding the burden on 
competition.
    For these reasons, the Exchange believes that the proposal is 
consistent with the Act.

B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,\8\ the Exchange does 
not believe that the proposed rule change would impose any burden on 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act. The Exchange believes that the proposed 
modifications on the Rights Fees would not impose an unfair burden on 
competition because the proposed Rights Fees would more closely align 
with the economic benefit of being e-Specialist, DOMM, or Specialist in 
a given issue. Because other Market Makers are not subject to the 
Rights Fee, the proposed discount would not disadvantage Market Makers. 
Instead, the proposed ACE-related discounts would operate to incent 
each e-Specialist, DOMM, or Specialist to achieve higher ACE Tiers to 
reduce its own Rights Fee. The Exchange believes that the proposed 
discounts would encourage e-Specialists, DOMMs, or Specialists to quote 
and trade competitively in their issues and would reduce the burden on 
competition among e-Specialists, DOMMs, or Specialists in the most 
actively-traded issues because e-Specialists, DOMMs, or Specialists 
that achieve the discounts would have reduced overhead.
---------------------------------------------------------------------------

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

    The Exchange notes that it operates in a highly competitive market 
in which market participants can readily favor competing venues. In 
such an environment, the Exchange must continually review, and consider 
adjusting, its fees and credits to remain competitive with other 
exchanges. For the reasons described above, the Exchange believes that 
the proposed rule change reflects this competitive environment.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the 
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change is effective upon filing pursuant to 
Section 19(b)(3)(A) \9\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \10\ thereunder, because it establishes a due, fee, or other charge 
imposed by the Exchange.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 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) \11\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \11\ 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-2016-115 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-2016-115. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NYSEMKT-2016-115, and should 
be submitted on or before January 10, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-30564 Filed 12-19-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                        Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices                                                                                    92923

                                                  Paper Comments                                                              SECURITIES AND EXCHANGE                                                      the places specified in Item IV below.
                                                     • Send paper comments in triplicate                                      COMMISSION                                                                   The Exchange has prepared summaries,
                                                  to Brent J. Fields, Secretary, Securities                                                                                                                set forth in sections A, B, and C below,
                                                                                                                              [Release No. 34–79559; File No. SR–
                                                  and Exchange Commission, 100 F Street                                       NYSEMKT–2016–115]
                                                                                                                                                                                                           of the most significant parts of such
                                                  NE., Washington, DC 20549–1090.                                                                                                                          statements.
                                                  All submissions should refer to File                                        Self-Regulatory Organizations; NYSE                                          A. Self-Regulatory Organization’s
                                                  Number SR–BOX–2016–57. This file                                            MKT LLC; Notice of Filing and                                                Statement of the Purpose of, and the
                                                  number should be included on the                                            Immediate Effectiveness of Proposed                                          Statutory Basis for, the Proposed Rule
                                                  subject line if email is used. To help the                                  Change Modifying the NYSE Amex                                               Change
                                                  Commission process and review your                                          Options Fee Schedule
                                                  comments more efficiently, please use                                                                                                                    1. Purpose
                                                                                                                              December 14, 2016.
                                                  only one method. The Commission will                                           Pursuant to Section 19(b)(1) 1 of the                                        The purpose of this filing is to amend
                                                  post all comments on the Commission’s                                       Securities Exchange Act of 1934 (the                                         Section III. C. of the Fee Schedule to
                                                  Internet Web site (http://www.sec.gov/                                      ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                                       adjust the monthly Rights Fees assessed
                                                  rules/sro.shtml). Copies of the                                             notice is hereby given that, on December                                     on Specialists, e-Specialists, Directed
                                                  submission, all subsequent                                                  1, 2016, NYSE MKT LLC (the                                                   Order Market Markers (each a ‘‘DOMM),
                                                  amendments, all written statements                                          ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with                                     and to provide alternative means to
                                                  with respect to the proposed rule                                           the Securities and Exchange                                                  qualify for a discount on the Rights
                                                  change that are filed with the                                              Commission (the ‘‘Commission’’) the                                          Fees. The Exchange proposes to
                                                  Commission, and all written                                                 proposed rule change as described in                                         implement these changes effective on
                                                  communications relating to the                                              Items I, II, and III below, which Items                                      December 1, 2016.
                                                  proposed rule change between the                                            have been prepared by the self-                                                 Currently, the Exchange charges a
                                                  Commission and any person, other than                                       regulatory organization. The                                                 Rights Fee on each issue in the
                                                  those that may be withheld from the                                         Commission is publishing this notice to                                      allocation of an e-Specialist, DOMM,
                                                  public in accordance with the                                               solicit comments on the proposed rule                                        and Specialist.4 The monthly Rights Fee
                                                  provisions of 5 U.S.C. 552, will be                                         change from interested persons.                                              ranges from $75 to $1,500 and is based
                                                  available for Web site viewing and
                                                                                                                              I. Self-Regulatory Organization’s                                            on the Average National Daily Customer
                                                  printing in the Commission’s Public
                                                                                                                              Statement of the Terms of Substance of                                       Contracts (‘‘CADV’’) per issue. With one
                                                  Reference Room, 100 F Street NE.,
                                                                                                                              the Proposed Rule Change                                                     exception, the more active an issue, the
                                                  Washington, DC 20549 on official
                                                                                                                                                                                                           higher the Rights Fee assessed. The
                                                  business days between the hours of                                             The Exchange proposes to modify the
                                                                                                                              NYSE Amex Options Fee Schedule                                               exception is that the Exchange currently
                                                  10:00 a.m. and 3:00 p.m. Copies of such
                                                                                                                              (‘‘Fee Schedule’’). The Exchange                                             charges a higher rate for the lowest-
                                                  filing also will be available for
                                                                                                                              proposes to implement the fee change                                         volume issues (i.e., less than 201 CADV)
                                                  inspection and copying at the principal
                                                                                                                              effective December 1, 2016. The                                              to offset the Exchange’s revenue with
                                                  office of the Exchange. All comments
                                                                                                                              proposed change is available on the                                          the cost of listing and maintaining these
                                                  received will be posted without change;
                                                                                                                              Exchange’s Web site at www.nyse.com,                                         low-volume issues.
                                                  the Commission does not edit personal
                                                  identifying information from                                                at the principal office of the Exchange,                                     Proposed Modification to the Rights
                                                  submissions. You should submit only                                         and at the Commission’s Public                                               Fees
                                                  information that you wish to make                                           Reference Room.
                                                  available publicly. All submissions                                                                                                                         The Exchange proposes to align the
                                                                                                                              II. Self-Regulatory Organization’s                                           Rights Fees with the economic benefit of
                                                  should refer to File Number SR–BOX–                                         Statement of the Purpose of, and
                                                  2016–57, and should be submitted on or                                                                                                                   being the e-Specialist, DOMM, or
                                                                                                                              Statutory Basis for, the Proposed Rule                                       Specialist in a given issue, based on
                                                  before January 10, 2017.                                                    Change                                                                       trading activity in an issue. The
                                                    For the Commission, by the Division of                                       In its filing with the Commission, the                                    Exchange therefore proposes that some
                                                  Trading and Markets, pursuant to delegated                                  self-regulatory organization included                                        rates would decrease (for lower-volume
                                                  authority.39                                                                statements concerning the purpose of,                                        issues) and others would increase (for
                                                  Robert W. Errett,                                                           and basis for, the proposed rule change                                      higher-volume issues). Using the same
                                                  Deputy Secretary.                                                           and discussed any comments it received                                       CADV levels currently in place, the
                                                  [FR Doc. 2016–30562 Filed 12–19–16; 8:45 am]                                on the proposed rule change. The text                                        Exchange proposes to amend the Rights
                                                  BILLING CODE 8011–01–P                                                      of those statements may be examined at                                       Fees as follows:

                                                                                                                  E-SPECIALIST,               DOMM, AND SPECIALIST RIGHTS FEE
                                                                                                Average national daily customer contracts per issue                                                                               Current fee    Proposed fee

                                                  0 to 200 ....................................................................................................................................................................           $250            $50
                                                  201 to 2,000 .............................................................................................................................................................                75             60
                                                  2,001 to 5,000 ..........................................................................................................................................................                200            150
                                                  5,001 to 15,000 ........................................................................................................................................................                 375            375
mstockstill on DSK3G9T082PROD with NOTICES




                                                  15,001 to 100,000 ....................................................................................................................................................                   750          1,250
                                                  Over 100,000 ...........................................................................................................................................................               1,500          2,000


                                                    39 17 CFR 200.30–3(a)(12).                                                   3 17CFR 240.19b–4.                                                        setting forth the current rates), available here,
                                                    1 15 U.S.C. 78s(b)(1).                                                       4 SeeFee Schedule, Section III. C. (e-Specialist,                         https://www.nyse.com/publicdocs/nyse/markets/
                                                    2 15 U.S.C. 78a.                                                          DOMM and Specialist Monthly Rights Fees)                                     amex-options/NYSE_Amex_Options_Fee_
                                                                                                                              (describing how the Rights Fee is assessed and                               Schedule.pdf.



                                             VerDate Sep<11>2014         19:36 Dec 19, 2016          Jkt 241001       PO 00000        Frm 00154        Fmt 4703       Sfmt 4703       E:\FR\FM\20DEN1.SGM              20DEN1


                                                  92924                      Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices

                                                     As shown in the chart above, the                                RIGHTS FEE DISCOUNT                               aligned with the economic benefit of
                                                  Exchange proposes to significantly                                                                                   being e-Specialist, DOMM, or Specialist
                                                  decrease the Rights Fee for the lowest-                                                                Discount on   in a given issue. For example, an e-
                                                  volume issues (i.e., between 0–200                                     ACE tier                        rights fees   Specialist, DOMM, or Specialist would
                                                                                                                                                              %
                                                  contracts) to better account for the costs                                                                           have an opportunity to interact with
                                                  to each e-Specialist, DOMM, and                                5
                                                                                                          Base ...................................                   0 fewer than 201 contracts per day to
                                                  Specialist, irrespective of costs and                   1 ............................................             0 cover the proposed $50 per month
                                                  revenue to the Exchange associated with                 2 ............................................             0 Rights Fee and would have the
                                                  listing an issue. The Exchange also                     3 ............................................            20 opportunity to interact with more than
                                                  proposes to slightly decrease the Rights                4 ............................................            30 100,000 contracts per day to cover the
                                                  Fee for option issues trading between                   5 ............................................            40 proposed $2,000 per month Rights Fee.
                                                  201–2,000 CADV and trading between                                                                                   Further, e-Specialists, DOMMs, and
                                                  2,001–5,000 CADV to better align with                       In the event that an e-Specialist,                       Specialists trading issues with similar
                                                  the cost to the Exchange associated with                DOMM, or Specialist qualified for both                       activity levels would be subject to the
                                                  such issues. The Exchange believes the                  discounts in a given month, only the                         same Rights Fees.
                                                  proposed reduction in the Rights Fee for                larger discount would be applied. For                           The Exchange believes the proposed
                                                  issues trading under 5,001 CADV would                   instance, a Specialist in one of the                         reduction in the Rights Fee for issues
                                                  create an incentive for Specialists and e-              Prepayment Programs would be eligible trading under 5,001CADV is reasonable,
                                                  Specialists to request appointments in                  to receive a 20% discount on the Rights equitable and not unfairly
                                                  these lower-volume issues, which may                    Fees every month or, if that same                            discriminatory because it would create
                                                  result in increased liquidity to the                    Specialist also qualifies for ACE Tier 4,                    an incentive for Specialists and e-
                                                  benefit of market participants. Similarly,              making it eligible for a 30% discount in Specialists to request appointments in
                                                  the Exchange believes the proposed                      a given month, the Specialist would                          these lower-volume issues, which may
                                                  reductions would encourage DOMMs to                     receive a 30% discount to the Rights                         result in increased liquidity to the
                                                  seek to transact more in these less active              Fees for that month in lieu of the 20%                       benefit of market participants. Similarly,
                                                  issues (i.e., to make order flow                        discount.                                                    the Exchange believes the proposed
                                                  arrangements with Customers to direct                   2. Statutory Basis                                           reductions would encourage DOMMs to
                                                  orders in these issues to them), which                                                                               seek to transact more in these less active
                                                                                                              The Exchange believes that the
                                                  in turn should increase volume on the
                                                                                                          proposed rule change is consistent with issues (i.e., to make order flow
                                                  Exchange.                                                                                                            arrangements with Customers to direct
                                                                                                          Section 6(b) of the Act,6 in general, and
                                                     In addition, the Exchange proposes to                furthers the objectives of Sections                          orders in these issues to them), which
                                                  increase the Rights Fees associated with                6(b)(4) and (5) of the Act, in particular, in turn should increase volume on the
                                                                                                                                                       7
                                                  the two most active CADV categories of                  because it provides for the equitable                        Exchange.
                                                  issues to better reflect the economic                   allocation of reasonable dues, fees, and                        The Exchange also believes the
                                                  benefits of being an e-Specialist,                      other charges among its members,                             proposed discounts on the Rights Fees
                                                  DOMM, or Specialist in more actively-                   issuers and other persons using its                          available to e-Specialists, DOMMs, and
                                                  traded issues (i.e., option issues trading              facilities and does not unfairly                             Specialists are reasonable, equitable and
                                                  more than 5,000 CADV). The Exchange                     discriminate between customers,                              not unfairly discriminatory for a number
                                                  believes the proposed modifications to                  issuers, brokers or dealers.                                 of reasons. First, the proposed discounts
                                                  the Rights Fees are appropriate as an e-                    The Exchange believes that the                           would reduce the overhead costs of e-
                                                  Specialist, DOMM, or Specialist would                   proposed modifications to the Rights                         Specialists, DOMMs, and Specialists (by
                                                  have an opportunity to interact with                    Fees are reasonable, equitable and not                       reducing the monthly Rights Fees),
                                                  fewer than 201 contracts per day to                     unfairly discriminatory for a number of                      which would, in turn, enhance their
                                                  cover the proposed $50 per month                        reasons. First, the Rights Fees apply                        ability to provide liquidity to the benefit
                                                  Rights Fees and would have the                          solely to e-Specialists, DOMMs, and                          of all market participants. Second,
                                                  opportunity to interact with more than                  Specialists (other Market Makers are not because Market Makers that are not e-
                                                  100,000 contracts per day to cover the                  subject to this Fee) and are assessed to                     Specialists, DOMMs, or Specialists are
                                                  proposed $2,000 per month Rights Fee.                   account for the enhanced allocation                          not subject to the Rights Fees (as such
                                                                                                          opportunities and economic benefits                          fees are assessed to account for the
                                                  Proposed Discounts to the Rights Fees
                                                                                                          that inure to these market participants.                     enhanced allocation opportunities and
                                                     The Exchange proposes two                            Second, the monthly Rights Fees are                          economic benefits that inure to these
                                                  alternative methods for Specialists, e-                 directly related to the number of                            market participants), the proposed
                                                  Specialists, and DOMMs to qualify for a                 allocations in the appointment of each                       discount would not disadvantage
                                                  discount on the monthly Rights Fees.                    e-Specialist, DOMM, or Specialist,                           Market Makers. In addition, all e-
                                                  First, as proposed, any Specialist, e-                  which appointments are completely                            Specialists, DOMMs, and Specialists (as
                                                  Specialist, or DOMM that participates in                voluntary. Any e-Specialist, DOMM, or                        well as any other Market Makers) are
                                                  the Prepayment Program (outlined in                     Specialist can opt to relinquish any                         eligible to participate in the Prepayment
                                                  Section I.D. of the Fee Schedule) would                 issue in its allocation to reduce its total                  Program, which would enable them to
                                                  be eligible for a 20% discount to their                 Rights Fee. In addition, the proposed                        qualify for the proposed 20% discount
                                                  monthly Rights Fees. Alternatively, the                 Rights Fees would be more closely                            on the Rights Fees. Further, the
                                                  Exchange proposes that any Specialist,                                                                               proposed discounts available upon
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                                                  e-Specialist, or DOMM that achieves                        5 The Exchange notes that it is proposing to add          satisfying certain Tiers of the ACE
                                                  one of the Tiers in the Amex Customer                   a Base Tier to the ACE Program in a separate fee             Program are not discriminatory as they
                                                  Engagement (‘‘ACE’’) Program (outlined                  filing, also for December 1, 2016. Thus, reference           are open to all e-Specialists, DOMMS,
                                                                                                          to a Base Tier herein is designed to align with that
                                                  in Section I.E. of the Fee Schedule)                    proposed change. See File No. SR–NYSEMKT–
                                                                                                                                                                       and Specialists, as well as all other
                                                  would be eligible for a discount on their               2016–114.                                                    Market Makers who may arrange for
                                                  Rights Fees, as set forth in the table                     6 15 U.S.C. 78f(b).                                       ‘‘appointment’’ status with an Order
                                                  below.                                                     7 15 U.S.C. 78f(b)(4) and (5).                            Flow Provider (‘‘OFP’’).


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                                                                                Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices                                                92925

                                                    Finally, the Exchange is subject to                      III. Date of Effectiveness of the                     proposed rule change between the
                                                  significant competitive forces, as                         Proposed Rule Change and Timing for                   Commission and any person, other than
                                                  described below in the Exchange’s                          Commission Action                                     those that may be withheld from the
                                                  statement regarding the burden on                             The foregoing rule change is effective             public in accordance with the
                                                  competition.                                               upon filing pursuant to Section                       provisions of 5 U.S.C. 552, will be
                                                    For these reasons, the Exchange                          19(b)(3)(A) 9 of the Act and                          available for Web site viewing and
                                                                                                             subparagraph (f)(2) of Rule 19b–4 10                  printing in the Commission’s Public
                                                  believes that the proposal is consistent
                                                                                                             thereunder, because it establishes a due,             Reference Room, 100 F Street NE.,
                                                  with the Act.
                                                                                                             fee, or other charge imposed by the                   Washington, DC 20549 on official
                                                  B. Self-Regulatory Organization’s                          Exchange.                                             business days between the hours of
                                                  Statement on Burden on Competition                            At any time within 60 days of the                  10:00 a.m. and 3:00 p.m. Copies of such
                                                                                                             filing of such proposed rule change, the              filing also will be available for
                                                     In accordance with Section 6(b)(8) of                   Commission summarily may                              inspection and copying at the principal
                                                  the Act,8 the Exchange does not believe                    temporarily suspend such rule change if               office of the Exchange. All comments
                                                  that the proposed rule change would                        it appears to the Commission that such                received will be posted without change;
                                                  impose any burden on competition that                      action is necessary or appropriate in the             the Commission does not edit personal
                                                  is not necessary or appropriate in                         public interest, for the protection of                identifying information from
                                                  furtherance of the purposes of the Act.                    investors, or otherwise in furtherance of             submissions. You should submit only
                                                  The Exchange believes that the                             the purposes of the Act. If the                       information that you wish to make
                                                  proposed modifications on the Rights                       Commission takes such action, the                     available publicly. All submissions
                                                  Fees would not impose an unfair burden                     Commission shall institute proceedings                should refer to File Number SR–
                                                  on competition because the proposed                        under Section 19(b)(2)(B) 11 of the Act to            NYSEMKT–2016–115, and should be
                                                  Rights Fees would more closely align                       determine whether the proposed rule                   submitted on or before January 10, 2017.
                                                  with the economic benefit of being e-                      change should be approved or
                                                                                                                                                                     For the Commission, by the Division of
                                                  Specialist, DOMM, or Specialist in a                       disapproved.
                                                                                                                                                                   Trading and Markets, pursuant to delegated
                                                  given issue. Because other Market                          IV. Solicitation of Comments                          authority.12
                                                  Makers are not subject to the Rights Fee,                    Interested persons are invited to                   Robert W. Errett,
                                                  the proposed discount would not                            submit written data, views, and                       Deputy Secretary.
                                                  disadvantage Market Makers. Instead,                       arguments concerning the foregoing,                   [FR Doc. 2016–30564 Filed 12–19–16; 8:45 am]
                                                  the proposed ACE-related discounts                         including whether the proposed rule                   BILLING CODE 8011–01–P
                                                  would operate to incent each e-                            change is consistent with the Act.
                                                  Specialist, DOMM, or Specialist to                         Comments may be submitted by any of
                                                  achieve higher ACE Tiers to reduce its                     the following methods:                                SECURITIES AND EXCHANGE
                                                  own Rights Fee. The Exchange believes                                                                            COMMISSION
                                                  that the proposed discounts would                          Electronic Comments
                                                  encourage e-Specialists, DOMMs, or                            • Use the Commission’s Internet
                                                                                                             comment form (http://www.sec.gov/                     [Release No. 34–79560; File No. SR–CBOE–
                                                  Specialists to quote and trade
                                                                                                             rules/sro.shtml); or                                  2016–081]
                                                  competitively in their issues and would
                                                  reduce the burden on competition                              • Send an email to rule-comments@
                                                                                                             sec.gov. Please include File Number SR–               Self-Regulatory Organizations;
                                                  among e-Specialists, DOMMs, or                                                                                   Chicago Board Options Exchange,
                                                  Specialists in the most actively-traded                    NYSEMKT–2016–115 on the subject
                                                                                                             line.                                                 Incorporated; Notice of Filing and
                                                  issues because e-Specialists, DOMMs, or                                                                          Immediate Effectiveness of a Proposed
                                                  Specialists that achieve the discounts                     Paper Comments                                        Rule Change To Move the Web Site
                                                  would have reduced overhead.                                  • Send paper comments in triplicate                and Vendor Through Which It Sells and
                                                     The Exchange notes that it operates in                  to Secretary, Securities and Exchange                 Disseminates Open and Close Volume
                                                  a highly competitive market in which                       Commission, 100 F Street NE.,                         Data on the CBOE
                                                  market participants can readily favor                      Washington, DC 20549–1090.
                                                                                                                                                                   December 14, 2016.
                                                  competing venues. In such an                               All submissions should refer to File
                                                  environment, the Exchange must                             Number SR–NYSEMKT–2016–115. This                         Pursuant to Section 19(b)(1) of the
                                                  continually review, and consider                           file number should be included on the                 Securities Exchange Act of 1934 (the
                                                  adjusting, its fees and credits to remain                  subject line if email is used. To help the            ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  competitive with other exchanges. For                      Commission process and review your                    notice is hereby given that on December
                                                  the reasons described above, the                           comments more efficiently, please use                 9, 2016, Chicago Board Options
                                                  Exchange believes that the proposed                        only one method. The Commission will                  Exchange, Incorporated (the ‘‘Exchange’’
                                                  rule change reflects this competitive                      post all comments on the Commission’s                 or ‘‘CBOE’’) filed with the Securities
                                                  environment.                                               Internet Web site (http://www.sec.gov/                and Exchange Commission (the
                                                                                                             rules/sro.shtml). Copies of the                       ‘‘Commission’’) the proposed rule
                                                  C. Self-Regulatory Organization’s                          submission, all subsequent                            change as described in Items I, II, and
                                                  Statement on Comments on the                               amendments, all written statements                    III below, which Items have been
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                                                  Proposed Rule Change Received From                         with respect to the proposed rule                     prepared by the Exchange. The
                                                  Members, Participants, or Others                           change that are filed with the                        Commission is publishing this notice to
                                                                                                             Commission, and all written                           solicit comments on the proposed rule
                                                    No written comments were solicited                       communications relating to the                        change from interested persons.
                                                  or received with respect to the proposed
                                                  rule change.                                                 9 15 U.S.C. 78s(b)(3)(A).                             12 17 CFR 200.30–3(a)(12).
                                                                                                               10 17 CFR 240.19b–4(f)(2).                            1 15 U.S.C. 78s(b)(1).
                                                    8 15   U.S.C. 78f(b)(8).                                   11 15 U.S.C. 78s(b)(2)(B).                            2 17 CFR 240.19b–4.




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Document Created: 2018-02-14 09:10:11
Document Modified: 2018-02-14 09:10:11
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 92923 

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