83_FR_24083 83 FR 23983 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE Arca Equities Fees and Charges

83 FR 23983 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE Arca Equities Fees and Charges

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 100 (May 23, 2018)

Page Range23983-23985
FR Document2018-10969

Federal Register, Volume 83 Issue 100 (Wednesday, May 23, 2018)
[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Notices]
[Pages 23983-23985]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10969]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83268; File No. SR-NYSEArca-2018-34]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE 
Arca Equities Fees and Charges

May 17, 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 9, 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 the 
Substance of the Proposed Rule Change

    The Exchange proposes to amend the NYSE Arca Equities Fees and 
Charges (``Fee Schedule'') to introduce a new pricing tier, Retail 
Order Step-Up Tier. The Exchange proposes to implement the fee change 
effective May 9, 2018.\4\ 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.
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    \4\ The Exchange originally filed to amend the Fee Schedule on 
May 1, 2018 (SR-NYSEArca-2018-30) and withdrew such filing on May 9, 
2018.

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[[Page 23984]]

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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend the Fee Schedule, as described 
below, to introduce a new pricing tier, Retail Order Step-Up Tier.
    The Exchange currently provides a credit of $0.0033 per share under 
the Retail Order Tier for Retail Orders \5\ that provide liquidity 
during the month in Tape A, Tape B and Tape C Securities to ETP 
Holders, including Market Makers, that execute an average daily volume 
(``ADV'') of Retail Orders that provide liquidity during the month that 
is 0.15% or more of U.S. consolidated ADV (``CADV'').\6\ For all other 
fees and credits, tiered or basic rates apply based on a firm's 
qualifying levels. In order to encourage participation from a greater 
number of ETP Holders, and promote additional liquidity in Retail 
Orders, the Exchange proposes to introduce a new pricing tier, Retail 
Order Step-Up Tier.
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    \5\ A Retail Order is an agency order that originates from a 
natural person and is submitted to the Exchange by an ETP Holder, 
provided that no change is made to the terms of the order to price 
or side of market and the order does not originate from a trading 
algorithm or any other computerized methodology. See Securities 
Exchange Act Release No. 67540 (July 30, 2012), 77 FR 46539 (August 
3, 2012) (SR-NYSEArca-2012-77).
    \6\ U.S. CADV means United States Consolidated Average Daily 
Volume for transactions reported to the Consolidated Tape, excluding 
odd lots through January 31, 2014 (except for purposes of Lead 
Market Maker pricing), and excludes volume on days when the market 
closes early and on the date of the annual reconstitution of the 
Russell Investments Indexes. Transactions that are not reported to 
the Consolidated Tape are not included in U.S. CADV.
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    As proposed, a new Retail Order Step-Up Tier credit of $0.0033 per 
share for Retail Orders that provide liquidity during the month in Tape 
A, Tape B and Tape C Securities would apply to ETP Holders, including 
Market Makers, that execute an ADV of Retail Orders with a time-in-
force designation of Day that add or remove liquidity during the month 
that is an increase of 0.12% or more of the U.S. CADV above their April 
2018 ADV taken as a percentage of U.S. CADV. Retail Orders with a time-
in-force designation of Day that remove liquidity from the Book will 
not be charged a fee. For all other fees and credits, tiered or basic 
rates apply based on a firm's qualifying levels.
    For example, assume an ETP Holder averages 1 million shares in 
Retail Orders with a time-in-force designation of Day that add or 
remove liquidity per day in April, or 0.015% of U.S. CADV, where U.S. 
CADV was 6.6 billion shares.
    If that ETP holder then averages 9 million shares in Retail Orders 
with a time-in-force designation of Day that add or remove liquidity in 
the billing month, or 0.136% of U.S. CADV, where U.S. CADV was also 6.6 
billion shares, that ETP Holder would qualify for the Retail Order 
Step-Up Tier because it would have met the requirement of the proposed 
new pricing tier, i.e., an increase of at least 0.12% of the U.S. CADV 
over the ETP Holder's April 2018 ADV taken as a percentage of U.S. 
CADV, or 0.121% (0.136% in the billing month over 0.015% in the 
baseline month).
    Also assume that same ETP holder averages 5 million shares in 
Retail Order that remove liquidity in Tape A Securities, of which 1 
million shares are in Retail Orders with a time-in-force designation of 
Day. As a result, the 4 million shares in Retail Orders that remove 
liquidity would be subject to the Tape A fee for removing liquidity of 
$0.0030 per share while the 1 million shares in Retail Orders with a 
time-in-force designation of Day would not be charged a fee.
    Further assume that the same ETP Holder qualified for both the 
Cross-Asset Tier 3 credit of $0.0030 per share and the Tape C 
incremental credit of $0.0004 per share and receive a combined credit 
for adding liquidity in Tape C of $0.0034. Since the combined Cross-
Asset Tier and Tape C Tier credit is higher than the proposed Retail 
Order Step-Up Tier, the ETP holder would receive the higher credit of 
$0.0034 per share instead of the Retail Order Step-Up Tier credit of 
$0.0033 per share.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\7\ in general, and furthers the 
objectives of Sections 6(b)(4) and (5) of the Act,\8\ 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.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes it is reasonable to add the new Retail Order 
Step-Up Tier because the Exchange believes it would encourage 
participation from a greater number of ETP Holders, which would promote 
additional liquidity in Retail Orders. In this regard, an ETP Holder 
that does not qualify for the proposed higher credit could still be 
eligible for a credit for its Retail Orders that provide liquidity 
under the current Retail Order Tier or under Basic Rates. The proposed 
new Retail Order Step-Up Tier would create an added financial incentive 
for ETP Holders to bring additional retail flow to a public market. The 
proposed new credit is also reasonable because it would reduce the 
costs of ETP Holders that represent retail flow and potentially also 
reduce costs to their customers.
    The Exchange believes that it is reasonable that only Retail Orders 
with a time-in-force designation of Day that add or remove liquidity 
would count toward qualifying for the Retail Order Step-Up Tier. This 
would largely result in the type of orders to which the corresponding 
credit applies being the same as the volume that counts toward 
qualification--i.e., only Retail Orders with a time-in-force 
designation of Day. The Exchange believes that the proposed threshold 
of 0.12% or more of CADV above the ETP Holder's April 2018 ADV taken as 
a percentage of U.S. CADV is reasonable because it is within a range 
that the Exchange believes would continue to incentivize ETP Holders to 
submit Retail Orders to the Exchange in order to qualify for the 
proposed credit.
    The Exchange believes that the proposed rule change is equitable 
and not unfairly discriminatory because maintaining or increasing the 
proportion of Retail Orders in exchange-listed securities that are 
executed on a registered national securities exchange (rather than 
relying on certain available off-exchange execution methods) would 
contribute to investors' confidence in the fairness of their 
transactions and would benefit all investors by deepening the 
Exchange's liquidity pool, supporting the quality of price discovery, 
promoting market transparency and improving investor protection. This 
aspect of the proposed

[[Page 23985]]

rule change also is consistent with the Act because all similarly 
situated ETP Holders would pay the same rate, as is currently the case, 
and because all ETP Holders would be eligible to qualify for the rates 
by satisfying the related threshold, where applicable. Furthermore, the 
submission of Retail Orders is optional for ETP Holders, in that an ETP 
Holder could choose whether to submit Retail Orders and, if it does, 
the extent of its activity in this regard.
    For the foregoing 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 
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. Instead, the Exchange believes that the proposed 
rule change would encourage the submission of additional liquidity to a 
public exchange, thereby promoting price discovery and transparency and 
enhancing order execution opportunities for ETP Holders and Market 
Makers. The Exchange believes that this could promote competition 
between the Exchange and other execution venues, including those that 
currently offer comparable transaction pricing, by encouraging 
additional orders to be sent to the Exchange for execution. The 
Exchange also believes that the proposed rule change is consistent with 
the Act because it strikes an appropriate balance between fees and 
credits, which will encourage submission of orders to the Exchange, 
thereby promoting competition.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b)(8).
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    The Exchange notes that it operates in a highly competitive market 
in which market participants can readily favor competing venues if they 
deem fee levels at a particular venue to be excessive or rebate 
opportunities available at other venues to be more favorable. In such 
an environment, the Exchange must continually adjust its fees and 
rebates to remain competitive with other exchanges and to attract order 
flow to the Exchange. Because competitors are free to modify their own 
fees and credits in response, and because market participants may 
readily adjust their order routing practices, the Exchange believes 
that the degree to which fee changes in this market may impose any 
burden on competition is extremely limited. As a result of all of these 
considerations, the Exchange does not believe that the proposed changes 
will impair the ability of ETP Holders 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) \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.
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(2).
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    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.
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    \12\ 15 U.S.C. 78s(b)(2)(B).
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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-NYSEArca-2018-34 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-NYSEArca-2018-34. 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 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-NYSEArca-2018-34, and should be 
submitted on or before June 13, 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. 2018-10969 Filed 5-22-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                           Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices                                                     23983

                                               prices that are significantly worse than                post all comments on the Commission’s                  VI. Conclusion
                                               the NBBO at the time of an order’s                      internet website (http://www.sec.gov/                    It is therefore ordered, pursuant to
                                               submission and may reduce the                           rules/sro.shtml). Copies of the                        Section 19(b)(2) of the Exchange Act,27
                                               potential negative impacts of                           submission, all subsequent                             that the proposed rule change (SR–
                                               unanticipated volatility in individual                  amendments, all written statements                     MRX–2018–08), as modified by
                                               options.25 The Commission notes that                    with respect to the proposed rule                      Amendment No. 1 thereto, be, and it
                                               the proposed rule change extends the                    change that are filed with the                         hereby is, approved on an accelerated
                                               application of the ATR to orders that                   Commission, and all written                            basis.
                                               route away immediately upon entry,                      communications relating to the
                                               thus offering these orders the same                     proposed rule change between the                         For the Commission, by the Division of
                                               protections that the ATR provides to                    Commission and any person, other than                  Trading and Markets, pursuant to delegated
                                                                                                                                                              authority.28
                                               orders that first trade on the Exchange                 those that may be withheld from the
                                               before being routed. The Commission                     public in accordance with the                          Eduardo A. Aleman,
                                               also believes that recalculating the ATR                provisions of 5 U.S.C. 552, will be                    Assistant Secretary.
                                               for orders routed to away markets                       available for website viewing and                      [FR Doc. 2018–10980 Filed 5–22–18; 8:45 am]
                                               pursuant to the Supplementary Material                  printing in the Commission’s Public                    BILLING CODE 8011–01–P
                                               to Rule 1901, if the applicable NBB or                  Reference Room, 100 F Street NE,
                                               NBO price is improved at the time the                   Washington, DC 20549, on official
                                               order is routed, should help provide                    business days between the hours of                     SECURITIES AND EXCHANGE
                                               such orders with a price protection that                10:00 a.m. and 3:00 p.m. Copies of the                 COMMISSION
                                               better reflects the NBB or NBO. The                     filing also will be available for
                                               Commission further believes that the                    inspection and copying at the principal                [Release No. 34–83268; File No. SR–
                                               proposed rule change will provide                       office of the Exchange. All comments                   NYSEArca–2018–34]
                                               transparency and enhance investors’                     received will be posted without change.                Self-Regulatory Organizations; NYSE
                                               understanding of the operation of the                   Persons submitting comments are                        Arca, Inc.; Notice of Filing and
                                               ATR. The Commission notes that the                      cautioned that we do not redact or edit                Immediate Effectiveness of Proposed
                                               Exchange will continue to use the NBB                   personal identifying information from                  Rule Change To Amend the NYSE Arca
                                               or NBO as the reference price for the                   comment submissions. You should                        Equities Fees and Charges
                                               ATR. For these reasons, the Commission                  submit only information that you wish
                                               believes that the proposed rule change,                 to make available publicly. All                        May 17, 2018.
                                               as modified by Amendment No. 1, is                      submissions should refer to File                          Pursuant to Section 19(b)(1) 1 of the
                                               consistent with the Act.                                Number SR–MRX–2018–08 and should                       Securities Exchange Act of 1934 (the
                                                                                                       be submitted on or before June 13, 2018.               ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                               III. Solicitation of Comments on
                                               Amendment No. 1                                         V. Accelerated Approval of Proposed                    notice is hereby given that, on May 9,
                                                                                                       Rule Change, as Modified by                            2018, NYSE Arca, Inc. (the ‘‘Exchange’’
                                                 Interested persons are invited to                                                                            or ‘‘NYSE Arca’’) filed with the
                                               submit written data, views, and                         Amendment No. 1
                                                                                                                                                              Securities and Exchange Commission
                                               arguments concerning the foregoing,                        The Commission finds good cause to                  (the ‘‘Commission’’) the proposed rule
                                               including whether Amendment No. 1 to                    approve the proposed rule change, as                   change as described in Items I, II, and
                                               the proposed rule change is consistent                  modified by Amendment No. 1, prior to                  III below, which Items have been
                                               with the Exchange Act. Comments may                     the 30th day after the date of                         prepared by the self-regulatory
                                               be submitted by any of the following                    publication of notice of Amendment No.                 organization. The Commission is
                                               methods:                                                1 in the Federal Register. As discussed                publishing this notice to solicit
                                               Electronic Comments                                     above, Amendment No. 1 adds detail to                  comments on the proposed rule change
                                                                                                       the proposal and the proposed rule text                from interested persons.
                                                 • Use the Commission’s internet                       regarding the operation of the ATR.
                                               comment form (http://www.sec.gov/                                                                              I. Self-Regulatory Organization’s
                                                                                                       Amendment No. 1 revises the proposed
                                               rules/sro.shtml); or                                                                                           Statement of the Terms of the Substance
                                                                                                       rule text to specify that for orders routed
                                                 • Send an email to rule-comments@                     to away markets pursuant to the
                                                                                                                                                              of the Proposed Rule Change
                                               sec.gov. Please include File Number SR–                 Supplementary Material to Rule 1901, if                   The Exchange proposes to amend the
                                               MRX–2018–08 on the subject line.                        the applicable NBB or NBO price is                     NYSE Arca Equities Fees and Charges
                                               Paper Comments                                          improved at the time the order is routed,              (‘‘Fee Schedule’’) to introduce a new
                                                                                                       a new ATR will be calculated based on                  pricing tier, Retail Order Step-Up Tier.
                                                 • Send paper comments in triplicate                   the reference price at that time.                      The Exchange proposes to implement
                                               to Secretary, Securities and Exchange                   Amendment No. 1 also sets forth                        the fee change effective May 9, 2018.4
                                               Commission, 100 F Street NE,                            additional justification for the proposed              The proposed rule change is available
                                               Washington, DC 20549–1090.                              rule change. The Commission believes                   on the Exchange’s website at
                                               All submissions should refer to File                    that these revisions provide greater                   www.nyse.com, at the principal office of
                                               Number SR–MRX–2018–08. This file                        clarity with respect to the current and                the Exchange, and at the Commission’s
                                               number should be included on the                        proposed application of the ATR for                    Public Reference Room.
                                               subject line if email is used. To help the              routed away orders. Accordingly, the
daltland on DSKBBV9HB2PROD with NOTICES




                                               Commission process and review your                      Commission finds good cause, pursuant                    27 15 U.S.C. 78s(b)(2).
                                               comments more efficiently, please use                   to Section 19(b)(2) of the Exchange                      28 17 CFR 200.30–3(a)(12).
                                               only one method. The Commission will                    Act,26 to approve the proposed rule                      1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                2 15 U.S.C. 78a.
                                                                                                       change, as modified by Amendment No.                     3 17 CFR 240.19b–4.
                                                  25 See Securities Exchange Act Release No. 81204
                                                                                                       1 on an accelerated basis.
                                               (July 25, 2017), 82 FR 35557, 35559–60 (July 31,                                                                 4 The Exchange originally filed to amend the Fee

                                               2017) (SR–MRX–2017–02) (Order approving, among                                                                 Schedule on May 1, 2018 (SR–NYSEArca–2018–30)
                                               other things, proposal to establish ATR).                26 15   U.S.C. 78s(b)(2).                             and withdrew such filing on May 9, 2018.



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                                               23984                        Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices

                                               II. Self-Regulatory Organization’s                      time-in-force designation of Day that                  6(b)(4) and (5) of the Act,8 in particular,
                                               Statement of the Purpose of, and                        add or remove liquidity during the                     because it provides for the equitable
                                               Statutory Basis for, the Proposed Rule                  month that is an increase of 0.12% or                  allocation of reasonable dues, fees, and
                                               Change                                                  more of the U.S. CADV above their                      other charges among its members,
                                                 In its filing with the Commission, the                April 2018 ADV taken as a percentage                   issuers and other persons using its
                                                                                                       of U.S. CADV. Retail Orders with a                     facilities and does not unfairly
                                               self-regulatory organization included
                                                                                                       time-in-force designation of Day that                  discriminate between customers,
                                               statements concerning the purpose of,
                                                                                                       remove liquidity from the Book will not                issuers, brokers or dealers.
                                               and basis for, the proposed rule change
                                                                                                       be charged a fee. For all other fees and                  The Exchange believes it is reasonable
                                               and discussed any comments it received                                                                         to add the new Retail Order Step-Up
                                               on the proposed rule change. The text                   credits, tiered or basic rates apply based
                                                                                                       on a firm’s qualifying levels.                         Tier because the Exchange believes it
                                               of those statements may be examined at                                                                         would encourage participation from a
                                               the places specified in Item IV below.                     For example, assume an ETP Holder
                                                                                                       averages 1 million shares in Retail                    greater number of ETP Holders, which
                                               The Exchange has prepared summaries,                                                                           would promote additional liquidity in
                                               set forth in sections A, B, and C below,                Orders with a time-in-force designation
                                                                                                       of Day that add or remove liquidity per                Retail Orders. In this regard, an ETP
                                               of the most significant parts of such                                                                          Holder that does not qualify for the
                                               statements.                                             day in April, or 0.015% of U.S. CADV,
                                                                                                       where U.S. CADV was 6.6 billion                        proposed higher credit could still be
                                               A. Self-Regulatory Organization’s                       shares.                                                eligible for a credit for its Retail Orders
                                               Statement of the Purpose of, and                           If that ETP holder then averages 9                  that provide liquidity under the current
                                               Statutory Basis for, the Proposed Rule                  million shares in Retail Orders with a                 Retail Order Tier or under Basic Rates.
                                               Change                                                  time-in-force designation of Day that                  The proposed new Retail Order Step-Up
                                                                                                       add or remove liquidity in the billing                 Tier would create an added financial
                                               1. Purpose                                                                                                     incentive for ETP Holders to bring
                                                                                                       month, or 0.136% of U.S. CADV, where
                                                  The Exchange proposes to amend the                   U.S. CADV was also 6.6 billion shares,                 additional retail flow to a public market.
                                               Fee Schedule, as described below, to                    that ETP Holder would qualify for the                  The proposed new credit is also
                                               introduce a new pricing tier, Retail                    Retail Order Step-Up Tier because it                   reasonable because it would reduce the
                                               Order Step-Up Tier.                                     would have met the requirement of the                  costs of ETP Holders that represent
                                                  The Exchange currently provides a                    proposed new pricing tier, i.e., an                    retail flow and potentially also reduce
                                               credit of $0.0033 per share under the                   increase of at least 0.12% of the U.S.                 costs to their customers.
                                               Retail Order Tier for Retail Orders 5 that                                                                        The Exchange believes that it is
                                                                                                       CADV over the ETP Holder’s April 2018
                                               provide liquidity during the month in                                                                          reasonable that only Retail Orders with
                                                                                                       ADV taken as a percentage of U.S.
                                               Tape A, Tape B and Tape C Securities                                                                           a time-in-force designation of Day that
                                                                                                       CADV, or 0.121% (0.136% in the billing
                                               to ETP Holders, including Market                                                                               add or remove liquidity would count
                                                                                                       month over 0.015% in the baseline
                                               Makers, that execute an average daily                                                                          toward qualifying for the Retail Order
                                                                                                       month).                                                Step-Up Tier. This would largely result
                                               volume (‘‘ADV’’) of Retail Orders that                     Also assume that same ETP holder
                                               provide liquidity during the month that                                                                        in the type of orders to which the
                                                                                                       averages 5 million shares in Retail Order              corresponding credit applies being the
                                               is 0.15% or more of U.S. consolidated                   that remove liquidity in Tape A
                                               ADV (‘‘CADV’’).6 For all other fees and                                                                        same as the volume that counts toward
                                                                                                       Securities, of which 1 million shares are              qualification—i.e., only Retail Orders
                                               credits, tiered or basic rates apply based              in Retail Orders with a time-in-force
                                               on a firm’s qualifying levels. In order to                                                                     with a time-in-force designation of Day.
                                                                                                       designation of Day. As a result, the 4                 The Exchange believes that the
                                               encourage participation from a greater                  million shares in Retail Orders that
                                               number of ETP Holders, and promote                                                                             proposed threshold of 0.12% or more of
                                                                                                       remove liquidity would be subject to the               CADV above the ETP Holder’s April
                                               additional liquidity in Retail Orders, the              Tape A fee for removing liquidity of
                                               Exchange proposes to introduce a new                                                                           2018 ADV taken as a percentage of U.S.
                                                                                                       $0.0030 per share while the 1 million                  CADV is reasonable because it is within
                                               pricing tier, Retail Order Step-Up Tier.                shares in Retail Orders with a time-in-
                                                  As proposed, a new Retail Order Step-                                                                       a range that the Exchange believes
                                                                                                       force designation of Day would not be                  would continue to incentivize ETP
                                               Up Tier credit of $0.0033 per share for                 charged a fee.
                                               Retail Orders that provide liquidity                                                                           Holders to submit Retail Orders to the
                                                                                                          Further assume that the same ETP                    Exchange in order to qualify for the
                                               during the month in Tape A, Tape B and                  Holder qualified for both the Cross-
                                               Tape C Securities would apply to ETP                                                                           proposed credit.
                                                                                                       Asset Tier 3 credit of $0.0030 per share                  The Exchange believes that the
                                               Holders, including Market Makers, that                  and the Tape C incremental credit of                   proposed rule change is equitable and
                                               execute an ADV of Retail Orders with a                  $0.0004 per share and receive a                        not unfairly discriminatory because
                                                 5 A Retail Order is an agency order that originates
                                                                                                       combined credit for adding liquidity in                maintaining or increasing the
                                               from a natural person and is submitted to the           Tape C of $0.0034. Since the combined                  proportion of Retail Orders in exchange-
                                               Exchange by an ETP Holder, provided that no             Cross-Asset Tier and Tape C Tier credit                listed securities that are executed on a
                                               change is made to the terms of the order to price       is higher than the proposed Retail Order               registered national securities exchange
                                               or side of market and the order does not originate      Step-Up Tier, the ETP holder would
                                               from a trading algorithm or any other computerized
                                                                                                                                                              (rather than relying on certain available
                                               methodology. See Securities Exchange Act Release        receive the higher credit of $0.0034 per               off-exchange execution methods) would
                                               No. 67540 (July 30, 2012), 77 FR 46539 (August 3,       share instead of the Retail Order Step-                contribute to investors’ confidence in
                                               2012) (SR–NYSEArca–2012–77).                            Up Tier credit of $0.0033 per share.                   the fairness of their transactions and
                                                 6 U.S. CADV means United States Consolidated
                                                                                                       2. Statutory Basis                                     would benefit all investors by
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                                               Average Daily Volume for transactions reported to
                                               the Consolidated Tape, excluding odd lots through                                                              deepening the Exchange’s liquidity
                                               January 31, 2014 (except for purposes of Lead             The Exchange believes that the                       pool, supporting the quality of price
                                               Market Maker pricing), and excludes volume on           proposed rule change is consistent with                discovery, promoting market
                                               days when the market closes early and on the date       Section 6(b) of the Act,7 in general, and              transparency and improving investor
                                               of the annual reconstitution of the Russell             furthers the objectives of Sections
                                               Investments Indexes. Transactions that are not                                                                 protection. This aspect of the proposed
                                               reported to the Consolidated Tape are not included
                                               in U.S. CADV.                                            7 15   U.S.C. 78f(b).                                   8 15   U.S.C. 78f(b)(4) and (5).



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                                                                              Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices                                                    23985

                                               rule change also is consistent with the                    not believe that the proposed changes                  subject line if email is used. To help the
                                               Act because all similarly situated ETP                     will impair the ability of ETP Holders or              Commission process and review your
                                               Holders would pay the same rate, as is                     competing order execution venues to                    comments more efficiently, please use
                                               currently the case, and because all ETP                    maintain their competitive standing in                 only one method. The Commission will
                                               Holders would be eligible to qualify for                   the financial markets.                                 post all comments on the Commission’s
                                               the rates by satisfying the related                                                                               internet website (http://www.sec.gov/
                                               threshold, where applicable.                               C. Self-Regulatory Organization’s
                                                                                                                                                                 rules/sro.shtml). Copies of the
                                               Furthermore, the submission of Retail                      Statement on Comments on the
                                                                                                                                                                 submission, all subsequent
                                               Orders is optional for ETP Holders, in                     Proposed Rule Change Received From
                                                                                                                                                                 amendments, all written statements
                                               that an ETP Holder could choose                            Members, Participants, or Others
                                                                                                                                                                 with respect to the proposed rule
                                               whether to submit Retail Orders and, if                      No written comments were solicited                   change that are filed with the
                                               it does, the extent of its activity in this                or received with respect to the proposed               Commission, and all written
                                               regard.                                                    rule change.                                           communications relating to the
                                                  For the foregoing reasons, the                                                                                 proposed rule change between the
                                               Exchange believes that the proposal is                     III. Date of Effectiveness of the
                                                                                                          Proposed Rule Change and Timing for                    Commission and any person, other than
                                               consistent with the Act.                                                                                          those that may be withheld from the
                                                                                                          Commission Action
                                               B. Self-Regulatory Organization’s                                                                                 public in accordance with the
                                                                                                             The foregoing rule change is effective              provisions of 5 U.S.C. 552, will be
                                               Statement on Burden on Competition
                                                                                                          upon filing pursuant to Section                        available for website viewing and
                                                  In accordance with Section 6(b)(8) of                   19(b)(3)(A) 10 of the Act and                          printing in the Commission’s Public
                                               the Act,9 the Exchange believes that the                   subparagraph (f)(2) of Rule 19b–4 11                   Reference Room, 100 F Street NE,
                                               proposed rule change would not impose                      thereunder, because it establishes a due,              Washington, DC 20549 on official
                                               any burden on competition that is not                      fee, or other charge imposed by the                    business days between the hours of
                                               necessary or appropriate in furtherance                    Exchange.                                              10:00 a.m. and 3:00 p.m. Copies of such
                                               of the purposes of the Act. Instead, the                      At any time within 60 days of the                   filing also will be available for
                                               Exchange believes that the proposed                        filing of such proposed rule change, the               inspection and copying at the principal
                                               rule change would encourage the                            Commission summarily may                               office of the Exchange. All comments
                                               submission of additional liquidity to a                    temporarily suspend such rule change if                received will be posted without change.
                                               public exchange, thereby promoting                         it appears to the Commission that such                 Persons submitting comments are
                                               price discovery and transparency and                       action is necessary or appropriate in the              cautioned that we do not redact or edit
                                               enhancing order execution                                  public interest, for the protection of                 personal identifying information from
                                               opportunities for ETP Holders and                          investors, or otherwise in furtherance of
                                               Market Makers. The Exchange believes                                                                              comment submissions. You should
                                                                                                          the purposes of the Act. If the                        submit only information that you wish
                                               that this could promote competition                        Commission takes such action, the
                                               between the Exchange and other                                                                                    to make available publicly. All
                                                                                                          Commission shall institute proceedings                 submissions should refer to File
                                               execution venues, including those that                     under Section 19(b)(2)(B) 12 of the Act to
                                               currently offer comparable transaction                                                                            Number SR–NYSEArca–2018–34, and
                                                                                                          determine whether the proposed rule                    should be submitted on or before June
                                               pricing, by encouraging additional                         change should be approved or
                                               orders to be sent to the Exchange for                                                                             13, 2018.
                                                                                                          disapproved.
                                               execution. The Exchange also believes                                                                               For the Commission, by the Division of
                                               that the proposed rule change is                           IV. Solicitation of Comments                           Trading and Markets, pursuant to delegated
                                               consistent with the Act because it                                                                                authority.13
                                                                                                            Interested persons are invited to
                                               strikes an appropriate balance between                     submit written data, views, and                        Eduardo A. Aleman,
                                               fees and credits, which will encourage                     arguments concerning the foregoing,                    Assistant Secretary.
                                               submission of orders to the Exchange,                      including whether the proposed rule                    [FR Doc. 2018–10969 Filed 5–22–18; 8:45 am]
                                               thereby promoting competition.                             change is consistent with the Act.                     BILLING CODE 8011–01–P
                                                  The Exchange notes that it operates in                  Comments may be submitted by any of
                                               a highly competitive market in which                       the following methods:
                                               market participants can readily favor
                                               competing venues if they deem fee                          Electronic Comments                                    SELECTIVE SERVICE SYSTEM
                                               levels at a particular venue to be                           • Use the Commission’s internet                      Forms Submitted to the Office of
                                               excessive or rebate opportunities                          comment form (http://www.sec.gov/                      Management and Budget for Extension
                                               available at other venues to be more                       rules/sro.shtml); or                                   of Clearance
                                               favorable. In such an environment, the                       • Send an email to rule-comments@
                                               Exchange must continually adjust its                       sec.gov. Please include File Number SR–                AGENCY:     Selective Service System.
                                               fees and rebates to remain competitive                     NYSEArca–2018–34 on the subject line.                  ACTION:     Notice.
                                               with other exchanges and to attract
                                               order flow to the Exchange. Because                        Paper Comments                                           The following form has been
                                               competitors are free to modify their own                      • Send paper comments in triplicate                 submitted to the Office of Management
                                               fees and credits in response, and                          to Brent J. Fields, Secretary, Securities              and Budget (OMB) for extension of
                                               because market participants may readily                    and Exchange Commission, 100 F Street                  clearance with change in compliance
                                               adjust their order routing practices, the                  NE, Washington, DC 20549–1090.                         with the Paperwork Reduction Act (44
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                                               Exchange believes that the degree to                       All submissions should refer to File                   U.S.C. Chapter 35):
                                               which fee changes in this market may                       Number SR–NYSEArca–2018–34. This                       SSS Form 1
                                               impose any burden on competition is                        file number should be included on the
                                               extremely limited. As a result of all of                                                                            Title: The Selective Service System
                                               these considerations, the Exchange does                     10 15 U.S.C. 78s(b)(3)(A).                            Registration Form.
                                                                                                           11 17 CFR 240.19b–4(f)(2).
                                                 9 15   U.S.C. 78f(b)(8).                                  12 15 U.S.C. 78s(b)(2)(B).                              13 17   CFR 200.30–3(a)(12).



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Document Created: 2018-05-22 23:48:16
Document Modified: 2018-05-22 23:48:16
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 23983 

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