83_FR_31565 83 FR 31436 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify the NYSE Arca Options Fee Schedule

83 FR 31436 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify the NYSE Arca Options Fee Schedule

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 129 (July 5, 2018)

Page Range31436-31438
FR Document2018-14363

Federal Register, Volume 83 Issue 129 (Thursday, July 5, 2018)
[Federal Register Volume 83, Number 129 (Thursday, July 5, 2018)]
[Notices]
[Pages 31436-31438]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14363]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83554; File No. SR-NYSEArca-2018-49]


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

June 28, 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 27, 2018, NYSE Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to modify the NYSE Arca Options Fee Schedule 
(``Fee Schedule''). The Exchange proposes to implement the fee change 
effective June 27, 2018. The proposed rule change is available on the 
Exchange's website at www.nyse.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of those statements may be examined at 
the places specified in Item IV below. The Exchange has prepared 
summaries, set forth in sections A, B, and C below, of the most 
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this filing is to modify the Fee Schedule, effective 
27, 2018, to introduce fees for the newly listed options on the NYSE 
FANG+ Index (``NYSE FANG+''), which will trade under the symbol FAANG.
    The Exchange proposes that for fee purposes transactions in FAANG 
options would not be treated as adding or removing liquidity, but 
rather that all transactions, both manual and electronic, be charged by 
account status.
    As proposed, the Exchange would charge $0.35 per contract, per side 
for non-Customer and Professional Customer NYSE FANG+ transactions, 
whether executed manually or electronically.\4\ However, the Exchange 
would not charge a fee for any FAANG transactions (i) on behalf of 
Customers or (ii) by Market Makers with an appointment in NYSE 
FANG+.\5\ Market Makers that do not have an appointment in NYSE FANG+ 
will be subject to the same fee of $0.35 per contract, per side for 
non-Customer and Professional Customer NYSE FANG+ transactions. 
Further, the Exchange would not impose the Lead Market Maker Rights 
Fees upon allocation in options on NYSE FANG+.\6\ The Exchange notes 
that volume in NYSE FANG+ would be included in calculations to qualify 
for any volume-based incentives currently being offered on the 
Exchange, including (but not limited to) the Non-Customer, Non-Penny 
Pilot Posting Tiers (as applicable) and the Firm and Broker Dealer 
Monthly Fee Cap.\7\
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    \4\ See proposed Fee Schedule, NYSE FANG+ Index (FAANG) 
Transaction Fees.
    \5\ See id. The term Market Maker, as used herein, includes NYSE 
Arca Options Market Makers and Lead Market Makers (or LMMs).
    \6\ See proposed Fee Schedule, Endnote 2 (providing that ``[t]he 
Lead Market Maker Rights Fee does not apply to options on the NYSE 
FANG+ Index (FAANG)'').
    \7\ See proposed Fee Schedule, Endnote 8 (providing that ``[a]ny 
volume in options on NYSE FANG+ (FAANG) would be included in 
calculations to qualify for any volume-based incentives currently 
being offered on the Exchange'').
---------------------------------------------------------------------------

    The Exchange believes the proposed fees for NYSE FANG+ would 
further the Exchange's goal of introducing new products to the 
marketplace by encouraging trading in this index, in particular by 
encouraging Market Makers to make a market in these products, which 
would in turn, benefit market participants.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act, in general, and furthers the objectives 
of Sections 6(b)(4) and (5) of the Act, in particular, because it 
provides for the equitable allocation of reasonable dues, fees, and

[[Page 31437]]

other charges among its members, issuers and other persons using its 
facilities and does not unfairly discriminate between customers, 
issuers, brokers or dealers.
    The Exchange believes the proposal to implement fees for options on 
NYSE FANG+ is reasonable, equitable and not unfairly discriminatory for 
the following reasons. The Exchange believes the proposed fees, which 
apply equally to electronic and manual (open outcry) transactions, on 
behalf of non-Customers and Professional Customers, on the one hand, 
and Customers, on the other hand, to be reasonable and equitable 
because the proposed differentiation among market participants for NYSE 
FANG+ fees is consistent with the manner in which the Exchange 
distinguishes among market participants for fee purposes in other 
contexts.\8\ The Exchange believes that not imposing fees for NYSE 
FANG+ transactions on behalf of Customers is likewise reasonable, 
equitable and not unfairly discriminatory because Customer order flow 
enhances liquidity on the Exchange for the benefit of all market 
participants. Specifically, Customer liquidity benefits all market 
participants by providing more trading opportunities, which attracts 
Market Makers. An increase in the activity of Market Makers in turn 
facilitates tighter spreads, which may cause an additional 
corresponding increase in order flow from other market participants.
---------------------------------------------------------------------------

    \8\ See, e.g., Fee Schedule, TRANSACTION FEE FOR MANUAL 
EXECUTIONS--PER CONTRACT (providing that non-Customers (i.e., NYSE 
Arca Options Market Makers, Firms and Broker Dealers) and 
Professional Customers are charged a total $0.25 per contract for 
manual executions, while Customers are charged $0.00 per contract 
for manual executions).
---------------------------------------------------------------------------

    The Exchange believes that applying the same fee on all non-
Customer and Professional Customer NYSE FANG+ option transactions, 
other than those by Market Makers with an appointment in NYSE FANG+, is 
non-discriminatory because it applies to all similarly situated 
participants on an equal basis that opt to trade the product. Moreover, 
the decision to transact in NYSE FANG+ (or, for Market Makers, to seek 
an appointment) is voluntary. The Exchange believes that allowing 
Market Makers with an appointment in NYSE FANG+ to transact in the 
product free of charge is not unfairly discriminatory because Market 
Makers have heightened obligations that are not applicable to other 
non-Customer and Professional Customer market participants.\9\ It is 
also non-discriminatory because all Market Makers may apply for an 
appointment in NYSE FANG+ options. Further, encouraging Market Makers 
to seek an appointment in, and thus provide continuous quotes in, NYSE 
FANG+ would add liquidity to the market and provide market 
participants--both Customer and non-Customer alike--increased 
opportunities to trade options on NYSE FANG+. The Exchange believes 
that exempting transactions in NYSE FANG+ from the monthly Rights Fees 
would likewise encourage trading in NYSE FANG+ options, which increase 
in the availability of such options would benefit all market 
participants.
---------------------------------------------------------------------------

    \9\ See, e.g., Rules 6.82-O, 6.37A-O, 6.37B-O (setting forth 
heightened quoting obligations).
---------------------------------------------------------------------------

    Further, the proposal to include any volume in NYSE FANG+ in the 
calculations to qualify for any volume-based incentives offered on the 
Exchange would further the Exchange's goal of introducing new products 
to the marketplace by encouraging trading in these products. To the 
extent that the proposed change incentivizes any market participants to 
direct their order flow to the Exchange, all market participants would 
benefit from increased liquidity and trading opportunities on the 
Exchange. Finally, the Exchange notes that offering market participants 
incentives to trade in certain newly offered products is not new or 
novel.\10\
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    \10\ See, e.g., Securities Exchange Act Release No. 77294 (March 
4, 2016), 81 FR 12775 (March 10, 2016) (SR-NYSEArca-2016-40) 
(addressing the treatment of Binary Return Derivatives--or ByRDs--
and exempting such transactions from all Exchange fees to encourage 
trading in the product).
---------------------------------------------------------------------------

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

    In accordance with Section 6(b)(8) of the Act, the Exchange does 
not believe that the proposed rule change would impose any burden on 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act. The Exchange believes the proposed transaction 
fees for NYSE FANG+ would not place an unfair burden on competition as 
it would apply to all similarly situated non-Customer/non-Market Maker 
participants. The Exchange also believes the proposed pricing for NYSE 
FANG+ is procompetitive as it would further the Exchange's goal of 
introducing new products to the marketplace and encouraging Market 
Makers to make a market in these products, which would in turn, benefit 
market participants. Market participants that do not wish to trade in 
or seek an appointment in NYSE FANG+ are not obliged to do so.
    The Exchange does not believe that the proposed change will impair 
the ability of any market participants or competing order execution 
venues to maintain their competitive standing in the financial markets. 
Further, the fees would be applied to all similarly situated 
participants (i.e., non-Customers and Professional Customers), and, as 
such, the proposed change would not impose a disparate burden on 
competition either among or between classes of market participants.

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 No. SR-NYSEArca-2018-49 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange

[[Page 31438]]

Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File No. SR-NYSEArca-2018-49. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File No. SR-NYSEArca-2018-49, and should be submitted 
on or before July 26, 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. 2018-14363 Filed 7-3-18; 8:45 am]
 BILLING CODE 8011-01-P



                                              31436                           Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Notices

                                              Office of Management and Budget                          SECURITIES AND EXCHANGE                                  introduce fees for the newly listed
                                              (‘‘OMB’’) a request for approval of                      COMMISSION                                               options on the NYSE FANG+ Index
                                              extension of the previously approved                                                                              (‘‘NYSE FANG+’’), which will trade
                                                                                                       [Release No. 34–83554; File No. SR–
                                              collection of information provided for in                NYSEArca–2018–49]
                                                                                                                                                                under the symbol FAANG.
                                              Rule 15g–6—Account Statements for                                                                                    The Exchange proposes that for fee
                                              Penny Stock Customers—(17 CFR                            Self-Regulatory Organizations; NYSE                      purposes transactions in FAANG
                                              240.15g–6) under the Securities                          Arca, Inc.; Notice of Filing and                         options would not be treated as adding
                                              Exchange Act of 1934 (15 U.S.C. 78a et                   Immediate Effectiveness of Proposed                      or removing liquidity, but rather that all
                                              seq.).                                                   Rule Change To Modify the NYSE Arca                      transactions, both manual and
                                                                                                       Options Fee Schedule                                     electronic, be charged by account status.
                                                 Rule 15g–6 requires brokers and                                                                                   As proposed, the Exchange would
                                              dealers that sell penny stocks to provide                June 28, 2018.                                           charge $0.35 per contract, per side for
                                              their customers monthly account                             Pursuant to Section 19(b)(1) 1 of the                 non-Customer and Professional
                                              statements containing information with                   Securities Exchange Act of 1934 (the                     Customer NYSE FANG+ transactions,
                                              regard to the penny stocks held in                       ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                   whether executed manually or
                                              customer accounts. The purpose of the                    notice is hereby given that, on June 27,                 electronically.4 However, the Exchange
                                              rule is to increase the level of disclosure              2018, NYSE Arca, Inc. (the ‘‘Exchange’’                  would not charge a fee for any FAANG
                                              to investors concerning penny stocks                     or ‘‘NYSE Arca’’) filed with the                         transactions (i) on behalf of Customers
                                              generally and specific penny stock                       Securities and Exchange Commission                       or (ii) by Market Makers with an
                                              transactions.                                            (the ‘‘Commission’’) the proposed rule                   appointment in NYSE FANG+.5 Market
                                                                                                       change as described in Items I, II, and                  Makers that do not have an appointment
                                                 The Commission estimates that                         III below, which Items have been
                                              approximately 195 broker-dealers will                                                                             in NYSE FANG+ will be subject to the
                                                                                                       prepared by the self-regulatory                          same fee of $0.35 per contract, per side
                                              spend an average of 78 hours annually                    organization. The Commission is                          for non-Customer and Professional
                                              to comply with this rule. Thus, the total                publishing this notice to solicit                        Customer NYSE FANG+ transactions.
                                              compliance burden is approximately                       comments on the proposed rule change                     Further, the Exchange would not
                                              15,210 burden-hours per year.                            from interested persons.                                 impose the Lead Market Maker Rights
                                                 An agency may not conduct or                          I. Self-Regulatory Organization’s                        Fees upon allocation in options on
                                              sponsor, and a person is not required to                 Statement of the Terms of Substance of                   NYSE FANG+.6 The Exchange notes
                                              respond to, a collection of information                  the Proposed Rule Change                                 that volume in NYSE FANG+ would be
                                              under the PRA unless it displays a                                                                                included in calculations to qualify for
                                                                                                          The Exchange proposes to modify the
                                              currently valid OMB control number.                                                                               any volume-based incentives currently
                                                                                                       NYSE Arca Options Fee Schedule (‘‘Fee
                                                 The public may view background                                                                                 being offered on the Exchange,
                                                                                                       Schedule’’). The Exchange proposes to
                                              documentation for this information                                                                                including (but not limited to) the Non-
                                                                                                       implement the fee change effective June
                                                                                                                                                                Customer, Non-Penny Pilot Posting
                                              collection at the following website:                     27, 2018. The proposed rule change is
                                                                                                                                                                Tiers (as applicable) and the Firm and
                                              http://www.reginfo.gov. Comments                         available on the Exchange’s website at
                                                                                                                                                                Broker Dealer Monthly Fee Cap.7
                                              should be directed to: (i) Desk Officer                  www.nyse.com, at the principal office of
                                                                                                                                                                   The Exchange believes the proposed
                                              for the Securities and Exchange                          the Exchange, and at the Commission’s
                                                                                                                                                                fees for NYSE FANG+ would further the
                                              Commission, Office of Information and                    Public Reference Room.
                                                                                                                                                                Exchange’s goal of introducing new
                                              Regulatory Affairs, Office of                            II. Self-Regulatory Organization’s                       products to the marketplace by
                                              Management and Budget, Room 10102,                       Statement of the Purpose of, and                         encouraging trading in this index, in
                                              New Executive Office Building,                           Statutory Basis for, the Proposed Rule                   particular by encouraging Market
                                              Washington, DC 20503 or by sending an                    Change                                                   Makers to make a market in these
                                              email to: Shagufta_Ahmed@                                   In its filing with the Commission, the                products, which would in turn, benefit
                                              omb.eop.gov; and (ii) Pamela Dyson,                      self-regulatory organization included                    market participants.
                                              Director/Chief Information Officer,                      statements concerning the purpose of,                    2. Statutory Basis
                                              Securities and Exchange Commission,                      and basis for, the proposed rule change
                                              c/o Candace Kenner, 100 F Street NE,                     and discussed any comments it received                      The Exchange believes that the
                                              Washington, DC 20549 or by sending an                    on the proposed rule change. The text                    proposed rule change is consistent with
                                              email to PRA_Mailbox@sec.gov.                            of those statements may be examined at                   Section 6(b) of the Act, in general, and
                                              Comments must be submitted within 30                     the places specified in Item IV below.                   furthers the objectives of Sections
                                              days of this notice.                                     The Exchange has prepared summaries,                     6(b)(4) and (5) of the Act, in particular,
                                                                                                       set forth in sections A, B, and C below,                 because it provides for the equitable
                                                Dated: June 28, 2018.                                                                                           allocation of reasonable dues, fees, and
                                                                                                       of the most significant parts of such
                                              Eduardo A. Aleman,
                                                                                                       statements.                                                4 See proposed Fee Schedule, NYSE FANG+
                                              Assistant Secretary.
                                                                                                       A. Self-Regulatory Organization’s                        Index (FAANG) Transaction Fees.
                                              [FR Doc. 2018–14357 Filed 7–3–18; 8:45 am]                                                                          5 See id. The term Market Maker, as used herein,
                                                                                                       Statement of the Purpose of, and the
                                              BILLING CODE 8011–01–P                                                                                            includes NYSE Arca Options Market Makers and
                                                                                                       Statutory Basis for, the Proposed Rule                   Lead Market Makers (or LMMs).
                                                                                                       Change                                                     6 See proposed Fee Schedule, Endnote 2
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                                                                                (providing that ‘‘[t]he Lead Market Maker Rights
                                                                                                       1. Purpose                                               Fee does not apply to options on the NYSE FANG+
                                                                                                          The purpose of this filing is to modify               Index (FAANG)’’).
                                                                                                                                                                  7 See proposed Fee Schedule, Endnote 8
                                                                                                       the Fee Schedule, effective 27, 2018, to
                                                                                                                                                                (providing that ‘‘[a]ny volume in options on NYSE
                                                                                                                                                                FANG+ (FAANG) would be included in
                                                                                                            1 15 U.S.C. 78s(b)(1).                              calculations to qualify for any volume-based
                                                                                                            2 15 U.S.C. 78a.                                    incentives currently being offered on the
                                                                                                            3 17 CFR 240.19b–4.                                 Exchange’’).



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                                                                              Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Notices                                            31437

                                              other charges among its members,                         Makers may apply for an appointment                    ability of any market participants or
                                              issuers and other persons using its                      in NYSE FANG+ options. Further,                        competing order execution venues to
                                              facilities and does not unfairly                         encouraging Market Makers to seek an                   maintain their competitive standing in
                                              discriminate between customers,                          appointment in, and thus provide                       the financial markets. Further, the fees
                                              issuers, brokers or dealers.                             continuous quotes in, NYSE FANG+                       would be applied to all similarly
                                                 The Exchange believes the proposal to                 would add liquidity to the market and                  situated participants (i.e., non-
                                              implement fees for options on NYSE                       provide market participants—both                       Customers and Professional Customers),
                                              FANG+ is reasonable, equitable and not                   Customer and non-Customer alike—                       and, as such, the proposed change
                                              unfairly discriminatory for the following                increased opportunities to trade options               would not impose a disparate burden on
                                              reasons. The Exchange believes the                       on NYSE FANG+. The Exchange                            competition either among or between
                                              proposed fees, which apply equally to                    believes that exempting transactions in                classes of market participants.
                                              electronic and manual (open outcry)                      NYSE FANG+ from the monthly Rights
                                                                                                                                                              C. Self-Regulatory Organization’s
                                              transactions, on behalf of non-                          Fees would likewise encourage trading
                                                                                                                                                              Statement on Comments on the
                                              Customers and Professional Customers,                    in NYSE FANG+ options, which
                                                                                                                                                              Proposed Rule Change Received From
                                              on the one hand, and Customers, on the                   increase in the availability of such
                                                                                                                                                              Members, Participants, or Others
                                              other hand, to be reasonable and                         options would benefit all market
                                              equitable because the proposed                           participants.                                            No written comments were solicited
                                              differentiation among market                                Further, the proposal to include any                or received with respect to the proposed
                                              participants for NYSE FANG+ fees is                      volume in NYSE FANG+ in the                            rule change.
                                              consistent with the manner in which the                  calculations to qualify for any volume-                III. Date of Effectiveness of the
                                              Exchange distinguishes among market                      based incentives offered on the                        Proposed Rule Change and Timing for
                                              participants for fee purposes in other                   Exchange would further the Exchange’s                  Commission Action
                                              contexts.8 The Exchange believes that                    goal of introducing new products to the
                                                                                                       marketplace by encouraging trading in                     The foregoing rule change is effective
                                              not imposing fees for NYSE FANG+                                                                                upon filing pursuant to Section
                                              transactions on behalf of Customers is                   these products. To the extent that the
                                                                                                       proposed change incentivizes any                       19(b)(3)(A) 11 of the Act and
                                              likewise reasonable, equitable and not                                                                          subparagraph (f)(2) of Rule 19b–4 12
                                              unfairly discriminatory because                          market participants to direct their order
                                                                                                       flow to the Exchange, all market                       thereunder, because it establishes a due,
                                              Customer order flow enhances liquidity                                                                          fee, or other charge imposed by the
                                              on the Exchange for the benefit of all                   participants would benefit from
                                                                                                       increased liquidity and trading                        Exchange.
                                              market participants. Specifically,                                                                                 At any time within 60 days of the
                                              Customer liquidity benefits all market                   opportunities on the Exchange. Finally,
                                                                                                       the Exchange notes that offering market                filing of such proposed rule change, the
                                              participants by providing more trading                                                                          Commission summarily may
                                              opportunities, which attracts Market                     participants incentives to trade in
                                                                                                       certain newly offered products is not                  temporarily suspend such rule change if
                                              Makers. An increase in the activity of                                                                          it appears to the Commission that such
                                              Market Makers in turn facilitates tighter                new or novel.10
                                                                                                                                                              action is necessary or appropriate in the
                                              spreads, which may cause an additional                   B. Self-Regulatory Organization’s                      public interest, for the protection of
                                              corresponding increase in order flow                     Statement on Burden on Competition                     investors, or otherwise in furtherance of
                                              from other market participants.                             In accordance with Section 6(b)(8) of               the purposes of the Act. If the
                                                 The Exchange believes that applying                   the Act, the Exchange does not believe                 Commission takes such action, the
                                              the same fee on all non-Customer and                     that the proposed rule change would                    Commission shall institute proceedings
                                              Professional Customer NYSE FANG+                         impose any burden on competition that                  under Section 19(b)(2)(B) 13 of the Act to
                                              option transactions, other than those by                 is not necessary or appropriate in                     determine whether the proposed rule
                                              Market Makers with an appointment in                     furtherance of the purposes of the Act.                change should be approved or
                                              NYSE FANG+, is non-discriminatory                        The Exchange believes the proposed                     disapproved.
                                              because it applies to all similarly                      transaction fees for NYSE FANG+
                                              situated participants on an equal basis                                                                         IV. Solicitation of Comments
                                                                                                       would not place an unfair burden on
                                              that opt to trade the product. Moreover,                 competition as it would apply to all                     Interested persons are invited to
                                              the decision to transact in NYSE FANG+                   similarly situated non-Customer/non-                   submit written data, views, and
                                              (or, for Market Makers, to seek an                       Market Maker participants. The                         arguments concerning the foregoing,
                                              appointment) is voluntary. The                           Exchange also believes the proposed                    including whether the proposed rule
                                              Exchange believes that allowing Market                   pricing for NYSE FANG+ is                              change is consistent with the Act.
                                              Makers with an appointment in NYSE                       procompetitive as it would further the                 Comments may be submitted by any of
                                              FANG+ to transact in the product free of                 Exchange’s goal of introducing new                     the following methods:
                                              charge is not unfairly discriminatory                    products to the marketplace and                        Electronic Comments
                                              because Market Makers have heightened                    encouraging Market Makers to make a
                                              obligations that are not applicable to                                                                            • Use the Commission’s internet
                                                                                                       market in these products, which would                  comment form (http://www.sec.gov/
                                              other non-Customer and Professional                      in turn, benefit market participants.
                                              Customer market participants.9 It is also                                                                       rules/sro.shtml); or
                                                                                                       Market participants that do not wish to                  • Send an email to rule-comments@
                                              non-discriminatory because all Market                    trade in or seek an appointment in                     sec.gov. Please include File No. SR–
                                                8 See, e.g., Fee Schedule, TRANSACTION FEE
                                                                                                       NYSE FANG+ are not obliged to do so.                   NYSEArca–2018–49 on the subject line.
                                                                                                          The Exchange does not believe that
amozie on DSK3GDR082PROD with NOTICES1




                                              FOR MANUAL EXECUTIONS—PER CONTRACT
                                              (providing that non-Customers (i.e., NYSE Arca           the proposed change will impair the                    Paper Comments
                                              Options Market Makers, Firms and Broker Dealers)                                                                  • Send paper comments in triplicate
                                              and Professional Customers are charged a total              10 See, e.g., Securities Exchange Act Release No.
                                              $0.25 per contract for manual executions, while
                                                                                                                                                              to Secretary, Securities and Exchange
                                                                                                       77294 (March 4, 2016), 81 FR 12775 (March 10,
                                              Customers are charged $0.00 per contract for             2016) (SR–NYSEArca–2016–40) (addressing the
                                                                                                                                                               11 15 U.S.C. 78s(b)(3)(A).
                                              manual executions).                                      treatment of Binary Return Derivatives—or ByRDs—
                                                9 See, e.g., Rules 6.82–O, 6.37A–O, 6.37B–O                                                                    12 17 CFR 240.19b–4(f)(2).
                                                                                                       and exempting such transactions from all Exchange
                                              (setting forth heightened quoting obligations).          fees to encourage trading in the product).              13 15 U.S.C. 78s(b)(2)(B).




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                                              31438                             Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Notices

                                              Commission, 100 F Street NE,                                  Notice is hereby given that, pursuant                 Commission, Office of FOIA Services,
                                              Washington, DC 20549–1090.                                 to the Paperwork Reduction Act of 1995                   100 F Street NE, Washington, DC
                                              All submissions should refer to File No.                   (44 U.S.C. 3501 et seq.), the Securities                 20549–2736
                                              SR–NYSEArca–2018–49. This file                             and Exchange Commission                               Extension:
                                              number should be included on the                           (‘‘Commission’’) has submitted to the                   Regulation G, SEC File No. 270–518, OMB
                                              subject line if email is used. To help the                 Office of Management and Budget this                      Control No. 3235–0576
                                              Commission process and review your                         request for extension of the previously                  Notice is hereby given that, pursuant
                                              comments more efficiently, please use                      approved collection of information                    to the Paperwork Reduction Act of 1995
                                              only one method. The Commission will                       discussed below.                                      (44 U.S.C. 3501 et seq.), the Securities
                                              post all comments on the Commission’s                         Form 20–F (17 CFR 249.220f) is used
                                                                                                                                                               and Exchange Commission
                                              internet website (http://www.sec.gov/                      to register securities of foreign private
                                                                                                                                                               (‘‘Commission’’) has submitted to the
                                              rules/sro.shtml). Copies of the                            issuers pursuant to Section 12 of the
                                                                                                                                                               Office of Management and Budget this
                                              submission, all subsequent                                 Securities Exchange Act of 1934
                                                                                                                                                               request for extension of the previously
                                              amendments, all written statements                         (‘‘Exchange Act’’) (15 U.S.C. 78l) or as
                                                                                                                                                               approved collection of information
                                              with respect to the proposed rule                          annual and transitional reports pursuant
                                                                                                                                                               discussed below.
                                              change that are filed with the                             to Sections 13 and 15(d) of the Exchange                 Regulation G (17 CFR 244.100–
                                              Commission, and all written                                Act (15 U.S.C. 78m(a) and 78o(d)). The                244.102) under the Securities Exchange
                                              communications relating to the                             information required in the Form 20–F                 Act of 1934 (the ‘‘Exchange Act’’) (15
                                              proposed rule change between the                           is used by investors in making                        U.S.C. 78a et seq.) requires publicly
                                              Commission and any person, other than                      investment decisions with respect to the              reporting companies that disclose or
                                              those that may be withheld from the                        securities of such foreign private                    releases financial information in a
                                              public in accordance with the                              issuers. We estimate that Form 20–F                   manner that is calculated or presented
                                              provisions of 5 U.S.C. 552, will be                        takes approximately 2,649.52 hours per                other than in accordance with generally
                                              available for website viewing and                          response and is filed by approximately                accepted accounting principles
                                              printing in the Commission’s Public                        725 respondents. We estimate that 25%                 (‘‘GAAP’’) to provide a reconciliation of
                                              Reference Room, 100 F Street NE,                           of the 2,649.52 hours per response                    the non-GAAP financial information to
                                              Washington, DC 20549, on official                          (662.3806 hours) is prepared by the                   the most directly comparable GAAP
                                              business days between the hours of                         issuer for a total reporting burden of                financial measure. Regulation G
                                              10:00 a.m. and 3:00 p.m. Copies of the                     480,226 (662.3806 hours per response ×                implemented the requirements of
                                              filing also will be available for                          725 responses).                                       Section 401 of the Sarbanes-Oxley Act
                                                                                                            An agency may not conduct or
                                              inspection and copying at the principal                                                                          of 2002 (15 U.S.C. 7261). We estimate
                                                                                                         sponsor, and a person is not required to
                                              office of the Exchange. All comments                                                                             that approximately 14,000 public
                                                                                                         respond to, a collection of information
                                              received will be posted without change.                                                                          companies must comply with
                                                                                                         unless it displays a currently valid
                                              Persons submitting comments are                                                                                  Regulation G approximately six times a
                                                                                                         control number.                                       year for a total of 84,000 responses
                                              cautioned that we do not redact or edit                       The public may view the background
                                              personal identifying information from                                                                            annually. We estimated that it takes
                                                                                                         documentation for this information
                                              comment submissions. You should                                                                                  approximately 0.5 hours per response
                                                                                                         collection at the following website,
                                              submit only information that you wish                                                                            (84,000 × 0.5 hours) for a total reporting
                                                                                                         www.reginfo.gov. Comments should be
                                              to make available publicly. All                                                                                  burden of 42,000 hours annually.
                                                                                                         directed to: (i) Desk Officer for the                    An agency may not conduct or
                                              submissions should refer to File No.                       Securities and Exchange Commission,
                                              SR–NYSEArca–2018–49, and should be                                                                               sponsor, and a person is not required to
                                                                                                         Office of Information and Regulatory                  respond to, a collection of information
                                              submitted on or before July 26, 2018.                      Affairs, Office of Management and                     unless it displays a currently valid
                                                For the Commission, by the Division of                   Budget, Room 10102, New Executive                     control number.
                                              Trading and Markets, pursuant to delegated                 Office Building, Washington, DC 20503,                   The public may view the background
                                              authority.14                                               or by sending an email to: Shagufta_                  documentation for this information
                                              Eduardo A. Aleman,                                         Ahmed@omb.eop.gov; and (ii) Pamela                    collection at the following website,
                                              Assistant Secretary.                                       Dyson, Director/Chief Information                     www.reginfo.gov. Comments should be
                                              [FR Doc. 2018–14363 Filed 7–3–18; 8:45 am]                 Officer, Securities and Exchange                      directed to: (i) Desk Officer for the
                                              BILLING CODE 8011–01–P                                     Commission, c/o Candace Kenner, 100 F                 Securities and Exchange Commission,
                                                                                                         Street NE, Washington, DC 20549 or                    Office of Information and Regulatory
                                                                                                         send an email to: PRA_Mailbox@                        Affairs, Office of Management and
                                              SECURITIES AND EXCHANGE                                    sec.gov. Comments must be submitted to                Budget, Room 10102, New Executive
                                              COMMISSION                                                 OMB within 30 days of this notice.                    Office Building, Washington, DC 20503,
                                              [SEC File No. 270–156, OMB Control No.                       Dated: June 28, 2018.                               or by sending an email to: Shagufta_
                                              3235–0288]                                                 Eduardo A. Aleman,                                    Ahmed@omb.eop.gov; and (ii) Pamela
                                                                                                         Assistant Secretary.                                  Dyson, Director/Chief Information
                                              Submission for OMB Review;                                 [FR Doc. 2018–14359 Filed 7–3–18; 8:45 am]
                                                                                                                                                               Officer, Securities and Exchange
                                              Comment Request                                                                                                  Commission, c/o Candace Kenner, 100 F
                                                                                                         BILLING CODE 8011–01–P
                                                                                                                                                               Street NE, Washington, DC 20549 or
                                              Upon Written Request Copies Available
                                                                                                                                                               send an email to: PRA_Mailbox@
                                               From: Securities and Exchange
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                         SECURITIES AND EXCHANGE                               sec.gov. Comments must be submitted to
                                               Commission, Office of FOIA Services,
                                                                                                         COMMISSION                                            OMB within 30 days of this notice.
                                               100 F Street NE, Washington, DC
                                               20549–2736                                                                                                        Dated: June 28, 2018.
                                                                                                         Submission for OMB Review;                            Eduardo A. Aleman,
                                              Extension:                                                 Comment Request
                                                Form 20–F                                                                                                      Assistant Secretary.
                                                                                                         Upon Written Request Copies Available                 [FR Doc. 2018–14361 Filed 7–3–18; 8:45 am]
                                                14 17   CFR 200.30–3(a)(12).                              From: Securities and Exchange                        BILLING CODE 8011–01–P




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Document Created: 2018-07-03 23:40:31
Document Modified: 2018-07-03 23:40:31
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 31436 

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