83_FR_28806 83 FR 28687 - Self-Regulatory Organizations; NYSE National, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its Schedule of Fees and Rebates To Extend the Current Waiver of Certain Adding and Taking Tier Volume Requirements to July 1, 2018, and Make Non-Substantive Changes To Eliminate Obsolete Text

83 FR 28687 - Self-Regulatory Organizations; NYSE National, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its Schedule of Fees and Rebates To Extend the Current Waiver of Certain Adding and Taking Tier Volume Requirements to July 1, 2018, and Make Non-Substantive Changes To Eliminate Obsolete Text

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 119 (June 20, 2018)

Page Range28687-28689
FR Document2018-13166

Federal Register, Volume 83 Issue 119 (Wednesday, June 20, 2018)
[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Notices]
[Pages 28687-28689]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13166]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83440; File No. SR-NYSENAT-2018-13]


Self-Regulatory Organizations; NYSE National, Inc.; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its 
Schedule of Fees and Rebates To Extend the Current Waiver of Certain 
Adding and Taking Tier Volume Requirements to July 1, 2018, and Make 
Non-Substantive Changes To Eliminate Obsolete Text

June 14, 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 6, 2018, NYSE National, Inc. (the ``Exchange'' or 
``NYSE National'') 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

[[Page 28688]]

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 Schedule of Fees and Rebates to 
(1) extend the current waiver of certain adding and taking tier volume 
requirements to July 1, 2018, and (2) make non-substantive changes to 
eliminate obsolete text. The Exchange proposes to implement the rule 
change on June 6, 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 31, 2018 (SR-NYSENAT-2018-11) and withdrew such filing on June 
6, 2018. This filing replaces SR-NYSENAT-2018-11 in its entirety.
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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 Schedule of Fees and Rebates to 
(1) extend the current waiver of certain adding and taking tier volume 
requirements to July 1, 2018, and (2) make non-substantive changes to 
eliminate obsolete text.
    The Exchange proposes to implement the rule change on June 6, 2018.
Extend Waiver of Adding and Taking Tier Volume Requirements
    Currently, under the Adding Tier, the Exchange charges fees of 
$0.0020 per share for displayed orders, $0.0022 per share for non-
displayed orders, $0.0018 per share for orders that set a new Exchange 
BBO,\5\ and $0.0005 per share for Mid-Point Liquidity (``MPL'') orders 
for transactions in stocks with a per share price of $1.00 or more when 
adding liquidity to the Exchange if the ETP Holder has at least 0.015% 
of Adding ADV as a percent of US CADV. Under the Taking Tier, the 
Exchange offers credits of ($0.0020) per share for orders and ($0.0002) 
per share for MPL orders for transactions in stocks with a per share 
price of $1.00 or more when removing liquidity from the Exchange if the 
ETP Holder has at least 50,000 shares of Adding ADV. As reflected in 
footnote * of the Schedule of Fees and Rebates, the Exchange currently 
waives the volume requirements for both of these tiers until June 1, 
2018.
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    \5\ The term ``BBO'' is defined in Rule 1.1 to mean the best bid 
or offer that is a Protected Quotation on the Exchange. The term 
``BB'' means the best bid that is a Protected Quotation on the 
Exchange and the term ``BO'' means the best offer that is a 
Protected Quotation on the Exchange.
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    The Exchange proposes to extend the waiver of the volume 
requirements for the Adding Tier and Taking Tier until July 1, 2018, 
which would be reflected in footnote * of the Schedule of Fees and 
Rebates.
Deletion of Obsolete Text
    Currently, the Exchange does not [sic] to charge for order/quote 
entry ports and for drop copy ports until June 1, 2018.\6\ Thereafter, 
as the Exchange noted in its filing adopting the port fees, the 
Exchange would charge $250 per port per month for both order/quote 
entry ports and drop copy ports, and the fees would apply to all market 
participants.\7\ Because the fee waivers expire on June 1, 2018, and 
the Exchange does not propose to extend the waivers, the Exchange 
accordingly proposes to eliminate the waiver language in the Section 
III (Port Fees) of the Schedule of Fees and Rebates as obsolete.
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    \6\ Order/quote entry ports provide connectivity to the 
Exchange's trading systems (i.e., ports for entry of orders and/or 
quotes). Drop copy ports allow for the receipt of ``drop copies'' of 
order or transaction information. Firms receive confirmations of 
their orders and receive execution reports via the order/quote entry 
port that is used to enter the order or quote. A ``drop copy'' 
contains redundant information that a firm chooses to have 
``dropped'' to another destination (e.g., to allow the firm's back 
office and/or compliance department, or another firm--typically the 
firm's clearing broker--to have immediate access to the 
information). Drop copies can only be sent via a drop copy port. 
Drop copy ports cannot be used to enter orders and/or quotes.
    \7\ See SR-NYSENAT-2018-12.
---------------------------------------------------------------------------

    The proposed changes are not otherwise intended to address any 
other issues, and the Exchange is not aware of any problems that ETP 
Holders 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,\8\ in general, and furthers the 
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\9\ 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4) & (5).
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Extend Waiver of Adding and Taking Tier Volume Requirements
    The Exchange believes it is reasonable to extend the waiver of the 
Adding Tier and Taking Tier volume requirements until July 1, 2018, 
because the continued waiver for a limited period of time will provide 
incentives for ETP Holders to submit increased volumes and enable the 
Exchange to improve its overall competitiveness and strengthen its 
market quality to the benefit of all market participants. The proposed 
extension of the volume requirements waiver is not unfairly 
discriminatory because it will apply equally to all similarly situated 
ETP Holders.
Non-Substantive Changes
    The Exchange believes that the proposed deletion of waiver language 
expiring June 1, 2018, relating to port fees 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 that may result from having obsolete material in 
the Exchange's rulebook, and making the Exchange's rules easier to 
navigate. 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,\10\ the Exchange 
believes that the proposed rule change would not impose any burden on 
competition that is not necessary or appropriate in furtherance

[[Page 28689]]

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. The Exchange believes that this could promote competition 
between the Exchange and other execution venues, including those that 
currently offer similar order types and comparable transaction pricing, 
by encouraging additional orders to be sent to the Exchange for 
execution. The Exchange also believes that the proposed rule is 
designed to provide the public and investors with a Schedule of Fees 
and Rebates that is clear and consistent, thereby reducing burdens on 
the marketplace and facilitating investor protection.
---------------------------------------------------------------------------

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

    Finally, the Exchange notes that it operates in a highly 
competitive market in which market participants can readily favor 
competing venues if they deem fee levels at a particular venue to be 
excessive or rebate opportunities available at other venues to be more 
favorable. In such an environment, the Exchange must continually adjust 
its fees and rebates to remain competitive with other exchanges and 
with alternative trading systems that have been exempted from 
compliance with the statutory standards applicable to exchanges. 
Because competitors are free to modify their own fees and credits in 
response, and because market participants may readily adjust their 
order routing practices, the Exchange believes that the degree to which 
fee changes in this market may impose any burden on competition is 
extremely limited. As a result of all of these considerations, the 
Exchange does not believe that the proposed changes will impair the 
ability of 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) \11\ of the Act and subparagraph (f)(2) of Rule 
19b-4 \12\ thereunder, because it establishes a due, fee, or other 
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 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) \13\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \13\ 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-NYSENAT-2018-13 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-NYSENAT-2018-13. 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; the Commission does not edit 
personal identifying information from submissions. 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-NYSENAT-2018-13 and should 
be submitted on or before July 11, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-13166 Filed 6-19-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Notices                                                      28687

                                                through another participant or market                   C. Self-Regulatory Organization’s                          Commission and any person, other than
                                                center or taking that exchange’s data                   Statement on Comments on the                               those that may be withheld from the
                                                indirectly. Accordingly, if the Exchange                Proposed Rule Change Received From                         public in accordance with the
                                                charges excessive fees, it would stand to               Members, Participants, or Others                           provisions of 5 U.S.C. 552, will be
                                                lose not only connectivity revenues but                   The Exchange has not solicited, and                      available for website viewing and
                                                also revenues associated with the                       does not intend to solicit, comments on                    printing in the Commission’s Public
                                                execution of orders routed to it, and, to               this proposed rule change. The                             Reference Room, 100 F Street NE,
                                                the extent applicable, market data                      Exchange has not received any                              Washington, DC 20549 on official
                                                revenues. The Exchange believes that                    unsolicited written comments from                          business days between the hours of
                                                this competitive dynamic imposes                        Members or other interested parties.                       10:00 a.m. and 3:00 p.m. Copies of such
                                                powerful restraints on the ability of any                                                                          filing also will be available for
                                                                                                        III. Date of Effectiveness of the                          inspection and copying at the principal
                                                exchange to charge unreasonable fees                    Proposed Rule Change and Timing for                        office of the Exchange. All comments
                                                for connectivity.                                       Commission Action                                          received will be posted without change.
                                                  Furthermore, the proposed rule                           The foregoing rule change has become                    Persons submitting comments are
                                                change is also an equitable allocation of               effective pursuant to Section 19(b)(3)(A)                  cautioned that we do not redact or edit
                                                reasonable dues, fees, and other charges                of the Act 11 and paragraph (f) of Rule                    personal identifying information from
                                                as the Exchange believes that the                       19b–4 thereunder.12 At any time within                     comment submissions. You should
                                                proposed increased physical port fees                   60 days of the filing of the proposed rule                 submit only information that you wish
                                                will enable it to cover its infrastructure              change, the Commission summarily may                       to make available publicly. All
                                                costs associated with establishing                      temporarily suspend such rule change if                    submissions should refer to File
                                                physical ports to connect to the                        it appears to the Commission that such                     Number SR–CboeBZX–2018–038, and
                                                Exchange’s systems. The additional                      action is necessary or appropriate in the                  should be submitted on or before July
                                                revenue from the increased fees will                    public interest, for the protection of                     11, 2018.
                                                also enable the Exchange to continue to                 investors, or otherwise in furtherance of                    For the Commission, by the Division of
                                                maintain and improve its market                         the purposes of the Act.                                   Trading and Markets, pursuant to delegated
                                                technology and services. Similarly, the                 IV. Solicitation of Comments                               authority.13
                                                Exchange believes the proposed fees for                                                                            Eduardo A. Aleman,
                                                                                                          Interested persons are invited to
                                                the Disaster Recovery Physical Ports                    submit written data, views, and                            Assistant Secretary.
                                                will allow the Exchange to maintain the                 arguments concerning the foregoing,                        [FR Doc. 2018–13159 Filed 6–19–18; 8:45 am]
                                                Disaster Recovery Physical Ports in case                including whether the proposed rule                        BILLING CODE 8011–01–P
                                                they become necessary.                                  change is consistent with the Act.
                                                  Lastly, the Exchange believes the fees                Comments may be submitted by any of
                                                                                                        the following methods:                                     SECURITIES AND EXCHANGE
                                                remain competitive with those charged
                                                                                                                                                                   COMMISSION
                                                by other venues and therefore continue                  Electronic Comments
                                                to be reasonable and equitably allocated                                                                           [Release No. 34–83440; File No. SR–
                                                                                                          • Use the Commission’s internet
                                                to Members.10                                                                                                      NYSENAT–2018–13]
                                                                                                        comment form (http://www.sec.gov/
                                                B. Self-Regulatory Organization’s                       rules/sro.shtml); or                                       Self-Regulatory Organizations; NYSE
                                                Statement on Burden on Competition                        • Send an email to rule-comments@                        National, Inc.; Notice of Filing and
                                                                                                        sec.gov. Please include File Number SR–                    Immediate Effectiveness of Proposed
                                                   The Exchange does not believe that                   CboeBZX–2018–038 on the subject line.                      Rule Change To Amend Its Schedule of
                                                the proposed rule change will impose                                                                               Fees and Rebates To Extend the
                                                                                                        Paper Comments
                                                any burden on competition not                                                                                      Current Waiver of Certain Adding and
                                                necessary or appropriate in furtherance                    • Send paper comments in triplicate
                                                                                                                                                                   Taking Tier Volume Requirements to
                                                of the purposes of the Act. As discussed                to Secretary, Securities and Exchange
                                                                                                                                                                   July 1, 2018, and Make Non-
                                                above, the Exchange believes that fees                  Commission, 100 F Street NE,
                                                                                                                                                                   Substantive Changes To Eliminate
                                                for connectivity are constrained by the                 Washington, DC 20549–1090.
                                                                                                                                                                   Obsolete Text
                                                robust competition for order flow among                 All submissions should refer to File
                                                exchanges and non-exchange markets.                     Number SR–CboeBZX–2018–038. This                           June 14, 2018.
                                                The Exchange does not believe that the                  file number should be included on the                         Pursuant to Section 19(b)(1) 1 of the
                                                proposed changes represent a significant                subject line if email is used. To help the                 Securities Exchange Act of 1934 (the
                                                departure from previous pricing offered                 Commission process and review your                         ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                by the Exchange or pricing offered by                   comments more efficiently, please use                      notice is hereby given that, on June 6,
                                                the Exchange’s competitors.                             only one method. The Commission will                       2018, NYSE National, Inc. (the
                                                Additionally, Members may opt to                        post all comments on the Commission’s                      ‘‘Exchange’’ or ‘‘NYSE National’’) filed
                                                disfavor the Exchange’s pricing if they                 internet website (http://www.sec.gov/                      with the Securities and Exchange
                                                believe that alternatives offer them                    rules/sro.shtml). Copies of the                            Commission (the ‘‘Commission’’) the
                                                                                                        submission, all subsequent                                 proposed rule change as described in
                                                better value. Further, excessive fees for
                                                                                                        amendments, all written statements                         Items I, II, and III below, which Items
                                                connectivity would serve to impair an
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        with respect to the proposed rule                          have been prepared by the self-
                                                exchange’s ability to compete for order
                                                                                                        change that are filed with the                             regulatory organization. The
                                                flow rather than burdening competition.
                                                                                                        Commission, and all written                                Commission is publishing this notice to
                                                                                                        communications relating to the
                                                  10 See e.g., NYSE Arca Equities Fees and Charges,

                                                NYSE Arca Marketplace: Other Fees and Charges,
                                                                                                        proposed rule change between the                             13 17 CFR 200.30–3(a)(12).
                                                                                                                                                                     1 15 U.S.C. 78s(b)(1).
                                                Connectivity Fees. See also, Nasdaq Phlx LLC
                                                                                                          11 15   U.S.C. 78s(b)(3)(A).                               2 15 U.S.C. 78a.
                                                Pricing Schedule, Section XI, Direct Connectivity to
                                                Phlx.                                                     12 17   CFR 240.19b–4(f).                                  3 17 CFR 240.19b–4.




                                           VerDate Sep<11>2014   18:58 Jun 19, 2018   Jkt 244001   PO 00000   Frm 00081    Fmt 4703      Sfmt 4703   E:\FR\FM\20JNN1.SGM     20JNN1


                                                28688                        Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Notices

                                                solicit comments on the proposed rule                   for Mid-Point Liquidity (‘‘MPL’’) orders                 Section 6(b) of the Act,8 in general, and
                                                change from interested persons.                         for transactions in stocks with a per                    furthers the objectives of Sections
                                                                                                        share price of $1.00 or more when                        6(b)(4) and 6(b)(5) of the Act,9 in
                                                I. Self-Regulatory Organization’s
                                                                                                        adding liquidity to the Exchange if the                  particular, because it provides for the
                                                Statement of the Terms of Substance of
                                                                                                        ETP Holder has at least 0.015% of                        equitable allocation of reasonable dues,
                                                the Proposed Rule Change
                                                                                                        Adding ADV as a percent of US CADV.                      fees, and other charges among its
                                                   The Exchange proposes to amend its                   Under the Taking Tier, the Exchange                      members, issuers and other persons
                                                Schedule of Fees and Rebates to (1)                     offers credits of ($0.0020) per share for                using its facilities and does not unfairly
                                                extend the current waiver of certain                    orders and ($0.0002) per share for MPL                   discriminate between customers,
                                                adding and taking tier volume                           orders for transactions in stocks with a                 issuers, brokers or dealers.
                                                requirements to July 1, 2018, and (2)                   per share price of $1.00 or more when
                                                make non-substantive changes to                                                                                  Extend Waiver of Adding and Taking
                                                                                                        removing liquidity from the Exchange if
                                                eliminate obsolete text. The Exchange                                                                            Tier Volume Requirements
                                                                                                        the ETP Holder has at least 50,000
                                                proposes to implement the rule change                   shares of Adding ADV. As reflected in                       The Exchange believes it is reasonable
                                                on June 6, 2018.4 The proposed rule                     footnote * of the Schedule of Fees and                   to extend the waiver of the Adding Tier
                                                change is available on the Exchange’s                   Rebates, the Exchange currently waives                   and Taking Tier volume requirements
                                                website at www.nyse.com, at the                         the volume requirements for both of                      until July 1, 2018, because the
                                                principal office of the Exchange, and at                these tiers until June 1, 2018.                          continued waiver for a limited period of
                                                the Commission’s Public Reference                         The Exchange proposes to extend the                    time will provide incentives for ETP
                                                Room.                                                   waiver of the volume requirements for                    Holders to submit increased volumes
                                                II. Self-Regulatory Organization’s                      the Adding Tier and Taking Tier until                    and enable the Exchange to improve its
                                                Statement of the Purpose of, and                        July 1, 2018, which would be reflected                   overall competitiveness and strengthen
                                                Statutory Basis for, the Proposed Rule                  in footnote * of the Schedule of Fees                    its market quality to the benefit of all
                                                Change                                                  and Rebates.                                             market participants. The proposed
                                                                                                                                                                 extension of the volume requirements
                                                   In its filing with the Commission, the               Deletion of Obsolete Text                                waiver is not unfairly discriminatory
                                                self-regulatory organization included                      Currently, the Exchange does not [sic]                because it will apply equally to all
                                                statements concerning the purpose of,                   to charge for order/quote entry ports and                similarly situated ETP Holders.
                                                and basis for, the proposed rule change                 for drop copy ports until June 1, 2018.6
                                                and discussed any comments it received                                                                           Non-Substantive Changes
                                                                                                        Thereafter, as the Exchange noted in its
                                                on the proposed rule change. The text                   filing adopting the port fees, the                          The Exchange believes that the
                                                of those statements may be examined at                  Exchange would charge $250 per port                      proposed deletion of waiver language
                                                the places specified in Item IV below.                  per month for both order/quote entry                     expiring June 1, 2018, relating to port
                                                The Exchange has prepared summaries,                    ports and drop copy ports, and the fees                  fees removes impediments to, and
                                                set forth in sections A, B, and C below,                would apply to all market participants.7                 perfects the mechanism of, a free and
                                                of the most significant parts of such                   Because the fee waivers expire on June                   open market by adding clarity as to
                                                statements.                                             1, 2018, and the Exchange does not                       whether waivers are operative and
                                                A. Self-Regulatory Organization’s                       propose to extend the waivers, the                       when, thereby reducing potential
                                                Statement of the Purpose of, and the                    Exchange accordingly proposes to                         confusion that may result from having
                                                Statutory Basis for, the Proposed Rule                  eliminate the waiver language in the                     obsolete material in the Exchange’s
                                                Change                                                  Section III (Port Fees) of the Schedule of               rulebook, and making the Exchange’s
                                                                                                        Fees and Rebates as obsolete.                            rules easier to navigate. The Exchange
                                                1. Purpose                                                 The proposed changes are not                          believes that eliminating such obsolete
                                                   The Exchange proposes to amend its                   otherwise intended to address any other                  material would not be inconsistent with
                                                Schedule of Fees and Rebates to (1)                     issues, and the Exchange is not aware of                 the public interest and the protection of
                                                extend the current waiver of certain                    any problems that ETP Holders would                      investors because investors will not be
                                                adding and taking tier volume                           have in complying with the proposed                      harmed and in fact would benefit from
                                                requirements to July 1, 2018, and (2)                   change.                                                  increased transparency, thereby
                                                make non-substantive changes to                                                                                  reducing potential confusion.
                                                                                                        2. Statutory Basis                                          Finally, the Exchange believes that it
                                                eliminate obsolete text.
                                                   The Exchange proposes to implement                     The Exchange believes that the                         is subject to significant competitive
                                                the rule change on June 6, 2018.                        proposed rule change is consistent with                  forces, as described below in the
                                                                                                                                                                 Exchange’s statement regarding the
                                                Extend Waiver of Adding and Taking                      that is a Protected Quotation on the Exchange and        burden on competition.
                                                Tier Volume Requirements                                the term ‘‘BO’’ means the best offer that is a              For the foregoing reasons, the
                                                                                                        Protected Quotation on the Exchange.
                                                  Currently, under the Adding Tier, the                    6 Order/quote entry ports provide connectivity to
                                                                                                                                                                 Exchange believes that the proposal is
                                                Exchange charges fees of $0.0020 per                    the Exchange’s trading systems (i.e., ports for entry    consistent with the Act.
                                                share for displayed orders, $0.0022 per                 of orders and/or quotes). Drop copy ports allow for
                                                                                                                                                                 B. Self-Regulatory Organization’s
                                                share for non-displayed orders, $0.0018                 the receipt of ‘‘drop copies’’ of order or transaction
                                                                                                        information. Firms receive confirmations of their        Statement on Burden on Competition
                                                per share for orders that set a new
                                                                                                        orders and receive execution reports via the order/
                                                Exchange BBO,5 and $0.0005 per share                    quote entry port that is used to enter the order or
                                                                                                                                                                   In accordance with Section 6(b)(8) of
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        quote. A ‘‘drop copy’’ contains redundant                the Act,10 the Exchange believes that the
                                                   4 The Exchange originally filed to amend the Fee     information that a firm chooses to have ‘‘dropped’’      proposed rule change would not impose
                                                Schedule on May 31, 2018 (SR–NYSENAT–2018–              to another destination (e.g., to allow the firm’s back   any burden on competition that is not
                                                11) and withdrew such filing on June 6, 2018. This      office and/or compliance department, or another
                                                filing replaces SR–NYSENAT–2018–11 in its               firm—typically the firm’s clearing broker—to have
                                                                                                                                                                 necessary or appropriate in furtherance
                                                entirety.                                               immediate access to the information). Drop copies
                                                                                                                                                                  8 15 U.S.C. 78f(b).
                                                   5 The term ‘‘BBO’’ is defined in Rule 1.1 to mean    can only be sent via a drop copy port. Drop copy
                                                                                                        ports cannot be used to enter orders and/or quotes.       9 15 U.S.C. 78f(b)(4) & (5).
                                                the best bid or offer that is a Protected Quotation
                                                on the Exchange. The term ‘‘BB’’ means the best bid        7 See SR–NYSENAT–2018–12.                              10 15 U.S.C. 78f(b)(8).




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                                                                                 Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Notices                                                  28689

                                                of the purposes of the Act. Instead, the                   subparagraph (f)(2) of Rule 19b–4 12                    Washington, DC 20549 on official
                                                Exchange believes that the proposed                        thereunder, because it establishes a due,               business days between the hours of
                                                rule change would encourage the                            fee, or other charge imposed by the                     10:00 a.m. and 3:00 p.m. Copies of the
                                                submission of additional liquidity to a                    Exchange.                                               filing also will be available for
                                                public exchange, thereby promoting                            At any time within 60 days of the                    inspection and copying at the principal
                                                price discovery and transparency and                       filing of such proposed rule change, the                office of the Exchange. All comments
                                                enhancing order execution                                  Commission summarily may                                received will be posted without change;
                                                opportunities for ETP Holders. The                         temporarily suspend such rule change if                 the Commission does not edit personal
                                                Exchange believes that this could                          it appears to the Commission that such                  identifying information from
                                                promote competition between the                            action is necessary or appropriate in the               submissions. Persons submitting
                                                Exchange and other execution venues,                       public interest, for the protection of                  comments are cautioned that we do not
                                                including those that currently offer                       investors, or otherwise in furtherance of               redact or edit personal identifying
                                                similar order types and comparable                         the purposes of the Act. If the                         information from comment submissions.
                                                transaction pricing, by encouraging                        Commission takes such action, the                       You should submit only information
                                                additional orders to be sent to the                        Commission shall institute proceedings                  that you wish to make available
                                                Exchange for execution. The Exchange                       under Section 19(b)(2)(B) 13 of the Act to              publicly. All submissions should refer
                                                also believes that the proposed rule is                    determine whether the proposed rule                     to File Number SR–NYSENAT–2018–13
                                                designed to provide the public and                         change should be approved or                            and should be submitted on or before
                                                investors with a Schedule of Fees and                      disapproved.                                            July 11, 2018.
                                                Rebates that is clear and consistent,                                                                                For the Commission, by the Division of
                                                thereby reducing burdens on the                            IV. Solicitation of Comments
                                                                                                                                                                   Trading and Markets, pursuant to delegated
                                                marketplace and facilitating investor                        Interested persons are invited to                     authority.14
                                                protection.                                                submit written data, views, and                         Eduardo A. Aleman,
                                                   Finally, the Exchange notes that it                     arguments concerning the foregoing,                     Assistant Secretary.
                                                operates in a highly competitive market                    including whether the proposed rule                     [FR Doc. 2018–13166 Filed 6–19–18; 8:45 am]
                                                in which market participants can                           change is consistent with the Act.
                                                                                                                                                                   BILLING CODE 8011–01–P
                                                readily favor competing venues if they                     Comments may be submitted by any of
                                                deem fee levels at a particular venue to                   the following methods:
                                                be excessive or rebate opportunities                                                                               SECURITIES AND EXCHANGE
                                                                                                           Electronic Comments
                                                available at other venues to be more                                                                               COMMISSION
                                                favorable. In such an environment, the                       • Use the Commission’s internet
                                                Exchange must continually adjust its                       comment form (http://www.sec.gov/                       [Release No. 34–83447; File No. SR–
                                                fees and rebates to remain competitive                     rules/sro.shtml); or                                    NYSEArca–2018–39]
                                                with other exchanges and with                                • Send an email to rule-comments@
                                                                                                           sec.gov. Please include File Number SR–                 Self-Regulatory Organizations; NYSE
                                                alternative trading systems that have
                                                                                                           NYSENAT–2018–13 on the subject line.                    Arca, Inc.; Notice of Filing and
                                                been exempted from compliance with
                                                                                                                                                                   Immediate Effectiveness of Proposed
                                                the statutory standards applicable to                      Paper Comments                                          Rule Change Relating To Changes in
                                                exchanges. Because competitors are free
                                                to modify their own fees and credits in                       • Send paper comments in triplicate                  the Description of the Investments of
                                                                                                           to Brent J. Fields, Secretary, Securities               the USCF Canadian Crude Oil Index
                                                response, and because market
                                                                                                           and Exchange Commission, 100 F Street                   Fund
                                                participants may readily adjust their
                                                order routing practices, the Exchange                      NE, Washington, DC 20549–1090.
                                                                                                                                                                   June14, 2018.
                                                believes that the degree to which fee                      All submissions should refer to File                       Pursuant to Section 19(b)(1) 1 of the
                                                changes in this market may impose any                      Number SR–NYSENAT–2018–13. This                         Securities Exchange Act of 1934
                                                burden on competition is extremely                         file number should be included on the                   (‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                limited. As a result of all of these                       subject line if email is used. To help the              notice is hereby given that, on May 31,
                                                considerations, the Exchange does not                      Commission process and review your                      2018, NYSE Arca, Inc. (‘‘Exchange’’ or
                                                believe that the proposed changes will                     comments more efficiently, please use                   ‘‘NYSE Arca’’) filed with the Securities
                                                impair the ability of ETP Holders or                       only one method. The Commission will                    and Exchange Commission
                                                competing order execution venues to                        post all comments on the Commission’s                   (‘‘Commission’’) the proposed rule
                                                maintain their competitive standing in                     internet website (http://www.sec.gov/                   change as described in Items I and II
                                                the financial markets.                                     rules/sro.shtml). Copies of the                         below, which Items have been prepared
                                                                                                           submission, all subsequent                              by the self-regulatory organization. The
                                                C. Self-Regulatory Organization’s                          amendments, all written statements
                                                Statement on Comments on the                                                                                       Commission is publishing this notice to
                                                                                                           with respect to the proposed rule                       solicit comments on the proposed rule
                                                Proposed Rule Change Received From                         change that are filed with the
                                                Members, Participants, or Others                                                                                   change from interested persons.
                                                                                                           Commission, and all written
                                                  No written comments were solicited                       communications relating to the                          I. Self-Regulatory Organization’s
                                                or received with respect to the proposed                   proposed rule change between the                        Statement of the Terms of Substance of
                                                rule change.                                               Commission and any person, other than                   the Proposed Rule Change
                                                                                                           those that may be withheld from the                        The Exchange proposes to reflect
                                                III. Date of Effectiveness of the
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                           public in accordance with the                           changes in the description of the
                                                Proposed Rule Change and Timing for                        provisions of 5 U.S.C. 552, will be
                                                Commission Action                                                                                                  investments of the USCF Canadian
                                                                                                           available for website viewing and                       Crude Oil Index Fund (the ‘‘Fund’’).
                                                   The foregoing rule change is effective                  printing in the Commission’s Public
                                                upon filing pursuant to Section                            Reference Room, 100 F Street NE,                          14 17 CFR 200.30–3(a)(12).
                                                19(b)(3)(A) 11 of the Act and                                                                                        1 15 U.S.C. 78s(b)(1).
                                                                                                             12 17   CFR 240.19b–4(f)(2).                            2 15 U.S.C. 78a.
                                                  11 15   U.S.C. 78s(b)(3)(A).                               13 15   U.S.C. 78s(b)(2)(B).                            3 17 CFR 240.19b–4.




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Document Created: 2018-06-20 00:19:23
Document Modified: 2018-06-20 00:19:23
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 28687 

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