82_FR_43235 82 FR 43059 - Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Change To Amend Its Price List

82 FR 43059 - Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Change To Amend Its Price List

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 176 (September 13, 2017)

Page Range43059-43061
FR Document2017-19376

Federal Register, Volume 82 Issue 176 (Wednesday, September 13, 2017)
[Federal Register Volume 82, Number 176 (Wednesday, September 13, 2017)]
[Notices]
[Pages 43059-43061]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19376]



[[Page 43059]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81547; File No. SR-NYSEAMER-2017-11]


Self-Regulatory Organizations; NYSE American LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Change To Amend Its 
Price List

September 7, 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 August 29, 2017, NYSE American LLC (the ``Exchange'' or 
``NYSE American'') filed with the Securities and Exchange Commission 
(the ``Commission'') the proposed rule change as described in Items I, 
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend its Price List to (1) delete fees 
and credits that are not applicable to trading on the Pillar trading 
platform, and (2) prorate Port Fees to the number of trading days in a 
billing month that a port is utilized. The Exchange proposes to 
implement the rule change on September 1, 2017. The proposed change is 
available on the Exchange's Web site at www.nyse.com, at the principal 
office of the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of those statements may be examined at 
the places specified in Item IV below. The Exchange has prepared 
summaries, set forth in sections A, B, and C below, of the most 
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend its Price List to (1) delete fees 
and credits that are not applicable to trading on the Pillar trading 
platform, and (2) prorate Port Fees to the number of trading days in a 
billing month that a port is utilized.
    The Exchange proposes to implement the rule change on September 1, 
2017.
Deletion of Non-Pillar Fees and Credits
    To effect its transition of cash equities trading to Pillar, the 
Exchange amended its Price List to adopt a new pricing model for 
trading on the Pillar platform.\4\ Because specified transaction fees 
and credits applicable to trading cash equities on a Floor-based 
trading platform are not applicable to trading on Pillar, the Exchange 
designated certain fees and credits with the following preamble: ``The 
following Fees and Credits are not Applicable to Trading on the Pillar 
Trading Platform.'' \5\
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    \4\ See Securities Exchange Act Release Nos. [sic] 81228 (July 
27, 2017), 82 FR 36012 (August 2, 2017) (SR-NYSEMKT-2017-43).
    \5\ See id., 82 FR at 36012-13.
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    On July 24, 2017, the Exchange transitioned all cash equities 
trading to the Pillar platform. Because transaction fees and credits 
that are not applicable to trading on the Pillar trading platform are 
now obsolete, the Exchange proposes to delete the following fees and 
credits in their entirety: \6\
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    \6\ The Exchange proposes to delete these fees and credits in 
their entirety, including (1) the section headings of all of credits 
and fees being deleted, (2) all associated footnotes, and (3) the 
recently added preamble.
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     Equity Transaction Fees and Credits for Listed Securities 
and the following subheadings:
    [cir] Transactions in Securities with a Per Share Price of $1.00 or 
More;
    [cir] Transactions in Securities with a Per Share Price Below 
$1.00;
    [cir] Fees and Credits Applicable to Designated Market Makers on 
Transactions in Securities with a Per Share Price of $1.00 or more;
    [cir] Fees and Credits Applicable to Designated Market Makers on 
Transactions in Securities with a Per Share Price below $1.00;
    [cir] Credits Applicable to Supplemental Liquidity Providers; and
    [cir] Fees and Credits Applicable to Executions in the Retail 
Liquidity Program.
     Transaction Fees and Credits For Non-ETP Securities Traded 
Pursuant to Unlisted Trading Privileges and the following subheadings:
    [cir] Fees and Credits applicable to Market Participants;
    [cir] Fees and Credits applicable to Designated Market Makers 
(DMMs);
    [cir] Fees and Credits applicable to Supplemental Liquidity 
Providers (SLPs); and
    [cir] Fees and Credits Applicable to Executions in the Retail 
Liquidity Program.
     Transaction Fees and Credits For ETPs Traded Pursuant to 
Unlisted Trading Privileges and the following subheadings:
    [cir] Fees and Credits applicable to Market Participants;
    [cir] Fees and Credits applicable to DMMs;
    [cir] Fees and Credits applicable to SLPs;
    [cir] Fees and Credits Applicable to Executions in the Retail 
Liquidity Program; and
    [cir] Crossing Sessions
     Port Fees.
* * * * *
    The Exchange proposes to delete the following additional fees as 
being inapplicable to trading on Pillar:
    [cir] Risk Management Gateway (``RMG'');
    [cir] Equipment fees;
    [cir] Radio Paging Service;
    [cir] Financial Vendor Services;
    [cir] Cellular Phones;
    [cir] Booth Telephone System;
    [cir] Service Charges; and
    [cir] System Processing Fees, comprising fees for the Online 
Comparison System (OCS) and Merged Order Report.
    The RMG is no longer supported in Pillar and the various equipment 
fees relate to trading cash equities on a Floor-based trading platform, 
and are thus obsolete. Similarly, the Exchange no longer utilizes OCS 
or makes Merged Order Reports available.
    The Exchange also proposes to delete footnotes 17-19 designated as 
``Reserved'' in the ``CRD Fees for Member Organizations that are not 
FINRA Members'' section of the Price List. The Exchange believes it 
would reduce confusion and promote transparency to delete footnotes 
that do not have any substantive content.
    The Exchange also proposes a technical, non-substantive amendment 
to replace the heading ``Pillar Trading Platform'' with ``NYSE American 
Trading Fees and Credits.''
Proration of Port Fees
    Until October 1, 2017, the Exchange is not charging market 
participants for the use of order/quote entry ports or for the

[[Page 43060]]

use of drop copy ports.\7\ Thereafter, a $250 per port per month fee 
will apply for order/quote entry and drop copy ports.
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    \7\ Order/quote entry ports provide connectivity to the 
Exchange's trading systems for entry of orders and/or quotes. Drop 
copy ports allow for the receipt of ``drop copies'' of order or 
transaction information.
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    The Exchange proposes to amend the Price List to add a footnote to 
the heading of Section V (Port Fees) providing that port fees for 
order/quote entry and drop copies will be prorated to the number of 
trading days in a billing month.
* * * * *
    The proposed changes are not otherwise intended to address any 
other issues, and the Exchange is not aware of any problems that member 
organizations would have in complying with the proposed change.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the 
Securities Exchange Act of 1934 (the ``Act''),\8\ in general, and 
furthers the objectives of Section 6(b)(4) \9\ of the Act, 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. The Exchange also 
believes that the proposed rule change is consistent with Section 
6(b)(5) of the Act,\10\ in particular in that it is designed to promote 
just and equitable principles of trade, to foster cooperation and 
coordination with persons engaged in facilitating transactions in 
securities, to remove impediments to, and perfect the mechanism of, a 
free and open market and a national market system and, in general, to 
protect investors and the public interest.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that its proposed rule change to eliminate 
fees and credits that are not applicable to trading on Pillar would 
remove impediments to and perfect the mechanism of a free and open 
market and a national market system because it would eliminate fees and 
credits that are now obsolete. Eliminating obsolete fees and credits 
would reduce potential confusion and add transparency and clarity to 
the Exchange's rules, thereby ensuring that members, regulators, and 
the public can more easily navigate and understand the Exchange's 
rulebook.
    The Exchange also believes that prorating the fees for order/quote 
entry and drop copy ports is reasonable because it would provide a 
nexus between the Exchange's charge for use of its ports and the number 
of trading days in a billing month that the market participant utilizes 
the applicable port. The Exchange believes that the proposed prorating 
of monthly port fees rebate is equitable and not unfairly 
discriminatory because it directly ties the monthly port fees to the 
number of trading days in that billing month. The Exchange also 
believes that the proposed prorating is equitable and not unfairly 
discriminatory because all market participants utilizing ports to 
connect to the Exchange would be treated the same.

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

    In accordance with Section 6(b)(8) of the Act,\11\ 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. The proposed rule change is not intended to 
address any competitive issues, but rather it is designed to eliminate 
obsolete fees and credits.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    Finally, the Exchange notes that it operates in a highly 
competitive market in which market participants can readily favor 
competing venues if they deem fee levels at a particular venue to be 
excessive or rebate opportunities available at other venues to be more 
favorable. In such an environment, the Exchange must continually adjust 
its fees and rebates to remain competitive with other exchanges and 
with alternative trading systems that have been exempted from 
compliance with the statutory standards applicable to exchanges. 
Because competitors are free to modify their own fees and credits in 
response, and because market participants may readily adjust their 
order routing practices, the Exchange believes that the degree to which 
fee changes in this market may impose any burden on competition is 
extremely limited. As a result of all of these considerations, the 
Exchange does not believe that the proposed changes 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

    The foregoing rule change is effective upon filing pursuant to 
Section 19(b)(3)(A) \12\ of the Act and subparagraph (f)(2) of Rule 
19b-4 \13\ thereunder, because it establishes a due, fee, or other 
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings under 
Section 19(b)(2)(B) \14\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSEAMER-2017-11 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-NYSEAMER-2017-11. 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

[[Page 43061]]

Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the 
submission, all subsequent amendments, all written statements with 
respect to the proposed rule change that are filed with the Commission, 
and all written communications relating to the proposed rule change 
between the Commission and any person, other than those that may be 
withheld from the public in accordance with the provisions of 5 U.S.C. 
552, will be available for Web site viewing and printing in the 
Commission's Public Reference Room, 100 F Street NE., Washington, DC 
20549 on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change; the Commission does not edit 
personal identifying information from submissions. You should submit 
only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NYSEAMER-2017-11 and should 
be submitted on or before October 4, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
Eduardo A. Aleman,
Assistant Secretary.
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    \15\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2017-19376 Filed 9-12-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                           Federal Register / Vol. 82, No. 176 / Wednesday, September 13, 2017 / Notices                                           43059

                                                SECURITIES AND EXCHANGE                                  A. Self-Regulatory Organization’s                           Æ Fees and Credits applicable to
                                                COMMISSION                                               Statement of the Purpose of, and the                     Market Participants;
                                                                                                         Statutory Basis for, the Proposed Rule                      Æ Fees and Credits applicable to
                                                [Release No. 34–81547; File No. SR–                      Change                                                   Designated Market Makers (DMMs);
                                                NYSEAMER–2017–11]                                        1. Purpose                                                  Æ Fees and Credits applicable to
                                                                                                                                                                  Supplemental Liquidity Providers
                                                                                                            The Exchange proposes to amend its                    (SLPs); and
                                                Self-Regulatory Organizations; NYSE
                                                                                                         Price List to (1) delete fees and credits
                                                American LLC; Notice of Filing and                                                                                   Æ Fees and Credits Applicable to
                                                                                                         that are not applicable to trading on the
                                                Immediate Effectiveness of Proposed                                                                               Executions in the Retail Liquidity
                                                                                                         Pillar trading platform, and (2) prorate
                                                Change To Amend Its Price List                                                                                    Program.
                                                                                                         Port Fees to the number of trading days
                                                                                                         in a billing month that a port is utilized.                 • Transaction Fees and Credits For
                                                September 7, 2017.                                                                                                ETPs Traded Pursuant to Unlisted
                                                                                                            The Exchange proposes to implement
                                                   Pursuant to Section 19(b)(1) 1 of the                 the rule change on September 1, 2017.                    Trading Privileges and the following
                                                Securities Exchange Act of 1934 (the                                                                              subheadings:
                                                ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                   Deletion of Non-Pillar Fees and Credits                     Æ Fees and Credits applicable to
                                                notice is hereby given that, on August                      To effect its transition of cash equities             Market Participants;
                                                29, 2017, NYSE American LLC (the                         trading to Pillar, the Exchange amended                     Æ Fees and Credits applicable to
                                                ‘‘Exchange’’ or ‘‘NYSE American’’) filed                 its Price List to adopt a new pricing                    DMMs;
                                                with the Securities and Exchange                         model for trading on the Pillar                             Æ Fees and Credits applicable to
                                                Commission (the ‘‘Commission’’) the                      platform.4 Because specified transaction                 SLPs;
                                                proposed rule change as described in                     fees and credits applicable to trading                      Æ Fees and Credits Applicable to
                                                                                                         cash equities on a Floor-based trading                   Executions in the Retail Liquidity
                                                Items I, II, and III below, which Items
                                                                                                         platform are not applicable to trading on                Program; and
                                                have been prepared by the self-
                                                                                                         Pillar, the Exchange designated certain                     Æ Crossing Sessions
                                                regulatory organization. The
                                                                                                         fees and credits with the following
                                                Commission is publishing this notice to                                                                              • Port Fees.
                                                                                                         preamble: ‘‘The following Fees and
                                                solicit comments on the proposed rule                    Credits are not Applicable to Trading on                 *     *      *    *     *
                                                change from interested persons.                          the Pillar Trading Platform.’’ 5                            The Exchange proposes to delete the
                                                                                                            On July 24, 2017, the Exchange                        following additional fees as being
                                                I. Self-Regulatory Organization’s
                                                                                                         transitioned all cash equities trading to                inapplicable to trading on Pillar:
                                                Statement of the Terms of Substance of
                                                                                                         the Pillar platform. Because transaction                    Æ Risk Management Gateway
                                                the Proposed Rule Change
                                                                                                         fees and credits that are not applicable                 (‘‘RMG’’);
                                                   The Exchange proposes to amend its                    to trading on the Pillar trading platform                   Æ Equipment fees;
                                                Price List to (1) delete fees and credits                are now obsolete, the Exchange                              Æ Radio Paging Service;
                                                that are not applicable to trading on the                proposes to delete the following fees                       Æ Financial Vendor Services;
                                                Pillar trading platform, and (2) prorate                 and credits in their entirety: 6                            Æ Cellular Phones;
                                                Port Fees to the number of trading days                     • Equity Transaction Fees and Credits                    Æ Booth Telephone System;
                                                in a billing month that a port is utilized.              for Listed Securities and the following
                                                                                                                                                                     Æ Service Charges; and
                                                The Exchange proposes to implement                       subheadings:
                                                                                                            Æ Transactions in Securities with a                      Æ System Processing Fees, comprising
                                                the rule change on September 1, 2017.                    Per Share Price of $1.00 or More;                        fees for the Online Comparison System
                                                The proposed change is available on the                     Æ Transactions in Securities with a                   (OCS) and Merged Order Report.
                                                Exchange’s Web site at www.nyse.com,                     Per Share Price Below $1.00;                                The RMG is no longer supported in
                                                at the principal office of the Exchange,                    Æ Fees and Credits Applicable to                      Pillar and the various equipment fees
                                                and at the Commission’s Public                           Designated Market Makers on                              relate to trading cash equities on a
                                                Reference Room.                                          Transactions in Securities with a Per                    Floor-based trading platform, and are
                                                                                                         Share Price of $1.00 or more;                            thus obsolete. Similarly, the Exchange
                                                II. Self-Regulatory Organization’s                          Æ Fees and Credits Applicable to                      no longer utilizes OCS or makes Merged
                                                Statement of the Purpose of, and                         Designated Market Makers on                              Order Reports available.
                                                Statutory Basis for, the Proposed Rule                   Transactions in Securities with a Per                       The Exchange also proposes to delete
                                                Change                                                   Share Price below $1.00;                                 footnotes 17–19 designated as
                                                                                                            Æ Credits Applicable to Supplemental                  ‘‘Reserved’’ in the ‘‘CRD Fees for
                                                  In its filing with the Commission, the
                                                                                                         Liquidity Providers; and                                 Member Organizations that are not
                                                self-regulatory organization included                       Æ Fees and Credits Applicable to                      FINRA Members’’ section of the Price
                                                statements concerning the purpose of,                    Executions in the Retail Liquidity                       List. The Exchange believes it would
                                                and basis for, the proposed rule change                  Program.                                                 reduce confusion and promote
                                                and discussed any comments it received                      • Transaction Fees and Credits For                    transparency to delete footnotes that do
                                                on the proposed rule change. The text                    Non-ETP Securities Traded Pursuant to                    not have any substantive content.
                                                of those statements may be examined at                   Unlisted Trading Privileges and the                         The Exchange also proposes a
                                                the places specified in Item IV below.                   following subheadings:                                   technical, non-substantive amendment
                                                The Exchange has prepared summaries,                                                                              to replace the heading ‘‘Pillar Trading
sradovich on DSK3GMQ082PROD with NOTICES




                                                set forth in sections A, B, and C below,                    4 See Securities Exchange Act Release Nos. [sic]
                                                                                                                                                                  Platform’’ with ‘‘NYSE American
                                                of the most significant parts of such                    81228 (July 27, 2017), 82 FR 36012 (August 2, 2017)
                                                                                                         (SR–NYSEMKT–2017–43).                                    Trading Fees and Credits.’’
                                                statements.                                                 5 See id., 82 FR at 36012–13.
                                                                                                            6 The Exchange proposes to delete these fees and
                                                                                                                                                                  Proration of Port Fees
                                                  1 15
                                                                                                         credits in their entirety, including (1) the section       Until October 1, 2017, the Exchange is
                                                       U.S.C. 78s(b)(1).
                                                                                                         headings of all of credits and fees being deleted, (2)
                                                  2 15 U.S.C. 78a.                                       all associated footnotes, and (3) the recently added
                                                                                                                                                                  not charging market participants for the
                                                  3 17 CFR 240.19b–4.                                    preamble.                                                use of order/quote entry ports or for the


                                           VerDate Sep<11>2014    17:34 Sep 12, 2017   Jkt 241001   PO 00000   Frm 00091   Fmt 4703   Sfmt 4703   E:\FR\FM\13SEN1.SGM   13SEN1


                                                43060                   Federal Register / Vol. 82, No. 176 / Wednesday, September 13, 2017 / Notices

                                                use of drop copy ports.7 Thereafter, a                     The Exchange also believes that                      C. Self-Regulatory Organization’s
                                                $250 per port per month fee will apply                  prorating the fees for order/quote entry                Statement on Comments on the
                                                for order/quote entry and drop copy                     and drop copy ports is reasonable                       Proposed Rule Change Received From
                                                ports.                                                  because it would provide a nexus                        Members, Participants, or Others
                                                   The Exchange proposes to amend the                   between the Exchange’s charge for use                     No written comments were solicited
                                                Price List to add a footnote to the                     of its ports and the number of trading                  or received with respect to the proposed
                                                heading of Section V (Port Fees)                        days in a billing month that the market                 rule change.
                                                providing that port fees for order/quote                participant utilizes the applicable port.
                                                entry and drop copies will be prorated                                                                          III. Date of Effectiveness of the
                                                                                                        The Exchange believes that the
                                                to the number of trading days in a                                                                              Proposed Rule Change and Timing for
                                                                                                        proposed prorating of monthly port fees                 Commission Action
                                                billing month.                                          rebate is equitable and not unfairly
                                                *     *     *    *      *                               discriminatory because it directly ties                    The foregoing rule change is effective
                                                   The proposed changes are not                         the monthly port fees to the number of                  upon filing pursuant to Section
                                                otherwise intended to address any other                 trading days in that billing month. The                 19(b)(3)(A) 12 of the Act and
                                                issues, and the Exchange is not aware of                                                                        subparagraph (f)(2) of Rule 19b–4 13
                                                                                                        Exchange also believes that the
                                                any problems that member                                                                                        thereunder, because it establishes a due,
                                                                                                        proposed prorating is equitable and not
                                                organizations would have in complying                                                                           fee, or other charge imposed by the
                                                                                                        unfairly discriminatory because all                     Exchange.
                                                with the proposed change.                               market participants utilizing ports to                     At any time within 60 days of the
                                                2. Statutory Basis                                      connect to the Exchange would be                        filing of such proposed rule change, the
                                                   The proposed rule change is                          treated the same.                                       Commission summarily may
                                                consistent with Section 6(b) of the                     B. Self-Regulatory Organization’s                       temporarily suspend such rule change if
                                                Securities Exchange Act of 1934 (the                    Statement on Burden on Competition                      it appears to the Commission that such
                                                ‘‘Act’’),8 in general, and furthers the                                                                         action is necessary or appropriate in the
                                                objectives of Section 6(b)(4) 9 of the Act,                In accordance with Section 6(b)(8) of                public interest, for the protection of
                                                in particular, because it provides for the              the Act,11 the Exchange believes that the               investors, or otherwise in furtherance of
                                                equitable allocation of reasonable dues,                proposed rule change would not impose                   the purposes of the Act. If the
                                                fees, and other charges among its                       any burden on competition that is not                   Commission takes such action, the
                                                members, issuers and other persons                      necessary or appropriate in furtherance                 Commission shall institute proceedings
                                                using its facilities and does not unfairly              of the purposes of the Act. The                         under Section 19(b)(2)(B) 14 of the Act to
                                                discriminate between customers,                         proposed rule change is not intended to                 determine whether the proposed rule
                                                issuers, brokers or dealers. The                        address any competitive issues, but                     change should be approved or
                                                Exchange also believes that the                         rather it is designed to eliminate                      disapproved.
                                                proposed rule change is consistent with                 obsolete fees and credits.                              IV. Solicitation of Comments
                                                Section 6(b)(5) of the Act,10 in particular
                                                in that it is designed to promote just and                 Finally, the Exchange notes that it                    Interested persons are invited to
                                                equitable principles of trade, to foster                operates in a highly competitive market                 submit written data, views, and
                                                cooperation and coordination with                       in which market participants can                        arguments concerning the foregoing,
                                                persons engaged in facilitating                         readily favor competing venues if they                  including whether the proposed rule
                                                transactions in securities, to remove                   deem fee levels at a particular venue to                change is consistent with the Act.
                                                impediments to, and perfect the                         be excessive or rebate opportunities                    Comments may be submitted by any of
                                                mechanism of, a free and open market                    available at other venues to be more                    the following methods:
                                                and a national market system and, in                    favorable. In such an environment, the                  Electronic Comments
                                                general, to protect investors and the                   Exchange must continually adjust its
                                                                                                                                                                   • Use the Commission’s Internet
                                                public interest.                                        fees and rebates to remain competitive
                                                                                                                                                                comment form (http://www.sec.gov/
                                                   The Exchange believes that its                       with other exchanges and with                           rules/sro.shtml); or
                                                proposed rule change to eliminate fees                  alternative trading systems that have                      • Send an email to rule-comments@
                                                and credits that are not applicable to                  been exempted from compliance with                      sec.gov. Please include File Number SR–
                                                trading on Pillar would remove                          the statutory standards applicable to                   NYSEAMER–2017–11 on the subject
                                                impediments to and perfect the                          exchanges. Because competitors are free                 line.
                                                mechanism of a free and open market                     to modify their own fees and credits in
                                                and a national market system because it                 response, and because market                            Paper Comments
                                                would eliminate fees and credits that                   participants may readily adjust their                      • Send paper comments in triplicate
                                                are now obsolete. Eliminating obsolete                  order routing practices, the Exchange                   to Brent J. Fields, Secretary, Securities
                                                fees and credits would reduce potential                 believes that the degree to which fee                   and Exchange Commission, 100 F Street
                                                confusion and add transparency and                      changes in this market may impose any                   NE., Washington, DC 20549–1090.
                                                clarity to the Exchange’s rules, thereby                burden on competition is extremely                      All submissions should refer to File
                                                ensuring that members, regulators, and                                                                          Number SR–NYSEAMER–2017–11. This
                                                                                                        limited. As a result of all of these
                                                the public can more easily navigate and                                                                         file number should be included on the
                                                                                                        considerations, the Exchange does not
                                                understand the Exchange’s rulebook.                                                                             subject line if email is used. To help the
                                                                                                        believe that the proposed changes will
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        impair the ability of member                            Commission process and review your
                                                  7 Order/quote entry ports provide connectivity to
                                                                                                        organizations or competing order                        comments more efficiently, please use
                                                the Exchange’s trading systems for entry of orders
                                                and/or quotes. Drop copy ports allow for the receipt    execution venues to maintain their                      only one method. The Commission will
                                                of ‘‘drop copies’’ of order or transaction                                                                      post all comments on the Commission’s
                                                                                                        competitive standing in the financial
                                                information.
                                                  8 15 U.S.C. 78f(b).
                                                                                                        markets.                                                  12 15 U.S.C. 78s(b)(3)(A).
                                                  9 15 U.S.C. 78f(b)(4).                                                                                          13 17 CFR 240.19b–4(f)(2).
                                                  10 15 U.S.C. 78f(b)(5).                                 11 15   U.S.C. 78f(b)(8).                               14 15 U.S.C. 78s(b)(2)(B).




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                                                                         Federal Register / Vol. 82, No. 176 / Wednesday, September 13, 2017 / Notices                                                        43061

                                                Internet Web site (http://www.sec.gov/                  the Federal Register on July 31, 2017.3                   proposes in the Proposed Rule Change
                                                rules/sro.shtml). Copies of the                         The Commission did not receive any                        to expand the application of the FIS
                                                submission, all subsequent                              comments on the Proposed Rule                             Charge to all Members, regardless of a
                                                amendments, all written statements                      Change. For the reasons discussed                         Member’s Watch List status, but still
                                                with respect to the proposed rule                       below, the Commission approves the                        maintain a higher FIS Charge for
                                                change that are filed with the                          Proposed Rule Change.                                     Members that present a greater credit
                                                Commission, and all written                             I. Description of the Proposed Rule                       risk to NSCC, such as Members on the
                                                communications relating to the                          Change                                                    Watch List.9
                                                proposed rule change between the                                                                                     Currently, in calculating a Watch List
                                                Commission and any person, other than                      The Proposed Rule Change is a                          Member’s overall margin charge (i.e., a
                                                those that may be withheld from the                     proposal by NSCC to further address                       Watch List Member’s required deposit
                                                public in accordance with the                           specific wrong-way risk 4 that is present                 to NSCC’s clearing fund), NSCC
                                                provisions of 5 U.S.C. 552, will be                     when NSCC acts as central counterparty                    excludes the Member’s net, unsettled
                                                available for Web site viewing and                      to a transaction with an NSCC member                      long position in family-issued securities
                                                printing in the Commission’s Public                     (‘‘Member’’) where the underlying                         from the volatility component of the
                                                Reference Room, 100 F Street NE.,                       securities are securities issued by such                  margin calculation (‘‘VaR Charge’’).10
                                                Washington, DC 20549 on official                        Member or an affiliate of such Member                     Instead, for such unsettled long
                                                business days between the hours of                      (‘‘family-issued securities’’).5 Currently,               positions, NSCC calculates the required
                                                10:00 a.m. and 3:00 p.m. Copies of the                  NSCC applies a targeted margin charge                     margin (i.e., the FIS Charge) by
                                                filing also will be available for                       to address the specific wrong-way risk                    multiplying the position value by a set
                                                inspection and copying at the principal                 of family-issued securities transactions                  percentage, which is determined based
                                                office of the Exchange. All comments                    (‘‘FIS Charge’’) where the Member is on                   on a Member’s rating on NSCC’s
                                                received will be posted without change;                 NSCC’s Watch List.6 NSCC believes that                    internal credit risk rating matrix.11
                                                the Commission does not edit personal                   Members on the Watch List present a                       NSCC applies this separate margin
                                                identifying information from                            higher credit risk (i.e., a greater risk of               calculation to deal with specific wrong-
                                                submissions. You should submit only                     defaulting on their settlement                            way risk that arises from these positions
                                                information that you wish to make                       obligations), compared to Members not                     because NSCC has to liquidate the
                                                available publicly. All submissions                     on the Watch List.7 As such, the family-                  unsettled family-issued security long
                                                should refer to File Number SR–                         issued securities of Members on the                       positions in the Member’s portfolio to
                                                                                                        Watch List currently receive a FIS
                                                NYSEAMER–2017–11 and should be                                                                                    manage the default.12 Given that the
                                                                                                        Charge because of the increased credit
                                                submitted on or before October 4, 2017.                                                                           Member’s default would likely
                                                                                                        risk presented by such Members.8 As
                                                  For the Commission, by the Division of                                                                          adversely affect NSCC’s ability to
                                                                                                        described in detail below, NSCC
                                                Trading and Markets, pursuant to delegated                                                                        liquidate such positions at full value
                                                authority.15                                               3 Securities Exchange Act Release No. 81203 (July
                                                                                                                                                                  (because the value of the family-issued
                                                Eduardo A. Aleman,                                      25, 2017), 82 FR 35563 (July 31, 2017) (SR–NSCC–          securities will decline in response to the
                                                Assistant Secretary.                                    2017–010) (‘‘Notice’’). NSCC also filed a related         Member’s default), NSCC applies the
                                                                                                        advance notice with the Commission pursuant to            FIS Charge to try to address the risk of
                                                [FR Doc. 2017–19376 Filed 9–12–17; 8:45 am]             Section 806(e)(1) of the Payment, Clearing, and
                                                                                                        Settlement Supervision Act of 2010 and Rule 19b–
                                                                                                                                                                  a shortfall.13 According to NSCC, the
                                                BILLING CODE 8011–01–P
                                                                                                        4(n)(1) under the Act. 15 U.S.C. 5465(e)(1) and 17        FIS Charge constitutes a more
                                                                                                        CFR 240.19b–4(n)(1). The advance notice was               conservative approach to collecting
                                                                                                        published in the Federal Register on August 2,            margin on family-issued security
                                                SECURITIES AND EXCHANGE                                 2017. Securities Exchange Act Release No. 81286
                                                COMMISSION                                              (August 2, 2017), 82 FR 37141 (August 8, 2017)
                                                                                                                                                                  positions than what may be achieved by
                                                                                                        (SR–NSCC–2017–804). The Commission did not                applying the VaR Charge, which does
                                                                                                        receive any comments on that proposal.                    not recognize the relationship between
                                                [Release No. 34–81550; File No. SR–NSCC–                   4 Specific wrong-way risk is the risk that an
                                                                                                                                                                  the Member and the family-issued
                                                2017–010]                                               exposure to a counterparty is highly likely to
                                                                                                        increase when the creditworthiness of that
                                                                                                                                                                  securities.14
                                                Self-Regulatory Organizations;                          counterparty is deteriorating. See Principles for            Although the risk of default by
                                                National Securities Clearing                            financial market infrastructures, issued by the           Members that are not on the Watch List
                                                                                                        Committee on Payment and Settlement Systems and           is lower than Members on the Watch
                                                Corporation; Order Approving                            the Technical Committee of the International
                                                Proposed Rule Change To Expand the                      Organization of Securities Commissions 47 n.65
                                                                                                                                                                    9 Id.
                                                Application of the Family-Issued                        (April 2012), available at http://www.bis.org/publ/
                                                                                                                                                                    10 Id.
                                                Securities Charge                                       cpss101a.pdf.
                                                                                                           5 Notice, 82 at 35563–64. As part of this proposal,       11 Id. More specifically, fixed-income securities

                                                                                                        NSCC proposes to define in its rules that, for a          that are family-issued securities are charged a rate
                                                September 7, 2017.
                                                                                                        given Member, a family-issued security is a security      of no less than 80 percent for firms that are rated
                                                   On July 10, 2017, National Securities                that was issued by such Member or an affiliate of         6 or 7 on the credit risk rating matrix, and no less
                                                                                                        such Member. Notice, 82 at 35563.                         than 40 percent for firms that are rated 5 on the
                                                Clearing Corporation (‘‘NSCC’’) filed                      6 Notice, 82 at 35563. As part of its ongoing          credit risk rating matrix. Equity securities that are
                                                with the Securities and Exchange                        monitoring of its membership, NSCC utilizes an            family-issued securities are charged a rate of 100
                                                Commission (‘‘Commission’’) proposed                    internal credit risk rating matrix to rate its risk       percent for firms that are rated 6 or 7 on the credit
                                                rule change SR–NSCC–2017–010                            exposures to its Members based on a scale from 1          risk rating matrix, and no less than 50 percent for
                                                                                                        (the strongest) to 7 (the weakest). Members that fall     firms that are rated 5 on the credit risk rating
                                                (‘‘Proposed Rule Change’’) pursuant to                                                                            matrix. See Section I(B)(1) of Procedure XV of
                                                                                                        within the weakest three rating categories (i.e., 5, 6,
sradovich on DSK3GMQ082PROD with NOTICES




                                                Section 19(b)(1) of the Securities                      and 7) are placed on NSCC’s ‘‘Watch List’’ and, as        NSCC’s Rules, available at http://dtcc.com/∼/
                                                Exchange Act of 1934 (‘‘Act’’) 1 and Rule               provided under NSCC’s Rules and Procedures                media/Files/Downloads/legal/rules/nscc_rules.pdf.
                                                19b–4 thereunder.2 The Proposed Rule                    (‘‘Rules’’), may be subject to enhanced surveillance         12 Notice, 82 at 35564. In a default scenario, NSCC

                                                Change was published for comment in                     or additional margin charges. See Section 4 of Rule       would receive the family-issued securities from a
                                                                                                        2B and Section I(B)(1) of Procedure XV of NSCC’s          Member’s guaranteed long transactions and would
                                                                                                        Rules, available at http://dtcc.com/∼/media/Files/        have to liquidate the holding to unwind NSCC’s
                                                  15 17 CFR 200.30–3(a)(12).                            Downloads/legal/rules/nscc_rules.pdf.                     position. Id.
                                                  1 15 U.S.C. 78s(b)(1).                                   7 Notice, 82 at 35564.                                    13 Id.
                                                  2 17 CFR 240.19b–4.                                      8 Id.                                                     14 Id.




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Document Created: 2017-09-13 00:09:12
Document Modified: 2017-09-13 00:09:12
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 43059 

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