83_FR_22631 83 FR 22537 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE Arca Options Fee Schedule

83 FR 22537 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE Arca Options Fee Schedule

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 94 (May 15, 2018)

Page Range22537-22539
FR Document2018-10262

Federal Register, Volume 83 Issue 94 (Tuesday, May 15, 2018)
[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Notices]
[Pages 22537-22539]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10262]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83202; File No. SR-NYSEArca-2018-29]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE 
Arca Options Fee Schedule

May 9, 2018.
    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 May 1, 2018, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE 
Arca'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend the NYSE Arca Options Fee Schedule 
(``Fee Schedule''). The Exchange proposes to implement the fee change 
effective May 1, 2018. 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 purpose of this filing is to amend the Fee Schedule effective 
May 1, 2018. Specifically, the Exchange proposes to offer an additional 
incentive for Market Makers to post liquidity in the SPDR S&P 500 ETF 
Trust (``SPY'').
    Currently, Market Makers receive a $0.28 per contract credit for 
executions against Market Maker posted liquidity in Penny Pilot Issues 
and Lead Market Makers (``LMMs'') may receive an additional $.04 per 
contract credit (for a total of $0.32 per contract credit) for posted 
liquidity in Penny Pilot Issues that are in the LMM's appointment.\4\ 
Similarly, Market Makers may receive a $0.28 per contract credit for 
executions against their posted liquidity in SPY.\5\ The Exchange 
currently offers additional incentives (i.e., enhanced credits) to 
Market Makers to post liquidity.\6\
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    \4\ See Fee Schedule, Transaction Fee for Electronic Executions, 
Per Contract. See also Market Maker Monthly Posting Credit Tiers and 
Qualifications for Executions in Penny Pilot Issues and SPY (the 
``MM Tiers'').
    \5\ See Fee Schedule, the MM Tiers, Base Rate.
    \6\ See id. See, e.g., the Market Maker Incentive for Penny 
Pilot Issues (which provides a $0.41 per contract credit for 
executions of Marker Maker posted interest provided the Market Maker 
achieves at least 0.75% of total industry Customer equity and ETF 
option average daily volume (``TCADV'') from Customer posted 
interest (e.g., from the Marker Maker's affiliate of Appointed Order 
Flow Provider) in all issues and an ADV from Market Maker posted 
interest equal to 0.70% of TCADV).
---------------------------------------------------------------------------

    The Exchange also offers an incentive to encourage Market Makers to 
post interest in SPY. A Market Maker that has posted interest of at 
least 0.20% of TCADV in SPY during a calendar month receives a per 
contract credit of $0.45

[[Page 22538]]

for electronic executions against such posted interest. The Exchange 
proposes to add an intermediate level incentive by offering any Market 
Maker that has posted interest of at least 0.15% of TCADV in SPY during 
a calendar month, a per contract credit of $0.36 for electronic 
executions against such posted interest \7\
---------------------------------------------------------------------------

    \7\ See proposed Fee Schedule, Market Maker Incentive for SPY 
(including reference to Endnote 8, which sets forth the calculations 
for monthly posting credits).
---------------------------------------------------------------------------

    As is the case today, a Market Maker that qualifies for more than 
one available credit will always receive the highest rebate applicable 
to a transaction. For example, a Market Maker that is eligible to 
receive both the $0.41 per contract credit via the Market Maker 
Incentive For Penny Pilot Issues as well as the proposed $0.36 per 
contract credit via the Market Maker Incentive for SPY would receive 
the former (higher) credit.
    The Exchange is not proposing any other changes to the Fee Schedule 
at this time.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act, in general, and furthers the objectives 
of Sections 6(b)(4) and (5) 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 believes that providing an intermediate incentive for 
executions against posted liquidity in SPY is reasonable, equitable, 
and not unfairly discriminatory because, among other things, it may 
encourage greater participation in SPY--which is consistently the most 
active options issue nationally. The proposed SPY incentive would also 
provide an additional means for Market Makers to qualify for credits 
for posting volume on the Exchange. By encouraging activity in SPY, the 
Exchange believes that opportunities to qualify for other rebates are 
increased, which benefits all participants through increased Market 
Maker activity. The Exchange also believes that encouraging a higher 
level of trading volume in SPY should increase opportunities for OTP 
Holders and OTP Firms (``OTPs'') to achieve credits available through 
existing incentive programs, such as the MM Tiers, which provides OTPs 
the ability to achieve per contract credit for electronic executions of 
posted Market Maker interest in SPY and other Penny Pilot names by 
combining the volume of the OTP with volume of their affiliates or 
Appointed Market Maker. To the extent that order flow, which adds 
liquidity, is increased by the proposal, OTPs will be encouraged to 
compete for the opportunity to trade on the Exchange, including by 
sending additional order flow to the Exchange to achieve higher tiers 
or enhanced rebates. The resulting increased volume and liquidity would 
benefit all Exchange participants by providing more trading 
opportunities and tighter spreads.
    The Exchange also believes the proposed SPY incentive is not 
unfairly discriminatory to non-Market Markers (i.e., Customers, 
Professionals Customers, Firms and Broker-Dealers) because such market 
participants are not subject to the burdens and heightened obligations 
that apply to Market Makers, such as burdensome quoting obligations and 
costs related to market making activities. The Exchange believes the 
proposed incentive is reasonable, equitable and not unfairly 
discriminatory because encouraging Market Makers to direct more volume 
to the Exchange would also contribute to the Exchange's depth of book 
as well as to the top of book liquidity.
    The Exchange also notes that the proposed credit for posting in SPY 
is reasonable, equitable, and not unfairly discriminatory as it is 
consistent with credits offered to Market Makers by other options 
exchanges.\8\
---------------------------------------------------------------------------

    \8\ See, e.g., MIAX Pearl Fee Schedule, Section 1.a., 
Transaction Rebates/Fees, Exchange Rebates/Fees--Add/Remove Tiered 
Rebates/Fees, available here, https://www.miaxoptions.com/sites/default/files/fee_schedule-files/MIAX_PEARL_Fee_Schedule_03082018.pdf (providing an alternative basis 
to achieve a $0.47 per contract credit in Penny Pilot Issues based 
on a specified level of SPY volume).
---------------------------------------------------------------------------

    For these reasons, the Exchange believes that the proposal is 
consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\9\ the Exchange does 
not believe that the proposed rule change will impose any burden on 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act. Instead, the Exchange believes that the proposed 
change would encourage competition, including by attracting additional 
liquidity to the Exchange, which would continue to make the Exchange a 
more competitive venue for, among other things, order execution and 
price discovery. The Exchange does not believe that the proposed change 
would impair the ability of any market participants or competing order 
execution venues to maintain their competitive standing in the 
financial markets. Further, the incentive would not impose an unfair 
burden on non-Market Markers because such market participants are not 
subject to the burdens and heightened obligations that apply to Market 
Makers.
---------------------------------------------------------------------------

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

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

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

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

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

    The foregoing rule change is effective upon filing pursuant to 
Section 19(b)(3)(A) \10\ of the Act and subparagraph (f)(2) of Rule 
19b-4 \11\ thereunder, because it establishes a due, fee, or other 
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 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) \12\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \12\ 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.

[[Page 22539]]

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 No. SR-NYSEArca-2018-29 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-NYSEArca-2018-29. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet 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 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. 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 No. SR-NYSEArca-2018-29, and should be submitted 
on or before June 5, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-10262 Filed 5-14-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices                                                       22537

                                               INFORMATION CONTACT   section by                        to Add Priority Mail Express, Priority                www.nyse.com, at the principal office of
                                               telephone for advice on filing                          Mail & First-Class Package Service                    the Exchange, and at the Commission’s
                                               alternatives.                                           Contract 35 to Competitive Product List               Public Reference Room.
                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                       and Notice of Filing Materials Under
                                                                                                                                                             II. Self-Regulatory Organization’s
                                               David A. Trissell, General Counsel, at                  Seal; Filing Acceptance Date: May 9,
                                                                                                                                                             Statement of the Purpose of, and
                                               202–789–6820.                                           2018; Filing Authority: 39 U.S.C. 3642
                                                                                                                                                             Statutory Basis for, the Proposed Rule
                                                                                                       and 39 CFR 3020.30 et seq.; Public
                                               SUPPLEMENTARY INFORMATION:                                                                                    Change
                                                                                                       Representative: Kenneth R. Moeller;
                                               Table of Contents                                       Comments Due: May 17, 2018.                              In its filing with the Commission, the
                                                                                                         2. Docket No(s).: MC2018–149 and                    self-regulatory organization included
                                               I. Introduction                                                                                               statements concerning the purpose of,
                                                                                                       CP2018–215; Filing Title: USPS Request
                                               II. Docketed Proceeding(s)
                                                                                                       to Add Priority Mail Contract 433 to                  and basis for, the proposed rule change
                                               I. Introduction                                         Competitive Product List and Notice of                and discussed any comments it received
                                                                                                       Filing Materials Under Seal; Filing                   on the proposed rule change. The text
                                                  The Commission gives notice that the
                                                                                                       Acceptance Date: May 9, 2018; Filing                  of those statements may be examined at
                                               Postal Service filed request(s) for the
                                                                                                       Authority: 39 U.S.C. 3642 and 39 CFR                  the places specified in Item IV below.
                                               Commission to consider matters related
                                                                                                       3020.30 et seq.; Public Representative:               The Exchange has prepared summaries,
                                               to negotiated service agreement(s). The
                                                                                                       Kenneth R. Moeller; Comments Due:                     set forth in sections A, B, and C below,
                                               request(s) may propose the addition or
                                                                                                       May 17, 2018.                                         of the most significant parts of such
                                               removal of a negotiated service
                                                                                                         This Notice will be published in the                statements.
                                               agreement from the market dominant or
                                               the competitive product list, or the                    Federal Register.                                     A. Self-Regulatory Organization’s
                                               modification of an existing product                     Stacy L. Ruble,                                       Statement of the Purpose of, and the
                                               currently appearing on the market                       Secretary.                                            Statutory Basis for, the Proposed Rule
                                               dominant or the competitive product                     [FR Doc. 2018–10285 Filed 5–14–18; 8:45 am]           Change
                                               list.                                                   BILLING CODE 7710–FW–P                                1. Purpose
                                                  Section II identifies the docket
                                               number(s) associated with each Postal                                                                            The purpose of this filing is to amend
                                               Service request, the title of each Postal                                                                     the Fee Schedule effective May 1, 2018.
                                                                                                       SECURITIES AND EXCHANGE                               Specifically, the Exchange proposes to
                                               Service request, the request’s acceptance
                                                                                                       COMMISSION                                            offer an additional incentive for Market
                                               date, and the authority cited by the
                                               Postal Service for each request. For each               [Release No. 34–83202; File No. SR–                   Makers to post liquidity in the SPDR
                                               request, the Commission appoints an                     NYSEArca–2018–29]                                     S&P 500 ETF Trust (‘‘SPY’’).
                                               officer of the Commission to represent                                                                           Currently, Market Makers receive a
                                               the interests of the general public in the              Self-Regulatory Organizations; NYSE                   $0.28 per contract credit for executions
                                               proceeding, pursuant to 39 U.S.C. 505                   Arca, Inc.; Notice of Filing and                      against Market Maker posted liquidity
                                               (Public Representative). Section II also                Immediate Effectiveness of Proposed                   in Penny Pilot Issues and Lead Market
                                               establishes comment deadline(s)                         Rule Change To Amend the NYSE Arca                    Makers (‘‘LMMs’’) may receive an
                                               pertaining to each request.                             Options Fee Schedule                                  additional $.04 per contract credit (for a
                                                  The public portions of the Postal                    May 9, 2018.
                                                                                                                                                             total of $0.32 per contract credit) for
                                               Service’s request(s) can be accessed via                                                                      posted liquidity in Penny Pilot Issues
                                                                                                          Pursuant to Section 19(b)(1) 1 of the
                                               the Commission’s website (http://                                                                             that are in the LMM’s appointment.4
                                                                                                       Securities Exchange Act of 1934 (the
                                               www.prc.gov). Non-public portions of                                                                          Similarly, Market Makers may receive a
                                                                                                       ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                               the Postal Service’s request(s), if any,                                                                      $0.28 per contract credit for executions
                                                                                                       notice is hereby given that, on May 1,
                                               can be accessed through compliance                                                                            against their posted liquidity in SPY.5
                                                                                                       2018, NYSE Arca, Inc. (the ‘‘Exchange’’
                                               with the requirements of 39 CFR                                                                               The Exchange currently offers
                                                                                                       or ‘‘NYSE Arca’’) filed with the
                                               3007.40.                                                                                                      additional incentives (i.e., enhanced
                                                                                                       Securities and Exchange Commission
                                                  The Commission invites comments on                                                                         credits) to Market Makers to post
                                                                                                       (the ‘‘Commission’’) the proposed rule
                                               whether the Postal Service’s request(s)                                                                       liquidity.6
                                                                                                       change as described in Items I, II, and
                                               in the captioned docket(s) are consistent                                                                        The Exchange also offers an incentive
                                                                                                       III below, which Items have been
                                               with the policies of title 39. For                                                                            to encourage Market Makers to post
                                                                                                       prepared by the self-regulatory
                                               request(s) that the Postal Service states                                                                     interest in SPY. A Market Maker that
                                                                                                       organization. The Commission is
                                               concern market dominant product(s),                                                                           has posted interest of at least 0.20% of
                                                                                                       publishing this notice to solicit
                                               applicable statutory and regulatory                                                                           TCADV in SPY during a calendar month
                                                                                                       comments on the proposed rule change
                                               requirements include 39 U.S.C. 3622, 39                                                                       receives a per contract credit of $0.45
                                                                                                       from interested persons.
                                               U.S.C. 3642, 39 CFR part 3010, and 39
                                               CFR part 3020, subpart B. For request(s)                I. Self-Regulatory Organization’s                        4 See Fee Schedule, Transaction Fee for

                                                                                                       Statement of the Terms of Substance of                Electronic Executions, Per Contract. See also
                                               that the Postal Service states concern                                                                        Market Maker Monthly Posting Credit Tiers and
                                               competitive product(s), applicable                      the Proposed Rule Change                              Qualifications for Executions in Penny Pilot Issues
                                               statutory and regulatory requirements                      The Exchange proposes to amend the                 and SPY (the ‘‘MM Tiers’’).
                                                                                                                                                                5 See Fee Schedule, the MM Tiers, Base Rate.
                                               include 39 U.S.C. 3632, 39 U.S.C. 3633,                 NYSE Arca Options Fee Schedule (‘‘Fee                    6 See id. See, e.g., the Market Maker Incentive for
                                               39 U.S.C. 3642, 39 CFR part 3015, and                   Schedule’’). The Exchange proposes to
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                                             Penny Pilot Issues (which provides a $0.41 per
                                               39 CFR part 3020, subpart B. Comment                    implement the fee change effective May                contract credit for executions of Marker Maker
                                               deadline(s) for each request appear in                  1, 2018. The proposed rule change is                  posted interest provided the Market Maker achieves
                                               section II.                                             available on the Exchange’s website at                at least 0.75% of total industry Customer equity and
                                                                                                                                                             ETF option average daily volume (‘‘TCADV’’) from
                                               II. Docketed Proceeding(s)                                1 15
                                                                                                                                                             Customer posted interest (e.g., from the Marker
                                                                                                              U.S.C. 78s(b)(1).                              Maker’s affiliate of Appointed Order Flow Provider)
                                                 1. Docket No(s).: MC2018–148 and                        2 15 U.S.C. 78a.                                    in all issues and an ADV from Market Maker posted
                                               CP2018–214; Filing Title: USPS Request                    3 17 CFR 240.19b–4.                                 interest equal to 0.70% of TCADV).



                                          VerDate Sep<11>2014   20:27 May 14, 2018   Jkt 244001   PO 00000   Frm 00097   Fmt 4703   Sfmt 4703   E:\FR\FM\15MYN1.SGM   15MYN1


                                               22538                          Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices

                                               for electronic executions against such                  electronic executions of posted Market                   price discovery. The Exchange does not
                                               posted interest. The Exchange proposes                  Maker interest in SPY and other Penny                    believe that the proposed change would
                                               to add an intermediate level incentive                  Pilot names by combining the volume of                   impair the ability of any market
                                               by offering any Market Maker that has                   the OTP with volume of their affiliates                  participants or competing order
                                               posted interest of at least 0.15% of                    or Appointed Market Maker. To the                        execution venues to maintain their
                                               TCADV in SPY during a calendar                          extent that order flow, which adds                       competitive standing in the financial
                                               month, a per contract credit of $0.36 for               liquidity, is increased by the proposal,                 markets. Further, the incentive would
                                               electronic executions against such                      OTPs will be encouraged to compete for                   not impose an unfair burden on non-
                                               posted interest 7                                       the opportunity to trade on the                          Market Markers because such market
                                                  As is the case today, a Market Maker                 Exchange, including by sending                           participants are not subject to the
                                               that qualifies for more than one                        additional order flow to the Exchange to                 burdens and heightened obligations that
                                               available credit will always receive the                achieve higher tiers or enhanced                         apply to Market Makers.
                                               highest rebate applicable to a                          rebates. The resulting increased volume                    The Exchange notes that it operates in
                                               transaction. For example, a Market                      and liquidity would benefit all                          a highly competitive market in which
                                               Maker that is eligible to receive both the              Exchange participants by providing                       market participants can readily favor
                                               $0.41 per contract credit via the Market                more trading opportunities and tighter                   competing venues. In such an
                                               Maker Incentive For Penny Pilot Issues                  spreads.                                                 environment, the Exchange must
                                               as well as the proposed $0.36 per                          The Exchange also believes the                        continually review, and consider
                                               contract credit via the Market Maker                    proposed SPY incentive is not unfairly                   adjusting, its fees and credits to remain
                                               Incentive for SPY would receive the                     discriminatory to non-Market Markers                     competitive with other exchanges. For
                                               former (higher) credit.                                 (i.e., Customers, Professionals                          the reasons described above, the
                                                  The Exchange is not proposing any                    Customers, Firms and Broker-Dealers)                     Exchange believes that the proposed
                                               other changes to the Fee Schedule at                    because such market participants are                     rule change reflects this competitive
                                               this time.                                              not subject to the burdens and                           environment.
                                                                                                       heightened obligations that apply to
                                               2. Statutory Basis                                                                                               C. Self-Regulatory Organization’s
                                                                                                       Market Makers, such as burdensome
                                                                                                                                                                Statement on Comments on the
                                                  The Exchange believes that the                       quoting obligations and costs related to
                                                                                                                                                                Proposed Rule Change Received From
                                               proposed rule change is consistent with                 market making activities. The Exchange
                                                                                                                                                                Members, Participants, or Others
                                               Section 6(b) of the Act, in general, and                believes the proposed incentive is
                                               furthers the objectives of Sections                     reasonable, equitable and not unfairly                     No written comments were solicited
                                               6(b)(4) and (5) of the Act, in particular,              discriminatory because encouraging                       or received with respect to the proposed
                                               because it provides for the equitable                   Market Makers to direct more volume to                   rule change.
                                               allocation of reasonable dues, fees, and                the Exchange would also contribute to                    III. Date of Effectiveness of the
                                               other charges among its members,                        the Exchange’s depth of book as well as                  Proposed Rule Change and Timing for
                                               issuers and other persons using its                     to the top of book liquidity.                            Commission Action
                                               facilities and does not unfairly                           The Exchange also notes that the
                                               discriminate between customers,                         proposed credit for posting in SPY is                       The foregoing rule change is effective
                                               issuers, brokers or dealers.                            reasonable, equitable, and not unfairly                  upon filing pursuant to Section
                                                  The Exchange believes that providing                 discriminatory as it is consistent with                  19(b)(3)(A) 10 of the Act and
                                               an intermediate incentive for executions                credits offered to Market Makers by                      subparagraph (f)(2) of Rule 19b–4 11
                                               against posted liquidity in SPY is                      other options exchanges.8                                thereunder, because it establishes a due,
                                               reasonable, equitable, and not unfairly                    For these reasons, the Exchange                       fee, or other charge imposed by the
                                               discriminatory because, among other                     believes that the proposal is consistent                 Exchange.
                                               things, it may encourage greater                        with the Act.                                               At any time within 60 days of the
                                               participation in SPY—which is                                                                                    filing of such proposed rule change, the
                                                                                                       B. Self-Regulatory Organization’s                        Commission summarily may
                                               consistently the most active options
                                                                                                       Statement on Burden on Competition                       temporarily suspend such rule change if
                                               issue nationally. The proposed SPY
                                               incentive would also provide an                            In accordance with Section 6(b)(8) of                 it appears to the Commission that such
                                               additional means for Market Makers to                   the Act,9 the Exchange does not believe                  action is necessary or appropriate in the
                                               qualify for credits for posting volume on               that the proposed rule change will                       public interest, for the protection of
                                               the Exchange. By encouraging activity                   impose any burden on competition that                    investors, or otherwise in furtherance of
                                               in SPY, the Exchange believes that                      is not necessary or appropriate in                       the purposes of the Act. If the
                                               opportunities to qualify for other rebates              furtherance of the purposes of the Act.                  Commission takes such action, the
                                               are increased, which benefits all                       Instead, the Exchange believes that the                  Commission shall institute proceedings
                                               participants through increased Market                   proposed change would encourage                          under Section 19(b)(2)(B) 12 of the Act to
                                               Maker activity. The Exchange also                       competition, including by attracting                     determine whether the proposed rule
                                               believes that encouraging a higher level                additional liquidity to the Exchange,                    change should be approved or
                                               of trading volume in SPY should                         which would continue to make the                         disapproved.
                                               increase opportunities for OTP Holders                  Exchange a more competitive venue for,                   IV. Solicitation of Comments
                                               and OTP Firms (‘‘OTPs’’) to achieve                     among other things, order execution and
                                               credits available through existing                                                                                 Interested persons are invited to
                                                                                                                                                                submit written data, views, and
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                          8 See, e.g., MIAX Pearl Fee Schedule, Section 1.a.,
                                               incentive programs, such as the MM
                                               Tiers, which provides OTPs the ability                  Transaction Rebates/Fees, Exchange Rebates/Fees—         arguments concerning the foregoing,
                                                                                                       Add/Remove Tiered Rebates/Fees, available here,          including whether the proposed rule
                                               to achieve per contract credit for                      https://www.miaxoptions.com/sites/default/files/
                                                                                                       fee_schedule-files/MIAX_PEARL_Fee_Schedule_
                                                                                                                                                                change is consistent with the Act.
                                                  7 See proposed Fee Schedule, Market Maker            03082018.pdf (providing an alternative basis to
                                                                                                                                                                 10 15 U.S.C. 78s(b)(3)(A).
                                               Incentive for SPY (including reference to Endnote       achieve a $0.47 per contract credit in Penny Pilot
                                               8, which sets forth the calculations for monthly        Issues based on a specified level of SPY volume).         11 17 CFR 240.19b–4(f)(2).
                                               posting credits).                                          9 15 U.S.C. 78f(b)(8).                                 12 15 U.S.C. 78s(b)(2)(B).




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                                                                                Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices                                                     22539

                                               Comments may be submitted by any of                       SECURITIES AND EXCHANGE                                A. Self-Regulatory Organization’s
                                               the following methods:                                    COMMISSION                                             Statement of the Purpose of, and the
                                                                                                                                                                Statutory Basis for, the Proposed Rule
                                               Electronic Comments                                                                                              Change
                                                                                                         [Release No. 34–83193; File No. SR–
                                                 • Use the Commission’s internet                         NASDAQ–2018–036]                                       1. Purpose
                                               comment form (http://www.sec.gov/                                                                                   The Exchange proposes to reorganize
                                               rules/sro.shtml); or                                      Self-Regulatory Organizations; The
                                                                                                                                                                and amend Chapter XV, Section 3,
                                                 • Send an email to rule-comments@                       Nasdaq Stock Market LLC; Notice of
                                                                                                                                                                entitled ‘‘Nasdaq Options Market—Ports
                                               sec.gov. Please include File No. SR–                      Filing and Immediate Effectiveness of                  and Other Services.’’ The Exchange
                                               NYSEArca–2018–29 on the subject line.                     a Proposed Rule Change To                              offers various services across its 6
                                                                                                         Reorganize and Amend The Nasdaq                        affiliated options markets, NOM,
                                               Paper Comments                                            Options Market LLC Chapter XV,                         Nasdaq BX, Inc., Nasdaq Phlx LLC,
                                                                                                         Section 3, Entitled ‘‘Nasdaq Options                   Nasdaq ISE, LLC, Nasdaq GEMX, LLC
                                                 • Send paper comments in triplicate
                                                                                                         Market—Ports and Other Services                        and Nasdaq MRX, LLC (‘‘Nasdaq
                                               to Secretary, Securities and Exchange
                                               Commission, 100 F Street NE,                                                                                     Affiliated Markets’’).3 The Exchange
                                                                                                         May 9, 2018.
                                               Washington, DC 20549–1090.                                                                                       desires to rename services to conform
                                                                                                            Pursuant to Section 19(b)(1) of the                 the naming of the offerings across all
                                               All submissions should refer to File No.                  Securities Exchange Act of 1934 (the                   Nasdaq Affiliated Markets. The
                                               SR–NYSEArca–2018–29. This file                            ‘‘Act’’),1 and Rule 19b–4 thereunder,2                 Exchange proposes to reorganize
                                               number should be included on the                          notice is hereby given that on April 27,               Section 3 to list order and quote
                                               subject line if email is used. To help the                2018, The Nasdaq Stock Market LLC                      protocols first, order and execution
                                               Commission process and review your                        (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the            offerings next, followed by data ports
                                               comments more efficiently, please use                     Securities and Exchange Commission                     and other ports as the last section. The
                                               only one method. The Commission will                      (‘‘Commission’’) the proposed rule                     Exchange proposes to list data offerings
                                               post all comments on the Commission’s                     change as described in Items I and II                  which are offered at no cost. The
                                               internet website (http://www.sec.gov/                     below, which Items have been prepared                  Exchange is also proposing to remove
                                               rules/sro.shtml). Copies of the                                                                                  obsolete pricing. The Exchange believes
                                                                                                         by the Exchange. The Commission is
                                               submission, all subsequent                                                                                       that aligning its offerings, where
                                                                                                         publishing this notice to solicit
                                               amendments, all written statements                                                                               relevant, across the Nasdaq Affiliated
                                                                                                         comments on the proposed rule change                   Markets will provide more transparency
                                               with respect to the proposed rule                         from interested persons.
                                               change that are filed with the                                                                                   as to the offerings for market
                                               Commission, and all written                               I. Self-Regulatory Organization’s                      participants.
                                               communications relating to the                            Statement of the Terms of Substance of                 Ports
                                               proposed rule change between the                          the Proposed Rule Change
                                                                                                                                                                   The Exchange proposes to define a
                                               Commission and any person, other than                                                                            port within Section 3 to provide
                                               those that may be withheld from the                          The Exchange proposes to reorganize
                                                                                                         and amend The Nasdaq Options Market                    additional clarity to the fee schedule as
                                               public in accordance with the                                                                                    ‘‘a logical connection or session that
                                               provisions of 5 U.S.C. 552, will be                       LLC (‘‘NOM’’) Chapter XV, Section 3,
                                                                                                         entitled ‘‘Nasdaq Options Market—Ports                 enables a market participant to send
                                               available for website viewing and                                                                                inbound messages and/or receive
                                               printing in the Commission’s Public                       and Other Services.’’
                                                                                                                                                                outbound messages from the Exchange
                                               Reference Room, 100 F Street NE,                             The text of the proposed rule change                using various communication
                                               Washington, DC 20549, on official                         is available on the Exchange’s website at              protocols.’’ The Exchange believes this
                                               business days between the hours of                        http://nasdaq.cchwallstreet.com, at the                definition will assist Participants in
                                               10:00 a.m. and 3:00 p.m. Copies of the                    principal office of the Exchange, and at               distinguishing ports from other
                                               filing also will be available for                         the Commission’s Public Reference                      offerings.
                                               inspection and copying at the principal                   Room.
                                               office of the Exchange. All comments                                                                             Order and Quote Protocols
                                               received will be posted without change.                   II. Self-Regulatory Organization’s                       The Exchange proposes to add a new
                                               Persons submitting comments are                           Statement of the Purpose of, and                       section (i) and include the following
                                               cautioned that we do not redact or edit                   Statutory Basis for, the Proposed Rule                 introductory sentence, ‘‘The following
                                               personal identifying information from                     Change                                                 order and quote protocols are available
                                               comment submissions. You should                                                                                  on NOM.’’
                                               submit only information that you wish                       In its filing with the Commission, the                 Today, NOM offers market
                                               to make available publicly. All                           Exchange included statements                           participants an Order Entry order
                                               submissions should refer to File No.                      concerning the purpose of and basis for                protocol and an SQF quote protocol.
                                               SR–NYSEArca–2018–29, and should be                        the proposed rule change and discussed                 These fees currently exist on the fee
                                               submitted on or before June 5, 2018.                      any comments it received on the                        schedule. The Exchange is not
                                                                                                         proposed rule change. The text of these                amending any pricing related to these
                                                 For the Commission, by the Division of                  statements may be examined at the
                                               Trading and Markets, pursuant to delegated
                                                                                                                                                                protocols. The Exchange proposes to
                                                                                                         places specified in Item IV below. The                 rename ‘‘Order Entry Port Fee’’ as ‘‘FIX
                                               authority.13
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                         Exchange has prepared summaries, set                   Port Fee.’’ This description is more
                                               Eduardo A. Aleman,                                        forth in sections A, B, and C below, of                accurate as ‘‘FIX’’ is the name of the
                                               Assistant Secretary.                                      the most significant aspects of such
                                               [FR Doc. 2018–10262 Filed 5–14–18; 8:45 am]               statements.                                              3 The Exchange will file a similar rule change on

                                               BILLING CODE 8011–01–P
                                                                                                                                                                each Nasdaq Affiliated Market to conform the
                                                                                                                                                                offerings by amending naming to make them similar
                                                                                                          1 15   U.S.C. 78s(b)(1).                              and delineating each offering on the fee schedule
                                                 13 17   CFR 200.30–3(a)(12).                             2 17   CFR 240.19b–4.                                 where no fee is assessed.



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Document Created: 2018-05-15 00:34:15
Document Modified: 2018-05-15 00:34:15
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 Citation83 FR 22537 

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