83_FR_28597 83 FR 28479 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its Price List

83 FR 28479 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its Price List

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 118 (June 19, 2018)

Page Range28479-28481
FR Document2018-13083

Federal Register, Volume 83 Issue 118 (Tuesday, June 19, 2018)
[Federal Register Volume 83, Number 118 (Tuesday, June 19, 2018)]
[Notices]
[Pages 28479-28481]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13083]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83424; File No. SR-NYSE-2018-27]


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

June 13, 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 June 1, 2018, New York Stock Exchange LLC (``NYSE'' or 
the ``Exchange'') filed with the Securities and Exchange Commission 
(the ``Commission'') the proposed rule change as described in Items I, 
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend its Price List to (1) add a new 
incentive for member organizations and Supplemental Liquidity Providers 
(``SLP'') in Tape A securities when adding liquidity in securities 
traded pursuant to Unlisted Trading Privileges (``UTP'') (Tapes B and 
C) on the Pillar Trading Platform; (2) add a new Tier 4 for SLPs; and 
(3) make non-substantive changes to eliminate obsolete footnotes. The 
Exchange proposes to implement these changes to its Price List 
effective June 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 Exchange proposes to amend its Price List to (1) add a new 
incentive for member organizations and SLPs on Tape A when adding 
liquidity in UTP Securities (Tapes B and C) on the Pillar Trading 
Platform; (2) add a new Tier 4 for SLPs; and (3) make non-substantive 
changes to eliminate obsolete footnotes.
    The Exchange proposes to implement these changes to its Price List 
effective June 1, 2018.
New Cross Tape Incentive
    The Exchange proposes an additional incentive to member 
organizations and SLPs in Tape A securities that add liquidity to the 
Exchange in UTP Securities, as follows.
    As proposed, member organizations that meet the current 
requirements for the Non-Tier Adding Credit, Tier 3 Adding Credit, and 
Tier 4 Adding Credit on Tape A would be eligible to receive an 
additional $0.0001 per share if the member organization adds liquidity, 
excluding liquidity added as an SLP, in UTP Securities of at least 
0.20% of Tape B and Tape C consolidated average daily volume (``CADV'') 
combined.
    Similarly, SLPs that (1) meet the current requirements for SLP Tier 
3, SLP Tier 2 and SLP Tier 1A credits, and (2) add liquidity in UTP 
Securities of at least 0.30% of Tape B and Tape C CADV combined, would 
be eligible for an additional $0.0001 per share in securities with a 
per share price of $1.00 or more that meet the 10% average or more 
quoting requirement in an assigned security pursuant to Rule 107B 
(quotes of an SLP-Prop and an SLMM of the same member organization 
would not be aggregated).
New SLP Tier 4
    The Exchange proposes a new, fifth SLP Tier designated ``4'' that 
would provide that an SLP that either (1) is in the first two calendar 
months as an SLP, or (2) adds liquidity for all assigned SLP securities 
in the aggregate (including shares of both an SLP-Prop and an SLMM \4\ 
of the same or an affiliated member organization) of an ADV of more 
than 0.03% of NYSE CADV after averaging less an adding ADV \5\ of than 
0.01% in each of the prior 3 months, after a discount of the percentage 
for the prior quarter of NYSE CADV in DMM assigned securities as of the 
last business day of the prior month, would receive a credit of 
$0.0029, or $0.00105 if a Non-Displayed Reserve Order, if the SLP meets 
the 10% average or more quoting requirement in an assigned security 
pursuant to Rule 107B when adding liquidity to the NYSE with orders, 
other than Mid-Point Liquidity (``MPL'') orders, in securities with a 
per share price of $1.00 or more. For

[[Page 28480]]

purposes of qualifying for the proposed Tier, quotes of an SLP-Prop and 
an SLMM of the same member organization would not be aggregated. The 
Exchange believes that the new tier will provide greater incentives for 
newer and less active SLPs to add liquidity to the Exchange.
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    \4\ Under Rule 107B, an SLP can be either a proprietary trading 
unit of a member organization (``SLP-Prop'') or a registered market 
maker at the Exchange (``SLMM''). For purposes of the 10% average or 
more quoting requirement in assigned securities pursuant to Rule 
107B, quotes of an SLP-Prop and an SLMM of the same member 
organization are not aggregated. However, for purposes of adding 
liquidity for assigned SLP securities in the aggregate, shares of 
both an SLP-Prop and an SLMM of the same member organization are 
included.
    \5\ The phrase ``Adding ADV'' in the proposed tier would have a 
citation to footnote 4 in the current Price List, which provides 
``For purposes of transaction fees and Supplemental Liquidity 
Provider liquidity credits, ADV calculations exclude early closing 
days.'' The text of current footnote 4 would remain unchanged.
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Non-Substantive Changes
    Currently, as reflected in footnote * to the section of the Price 
List setting forth adding tiers for trading UTP Securities,\6\ the 
Exchange waives the Tier 1 adding tier requirement and the remove tier 
requirements for securities priced at or above $1.00 until June 1, 
2018. Similarly, as reflected in footnote ** of the section of the 
Price List setting forth the SLP Provide Tiers for trading in UTP 
Securities, the Exchange also currently waives the provide volume 
component of the SLP Tier requirements for securities priced at or 
above $1.00 until June 1, 2018. Because the waivers set forth in 
footnotes * and ** expire on June 1, 2018, and the Exchange does not 
propose to extend the waivers, the Exchange accordingly proposes to 
delete footnotes * and ** as obsolete.
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    \6\ The term ``UTP Security'' means a security that is listed on 
a national securities exchange other than the Exchange and that 
trades on the Exchange pursuant to unlisted trading privileges. See 
Rule 1.1(ii).
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* * * * *
    The proposed changes are not otherwise intended to address any 
other issues, and the Exchange is not aware of any problems that member 
organizations would have in complying with the proposed change.
2. Statutory Basis
    The 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 6(b)(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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4) & (5).
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New Cross Tape Incentive
    The Exchange believes that providing an additional incentive in 
Tape A securities for member organizations that add liquidity in UTP 
Securities is reasonable because it would further contribute to 
incenting member organizations to provide additional liquidity to a 
public exchange in UTP Securities, thereby promoting price discovery 
and transparency and enhancing order execution opportunities for member 
organizations. The Exchange believes that that the proposal is 
reasonable and not unfairly discriminatory because it would apply to 
all member organizations eligible for the relevant Tape A tier credits 
equally. The Exchange further believes that limiting the additional 
credit to Non-Tier, Adding Tier 3 and Adding Tier 4 is reasonable 
because members qualifying for Adding Tier 1 and Adding Tier 2 would 
already receive a higher credit for such executions. Similarly, the 
Exchange believes that limiting the additional credit to SLP Tier 3, 
SLP Tier 2 and SLP Tier 1A is reasonable because SLPs qualifying for 
SLP Tier 1 would already receive a higher credit for such executions.
New SLP Tier 4
    The Exchange believes that the proposal to introduce a new SLP Tier 
4 is reasonable because it provides SLPs as well as SLPs that are also 
DMMs with an additional way to qualify for a rebate, thereby providing 
SLPs with greater flexibility and creating an added incentive for SLPs 
to bring additional order flow to a public market. In particular, as 
noted above, the Exchange believes that the new tier will provide 
greater incentives for newer and less active SLPs to add liquidity to 
the Exchange, to the benefit of the investing public and all market 
participants. Moreover, offering a higher credit for the first two 
months would provide an incentive for new and less active SLPs to add 
liquidity and meet the SLP quoting requirements, thereby contributing 
to additional levels of liquidity at the Exchange, which benefits all 
market participants. The Exchange also believes that the two-month 
period for new SLPs and inactive SLPs to qualify for the new tier is 
reasonable because it will allow newer and less active SLPs more time 
to meet the SLP volume requirements while building up the SLPs' 
liquidity providing activities during the first two months. Finally, 
the Exchange believes that the proposed tier is equitable and not 
unfairly discriminatory because it would apply equally to all SLPs and 
because there are two ways to qualify for the proposed tier.
Non-Substantive Changes
    The Exchange believes that the proposed deletion of footnotes * and 
** removes impediments to and perfects the mechanism of a free and open 
market by adding clarity as to whether waivers are operative and when, 
thereby reducing potential confusion, and making the Exchange's rules 
easier to navigate. The Exchange also believes that eliminating 
obsolete material from its rulebook also removes impediments to and 
perfects the mechanism of a free and open market by removing confusion 
that may result from having obsolete material in the Exchange's 
rulebook. The Exchange believes that eliminating such obsolete material 
would not be inconsistent with the public interest and the protection 
of investors because investors will not be harmed and in fact would 
benefit from increased transparency, thereby reducing potential 
confusion.
    Finally, the Exchange believes that it is subject to significant 
competitive forces, as described below in the Exchange's statement 
regarding the burden on competition.
    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 
change would foster liquidity provision and stability in the 
marketplace, thereby promoting price discovery and transparency and 
enhancing order execution opportunities for member organizations. In 
this regard, the Exchange believes that the transparency and 
competitiveness of attracting additional executions on an exchange 
market would encourage competition. The Exchange also believes that the 
proposed rule change is designed to provide the public and investors 
with a Price List that is clear and consistent, thereby reducing 
burdens on the marketplace and facilitating investor protection.
---------------------------------------------------------------------------

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

    Finally, the Exchange notes that it operates in a highly 
competitive market in which market participants can readily favor 
competing venues if they deem fee levels at a particular venue to be 
excessive or rebate opportunities available at other venues to be more 
favorable. In such an environment, the Exchange must continually adjust 
its fees and rebates to remain competitive with other exchanges and 
with alternative trading systems that have been exempted from 
compliance with the statutory standards applicable to exchanges. 
Because competitors are free to modify their own fees and credits in

[[Page 28481]]

response, and because market participants may readily adjust their 
order routing practices, the Exchange believes that the degree to which 
fee changes in this market may impose any burden on competition is 
extremely limited. As a result of all of these considerations, the 
Exchange does not believe that the proposed changes will impair the 
ability of member organizations or competing order execution venues to 
maintain their competitive standing in the financial markets.

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

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

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

    The foregoing rule change is effective upon filing pursuant to 
Section 19(b)(3)(A) \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. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSE-2018-27 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2018-27. 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 Number SR-NYSE-2018-27 and should be submitted on 
or before July 10, 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).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-13083 Filed 6-18-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Notices                                                    28479

                                               internet website (http://www.sec.gov/                   Items I, II, and III below, which Items                  As proposed, member organizations
                                               rules/sro.shtml). Copies of the                         have been prepared by the self-                        that meet the current requirements for
                                               submission, all subsequent                              regulatory organization. The                           the Non-Tier Adding Credit, Tier 3
                                               amendments, all written statements                      Commission is publishing this notice to                Adding Credit, and Tier 4 Adding Credit
                                               with respect to the proposed rule                       solicit comments on the proposed rule                  on Tape A would be eligible to receive
                                               change that are filed with the                          change from interested persons.                        an additional $0.0001 per share if the
                                               Commission, and all written                                                                                    member organization adds liquidity,
                                                                                                       I. Self-Regulatory Organization’s
                                               communications relating to the                                                                                 excluding liquidity added as an SLP, in
                                                                                                       Statement of the Terms of Substance of
                                               proposed rule change between the                                                                               UTP Securities of at least 0.20% of Tape
                                                                                                       the Proposed Rule Change
                                               Commission and any person, other than                                                                          B and Tape C consolidated average daily
                                               those that may be withheld from the                        The Exchange proposes to amend its                  volume (‘‘CADV’’) combined.
                                               public in accordance with the                           Price List to (1) add a new incentive for                Similarly, SLPs that (1) meet the
                                               provisions of 5 U.S.C. 552, will be                     member organizations and                               current requirements for SLP Tier 3,
                                               available for website viewing and                       Supplemental Liquidity Providers                       SLP Tier 2 and SLP Tier 1A credits, and
                                               printing in the Commission’s Public                     (‘‘SLP’’) in Tape A securities when                    (2) add liquidity in UTP Securities of at
                                               Reference Room, 100 F Street NE,                        adding liquidity in securities traded                  least 0.30% of Tape B and Tape C CADV
                                               Washington, DC 20549, on official                       pursuant to Unlisted Trading Privileges                combined, would be eligible for an
                                               business days between the hours of                      (‘‘UTP’’) (Tapes B and C) on the Pillar                additional $0.0001 per share in
                                               10:00 a.m. and 3:00 p.m. Copies of these                Trading Platform; (2) add a new Tier 4                 securities with a per share price of $1.00
                                               filings also will be available for                      for SLPs; and (3) make non-substantive                 or more that meet the 10% average or
                                               inspection and copying at the principal                 changes to eliminate obsolete footnotes.               more quoting requirement in an
                                               office of the Exchange. All comments                    The Exchange proposes to implement                     assigned security pursuant to Rule 107B
                                               received will be posted without change.                 these changes to its Price List effective              (quotes of an SLP-Prop and an SLMM of
                                               Persons submitting comments are                         June 1, 2018. The proposed rule change                 the same member organization would
                                               cautioned that we do not redact or edit                 is available on the Exchange’s website at              not be aggregated).
                                               personal identifying information from                   www.nyse.com, at the principal office of
                                               comment submissions. You should                         the Exchange, and at the Commission’s                  New SLP Tier 4
                                               submit only information that you wish                   Public Reference Room.                                    The Exchange proposes a new, fifth
                                               to make available publicly. All                         II. Self-Regulatory Organization’s                     SLP Tier designated ‘‘4’’ that would
                                               submissions should refer to File                        Statement of the Purpose of, and                       provide that an SLP that either (1) is in
                                               Number SR–CHX–2018–001 and should                       Statutory Basis for, the Proposed Rule                 the first two calendar months as an SLP,
                                               be submitted on or before July 10, 2018.                Change                                                 or (2) adds liquidity for all assigned SLP
                                               Rebuttal comments should be submitted                                                                          securities in the aggregate (including
                                               by July 24, 2018.                                          In its filing with the Commission, the              shares of both an SLP-Prop and an
                                                                                                       self-regulatory organization included                  SLMM 4 of the same or an affiliated
                                                 For the Commission, by the Division of                statements concerning the purpose of,
                                               Trading and Markets, pursuant to delegated                                                                     member organization) of an ADV of
                                                                                                       and basis for, the proposed rule change
                                               authority.39                                                                                                   more than 0.03% of NYSE CADV after
                                                                                                       and discussed any comments it received
                                               Eduardo A. Aleman,                                                                                             averaging less an adding ADV 5 of than
                                                                                                       on the proposed rule change. The text
                                               Assistant Secretary.                                                                                           0.01% in each of the prior 3 months,
                                                                                                       of those statements may be examined at
                                               [FR Doc. 2018–13084 Filed 6–18–18; 8:45 am]                                                                    after a discount of the percentage for the
                                                                                                       the places specified in Item IV below.
                                                                                                                                                              prior quarter of NYSE CADV in DMM
                                               BILLING CODE 8011–01–P                                  The Exchange has prepared summaries,
                                                                                                                                                              assigned securities as of the last
                                                                                                       set forth in sections A, B, and C below,
                                                                                                                                                              business day of the prior month, would
                                                                                                       of the most significant parts of such
                                               SECURITIES AND EXCHANGE                                                                                        receive a credit of $0.0029, or $0.00105
                                                                                                       statements.
                                               COMMISSION                                                                                                     if a Non-Displayed Reserve Order, if the
                                                                                                       A. Self-Regulatory Organization’s                      SLP meets the 10% average or more
                                               [Release No. 34–83424; File No. SR–NYSE–                Statement of the Purpose of, and the
                                               2018–27]
                                                                                                                                                              quoting requirement in an assigned
                                                                                                       Statutory Basis for, the Proposed Rule                 security pursuant to Rule 107B when
                                               Self-Regulatory Organizations; New                      Change                                                 adding liquidity to the NYSE with
                                               York Stock Exchange LLC; Notice of                      1. Purpose                                             orders, other than Mid-Point Liquidity
                                               Filing and Immediate Effectiveness of                                                                          (‘‘MPL’’) orders, in securities with a per
                                                                                                          The Exchange proposes to amend its                  share price of $1.00 or more. For
                                               Proposed Rule Change To Amend Its
                                                                                                       Price List to (1) add a new incentive for
                                               Price List
                                                                                                       member organizations and SLPs on                          4 Under Rule 107B, an SLP can be either a

                                               June 13, 2018.                                          Tape A when adding liquidity in UTP                    proprietary trading unit of a member organization
                                                  Pursuant to Section 19(b)(1) 1 of the                Securities (Tapes B and C) on the Pillar               (‘‘SLP-Prop’’) or a registered market maker at the
                                                                                                                                                              Exchange (‘‘SLMM’’). For purposes of the 10%
                                               Securities Exchange Act of 1934 (the                    Trading Platform; (2) add a new Tier 4                 average or more quoting requirement in assigned
                                               ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                  for SLPs; and (3) make non-substantive                 securities pursuant to Rule 107B, quotes of an SLP-
                                               notice is hereby given that, on June 1,                 changes to eliminate obsolete footnotes.               Prop and an SLMM of the same member
                                               2018, New York Stock Exchange LLC                          The Exchange proposes to implement                  organization are not aggregated. However, for
                                                                                                       these changes to its Price List effective              purposes of adding liquidity for assigned SLP
                                               (‘‘NYSE’’ or the ‘‘Exchange’’) filed with                                                                      securities in the aggregate, shares of both an SLP-
                                               the Securities and Exchange                             June 1, 2018.
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                                              Prop and an SLMM of the same member
                                               Commission (the ‘‘Commission’’) the                     New Cross Tape Incentive                               organization are included.
                                                                                                                                                                 5 The phrase ‘‘Adding ADV’’ in the proposed tier
                                               proposed rule change as described in
                                                                                                          The Exchange proposes an additional                 would have a citation to footnote 4 in the current
                                                 39 17                                                 incentive to member organizations and                  Price List, which provides ‘‘For purposes of
                                                       CFR 200.30–3(a)(57).                                                                                   transaction fees and Supplemental Liquidity
                                                 1 15 U.S.C. 78s(b)(1).                                SLPs in Tape A securities that add                     Provider liquidity credits, ADV calculations
                                                 2 15 U.S.C. 78a.                                      liquidity to the Exchange in UTP                       exclude early closing days.’’ The text of current
                                                 3 17 CFR 240.19b–4.                                   Securities, as follows.                                footnote 4 would remain unchanged.



                                          VerDate Sep<11>2014   17:55 Jun 18, 2018   Jkt 244001   PO 00000   Frm 00071   Fmt 4703   Sfmt 4703   E:\FR\FM\19JNN1.SGM   19JNN1


                                               28480                          Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Notices

                                               purposes of qualifying for the proposed                 discovery and transparency and                         making the Exchange’s rules easier to
                                               Tier, quotes of an SLP-Prop and an                      enhancing order execution                              navigate. The Exchange also believes
                                               SLMM of the same member organization                    opportunities for member organizations.                that eliminating obsolete material from
                                               would not be aggregated. The Exchange                   The Exchange believes that that the                    its rulebook also removes impediments
                                               believes that the new tier will provide                 proposal is reasonable and not unfairly                to and perfects the mechanism of a free
                                               greater incentives for newer and less                   discriminatory because it would apply                  and open market by removing confusion
                                               active SLPs to add liquidity to the                     to all member organizations eligible for               that may result from having obsolete
                                               Exchange.                                               the relevant Tape A tier credits equally.              material in the Exchange’s rulebook.
                                                                                                       The Exchange further believes that                     The Exchange believes that eliminating
                                               Non-Substantive Changes
                                                                                                       limiting the additional credit to Non-                 such obsolete material would not be
                                                  Currently, as reflected in footnote * to             Tier, Adding Tier 3 and Adding Tier 4                  inconsistent with the public interest and
                                               the section of the Price List setting forth             is reasonable because members                          the protection of investors because
                                               adding tiers for trading UTP Securities,6               qualifying for Adding Tier 1 and Adding                investors will not be harmed and in fact
                                               the Exchange waives the Tier 1 adding                   Tier 2 would already receive a higher                  would benefit from increased
                                               tier requirement and the remove tier                    credit for such executions. Similarly,                 transparency, thereby reducing potential
                                               requirements for securities priced at or                the Exchange believes that limiting the                confusion.
                                               above $1.00 until June 1, 2018.                         additional credit to SLP Tier 3, SLP Tier                 Finally, the Exchange believes that it
                                               Similarly, as reflected in footnote ** of               2 and SLP Tier 1A is reasonable because                is subject to significant competitive
                                               the section of the Price List setting forth             SLPs qualifying for SLP Tier 1 would                   forces, as described below in the
                                               the SLP Provide Tiers for trading in UTP                already receive a higher credit for such               Exchange’s statement regarding the
                                               Securities, the Exchange also currently                 executions.                                            burden on competition.
                                               waives the provide volume component                                                                               For the foregoing reasons, the
                                               of the SLP Tier requirements for                        New SLP Tier 4                                         Exchange believes that the proposal is
                                               securities priced at or above $1.00 until                  The Exchange believes that the                      consistent with the Act.
                                               June 1, 2018. Because the waivers set                   proposal to introduce a new SLP Tier 4
                                                                                                                                                              B. Self-Regulatory Organization’s
                                               forth in footnotes * and ** expire on                   is reasonable because it provides SLPs
                                                                                                                                                              Statement on Burden on Competition
                                               June 1, 2018, and the Exchange does not                 as well as SLPs that are also DMMs with
                                               propose to extend the waivers, the                      an additional way to qualify for a rebate,                In accordance with Section 6(b)(8) of
                                               Exchange accordingly proposes to delete                 thereby providing SLPs with greater                    the Act,9 the Exchange believes that the
                                               footnotes * and ** as obsolete.                         flexibility and creating an added                      proposed rule change would not impose
                                               *      *    *     *     *                               incentive for SLPs to bring additional                 any burden on competition that is not
                                                  The proposed changes are not                         order flow to a public market. In                      necessary or appropriate in furtherance
                                               otherwise intended to address any other                 particular, as noted above, the Exchange               of the purposes of the Act. Instead, the
                                               issues, and the Exchange is not aware of                believes that the new tier will provide                Exchange believes that the proposed
                                               any problems that member                                greater incentives for newer and less                  change would foster liquidity provision
                                               organizations would have in complying                   active SLPs to add liquidity to the                    and stability in the marketplace, thereby
                                               with the proposed change.                               Exchange, to the benefit of the investing              promoting price discovery and
                                                                                                       public and all market participants.                    transparency and enhancing order
                                               2. Statutory Basis                                      Moreover, offering a higher credit for                 execution opportunities for member
                                                  The Exchange believes that the                       the first two months would provide an                  organizations. In this regard, the
                                               proposed rule change is consistent with                 incentive for new and less active SLPs                 Exchange believes that the transparency
                                               Section 6(b) of the Act,7 in general, and               to add liquidity and meet the SLP                      and competitiveness of attracting
                                               furthers the objectives of Sections                     quoting requirements, thereby                          additional executions on an exchange
                                               6(b)(4) and 6(b)(5) of the Act,8 in                     contributing to additional levels of                   market would encourage competition.
                                               particular, because it provides for the                 liquidity at the Exchange, which                       The Exchange also believes that the
                                               equitable allocation of reasonable dues,                benefits all market participants. The                  proposed rule change is designed to
                                               fees, and other charges among its                       Exchange also believes that the two-                   provide the public and investors with a
                                               members, issuers and other persons                      month period for new SLPs and inactive                 Price List that is clear and consistent,
                                               using its facilities and does not unfairly              SLPs to qualify for the new tier is                    thereby reducing burdens on the
                                               discriminate between customers,                         reasonable because it will allow newer                 marketplace and facilitating investor
                                               issuers, brokers or dealers.                            and less active SLPs more time to meet                 protection.
                                                                                                       the SLP volume requirements while                         Finally, the Exchange notes that it
                                               New Cross Tape Incentive                                                                                       operates in a highly competitive market
                                                                                                       building up the SLPs’ liquidity
                                                  The Exchange believes that providing                 providing activities during the first two              in which market participants can
                                               an additional incentive in Tape A                       months. Finally, the Exchange believes                 readily favor competing venues if they
                                               securities for member organizations that                that the proposed tier is equitable and                deem fee levels at a particular venue to
                                               add liquidity in UTP Securities is                      not unfairly discriminatory because it                 be excessive or rebate opportunities
                                               reasonable because it would further                     would apply equally to all SLPs and                    available at other venues to be more
                                               contribute to incenting member                          because there are two ways to qualify                  favorable. In such an environment, the
                                               organizations to provide additional                     for the proposed tier.                                 Exchange must continually adjust its
                                               liquidity to a public exchange in UTP                                                                          fees and rebates to remain competitive
                                               Securities, thereby promoting price                     Non-Substantive Changes                                with other exchanges and with
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                                                                                                         The Exchange believes that the                       alternative trading systems that have
                                                  6 The term ‘‘UTP Security’’ means a security that    proposed deletion of footnotes * and **                been exempted from compliance with
                                               is listed on a national securities exchange other       removes impediments to and perfects                    the statutory standards applicable to
                                               than the Exchange and that trades on the Exchange
                                               pursuant to unlisted trading privileges. See Rule
                                                                                                       the mechanism of a free and open                       exchanges. Because competitors are free
                                               1.1(ii).                                                market by adding clarity as to whether                 to modify their own fees and credits in
                                                  7 15 U.S.C. 78f(b).                                  waivers are operative and when, thereby
                                                  8 15 U.S.C. 78f(b)(4) & (5).                         reducing potential confusion, and                       9 15   U.S.C. 78f(b)(8).



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                                                                              Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Notices                                                     28481

                                               response, and because market                            Paper Comments                                          SECURITIES AND EXCHANGE
                                               participants may readily adjust their                                                                           COMMISSION
                                               order routing practices, the Exchange                     • Send paper comments in triplicate
                                               believes that the degree to which fee                   to Brent J. Fields, Secretary, Securities               [Release No. 34–83423; File No. SR–BX–
                                               changes in this market may impose any                   and Exchange Commission, 100 F Street                   2018–022]
                                               burden on competition is extremely                      NE, Washington, DC 20549–1090.
                                                                                                                                                               Self-Regulatory Organizations; Nasdaq
                                               limited. As a result of all of these                    All submissions should refer to File                    BX, Inc.; Notice of Filing and
                                               considerations, the Exchange does not                   Number SR–NYSE–2018–27. This file                       Immediate Effectiveness of Proposed
                                               believe that the proposed changes will                  number should be included on the                        Rule Change To Amend Position
                                               impair the ability of member                                                                                    Limits and Exercise Limits for Options
                                                                                                       subject line if email is used. To help the
                                               organizations or competing order                                                                                on the SPDR Exchange-Traded Fund
                                                                                                       Commission process and review your
                                               execution venues to maintain their
                                               competitive standing in the financial                   comments more efficiently, please use                   June 13, 2018.
                                               markets.                                                only one method. The Commission will
                                                                                                                                                                  Pursuant to Section 19(b)(1) of the
                                                                                                       post all comments on the Commission’s
                                               C. Self-Regulatory Organization’s                                                                               Securities Exchange Act of 1934
                                                                                                       internet website (http://www.sec.gov/                   (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                               Statement on Comments on the                            rules/sro.shtml). Copies of the
                                               Proposed Rule Change Received From                                                                              notice is hereby given that on June 12,
                                                                                                       submission, all subsequent                              2018, Nasdaq BX, Inc. (‘‘BX’’ or
                                               Members, Participants, or Others                        amendments, all written statements                      ‘‘Exchange’’) filed with the Securities
                                                 No written comments were solicited                    with respect to the proposed rule                       and Exchange Commission
                                               or received with respect to the proposed                change that are filed with the                          (‘‘Commission’’) the proposed rule
                                               rule change.                                            Commission, and all written                             change as described in Items I, II, and
                                               III. Date of Effectiveness of the                       communications relating to the                          III below, which Items have been
                                               Proposed Rule Change and Timing for                     proposed rule change between the                        prepared by the Exchange. The
                                               Commission Action                                       Commission and any person, other than                   Commission is publishing this notice to
                                                                                                       those that may be withheld from the                     solicit comments on the proposed rule
                                                  The foregoing rule change is effective               public in accordance with the                           change from interested persons.
                                               upon filing pursuant to Section                         provisions of 5 U.S.C. 552, will be
                                               19(b)(3)(A) 10 of the Act and                                                                                   I. Self-Regulatory Organization’s
                                                                                                       available for website viewing and                       Statement of the Terms of Substance of
                                               subparagraph (f)(2) of Rule 19b–4 11
                                                                                                       printing in the Commission’s Public                     the Proposed Rule Change
                                               thereunder, because it establishes a due,
                                                                                                       Reference Room, 100 F Street NE,
                                               fee, or other charge imposed by the                                                                                The Exchange proposes to amend BX
                                               Exchange.                                               Washington, DC 20549 on official
                                                                                                       business days between the hours of                      Rules at Supplementary Material to
                                                  At any time within 60 days of the                                                                            Chapter III, Section 7, entitled ‘‘Position
                                               filing of such proposed rule change, the                10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                                                                               Limits,’’ and Section 9, entitled
                                               Commission summarily may                                filing also will be available for
                                                                                                                                                               ‘‘Exercise Limits,’’ to amend position
                                               temporarily suspend such rule change if                 inspection and copying at the principal
                                                                                                                                                               limits and exercise limits for options on
                                               it appears to the Commission that such                  office of the Exchange. All comments
                                                                                                                                                               the SPDR® S&P 500® exchange-traded
                                               action is necessary or appropriate in the               received will be posted without change.                 fund (‘‘SPY ETF’’ or ‘‘SPY’’),3 which list
                                               public interest, for the protection of                  Persons submitting comments are                         and trade under the symbol ‘‘SPY.’’
                                               investors, or otherwise in furtherance of               cautioned that we do not redact or edit                    The text of the proposed rule change
                                               the purposes of the Act. If the                         personal identifying information from                   is available on the Exchange’s website at
                                               Commission takes such action, the                       comment submissions. You should                         http://nasdaqbx.cchwallstreet.com/, at
                                               Commission shall institute proceedings                  submit only information that you wish                   the principal office of the Exchange, and
                                               under Section 19(b)(2)(B) 12 of the Act to              to make available publicly. All                         at the Commission’s Public Reference
                                               determine whether the proposed rule                     submissions should refer to File                        Room.
                                               change should be approved or                            Number SR–NYSE–2018–27 and should
                                               disapproved.                                            be submitted on or before July 10, 2018.                II. Self-Regulatory Organization’s
                                                                                                                                                               Statement of the Purpose of, and
                                               IV. Solicitation of Comments                              For the Commission, by the Division of                Statutory Basis for, the Proposed Rule
                                                 Interested persons are invited to                     Trading and Markets, pursuant to delegated              Change
                                               submit written data, views, and                         authority.13
                                                                                                                                                                 In its filing with the Commission, the
                                               arguments concerning the foregoing,                     Eduardo A. Aleman,
                                                                                                                                                               Exchange included statements
                                               including whether the proposed rule                     Assistant Secretary.                                    concerning the purpose of and basis for
                                               change is consistent with the Act.                      [FR Doc. 2018–13083 Filed 6–18–18; 8:45 am]             the proposed rule change and discussed
                                               Comments may be submitted by any of                     BILLING CODE 8011–01–P                                  any comments it received on the
                                               the following methods:                                                                                          proposed rule change. The text of these
                                               Electronic Comments                                                                                             statements may be examined at the
                                                                                                                                                               places specified in Item IV below. The
                                                 • Use the Commission’s internet
                                               comment form (http://www.sec.gov/                                                                                 1 15  U.S.C. 78s(b)(1).
                                               rules/sro.shtml); or
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                                                                                                                                                                 2 17  CFR 240.19b–4.
                                                 • Send an email to rule-comments@                                                                                3 ‘‘SPDR®,’’ ‘‘Standard & Poor’s®,’’ ‘‘S&P®,’’

                                               sec.gov. Please include File Number SR–                                                                         ‘‘S&P 500®,’’ and ‘‘Standard & Poor’s 500’’ are
                                               NYSE–2018–27 on the subject line.                                                                               registered trademarks of Standard & Poor’s
                                                                                                                                                               Financial Services LLC. The SPY ETF represents
                                                                                                                                                               ownership in the SPDR S&P 500 Trust, a unit
                                                 10 15 U.S.C. 78s(b)(3)(A).                                                                                    investment trust that generally corresponds to the
                                                 11 17 CFR 240.19b–4(f)(2).                                                                                    price and yield performance of the SPDR S&P 500
                                                 12 15 U.S.C. 78s(b)(2)(B).                              13 17   CFR 200.30–3(a)(12).                          Index.



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Document Created: 2018-07-02 11:21:12
Document Modified: 2018-07-02 11:21:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 28479 

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