82_FR_28290 82 FR 28173 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its Price List Regarding the Liquidity Provider Incentive Program

82 FR 28173 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its Price List Regarding the Liquidity Provider Incentive Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 117 (June 20, 2017)

Page Range28173-28176
FR Document2017-12884

Federal Register, Volume 82 Issue 117 (Tuesday, June 20, 2017)
[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]
[Notices]
[Pages 28173-28176]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12884]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80934; File No. SR-NYSE-2017-27]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Amend Its Price List Regarding the Liquidity Provider Incentive Program

June 15, 2017.
    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 June 1, 2017, New York Stock Exchange LLC (``NYSE'' or 
the ``Exchange'') filed with the Securities and Exchange Commission 
(the ``Commission'') the proposed rule change as described in Items I 
and II below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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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 its Price List regarding the 
Liquidity Provider Incentive Program. The proposed rule change is 
available on the Exchange's Web site at www.nyse.com, at the principal 
office of the Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of those statements may be examined at

[[Page 28174]]

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 Price List regarding the 
Liquidity Provider Incentive Program.\4\ Specifically, the Exchange 
proposes to change the manner by which rebates would be payable under 
the Liquidity Provider Incentive Program.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release Nos. 77591 (April 12, 
2016), 81 FR 22656 (April 18, 2016) (SR-NYSE-2016-26); 77812 (May 
11, 2016), 81 FR 30594 (May 17, 2016) (SR-NYSE-2016-34); and 79210 
(November 1, 2016), 81 FR 78213 (November 7, 2016) (SR-NYSE-2016-
68).
---------------------------------------------------------------------------

    Currently, pursuant to the Liquidity Provider Incentive Program, 
the Exchange pays Users \5\ of NYSE Bonds a daily rebate based on the 
number of CUSIPs \6\ on the NYSE Bonds Book for which a User meets the 
quoting requirements in one or more of three maturity classifications.
---------------------------------------------------------------------------

    \5\ Rule 86(b)(2)(M) defines a User as any Member or Member 
Organization, Sponsored Participant, or Authorized Trader that is 
authorized to access NYSE Bonds. For purposes of the Liquidity 
provider Incentive Program, a User is a Member or Member 
Organization that is authorized to access NYSE Bonds.
    \6\ CUSIP stands for Committee on Uniform Securities 
Identification Procedures. A CUSIP number identifies most financial 
instruments, including: Stocks of all registered U.S. and Canadian 
companies, commercial paper, and U.S. government and municipal 
bonds. The CUSIP system--owned by the American Bankers Association 
and managed by Standard & Poor's--facilitates the clearance and 
settlement process of securities. See http://www.sec.gov/answers/cusip.htm.
---------------------------------------------------------------------------

    The daily rebate amount is tiered based on the number of qualifying 
CUSIPs that meet quoting requirements, as follows:

------------------------------------------------------------------------
               Number of qualifying CUSIPs                 Daily rebate
------------------------------------------------------------------------
400-599.................................................            $500
600-799.................................................           1,000
800 or more.............................................           1,500
------------------------------------------------------------------------

    For a CUSIP to be included in the daily rebate calculation, a User 
is required to provide continuous two-sided quotes for a minimum of 100 
bonds for at least 80% of the day's Core Bond Trading Session,\7\ and 
satisfy the average spread and average duration requirement.\8\ The 
Exchange makes the determination of whether a User has met the 
prescribed quoting requirements each trading day to determine the 
amount of daily rebate for which a User qualifies. The Exchange then 
aggregates the daily rebate for each User and pays the total amount of 
the accumulated rebate to each User at the end of every month.
---------------------------------------------------------------------------

    \7\ The Core Bond Trading Session commences at 8:00 a.m. ET and 
concludes at 5:00 p.m. ET. See Rule 86(i)(2).
    \8\ See Quoting Requirements under NYSE Bonds System, Liquidity 
Provider Incentive Program, on the Exchange Price List at https://www.nyse.com/publicdocs/nyse/markets/nyse/NYSE_Price_List.pdf.
---------------------------------------------------------------------------

    The Exchange proposes to change the Liquidity Provider Incentive 
Program to allow a User to enter quotes and orders under a Unique User 
ID to potentially qualify for more rebates. In connection with this 
proposal, the Exchange proposes to replace the term `User' with `Unique 
User' and adopt a definition of the term `Unique User' in the Price 
List related to the Liquidity Provider Incentive Program. The term 
`Unique User' would mean a User, a trading desk of a User, or a 
customer \9\ of a User, on whose behalf a member or member organization 
enters quotes or orders under a Unique User ID that such User requests 
from and is provided by the Exchange. At the request of a User, the 
Exchange will assign a separate Unique User ID to each trading desk or 
customer of such User. A User may request any number of Unique User IDs 
from the Exchange. The proposed change would permit a User, based on a 
Unique User ID, that meets the quoting requirements under the Liquidity 
Provider Incentive Program to qualify for the rebates.
---------------------------------------------------------------------------

    \9\ A customer may be, for example, a hedge fund that is not a 
member or member organization and therefore unable to access the 
NYSE Bonds.
---------------------------------------------------------------------------

    To illustrate, consider that ABC Securities (``ABC''), a NYSE User, 
has two separate trading desks, the Electronic Market Making Desk and 
the ETF Trading Desk, that operate independently of each other. Each of 
these desks has its own unique trading strategy. Under the proposal, at 
the User's request, the Exchange would assign each desk a Unique User 
ID, and monitor the quoting activity associated with each Unique User 
ID to calculate the appropriate rebate attributable to each desk 
independently. Under the proposal, ABC would be eligible to receive two 
separate rebate amounts based on the performance of each independent 
trade desk.
    The Exchange is not proposing any other change to the manner in 
which rebates are calculated or the level of the rebates payable under 
the Liquidity Provider Incentive Program. The Exchange notes that to 
the extent a member or member organization delineates its activity, the 
member or member organization, as a result, may or may not qualify for 
the rebate.
    The proposed rule change is intended to promote greater 
participation in the Liquidity Provider Incentive Program and provide 
participants with an incentive to transact more on the NYSE Bonds 
system.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\10\ in general, and furthers the 
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\11\ 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.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4), (5).
---------------------------------------------------------------------------

    The Exchange believes that it is reasonable and equitable to amend 
the Liquidity Provider Incentive Program for the bonds trading 
platform, which would provide daily rebates based on activity 
associated with a Unique User ID that meets the Liquidity Provider 
Incentive Program's stated quoting requirements. The Liquidity Provider 
Incentive Program is already available to Users and the Exchange is 
proposing to change the program to permit participation in the 
Liquidity Provider Incentive Program based on Unique User IDs for 
providing quotes and trades to the Exchange, rather than based solely 
on the quoting and trading activity of individual Users.
    The Exchange believes it is reasonable, equitable and not unfairly 
discriminatory to allow a member or member organization to qualify for 
rebates based on quotes and orders associated with a Unique User ID 
that a member or member organization requests. The purpose of the 
proposed rule change is to potentially permit Users to earn more 
rebates. The Exchange believes that providing additional opportunities 
to member and member organizations to earn rebates would encourage such 
participants to provide increased displayed liquidity on the Exchange 
for the benefit of all trading participants.
    The Exchange believes that the current quoting requirements to 
qualify for the daily rebate, which are based on the average spread and 
average duration, would continue to apply to each Unique User ID under 
the proposal, and therefore would not unfairly discriminate between 
customers, issuers, and brokers or

[[Page 28175]]

dealers because all Users that opt in to the Liquidity Provider 
Incentive Program would be subject to the same requirements. The 
Exchange further believes that the proposed amendment is reasonable 
because it is designed to provide an incentive for member organizations 
to increase displayed liquidity at the Exchange, thereby increasing 
traded volume.
    The Exchange believes the proposed amendment to the Liquidity 
Provider Incentive Program is intended to provide additional liquidity 
to the market and add competition to the existing group of liquidity 
providers. The Exchange believes that by providing Users with the 
ability to earn increased rebates, the Exchange is rewarding aggressive 
liquidity providers in the market, and by doing so, the Exchange will 
encourage the additional utilization of, and interaction with, the NYSE 
and provide customers with the premier venue for price discovery, 
liquidity, and competitive quotes.
    Finally, the Exchange believes that the proposed rule change is 
equitable and not unfairly discriminatory in that it would apply 
uniformly to all Users of the NYSE Bonds system. Each User that is a 
member or member organization has the ability to request any number of 
Unique User IDs from the Exchange and each Unique User ID would equally 
qualify for the rebate under the program. All similarly situated Users 
would be subject to the same fee and rebate structure, and each User 
would have the ability to determine the extent to which the Exchange's 
proposed fee and rebate structure will provide it with an economic 
incentive to use the NYSE Bonds system, and model its business 
accordingly.

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

    In accordance with Section 6(b)(8) of the Act,\12\ 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. Debt securities typically trade in a decentralized 
OTC dealer market that is less liquid and transparent than the equities 
markets. The Exchange believes that the proposed change would increase 
competition with these OTC venues by enabling increased participation 
to engage in bonds transactions on the Exchange and rewarding market 
participants for actively quoting and providing liquidity in the only 
transparent bond market, which the Exchange believes will enhance 
market quality.
---------------------------------------------------------------------------

    \12\ 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 that 
are not transparent. In such an environment, the Exchange must 
continually review, and consider adjusting its fees and rebates to 
remain competitive with other exchanges as well as with alternative 
trading systems and other venues that are not required to comply with 
the statutory standards applicable to exchanges. As a result of these 
considerations, the Exchange does not believe that the proposed change 
will impair the ability of member organizations or competing order 
execution venues to maintain their competitive standing in the 
financial markets.

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

    Because the proposed rule change does not (i) significantly affect 
the protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative for 30 
days from the date on which it was filed, or such shorter time as the 
Commission may designate, it has become effective pursuant to Section 
19(b)(3)(A) of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \15\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \16\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the proposed rule change may become operative immediately on filing. 
The Exchange states that waiver of the operative delay would be 
consistent with the protection of investors and the public interest 
because the proposed rule change would allow the Exchange, within 30 
days after filing the proposed rule change, to expand the Liquidity 
Provider Incentive Program by allowing Users to identify additional 
Unique User IDs for purposes of calculating the rebate. The Exchange 
believes that the proposed rule change would increase the opportunity 
for participants to earn rebates under the Liquidity Provider Incentive 
Program and thereby incentivize member organizations to increase 
displayed bond liquidity on the Exchange. The Commission believes the 
waiver of the operative delay is consistent with the protection of 
investors and the public interest. Accordingly, the Commission hereby 
waives the operative delay and designates the proposed rule change 
operative upon filing.\17\
---------------------------------------------------------------------------

    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the 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 to 
determine whether the proposed rule change should be approved or 
disapproved.

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-NYSE-2017-27 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSE-2017-27. This file 
number should be included on the

[[Page 28176]]

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-NYSE-2017-27, and should be submitted on or before July 
11, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-12884 Filed 6-19-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                    Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Notices                                                28173

                                                interaction on PSX. The proposed                           temporarily suspend such rule change if                should refer to File No. SR–Phlx–2017–
                                                change to the credit is also designed to                   it appears to the Commission that such                 44, and should be submitted on or
                                                improve the market by providing                            action is: (i) Necessary or appropriate in             before July 11, 2017.
                                                incentive to member organizations to                       the public interest; (ii) for the protection             For the Commission, by the Division of
                                                increase their activity on PSX. Thus, the                  of investors; or (iii) otherwise in                    Trading and Markets, pursuant to delegated
                                                proposed changes are designed to                           furtherance of the purposes of the Act.                authority.9
                                                improve market quality for all market                      If the Commission takes such action, the               Eduardo A. Aleman,
                                                participants on PSX. The Exchange has                      Commission shall institute proceedings                 Assistant Secretary.
                                                observed that the current fee structure                    to determine whether the proposed rule                 [FR Doc. 2017–12888 Filed 6–19–17; 8:45 am]
                                                for PSCN order executions has not                          should be approved or disapproved.
                                                                                                                                                                  BILLING CODE 8011–01–P
                                                provided adequate incentive to member
                                                                                                           IV. Solicitation of Comments
                                                organizations to use PSCN. The
                                                Exchange believes that the proposed fee                      Interested persons are invited to
                                                                                                                                                                  SECURITIES AND EXCHANGE
                                                structure will provide such incentive.                     submit written data, views, and
                                                                                                                                                                  COMMISSION
                                                The Exchange has also observed that the                    arguments concerning the foregoing,
                                                credit has not provided adequate                           including whether the proposed rule                    [Release No. 34–80934; File No. SR–NYSE–
                                                incentive to member organizations to                       change is consistent with the Act.                     2017–27]
                                                increase their Consolidated Volume to                      Comments may be submitted by any of
                                                                                                           the following methods:                                 Self-Regulatory Organizations; New
                                                meet the credit’s qualification criteria.
                                                                                                                                                                  York Stock Exchange LLC; Notice of
                                                As a consequence, the Exchange is                          Electronic Comments                                    Filing and Immediate Effectiveness of
                                                proposing to reduce the level of
                                                Consolidated Volume required to                              • Use the Commission’s Internet                      Proposed Rule Change To Amend Its
                                                                                                           comment form (http://www.sec.gov/                      Price List Regarding the Liquidity
                                                qualify for the credit, which should
                                                                                                           rules/sro.shtml); or                                   Provider Incentive Program
                                                make the credit attainable by more
                                                member organizations while still                             • Send an email to rule-comments@
                                                                                                                                                                  June 15, 2017.
                                                requiring a high level of Consolidated                     sec.gov. Please include File No. SR–
                                                                                                           Phlx–2017–44 on the subject line.                         Pursuant to Section 19(b)(1) 1 of the
                                                Volume to receive the credit. Because                                                                             Securities Exchange Act of 1934 (the
                                                the Exchange’s execution services are                      Paper Comments                                         ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                completely voluntary and subject to                           • Send paper comments in triplicate                 notice is hereby given that, on June 1,
                                                extensive competition both from other                      to Secretary, Securities and Exchange                  2017, New York Stock Exchange LLC
                                                exchanges and from off-exchange                            Commission, 100 F Street NE.,                          (‘‘NYSE’’ or the ‘‘Exchange’’) filed with
                                                venues, the proposed overall reduction                     Washington, DC 20549–1090.                             the Securities and Exchange
                                                in the fees assessed for PSCN order                                                                               Commission (the ‘‘Commission’’) the
                                                                                                           All submissions should refer to File No.
                                                executions and the reduction in the                                                                               proposed rule change as described in
                                                                                                           SR–Phlx–2017–44. This file number
                                                qualification criteria of the credit should                                                                       Items I and II below, which Items have
                                                                                                           should be included on the subject line
                                                not impose a burden on competition.                                                                               been prepared by the self-regulatory
                                                                                                           if email is used. To help the
                                                Ultimately, the Exchange believes that                                                                            organization. The Commission is
                                                                                                           Commission process and review your
                                                the proposal is pro-competitive because,                                                                          publishing this notice to solicit
                                                                                                           comments more efficiently, please use
                                                to the extent it is effective in improving                                                                        comments on the proposed rule change
                                                                                                           only one method. The Commission will
                                                market quality on PSX, other markets                                                                              from interested persons.
                                                                                                           post all comments on the Commission’s
                                                may be compelled to provide similar
                                                                                                           Internet Web site (http://www.sec.gov/                 I. Self-Regulatory Organization’s
                                                incentives to improve market quality on
                                                                                                           rules/sro.shtml). Copies of the                        Statement of the Terms of Substance of
                                                their markets. Thus, the Exchange does
                                                                                                           submission, all subsequent                             the Proposed Rule Change
                                                not believe that the proposed changes
                                                                                                           amendments, all written statements
                                                will impair the ability of members or                                                                                The Exchange proposes to amend its
                                                                                                           with respect to the proposed rule
                                                competing order execution venues to                                                                               Price List regarding the Liquidity
                                                                                                           change that are filed with the
                                                maintain their competitive standing in                                                                            Provider Incentive Program. The
                                                                                                           Commission, and all written
                                                the financial markets or impose any                                                                               proposed rule change is available on the
                                                                                                           communications relating to the
                                                burden on competition, but may rather                                                                             Exchange’s Web site at www.nyse.com,
                                                                                                           proposed rule change between the
                                                promote competition.                                                                                              at the principal office of the Exchange,
                                                                                                           Commission and any person, other than
                                                                                                                                                                  and at the Commission’s Public
                                                C. Self-Regulatory Organization’s                          those that may be withheld from the
                                                                                                                                                                  Reference Room.
                                                Statement on Comments on the                               public in accordance with the
                                                Proposed Rule Change Received From                         provisions of 5 U.S.C. 552, will be                    II. Self-Regulatory Organization’s
                                                Members, Participants, or Others                           available for Web site viewing and                     Statement of the Purpose of, and
                                                  No written comments were either                          printing in the Commission’s Public                    Statutory Basis for, the Proposed Rule
                                                solicited or received.                                     Reference Room, 100 F Street NE.,                      Change
                                                                                                           Washington, DC 20549, on official                         In its filing with the Commission, the
                                                III. Date of Effectiveness of the                          business days between the hours of                     self-regulatory organization included
                                                Proposed Rule Change and Timing for                        10:00 a.m. and 3:00 p.m. Copies of the                 statements concerning the purpose of,
                                                Commission Action                                          filing also will be available for                      and basis for, the proposed rule change
                                                                                                           inspection and copying at the principal
sradovich on DSK3GMQ082PROD with NOTICES




                                                   The foregoing rule change has become                                                                           and discussed any comments it received
                                                effective pursuant to Section                              office of the Exchange. All comments                   on the proposed rule change. The text
                                                19(b)(3)(A)(ii) of the Act.8                               received will be posted without change;                of those statements may be examined at
                                                   At any time within 60 days of the                       the Commission does not edit personal
                                                filing of the proposed rule change, the                    identifying information from                             9 17 CFR 200.30–3(a)(12).
                                                Commission summarily may                                   submissions. You should submit only                      1 15 U.S.C. 78s(b)(1).
                                                                                                           information that you wish to make                        2 15 U.S.C. 78a.
                                                  8 15   U.S.C. 78s(b)(3)(A)(ii).                          available publicly. All submissions                      3 17 CFR 240.19b–4.




                                           VerDate Sep<11>2014      18:01 Jun 19, 2017   Jkt 241001   PO 00000   Frm 00131   Fmt 4703   Sfmt 4703   E:\FR\FM\20JNN1.SGM    20JNN1


                                                28174                                Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Notices

                                                the places specified in Item IV below.                       determination of whether a User has                    member organization, as a result, may or
                                                The Exchange has prepared summaries,                         met the prescribed quoting requirements                may not qualify for the rebate.
                                                set forth in sections A, B, and C below,                     each trading day to determine the                        The proposed rule change is intended
                                                of the most significant parts of such                        amount of daily rebate for which a User                to promote greater participation in the
                                                statements.                                                  qualifies. The Exchange then aggregates                Liquidity Provider Incentive Program
                                                                                                             the daily rebate for each User and pays                and provide participants with an
                                                A. Self-Regulatory Organization’s                                                                                   incentive to transact more on the NYSE
                                                Statement of the Purpose of, and the                         the total amount of the accumulated
                                                                                                             rebate to each User at the end of every                Bonds system.
                                                Statutory Basis for, the Proposed Rule
                                                Change                                                       month.                                                 2. Statutory Basis
                                                                                                                The Exchange proposes to change the
                                                1. Purpose                                                   Liquidity Provider Incentive Program to                   The Exchange believes that the
                                                                                                             allow a User to enter quotes and orders                proposed rule change is consistent with
                                                   The Exchange proposes to amend its                                                                               Section 6(b) of the Act,10 in general, and
                                                Price List regarding the Liquidity                           under a Unique User ID to potentially
                                                                                                             qualify for more rebates. In connection                furthers the objectives of Sections
                                                Provider Incentive Program.4                                                                                        6(b)(4) and 6(b)(5) of the Act,11 in
                                                Specifically, the Exchange proposes to                       with this proposal, the Exchange
                                                                                                             proposes to replace the term ‘User’ with               particular, because it provides for the
                                                change the manner by which rebates                                                                                  equitable allocation of reasonable dues,
                                                would be payable under the Liquidity                         ‘Unique User’ and adopt a definition of
                                                                                                             the term ‘Unique User’ in the Price List               fees, and other charges among its
                                                Provider Incentive Program.                                                                                         members, issuers and other persons
                                                   Currently, pursuant to the Liquidity                      related to the Liquidity Provider
                                                                                                             Incentive Program. The term ‘Unique                    using its facilities and does not unfairly
                                                Provider Incentive Program, the
                                                                                                             User’ would mean a User, a trading desk                discriminate between customers,
                                                Exchange pays Users 5 of NYSE Bonds a
                                                                                                             of a User, or a customer 9 of a User, on               issuers, brokers or dealers.
                                                daily rebate based on the number of
                                                                                                                                                                       The Exchange believes that it is
                                                CUSIPs 6 on the NYSE Bonds Book for                          whose behalf a member or member
                                                                                                                                                                    reasonable and equitable to amend the
                                                which a User meets the quoting                               organization enters quotes or orders
                                                                                                                                                                    Liquidity Provider Incentive Program
                                                requirements in one or more of three                         under a Unique User ID that such User
                                                                                                                                                                    for the bonds trading platform, which
                                                maturity classifications.                                    requests from and is provided by the
                                                   The daily rebate amount is tiered                                                                                would provide daily rebates based on
                                                                                                             Exchange. At the request of a User, the
                                                based on the number of qualifying                                                                                   activity associated with a Unique User
                                                                                                             Exchange will assign a separate Unique
                                                CUSIPs that meet quoting requirements,                                                                              ID that meets the Liquidity Provider
                                                                                                             User ID to each trading desk or customer
                                                as follows:                                                                                                         Incentive Program’s stated quoting
                                                                                                             of such User. A User may request any
                                                                                                                                                                    requirements. The Liquidity Provider
                                                                                                             number of Unique User IDs from the
                                                Number of qualifying CUSIPs                Daily rebate                                                             Incentive Program is already available to
                                                                                                             Exchange. The proposed change would
                                                                                                                                                                    Users and the Exchange is proposing to
                                                                                                             permit a User, based on a Unique User
                                                400–599 ................................             $500                                                           change the program to permit
                                                600–799 ................................            1,000    ID, that meets the quoting requirements
                                                                                                                                                                    participation in the Liquidity Provider
                                                800 or more ..........................              1,500    under the Liquidity Provider Incentive
                                                                                                                                                                    Incentive Program based on Unique
                                                                                                             Program to qualify for the rebates.
                                                                                                                                                                    User IDs for providing quotes and trades
                                                  For a CUSIP to be included in the                             To illustrate, consider that ABC
                                                                                                                                                                    to the Exchange, rather than based
                                                daily rebate calculation, a User is                          Securities (‘‘ABC’’), a NYSE User, has
                                                                                                                                                                    solely on the quoting and trading
                                                required to provide continuous two-                          two separate trading desks, the
                                                                                                                                                                    activity of individual Users.
                                                sided quotes for a minimum of 100                            Electronic Market Making Desk and the                     The Exchange believes it is
                                                bonds for at least 80% of the day’s Core                     ETF Trading Desk, that operate                         reasonable, equitable and not unfairly
                                                Bond Trading Session,7 and satisfy the                       independently of each other. Each of                   discriminatory to allow a member or
                                                average spread and average duration                          these desks has its own unique trading                 member organization to qualify for
                                                requirement.8 The Exchange makes the                         strategy. Under the proposal, at the                   rebates based on quotes and orders
                                                                                                             User’s request, the Exchange would                     associated with a Unique User ID that a
                                                   4 See Securities Exchange Act Release Nos. 77591
                                                                                                             assign each desk a Unique User ID, and                 member or member organization
                                                (April 12, 2016), 81 FR 22656 (April 18, 2016) (SR–          monitor the quoting activity associated
                                                NYSE–2016–26); 77812 (May 11, 2016), 81 FR                                                                          requests. The purpose of the proposed
                                                30594 (May 17, 2016) (SR–NYSE–2016–34); and                  with each Unique User ID to calculate                  rule change is to potentially permit
                                                79210 (November 1, 2016), 81 FR 78213 (November              the appropriate rebate attributable to                 Users to earn more rebates. The
                                                7, 2016) (SR–NYSE–2016–68).                                  each desk independently. Under the
                                                   5 Rule 86(b)(2)(M) defines a User as any Member                                                                  Exchange believes that providing
                                                                                                             proposal, ABC would be eligible to                     additional opportunities to member and
                                                or Member Organization, Sponsored Participant, or
                                                Authorized Trader that is authorized to access               receive two separate rebate amounts                    member organizations to earn rebates
                                                NYSE Bonds. For purposes of the Liquidity                    based on the performance of each                       would encourage such participants to
                                                provider Incentive Program, a User is a Member or            independent trade desk.                                provide increased displayed liquidity
                                                Member Organization that is authorized to access
                                                NYSE Bonds.
                                                                                                                The Exchange is not proposing any                   on the Exchange for the benefit of all
                                                   6 CUSIP stands for Committee on Uniform                   other change to the manner in which                    trading participants.
                                                Securities Identification Procedures. A CUSIP                rebates are calculated or the level of the                The Exchange believes that the
                                                number identifies most financial instruments,                rebates payable under the Liquidity                    current quoting requirements to qualify
                                                including: Stocks of all registered U.S. and
                                                Canadian companies, commercial paper, and U.S.
                                                                                                             Provider Incentive Program. The                        for the daily rebate, which are based on
                                                government and municipal bonds. The CUSIP                    Exchange notes that to the extent a                    the average spread and average
                                                system—owned by the American Bankers                         member or member organization
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                                                Association and managed by Standard & Poor’s—
                                                                                                                                                                    duration, would continue to apply to
                                                                                                             delineates its activity, the member or                 each Unique User ID under the
                                                facilitates the clearance and settlement process of
                                                securities. See http://www.sec.gov/answers/                                                                         proposal, and therefore would not
                                                cusip.htm.                                                   the Exchange Price List at https://www.nyse.com/       unfairly discriminate between
                                                   7 The Core Bond Trading Session commences at              publicdocs/nyse/markets/nyse/NYSE_Price_
                                                8:00 a.m. ET and concludes at 5:00 p.m. ET. See              List.pdf.                                              customers, issuers, and brokers or
                                                Rule 86(i)(2).                                                 9 A customer may be, for example, a hedge fund
                                                                                                                                                                     10 15   U.S.C. 78f(b).
                                                   8 See Quoting Requirements under NYSE Bonds               that is not a member or member organization and
                                                System, Liquidity Provider Incentive Program, on             therefore unable to access the NYSE Bonds.              11 15   U.S.C. 78f(b)(4), (5).



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                                                                                  Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Notices                                                      28175

                                                dealers because all Users that opt in to                   which the Exchange believes will                        would be consistent with the protection
                                                the Liquidity Provider Incentive                           enhance market quality.                                 of investors and the public interest
                                                Program would be subject to the same                          The Exchange notes that it operates in               because the proposed rule change
                                                requirements. The Exchange further                         a highly competitive market in which                    would allow the Exchange, within 30
                                                believes that the proposed amendment                       market participants can readily favor                   days after filing the proposed rule
                                                is reasonable because it is designed to                    competing venues that are not                           change, to expand the Liquidity
                                                provide an incentive for member                            transparent. In such an environment,                    Provider Incentive Program by allowing
                                                organizations to increase displayed                        the Exchange must continually review,                   Users to identify additional Unique User
                                                liquidity at the Exchange, thereby                         and consider adjusting its fees and                     IDs for purposes of calculating the
                                                increasing traded volume.                                  rebates to remain competitive with other                rebate. The Exchange believes that the
                                                   The Exchange believes the proposed                      exchanges as well as with alternative                   proposed rule change would increase
                                                amendment to the Liquidity Provider                        trading systems and other venues that                   the opportunity for participants to earn
                                                Incentive Program is intended to                           are not required to comply with the                     rebates under the Liquidity Provider
                                                provide additional liquidity to the                        statutory standards applicable to                       Incentive Program and thereby
                                                market and add competition to the                          exchanges. As a result of these                         incentivize member organizations to
                                                existing group of liquidity providers.                     considerations, the Exchange does not                   increase displayed bond liquidity on the
                                                The Exchange believes that by providing                    believe that the proposed change will                   Exchange. The Commission believes the
                                                Users with the ability to earn increased                   impair the ability of member                            waiver of the operative delay is
                                                rebates, the Exchange is rewarding                         organizations or competing order                        consistent with the protection of
                                                aggressive liquidity providers in the                      execution venues to maintain their                      investors and the public interest.
                                                market, and by doing so, the Exchange                      competitive standing in the financial                   Accordingly, the Commission hereby
                                                will encourage the additional utilization                  markets.                                                waives the operative delay and
                                                of, and interaction with, the NYSE and                     C. Self-Regulatory Organization’s                       designates the proposed rule change
                                                provide customers with the premier                         Statement on Comments on the                            operative upon filing.17
                                                venue for price discovery, liquidity, and                                                                             At any time within 60 days of the
                                                                                                           Proposed Rule Change Received From
                                                competitive quotes.                                                                                                filing of the proposed rule change, the
                                                                                                           Members, Participants, or Others
                                                                                                                                                                   Commission summarily may
                                                   Finally, the Exchange believes that                       No written comments were solicited                    temporarily suspend such rule change if
                                                the proposed rule change is equitable                      or received with respect to the proposed                it appears to the Commission that such
                                                and not unfairly discriminatory in that                    rule change.                                            action is necessary or appropriate in the
                                                it would apply uniformly to all Users of
                                                                                                           III. Date of Effectiveness of the                       public interest, for the protection of
                                                the NYSE Bonds system. Each User that
                                                                                                           Proposed Rule Change and Timing for                     investors, or otherwise in furtherance of
                                                is a member or member organization has
                                                                                                           Commission Action                                       the purposes of the Act. If the
                                                the ability to request any number of
                                                                                                                                                                   Commission takes such action, the
                                                Unique User IDs from the Exchange and                         Because the proposed rule change                     Commission shall institute proceedings
                                                each Unique User ID would equally                          does not (i) significantly affect the                   to determine whether the proposed rule
                                                qualify for the rebate under the program.                  protection of investors or the public                   change should be approved or
                                                All similarly situated Users would be                      interest; (ii) impose any significant                   disapproved.
                                                subject to the same fee and rebate                         burden on competition; and (iii) become
                                                structure, and each User would have the                    operative for 30 days from the date on                  IV. Solicitation of Comments
                                                ability to determine the extent to which                   which it was filed, or such shorter time                  Interested persons are invited to
                                                the Exchange’s proposed fee and rebate                     as the Commission may designate, it has                 submit written data, views, and
                                                structure will provide it with an                          become effective pursuant to Section                    arguments concerning the foregoing,
                                                economic incentive to use the NYSE                         19(b)(3)(A) of the Act 13 and Rule 19b–                 including whether the proposed rule
                                                Bonds system, and model its business                       4(f)(6) thereunder.14                                   change is consistent with the Act.
                                                accordingly.                                                  A proposed rule change filed                         Comments may be submitted by any of
                                                                                                           pursuant to Rule 19b–4(f)(6) under the                  the following methods:
                                                B. Self-Regulatory Organization’s                          Act 15 normally does not become
                                                Statement on Burden on Competition                         operative for 30 days after the date of its             Electronic Comments
                                                   In accordance with Section 6(b)(8) of                   filing. However, Rule 19b–4(f)(6)(iii) 16                 • Use the Commission’s Internet
                                                the Act,12 the Exchange believes that the                  permits the Commission to designate a                   comment form (http://www.sec.gov/
                                                proposed rule change would not impose                      shorter time if such action is consistent               rules/sro.shtml); or
                                                any burden on competition that is not                      with the protection of investors and the                  • Send an email to rule-comments@
                                                necessary or appropriate in furtherance                    public interest. The Exchange has asked                 sec.gov. Please include File Number SR–
                                                of the purposes of the Act. Debt                           the Commission to waive the 30-day                      NYSE–2017–27 on the subject line.
                                                securities typically trade in a                            operative delay so that the proposed
                                                                                                           rule change may become operative                        Paper Comments
                                                decentralized OTC dealer market that is
                                                less liquid and transparent than the                       immediately on filing. The Exchange                       • Send paper comments in triplicate
                                                equities markets. The Exchange believes                    states that waiver of the operative delay               to Brent J. Fields, Secretary, Securities
                                                that the proposed change would                                                                                     and Exchange Commission, 100 F Street
                                                increase competition with these OTC                          13 15  U.S.C. 78s(b)(3)(A).                           NE., Washington, DC 20549–1090.
                                                                                                             14 17  CFR 240.19b–4(f)(6). As required under Rule
                                                venues by enabling increased                                                                                       All submissions should refer to File
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                                                                                                           19b–4(f)(6)(iii), the Exchange provided the
                                                participation to engage in bonds                           Commission with written notice of its intent to file    Number SR–NYSE–2017–27. This file
                                                transactions on the Exchange and                           the proposed rule change, along with a brief            number should be included on the
                                                rewarding market participants for                          description and the text of the proposed rule
                                                actively quoting and providing liquidity                   change, at least five business days prior to the date      17 For purposes only of waiving the 30-day
                                                                                                           of filing of the proposed rule change, or such          operative delay, the Commission has also
                                                in the only transparent bond market,                       shorter time as designated by the Commission.           considered the proposed rule’s impact on
                                                                                                             15 17 CFR 240.19b–4(f)(6).
                                                                                                                                                                   efficiency, competition, and capital formation. See
                                                  12 15   U.S.C. 78f(b)(8).                                  16 17 CFR 240.19b–4(f)(6)(iii).                       15 U.S.C. 78c(f).



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                                                28176                          Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Notices

                                                subject line if email is used. To help the              (‘‘SEC’’ or ‘‘Commission’’) the proposed               month representing at least 0.2% of
                                                Commission process and review your                      rule change as described in Items I, II,               Consolidated Volume during the month,
                                                comments more efficiently, please use                   and III below, which Items have been                   through one or more of its Nasdaq
                                                only one method. The Commission will                    prepared by the Exchange. The                          Market Center MPIDs. This $0.0001 per
                                                post all comments on the Commission’s                   Commission is publishing this notice to                share executed credit is provided in
                                                Internet Web site (http://www.sec.gov/                  solicit comments on the proposed rule                  addition to the credits provided for
                                                rules/sro.shtml). Copies of the                         change from interested persons.                        displayed quotes/orders (other than
                                                submission, all subsequent                                                                                     Supplemental Orders or Designated
                                                amendments, all written statements                      I. Self-Regulatory Organization’s                      Retail Orders) that provide liquidity
                                                with respect to the proposed rule                       Statement of the Terms of the Substance                under Rule 7018(a)(2).3 This credit is
                                                change that are filed with the                          of the Proposed Rule Change                            also provided in addition to any rebates
                                                Commission, and all written                                The Exchange proposes to amend the                  that a member qualifies for under the
                                                communications relating to the                          Exchange’s transaction fees at Rule                    NBBO, and QMM programs under Rule
                                                proposed rule change between the                        7018(a)(2) to eliminate a $0.0001 per                  7014. The credit is not additive to DLP
                                                Commission and any person, other than                   share executed credit provided to a                    rebates under Rule 7014 or Designated
                                                those that may be withheld from the                     member for displayed quotes/orders                     Retail Order credits under Rule 7018.
                                                public in accordance with the                           (other than Supplemental Orders or                        The credit, together with an identical
                                                provisions of 5 U.S.C. 552, will be                     Designated Retail Orders) that provide                 credit applicable to Tape B securities,
                                                available for Web site viewing and                      liquidity in securities listed on the New              was adopted to provide incentive to
                                                printing in the Commission’s Public                     York Stock Exchange.                                   market participants to increase the level
                                                Reference Room, 100 F Street NE.,                          The text of the proposed rule change                of liquidity provided to the Exchange, in
                                                Washington, DC 20549 on official                        is available on the Exchange’s Web site                which the Exchange had observed a
                                                business days between the hours of                      at http://nasdaq.cchwallstreet.com, at                 decline in overall volume on the
                                                10:00 a.m. and 3:00 p.m. Copies of such                 the principal office of the Exchange, and              Exchange in Tape A and B securities in
                                                filing also will be available for                       at the Commission’s Public Reference                   comparison to Tape C securities.4 The
                                                inspection and copying at the principal                 Room.                                                  Exchange has not observed a significant
                                                office of the Exchange. All comments                                                                           improvement to the volume in Tape A
                                                received will be posted without change;                 II. Self-Regulatory Organization’s                     securities on the Exchange in relation to
                                                the Commission does not edit personal                   Statement of the Purpose of, and                       the Tape A credit and is therefore
                                                identifying information from                            Statutory Basis for, the Proposed Rule                 proposing to eliminate the credit so that
                                                submissions. You should submit only                     Change                                                 it may explore other incentives to
                                                information that you wish to make                         In its filing with the Commission, the               improve market quality in Tape A
                                                available publicly. All submissions                     Exchange included statements                           securities.
                                                should refer to File Number SR–NYSE–                    concerning the purpose of and basis for                2. Statutory Basis
                                                2017–27, and should be submitted on or                  the proposed rule change and discussed
                                                before July 11, 2017.                                   any comments it received on the                           The Exchange believes that its
                                                                                                        proposed rule change. The text of these                proposal is consistent with Section 6(b)
                                                  For the Commission, by the Division of
                                                Trading and Markets, pursuant to delegated              statements may be examined at the                      of the Act,5 in general, and furthers the
                                                authority.18                                            places specified in Item IV below. The                 objectives of Sections 6(b)(4) and 6(b)(5)
                                                Eduardo A. Aleman,                                      Exchange has prepared summaries, set                   of the Act,6 in particular, in that it
                                                                                                        forth in sections A, B, and C below, of                provides for the equitable allocation of
                                                Assistant Secretary.
                                                                                                        the most significant aspects of such                   reasonable dues, fees and other charges
                                                [FR Doc. 2017–12884 Filed 6–19–17; 8:45 am]
                                                                                                                                                               among members and issuers and other
                                                BILLING CODE 8011–01–P                                  statements.
                                                                                                                                                               persons using any facility, and is not
                                                                                                        A. Self-Regulatory Organization’s                      designed to permit unfair
                                                                                                        Statement of the Purpose of, and                       discrimination between customers,
                                                SECURITIES AND EXCHANGE
                                                                                                        Statutory Basis for, the Proposed Rule                 issuers, brokers, or dealers.
                                                COMMISSION                                                                                                        Elimination of the $0.0001 per share
                                                                                                        Change
                                                [Release No. 34–80928; File No. SR–                                                                            executed credit provided to a member
                                                NASDAQ–2017–056]                                        1. Purpose                                             for displayed quotes/orders (other than
                                                                                                           The purpose of the proposed rule                    Supplemental Orders or Designated
                                                Self-Regulatory Organizations; The                      change is to amend Exchange’s
                                                NASDAQ Stock Market LLC; Notice of                      transaction fees at Rule 7018(a)(2) to                    3 The Exchange also provides a $0.0001 per share

                                                Filing and Immediate Effectiveness of                   eliminate a $0.0001 per share executed                 executed credit with identical criteria applicable to
                                                Proposed Rule Change To Amend the                                                                              Tape B securities. See Rule 7018(a)(3).
                                                                                                        credit provided to a member for                           4 See Securities Exchange Act Release No. 77378
                                                Exchange’s Transaction Fees at Rule                     displayed quotes/orders (other than                    (March 16, 2016), 81 FR 15358 (March 22, 2016)
                                                7018(a)(2)                                              Supplemental Orders or Designated                      (SR–NASDAQ–2016–037). The Exchange has since
                                                                                                        Retail Orders) that provide liquidity in               replaced the qualification criteria required to
                                                June 14, 2017.                                                                                                 receive the Tape B $0.0001 per share executed
                                                   Pursuant to Section 19(b)(1) of the                  Tape A securities. Under Rule 7018(a),                 credit. Specifically, to now qualify for the $0.0001
                                                Securities Exchange Act of 1934                         the Exchange assesses fees for the                     per share executed credit in Tape B securities, a
                                                (‘‘Act’’) 1, and Rule 19b–4 thereunder,2                removal of liquidity and provides                      member must have shares of liquidity provided in
                                                                                                        credits for the provision thereof. The                 securities that are listed on exchanges other than
sradovich on DSK3GMQ082PROD with NOTICES




                                                notice is hereby given that on June 1,                                                                         NASDAQ or NYSE during the month representing
                                                2017, The NASDAQ Stock Market LLC                       Exchange currently provides a $0.0001                  at least 0.06% but less than 0.12% of Consolidated
                                                (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the             per share executed credit to a member                  Volume during the month through one or more of
                                                                                                        for displayed quotes/orders (other than                its Nasdaq Market Center MPIDs. See Securities
                                                Securities and Exchange Commission                                                                             Exchange Act Release No. 78977 (September 29,
                                                                                                        Supplemental Orders or Designated                      2016), 81 FR 69140 (October 5, 2016) (SR–
                                                  18 17 CFR 200.30–3(a)(12).                            Retail Orders) that provide liquidity if               NASDAQ–2016–132).
                                                  1 15 U.S.C. 78s(b)(1).                                the member has shares of liquidity                        5 15 U.S.C. 78f(b).
                                                  2 17 CFR 240.19b–4.                                   provided in all securities during the                     6 15 U.S.C. 78f(b)(4) and (5).




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Document Created: 2017-06-20 02:21:33
Document Modified: 2017-06-20 02:21:33
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 Citation82 FR 28173 

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