82_FR_61027 82 FR 60782 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its Price List To Adopt a Rebate for the NYSE BondsSM

82 FR 60782 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its Price List To Adopt a Rebate for the NYSE BondsSM

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 245 (December 22, 2017)

Page Range60782-60784
FR Document2017-27561

Federal Register, Volume 82 Issue 245 (Friday, December 22, 2017)
[Federal Register Volume 82, Number 245 (Friday, December 22, 2017)]
[Notices]
[Pages 60782-60784]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27561]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82343; File No. SR-NYSE-2017-68]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Amend Its Price List To Adopt a Rebate for the NYSE Bonds\SM\ System

December 18, 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 December 14, 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, 
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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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 adopt a rebate for 
the NYSE Bonds\SM\ system. The proposed rule change is available on the 
Exchange's website 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 provide a rebate 
for the NYSE Bonds system.\4\
---------------------------------------------------------------------------

    \4\ The Exchange originally filed to amend the Fee Schedule on 
December 1, 2017 (SR-NYSE-2017-65) and withdrew such filing on 
December 14, 2017.
---------------------------------------------------------------------------

    The Exchange currently does not charge any execution fee for orders 
in bonds that take liquidity from the NYSE Bonds Book. For orders in 
bonds that provide liquidity, the Exchange currently provides a rebate 
of $0.05 per bond, with a maximum rebate of $50 per execution, for bond 
liquidity providers that meet the requirements of Rule 88.\5\ The 
Exchange also currently provides rebates under the Liquidity Provider 
Incentive Program \6\ pursuant to which the Exchange pays a daily 
rebate to a User \7\ that is a Member or Member Organization based on 
the number of Qualifying CUSIPs on the NYSE Bonds Book for which a 
Unique User \8\ meets prescribed quoting requirements. The Exchange is 
not proposing any change to the bond liquidity provider rebate

[[Page 60783]]

program or the Liquidity Provider Incentive Program.
---------------------------------------------------------------------------

    \5\ There are currently no bond liquidity providers who meet the 
requirements of Rule 88 and therefore no rebates are currently 
provided under the program.
    \6\ 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).
    \7\ 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.
    \8\ For purposes of the Liquidity Provider Incentive Program, 
the term `Unique User' means a User, a trading desk of a User, or a 
customer 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. See Securities 
Exchange Act Release No. 80934 (June 15, 2017), 82 FR 28173 (June 
20, 2017) (SR-NYSE-2017-27).
---------------------------------------------------------------------------

    The Exchange proposes to adopt the Agency Order Incentive Program. 
As proposed, a monthly rebate of $4,000 would be payable to a User that 
submits an average of 400 resting limit orders of any size per trading 
day \9\ during the month and that are submitted as Agency Orders by the 
User. For purposes of the proposed Agency Order Incentive Program, an 
Agency Order is any order submitted by a User that it represents as 
agent on NYSE Bonds. For example, assume a User submits 10,000 orders 
during January 2018, which has 21 trading days. Of the 10,000 orders, 
if 8,500 orders are resting limit orders that are represented as agent 
by the User, the average for the purposes of the proposed rebate would 
be 405 orders per trading day (8,500 orders/21 trading days). In this 
instance the User will have met the average orders per day requirement 
to qualify for the proposed rebate. The Exchange believes that the 
proposed rebate program would encourage additional displayed liquidity 
in bonds on the Exchange.
---------------------------------------------------------------------------

    \9\ A trading day is any day that NYSE Bonds is available for 
trading, as determined by Securities Industry and Financial Market 
Association (``SIFMA''), which annually provides recommendations for 
early and full market closes that the bond market, including NYSE 
Bonds, follows. The current SIFMA holiday schedule is available at 
http://www.sifma.org/services/holiday-schedule/#us2016.
---------------------------------------------------------------------------

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. The Exchange believes 
that it is reasonable and equitable to adopt the Agency Order Incentive 
Program for the bonds trading platform, which would provide rebates for 
member organizations that provide liquidity to bonds traded on the 
Exchange. This proposed rule change targets a particular segment in 
which the Exchange seeks to attract greater order flow. The proposed 
rebate program would provide an incentive for additional liquidity at 
the Exchange. The Exchange further believes Agency Orders are becoming 
an increasingly important segment of bonds trading and the proposed 
rebate seeks to incentivize market participants to direct a greater 
number of such orders to the Exchange.
---------------------------------------------------------------------------

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

    The Exchange believes the proposed fee change would provide an 
incentive for Users to provide additional liquidity to the market and 
add competition to the existing group of liquidity providers. Finally, 
the Exchange believes that the proposed rule change is not unfairly 
discriminatory in that it would apply uniformly to all Users accessing 
NYSE Bonds. All similarly situated Users would be subject to the same 
rebate structure, and each User would have the ability to determine the 
extent to which the Exchange's proposed rebate structure will provide 
it with an economic incentive to use NYSE Bonds, 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 creating incentives 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. 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 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

    The foregoing rule change is effective upon filing pursuant to 
Section 19(b)(3)(A) \13\ of the Act and subparagraph (f)(2) of Rule 
19b-4 \14\ thereunder, because it establishes a due, fee, or other 
charge imposed by the Exchange.
---------------------------------------------------------------------------

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

    \15\ 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-NYSE-2017-68 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-2017-68. 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

[[Page 60784]]

only one method. The Commission will post all comments on the 
Commission's internet website (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 website 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. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-NYSE-2017-68, and should be submitted on 
or before January 12, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-27561 Filed 12-21-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                60782                         Federal Register / Vol. 82, No. 245 / Friday, December 22, 2017 / Notices

                                                17Ad–22(b)(2) requires, in relevant part,                 22(b)(2) and Rule 17Ad–22(e)(6)(i) and                II. Self-Regulatory Organization’s
                                                a registered clearing agency that                         (v).                                                  Statement of the Purpose of, and
                                                performs central counterparty services                                                                          Statutory Basis for, the Proposed Rule
                                                to establish, implement, maintain and                     IV. Conclusion                                        Change
                                                enforce written policies and procedures                     It Is Therefore Ordered pursuant to                    In its filing with the Commission, the
                                                that are reasonably designed to use                       Section 19(b)(2) of the Act that the                  self-regulatory organization included
                                                margin requirements to limit its credit                   proposed rule change (SR–LCH SA–                      statements concerning the purpose of,
                                                exposures to participants under normal                    2017–009) be, and hereby is,                          and basis for, the proposed rule change
                                                market conditions and use risk-based                      approved.13                                           and discussed any comments it received
                                                models and parameters to set margin                                                                             on the proposed rule change. The text
                                                requirements.11 Rules 17Ad–22(e)(6)(i)                      For the Commission by the Division of
                                                                                                          Trading and Markets, pursuant to delegated            of those statements may be examined at
                                                and (v) require a covered clearing                                                                              the places specified in Item IV below.
                                                                                                          authority.14
                                                agency that provides central                                                                                    The Exchange has prepared summaries,
                                                counterparty services to cover its credit                 Robert W. Errett,
                                                                                                                                                                set forth in sections A, B, and C below,
                                                exposures to its participants by                          Deputy Secretary.
                                                                                                                                                                of the most significant parts of such
                                                establishing a risk-based margin system                   [FR Doc. 2017–27563 Filed 12–21–17; 8:45 am]
                                                                                                                                                                statements.
                                                that, among other things, considers and                   BILLING CODE 8011–01–P
                                                produces margin levels commensurate                                                                             A. Self-Regulatory Organization’s
                                                with, the risks and particular attributes                                                                       Statement of the Purpose of, and the
                                                of each relevant product, portfolio, and                  SECURITIES AND EXCHANGE                               Statutory Basis for, the Proposed Rule
                                                market, and uses an appropriate method                    COMMISSION                                            Change
                                                for measuring credit exposure that                                                                              1. Purpose
                                                accounts for relevant product risk                        [Release No. 34–82343; File No. SR–NYSE–
                                                factors and portfolio effects across                                                                               The Exchange proposes to amend its
                                                                                                          2017–68]
                                                products.12                                                                                                     Price List to provide a rebate for the
                                                   The Commission finds that the                          Self-Regulatory Organizations; New                    NYSE Bonds system.4
                                                proposed rule change is consistent with                                                                            The Exchange currently does not
                                                                                                          York Stock Exchange LLC; Notice of
                                                Section 17A(b)(3)(F) of the Act and the                                                                         charge any execution fee for orders in
                                                                                                          Filing and Immediate Effectiveness of
                                                relevant provisions of Rule 17Ad–22                                                                             bonds that take liquidity from the NYSE
                                                                                                          Proposed Rule Change To Amend Its
                                                thereunder. Specifically, the                                                                                   Bonds Book. For orders in bonds that
                                                                                                          Price List To Adopt a Rebate for the
                                                Commission believes that the proposed                                                                           provide liquidity, the Exchange
                                                                                                          NYSE BondsSM System
                                                rule change will enhance LCH SA’s                                                                               currently provides a rebate of $0.05 per
                                                assessment of the risks associated with                   December 18, 2017.                                    bond, with a maximum rebate of $50 per
                                                clearing products that may exhibit                                                                              execution, for bond liquidity providers
                                                                                                             Pursuant to Section 19(b)(1) 1 of the              that meet the requirements of Rule 88.5
                                                WWR, and thereby collect an                               Securities Exchange Act of 1934 (the
                                                appropriate level of resources, which in                                                                        The Exchange also currently provides
                                                                                                          ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                rebates under the Liquidity Provider
                                                turn will improve LCH SA’s ability to                     notice is hereby given that, on December
                                                withstand the default of a Clearing                                                                             Incentive Program 6 pursuant to which
                                                                                                          14, 2017, New York Stock Exchange                     the Exchange pays a daily rebate to a
                                                Member. As a result, the Commission                       LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed
                                                believes that the proposed rule change                                                                          User 7 that is a Member or Member
                                                                                                          with the Securities and Exchange                      Organization based on the number of
                                                will augment LCH SA’s ability to                          Commission (the ‘‘Commission’’) the
                                                safeguard the securities and funds                                                                              Qualifying CUSIPs on the NYSE Bonds
                                                                                                          proposed rule change as described in                  Book for which a Unique User 8 meets
                                                which are in its custody and control.                     Items I, II, and III below, which Items
                                                Therefore, the Commission finds that                                                                            prescribed quoting requirements. The
                                                                                                          have been prepared by the self-                       Exchange is not proposing any change
                                                the proposed rule change is consistent                    regulatory organization. The
                                                with the requirements of Section                                                                                to the bond liquidity provider rebate
                                                                                                          Commission is publishing this notice to
                                                17A(b)(3)(F) of the Act.                                  solicit comments on the proposed rule                    4 The Exchange originally filed to amend the Fee
                                                   Moreover, the Commission believes
                                                                                                          change from interested persons.                       Schedule on December 1, 2017 (SR–NYSE–2017–
                                                that WWR is a relevant factor when                                                                              65) and withdrew such filing on December 14,
                                                considering the risks associated with                     I. Self-Regulatory Organization’s                     2017.
                                                clearing securities products, including                   Statement of the Terms of Substance of                   5 There are currently no bond liquidity providers

                                                CDS products, and when developing                         the Proposed Rule Change                              who meet the requirements of Rule 88 and therefore
                                                                                                                                                                no rebates are currently provided under the
                                                margin models to cover credit exposures                                                                         program.
                                                associated with providing clearance and                     The Exchange proposes to amend its                     6 See Securities Exchange Act Release Nos 77591

                                                settlement services for such products.                    Price List to adopt a rebate for the NYSE             (April 12, 2016), 81 FR 22656 (April 18, 2016) (SR–
                                                By ensuring that it will take into                        BondsSM system. The proposed rule                     NYSE–2016–26); 77812 (May 11, 2016), 81 FR
                                                consideration both WWR and RWR as                         change is available on the Exchange’s                 30594 (May 17, 2016) (SR–NYSE–2016–34); and
                                                                                                          website at www.nyse.com, at the                       79210 (November 1, 2016), 81 FR 78213 (November
                                                proposed, LCH SA will have margin that                                                                          7, 2016) (SR–NYSE–2016–68).
                                                more accurately measures the level of                     principal office of the Exchange, and at                 7 Rule 86(b)(2)(M) defines a User as any Member

                                                risk, and should therefore produce                        the Commission’s Public Reference                     or Member Organization, Sponsored Participant, or
                                                margin requirements that are                              Room.                                                 Authorized Trader that is authorized to access
                                                                                                                                                                NYSE Bonds.
sradovich on DSK3GMQ082PROD with NOTICES




                                                commensurate with such risks, as well                                                                              8 For purposes of the Liquidity Provider Incentive
                                                                                                             13 In approving the proposed rule change, the
                                                as the attributes of the products it clears.                                                                    Program, the term ‘Unique User’ means a User, a
                                                                                                          Commission considered the proposal’s impact on
                                                Accordingly, the Commission finds that                    efficiency, competition, and capital formation. 15
                                                                                                                                                                trading desk of a User, or a customer of a User, on
                                                the proposed rule change is consistent                                                                          whose behalf a Member or Member Organization
                                                                                                          U.S.C. 78c(f).
                                                                                                                                                                enters quotes or orders under a Unique User ID that
                                                with the requirements of Rule 17Ad–                          14 17 CFR 200.30–3(a)(12).
                                                                                                                                                                such User requests from and is provided by the
                                                                                                             1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                Exchange. See Securities Exchange Act Release No.
                                                  11 17   CFR 240.17Ad–22(b)(2).                             2 15 U.S.C. 78a.
                                                                                                                                                                80934 (June 15, 2017), 82 FR 28173 (June 20, 2017)
                                                  12 17   CFR 240.17Ad–22(e)(6)(i) and (v).                  3 17 CFR 240.19b–4.                                (SR–NYSE–2017–27).



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                                                                            Federal Register / Vol. 82, No. 245 / Friday, December 22, 2017 / Notices                                             60783

                                                program or the Liquidity Provider                       market participants to direct a greater                 competitive standing in the financial
                                                Incentive Program.                                      number of such orders to the Exchange.                  markets.
                                                   The Exchange proposes to adopt the                      The Exchange believes the proposed
                                                Agency Order Incentive Program. As                      fee change would provide an incentive                   C. Self-Regulatory Organization’s
                                                proposed, a monthly rebate of $4,000                    for Users to provide additional liquidity               Statement on Comments on the
                                                would be payable to a User that submits                 to the market and add competition to                    Proposed Rule Change Received From
                                                an average of 400 resting limit orders of               the existing group of liquidity providers.              Members, Participants, or Others
                                                any size per trading day 9 during the                   Finally, the Exchange believes that the                   No written comments were solicited
                                                month and that are submitted as Agency                  proposed rule change is not unfairly                    or received with respect to the proposed
                                                Orders by the User. For purposes of the                 discriminatory in that it would apply                   rule change.
                                                proposed Agency Order Incentive                         uniformly to all Users accessing NYSE
                                                                                                                                                                III. Date of Effectiveness of the
                                                Program, an Agency Order is any order                   Bonds. All similarly situated Users
                                                                                                                                                                Proposed Rule Change and Timing for
                                                submitted by a User that it represents as               would be subject to the same rebate
                                                agent on NYSE Bonds. For example,                       structure, and each User would have the                 Commission Action
                                                assume a User submits 10,000 orders                     ability to determine the extent to which                   The foregoing rule change is effective
                                                during January 2018, which has 21                       the Exchange’s proposed rebate                          upon filing pursuant to Section
                                                trading days. Of the 10,000 orders, if                  structure will provide it with an                       19(b)(3)(A) 13 of the Act and
                                                8,500 orders are resting limit orders that              economic incentive to use NYSE Bonds,                   subparagraph (f)(2) of Rule 19b–4 14
                                                are represented as agent by the User, the               and model its business accordingly.                     thereunder, because it establishes a due,
                                                average for the purposes of the proposed                                                                        fee, or other charge imposed by the
                                                                                                        B. Self-Regulatory Organization’s
                                                rebate would be 405 orders per trading                                                                          Exchange.
                                                                                                        Statement on Burden on Competition
                                                day (8,500 orders/21 trading days). In                                                                             At any time within 60 days of the
                                                this instance the User will have met the                   In accordance with Section 6(b)(8) of                filing of such proposed rule change, the
                                                average orders per day requirement to                   the Act,12 the Exchange believes that the               Commission summarily may
                                                qualify for the proposed rebate. The                    proposed rule change would not impose                   temporarily suspend such rule change if
                                                Exchange believes that the proposed                     any burden on competition that is not                   it appears to the Commission that such
                                                rebate program would encourage                          necessary or appropriate in furtherance                 action is necessary or appropriate in the
                                                additional displayed liquidity in bonds                 of the purposes of the Act. Debt                        public interest, for the protection of
                                                on the Exchange.                                        securities typically trade in a                         investors, or otherwise in furtherance of
                                                                                                        decentralized OTC dealer market that is                 the purposes of the Act. If the
                                                2. Statutory Basis                                      less liquid and transparent than the                    Commission takes such action, the
                                                   The Exchange believes that the                       equities markets. The Exchange believes                 Commission shall institute proceedings
                                                proposed rule change is consistent with                 that the proposed change would                          under Section 19(b)(2)(B) 15 of the Act to
                                                Section 6(b) of the Act,10 in general, and              increase competition with these OTC                     determine whether the proposed rule
                                                furthers the objectives of Sections                     venues by creating incentives to engage                 change should be approved or
                                                6(b)(4) and 6(b)(5) of the Act,11 in                    in bonds transactions on the Exchange                   disapproved.
                                                particular, because it provides for the                 and rewarding market participants for
                                                equitable allocation of reasonable dues,                actively quoting and providing liquidity                IV. Solicitation of Comments
                                                fees, and other charges among its                       in the only transparent bond market,                      Interested persons are invited to
                                                members, issuers and other persons                      which the Exchange believes will                        submit written data, views, and
                                                using its facilities and does not unfairly              enhance market quality.                                 arguments concerning the foregoing,
                                                discriminate between customers,                            The Exchange notes that it operates in               including whether the proposed rule
                                                issuers, brokers or dealers. The                        a highly competitive market in which                    change is consistent with the Act.
                                                Exchange believes that it is reasonable                 market participants can readily favor                   Comments may be submitted by any of
                                                and equitable to adopt the Agency Order                 competing venues that are not                           the following methods:
                                                Incentive Program for the bonds trading                 transparent. In such an environment,
                                                platform, which would provide rebates                   the Exchange must continually review,                   Electronic Comments
                                                for member organizations that provide                   and consider adjusting its fees and                       • Use the Commission’s internet
                                                liquidity to bonds traded on the                        rebates to remain competitive with other                comment form (http://www.sec.gov/
                                                Exchange. This proposed rule change                     exchanges as well as with alternative                   rules/sro.shtml); or
                                                targets a particular segment in which                   trading systems and other venues that                     • Send an email to rule-comments@
                                                the Exchange seeks to attract greater                   are not required to comply with the                     sec.gov. Please include File Number SR–
                                                order flow. The proposed rebate                         statutory standards applicable to                       NYSE–2017–68 on the subject line.
                                                program would provide an incentive for                  exchanges. Because competitors are free
                                                additional liquidity at the Exchange.                   to modify their own fees and credits in                 Paper Comments
                                                The Exchange further believes Agency                    response, and because market                              • Send paper comments in triplicate
                                                Orders are becoming an increasingly                     participants may readily adjust their                   to Brent J. Fields, Secretary, Securities
                                                important segment of bonds trading and                  order routing practices, the Exchange                   and Exchange Commission, 100 F Street
                                                the proposed rebate seeks to incentivize                believes that the degree to which fee                   NE, Washington, DC 20549–1090.
                                                                                                        changes in this market may impose any                   All submissions should refer to File
                                                   9 A trading day is any day that NYSE Bonds is
                                                                                                        burden on competition is extremely                      Number SR–NYSE–2017–68. This file
                                                available for trading, as determined by Securities
sradovich on DSK3GMQ082PROD with NOTICES




                                                Industry and Financial Market Association
                                                                                                        limited. As a result of all of these                    number should be included on the
                                                (‘‘SIFMA’’), which annually provides                    considerations, the Exchange does not                   subject line if email is used. To help the
                                                recommendations for early and full market closes        believe that the proposed change will                   Commission process and review your
                                                that the bond market, including NYSE Bonds,             impair the ability of member
                                                follows. The current SIFMA holiday schedule is
                                                                                                                                                                comments more efficiently, please use
                                                available at http://www.sifma.org/services/holiday-
                                                                                                        organizations or competing order
                                                schedule/#us2016.                                       execution venues to maintain their                        13 15 U.S.C. 78s(b)(3)(A).
                                                   10 15 U.S.C. 78f(b).                                                                                           14 17 CFR 240.19b–4(f)(2).
                                                   11 15 U.S.C. 78f(b)(4), (5).                           12 15   U.S.C. 78f(b)(8).                               15 15 U.S.C. 78s(b)(2)(B).




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                                                60784                          Federal Register / Vol. 82, No. 245 / Friday, December 22, 2017 / Notices

                                                only one method. The Commission will                    the Securities and Exchange                            Recipients of NYSE Arca Integrated
                                                post all comments on the Commission’s                   Commission (the ‘‘Commission’’) the                    Feed would continue to be subject to the
                                                internet website (http://www.sec.gov/                   proposed rule change as described in                   already existing subscription fees
                                                rules/sro.shtml). Copies of the                         Items I, II, and III below, which Items                currently set forth in the Fee Schedule.
                                                submission, all subsequent                              have been prepared by the self-                        The proposed Decommission Extension
                                                amendments, all written statements                      regulatory organization. The                           Fee would apply only to subscribers
                                                with respect to the proposed rule                       Commission is publishing this notice to                who choose to continue to receive the
                                                change that are filed with the                          solicit comments on the proposed rule                  NYSE Arca Integrated Feed in its legacy
                                                Commission, and all written                             change from interested persons.                        format for up to two months after the
                                                communications relating to the                                                                                 previously-announced date for the end
                                                                                                        I. Self-Regulatory Organization’s
                                                proposed rule change between the                                                                               of distribution in the legacy format, after
                                                                                                        Statement of the Terms of Substance of
                                                Commission and any person, other than                                                                          which the feed will be distributed
                                                                                                        the Proposed Rule Change
                                                those that may be withheld from the                                                                            exclusively in the new format as
                                                public in accordance with the                              The Exchange proposes to adopt a                    notified to customers previously and
                                                provisions of 5 U.S.C. 552, will be                     Decommission Extension Fee for receipt                 further explained below. The Exchange
                                                available for website viewing and                       of the NYSE Arca Integrated Feed                       has provided customers with adequate
                                                printing in the Commission’s Public                     market data product. The proposed rule                 notice that it intends to discontinue
                                                Reference Room, 100 F Street NE,                        change is available on the Exchange’s                  dissemination of the data feed in the
                                                Washington, DC 20549 on official                        website at www.nyse.com, at the                        legacy format, having first announced
                                                business days between the hours of                      principal office of the Exchange, and at               this to customers in June 2017.6
                                                10:00 a.m. and 3:00 p.m. Copies of such                 the Commission’s Public Reference                         As part of the Exchange’s efforts to
                                                filing also will be available for                       Room.                                                  regularly upgrade systems to support
                                                inspection and copying at the principal                 II. Self-Regulatory Organization’s                     more modern data distribution formats
                                                office of the Exchange. All comments                    Statement of the Purpose of, and                       and protocols as technology evolves,
                                                received will be posted without change.                 Statutory Basis for, the Proposed Rule                 beginning August 21, 2017, NYSE Arca
                                                Persons submitting comments are                         Change                                                 Integrated Feed began transmitting in a
                                                cautioned that we do not redact or edit                                                                        new format, Exchange Data Protocol
                                                personal identifying information from                      In its filing with the Commission, the
                                                                                                        self-regulatory organization included                  (XDP). Since August 21, 2017, the
                                                comment submissions. You should                                                                                Exchange has been transmitting NYSE
                                                submit only information that you wish                   statements concerning the purpose of,
                                                                                                        and basis for, the proposed rule change                Arca Integrated Feed in both the legacy
                                                to make available publicly. All                                                                                format and in XDP format without any
                                                submissions should refer to File                        and discussed any comments it received
                                                                                                        on the proposed rule change. The text                  additional fee being charged for
                                                Number SR–NYSE–2017–68, and                                                                                    providing this data feed in both formats.
                                                should be submitted on or before                        of those statements may be examined at
                                                                                                        the places specified in Item IV below.                 The dual dissemination remained in
                                                January 12, 2018.                                                                                              place until November 30, 2017, the
                                                                                                        The Exchange has prepared summaries,
                                                  For the Commission, by the Division of                set forth in sections A, B, and C below,               planned decommission date of the
                                                Trading and Markets, pursuant to delegated                                                                     legacy format.
                                                authority.16
                                                                                                        of the most significant parts of such
                                                                                                        statements.                                               The purpose of the proposed
                                                Robert W. Errett,                                                                                              Decommission Extension Fee is to
                                                Deputy Secretary.                                       A. Self-Regulatory Organization’s                      provide customers an incentive to fully
                                                [FR Doc. 2017–27561 Filed 12–21–17; 8:45 am]            Statement of the Purpose of, and the                   transition to the XDP format so the
                                                BILLING CODE 8011–01–P
                                                                                                        Statutory Basis for, the Proposed Rule                 Exchange does not have to continue to
                                                                                                        Change                                                 support both the legacy format and the
                                                                                                        1. Purpose                                             XDP format and incur, for example, the
                                                SECURITIES AND EXCHANGE                                                                                        costs involved in maintaining additional
                                                COMMISSION                                                 The Exchange proposes to adopt a                    servers and monitoring multiple
                                                                                                        Decommission Extension Fee for receipt                 distribution channels and testing
                                                [Release No. 34–82344; File No. SR–                     of the NYSE Arca Integrated Feed
                                                NYSEARCA–2017–142]                                                                                             environments not needed by the XDP
                                                                                                        market data product,4 as set forth on the              format. Therefore, beginning December
                                                                                                        NYSE Arca Equities Proprietary Market                  1, 2017, recipients of NYSE Arca
                                                Self-Regulatory Organizations; NYSE
                                                                                                        Data Fee Schedule (‘‘Fee Schedule’’).5                 Integrated Feed who wish to continue to
                                                Arca, Inc.; Notice of Filing and
                                                Immediate Effectiveness of Proposed                        4 See Securities Exchange Act Release No. 65669
                                                                                                                                                               receive NYSE Arca Integrated Feed in
                                                Rule Change To Adopt a                                  (November 2, 2011), 76 FR 69311 (November 8,           the legacy format will be subject to the
                                                Decommission Extension Fee for                          2011) (SR–NYSEArca–2011–78) (notice of filing and      proposed Decommission Extension Fee
                                                Receipt of the NYSE Arca Integrated                     immediate effectiveness of proposed rule change        of $5,000 per month.7 During the
                                                                                                        offering the NYSE Arca Integrated Feed). See also
                                                Feed Market Data Product                                Securities Exchange Act Release Nos. 66128
                                                                                                        (January 10, 2012), 77 FR 2331 (January 17, 2012)      2017–136) and withdrew such filing on December
                                                December 18, 2017.                                      (SR–NYSEArca–2011–96) (establishing fees for           12, 2017.
                                                   Pursuant to Section 19(b)(1) 1 of the                NYSE Arca Integrated Feed); 69315 (April 5, 2013),        6 See Trader Update at https://www.nyse.com/

                                                Securities Exchange Act of 1934 (the                    78 FR 21668 (April 11, 2013) (SR–NYSEArca–2013–        trader-update/history#110000065786. See also
                                                                                                        37) (establishing non-display usage fees); 73011       https://www.nyse.com/trader-update/history
                                                ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                  (September 5, 2014), 79 FR 54315 (September 11,        #110000078705.
sradovich on DSK3GMQ082PROD with NOTICES




                                                notice is hereby given that, on December                2014) (SR–NYSEArca–2014–93) (amending non-                7 The concept of a Decommission Extension Fee

                                                12, 2017, NYSE Arca, Inc. (the                          display usage fees); 76914 (January 14, 2016), 81 FR   is not novel. The Exchange’s affiliates, NYSE and
                                                ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with               3484 (January 21, 2016) (SR–NYSEArca–2016–03)          NYSE American, have both previously adopted a
                                                                                                        (amending fees for NYSE Arca Integrated Feed); and     Decommission Extension Fee for receipt of multiple
                                                                                                        82100 (November 16, 2017), 82 FR 55660                 market data products when those products migrated
                                                  16 17 CFR 200.30–3(a)(12).                            (November 22, 2017) (SR–NYSEArca–2017–130)             to the XDP format. See Securities Exchange Act
                                                  1 15 U.S.C.78s(b)(1).                                 (amending fees for NYSE Arca Integrated Feed).         Release Nos. 79286 (November 10, 2016), 81 FR
                                                  2 15 U.S.C. 78a.                                         5 The Exchange originally filed to amend the Fee    81186 (November 17, 2016) (SR–NYSE–2016–73);
                                                  3 17 CFR 240.19b–4.                                   Schedule on November 29, 2017 (SR–NYSEArca–            79287 (November 10, 2016), 81 FR 81216



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Document Created: 2017-12-22 00:33:46
Document Modified: 2017-12-22 00:33:46
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 60782 

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