83_FR_39955 83 FR 39800 - 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 39800 - 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 155 (August 10, 2018)

Page Range39800-39802
FR Document2018-17124

Federal Register, Volume 83 Issue 155 (Friday, August 10, 2018)
[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Notices]
[Pages 39800-39802]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17124]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83780; File No. SR-NYSEARCA-2018-56]


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

August 6, 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 July 31, 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 August 1, 2018. The proposed rule change is available on the 
Exchange's website at www.nyse.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this filing is to modify the Fee Schedule, effective 
August 1, 2018, to modify or eliminate the criteria for achieving 
various credits.
    The Exchange currently provides a number of incentives for OTP 
Holders and OTP Firms (collectively, ``OTPs'') designed to encourage 
OTPs to direct additional order flow to the Exchange to achieve more 
favorable pricing and higher credits. Among these incentives are 
enhanced posted liquidity credits based on achieving certain 
percentages of NYSE Arca Equity daily activity, also known as ``cross-
asset pricing.'' In addition, certain of the qualifications for 
achieving these incentives are more tailored to specific activity 
(i.e., posting in Penny Pilot issues only, or cross-asset pricing based 
only on levels of Retail Orders on the NYSE Arca Equity Market). 
Similarly, because the Exchange allows Order Flow Providers (``OFPs'') 
to aggregate their volume executed on NYSE Arca with affiliated or 
Appointed Market Makers, OFPs may encourage an increased level of 
activity from these participants to qualify for various incentives, 
including higher credits for Customer orders.\4\ The Exchange proposes 
to modify certain of the thresholds for achieving posting credits on 
the Exchange as described below.
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    \4\ Per the Fee Schedule, ``[u]nless Professional Customer 
executions are specifically delineated, such executions will be 
treated as `Customer' executions for fee/credit purposes.'' See Fee 
Schedule, NYSE Arca OPTIONS: TRADE-RELATED CHARGES FOR STANDARD 
OPTIONS.
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    Pursuant to the Customer Penny Pilot Posting Tiers (the ``Penny 
Credit Tiers'', each a ``Penny Tier''), Customer orders

[[Page 39801]]

that post liquidity and are executed on the Exchange earn a base credit 
of $0.25 per contract, with the ability to earn increased credits (up 
to $0.50) based on the participant's activity. Currently, there are 
eight (8) Penny Credit Tiers, with increasing minimum volume thresholds 
associated with each tier.
    The Exchange proposes to eliminate Penny Tier 4, which would remove 
the $0.46 per contract credit for OTPs that achieve at least 0.60% of 
TCADV from Customer posted interest in all issues, plus executed 
Average Daily Volume (``ADV'') of Retail Orders of 0.1% ADV of U.S. 
Equity Market Share Posted and Executed on NYSE Arca Equity Market. 
Consistent with this change, the Exchange proposed to renumber the 
remaining higher Tiers (i.e., to re-number current Penny Tiers 5-8 to 
Penny Tiers 4-7). The Exchange also proposes to modify certain minimum 
volume thresholds in new Penny Tiers 5 and 6. In new Penny Tier 5, in 
the alternative qualification, an OTP would earn the $0.48 per contract 
credit by achieving at least 0.75% (up from 0.50%) of TCADV from 
Customer posted interest in all issues, plus at least 0.45% of TCADV 
from Market Maker Total Electronic Volume.\5\ As proposed, in the new 
Penny Tier 6, an OTP would earn the $0.49 per contract credit by 
achieving at least 0.75% (up from 0.50%) of TCADV from Customer posted 
interest in all issues, plus at least 0.60% of TCADV from Market Maker 
Total Electronic Volume.
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    \5\ Per the Fee Schedule, the ``Total Industry Customer equity 
and ETF option average daily volume (`TCADV') includes OCC 
calculated Customer volume of all types, including Complex Order 
Transactions and QCC transactions, in equity and ETF options.'' See 
Fee Schedule, endnote 8.
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    The Exchange also offers a Customer Incentive Program (the 
``Incentive Program''), which offers OTPs the ability to earn one 
additional credit by achieving the minimum thresholds listed.\6\ The 
Exchange now proposes to eliminate one of the alternatives. 
Specifically, the Exchange would no longer provide an additional $0.03 
per contract credit for achieving executed ADV of retail orders of 
0.10% ADV of U.S. Equity Market Share Posted and Executed on NYSE Arca 
Equity Market.
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    \6\ The Exchange proposes to make a non-substantive change to 
the second alternative basis for the Incentive Program by replacing 
reference to ``Total Industry Customer equity and ETF option ADV'' 
with the defined abbreviation of ``TCADV,'' which would add clarity 
and internal consistency to the Fee Schedule. See proposed Fee 
Schedule, Customer Incentive Program.
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    The Exchange also offers increasing credits to be applied to 
executions of Customer posted interest in non-Penny Pilot issues based 
on minimum volume thresholds through the Customer Posting Credit Tiers 
in Non-Penny Pilot Issues (``Non-Penny Credit Tiers'', each a ``Non-
Penny Tier''). The Exchange proposes to eliminate one Non-Penny Tier 
(the current Tier A), which would remove the $0.83 per contract credit 
for OTPs that achieve at least 0.70% of TCADV from Customer posted 
interest in all issues, plus executed ADV of Retail Orders of 0.1% ADV 
of U.S. Equity Market Share Posted and Executed on NYSE Arca Equity 
Market. Consistent with this change, the Exchange proposes to re-title 
the balance of the Non-Penny Tiers (i.e., to re-title current Non-Penny 
Tiers B-F to Non-Penny Tiers A through E).
    Additionally, the Exchange proposes to modify the minimum volume 
threshold required to achieve new Tier B, such that an OTP would earn 
the $0.94 per contract credit by achieving at least 0.75% (up from 
0.50%) of TCADV from Customer posted interest in all issues, plus an 
ADV from Market Maker Total Electronic Volume equal to 0.45% of TCADV. 
The Exchange also proposes to modify the minimum volume threshold for 
the new Tier D, such that an OTP would earn the $1.00 per contract 
credit by achieving at least 0.75% (up from 0.50%) of TCADV from 
Customer posted interest in all issues, plus an ADV from Market Maker 
Total Electronic Volume equal to 0.60% of TCADV.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\7\ in general, and furthers the 
objectives of Sections 6(b)(4) and (5) of the Act,\8\ in particular, 
because it provides for the equitable allocation of reasonable dues, 
fees, and other charges among its members, issuers and other persons 
using its facilities and does not unfairly discriminate between 
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes that the proposed modifications to the 
minimum threshold qualification for certain of the Penny, and Non-
Penny, Credit Tiers and the Incentive Program are reasonable, 
equitable, and not unfairly discriminatory because, among other things, 
the proposed changes would streamline the available means for an OTP to 
qualify for credits on the Exchange, while still offering OTPs 
incentives to direct volume to the Exchange. The Exchange notes that it 
proposes to remove certain tiers from the various posting credit 
programs because such tiers are underutilized. The proposed changes, 
therefore, should provide more meaningful criteria for OTPs to qualify 
for (and seek to achieve higher) credits by posting desired volume on 
the Exchange. The Exchange believes that the proposed changes would 
continue to attract Customer (and Professional Customer) orders to the 
Exchange, which results in increased liquidity to the benefit of all 
participants by offering greater price discovery, increased 
transparency, and an increased opportunity to trade on the Exchange.
    The Exchange also believes the proposed changes are reasonable, 
equitable and not unfairly discriminatory because the modified minimum 
volume thresholds for the Penny, and Non-Penny, Tiers and the Incentive 
Program would be available to all similarly-situated market 
participants on an equal and non-discriminatory basis. The Exchange 
believes the proposed modifications are reasonable, equitable and not 
unfairly discriminatory because they encourage participants to enhance 
their order flow to qualify for the various incentives, including 
encouraging more participants to have affiliated or appointed order 
flow directed to the Exchange. Further, encouraging OFPs to send higher 
volumes of Customer (and Professional Customer) orders to the Exchange 
would also contribute to the Exchange's depth of book as well as to the 
top of book liquidity.
    The proposed changes to the various posting credit incentives 
offered on the Exchange are also reasonable as they are consistent with 
similar such programs offered on other exchanges.\9\
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    \9\ See e.g., NASDAQ Options Market, Chapter XV Options Pricing, 
Sec. 2, Fees and Rebates, available here, http://nasdaq.cchwallstreet.com/NASDAQTools/PlatformViewer.asp?selectednode=chp_1_1_15&manual=%2Fnasdaq%2Fmain%2Fnasdaq-optionsrules%2F (setting forth various rebates per executed 
contract, including for adding Customer and Professional Customer 
volume).
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    Finally, the Exchange believes the proposed non-substantive changes 
to the Fee Schedule (see supra note 6) are reasonable, equitable, and 
not unfairly discriminatory because it would add clarity, transparency 
and internal consistency to the Fee Schedule.

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 will impose any burden on 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act. Instead, the Exchange believes that the

[[Page 39802]]

proposed changes would encourage competition, including by attracting 
additional liquidity to the Exchange, which would continue to make the 
Exchange a more competitive venue for, among other things, order 
execution and price discovery. The Exchange does not believe that the 
proposed change would impair the ability of any market participants or 
competing order execution venues to maintain their competitive standing 
in the financial markets. Further, the incentive would be available to 
all similarly-situated participants, and, as such, the proposed change 
would not impose a disparate burden on competition either among or 
between classes of market participants and may, in fact, encourage 
competition. The Exchange notes that the proposed rule change merely 
modifies existing posting tiers that offer additional credits to OTPs 
that (opt to) meet certain volume thresholds. The proposed change does 
not impose any new burden or requirement on OTPs, as achieving the 
modified tiers is voluntary (i.e., an OTP that does not does not seek 
to achieve additional credits by meeting the modified volume thresholds 
has no obligation to do so).
    The Exchange notes that it operates in a highly competitive market 
in which market participants can readily favor competing venues. In 
such an environment, the Exchange must continually review, and consider 
adjusting, its fees and credits to remain competitive with other 
exchanges. For the reasons described above, the Exchange believes that 
the proposed rule change reflects this competitive environment.

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

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

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

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

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings under 
Section 19(b)(2)(B) \12\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \12\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSEARCA-2018-56 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEARCA-2018-56. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549 on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-NYSEARCA-2018-56 and should be submitted 
on or before August 31, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-17124 Filed 8-9-18; 8:45 am]
BILLING CODE 8011-01-P



                                               39800                         Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices

                                               NUCLEAR REGULATORY                                      contacting the identified DFO.                        the Commission’s Public Reference
                                               COMMISSION                                              Moreover, in view of the possibility that             Room.
                                                                                                       the schedule for ACRS meetings may be
                                               Notice of Meeting of the Advisory                                                                             II. Self-Regulatory Organization’s
                                                                                                       adjusted by the Chairman as necessary
                                               Committee on Reactor Safeguards                                                                               Statement of the Purpose of, and
                                                                                                       to facilitate the conduct of the meeting,
                                               (ACRS) Subcommittee on Regulatory                                                                             Statutory Basis for, the Proposed Rule
                                                                                                       persons planning to attend should check
                                               Policies & Practices                                                                                          Change
                                                                                                       with these references if such
                                                                                                       rescheduling would result in a major                    In its filing with the Commission, the
                                                  The ACRS Subcommittee on                                                                                   self-regulatory organization included
                                                                                                       inconvenience.
                                               Regulatory Policies and Practices will                                                                        statements concerning the purpose of,
                                                                                                         If attending this meeting, please enter
                                               hold a meeting on August 22, 2018, at                                                                         and basis for, the proposed rule change
                                                                                                       through the One White Flint North
                                               11545 Rockville Pike, Room T–2B1,                                                                             and discussed any comments it received
                                                                                                       building, 11555 Rockville Pike,
                                               Rockville, Maryland 20852.                                                                                    on the proposed rule change. The text
                                                  This meeting will be open to public                  Rockville, Maryland 20852. After
                                                                                                       registering with Security, please contact             of those statements may be examined at
                                               attendance. The agenda for the subject
                                                                                                       Mr. Theron Brown (Telephone 301–                      the places specified in Item IV below.
                                               meeting shall be as follows:
                                                                                                       415–6207) to be escorted to the meeting               The Exchange has prepared summaries,
                                               Wednesday, August 22, 2018—1:00 p.m.                    room.                                                 set forth in sections A, B, and C below,
                                               Until 5:00 p.m.                                           Dated: August 2, 2018.
                                                                                                                                                             of the most significant parts of such
                                                  The Subcommittee will review the                                                                           statements.
                                                                                                       Mark L. Banks,
                                               Early Site Permit for Clinch River                      Chief, Technical Support Branch, Advisory             A. Self-Regulatory Organization’s
                                               (Section 13.3, ‘‘Emergency Planning’’)                  Committee on Reactor Safeguards.                      Statement of the Purpose of, and the
                                               and will hear presentations by and hold                 [FR Doc. 2018–17119 Filed 8–9–18; 8:45 am]            Statutory Basis for, the Proposed Rule
                                               discussions with the NRC staff and                      BILLING CODE 7590–01–P                                Change
                                               other interested persons regarding this
                                               matter. The Subcommittee will gather                                                                          1. Purpose
                                               information, analyze relevant issues and                SECURITIES AND EXCHANGE                                  The purpose of this filing is to modify
                                               facts, and formulate proposed positions                 COMMISSION                                            the Fee Schedule, effective August 1,
                                               and actions, as appropriate, for                                                                              2018, to modify or eliminate the criteria
                                               deliberation by the Full Committee.                     [Release No. 34–83780; File No. SR–                   for achieving various credits.
                                                  Members of the public desiring to                    NYSEARCA–2018–56]                                        The Exchange currently provides a
                                               provide oral statements and/or written                                                                        number of incentives for OTP Holders
                                               comments should notify the Designated                   Self-Regulatory Organizations; NYSE                   and OTP Firms (collectively, ‘‘OTPs’’)
                                               Federal Official (DFO), Quynh Nguyen                    Arca, Inc.; Notice of Filing and                      designed to encourage OTPs to direct
                                               (Telephone 301–415–5844 or Email                        Immediate Effectiveness of Proposed                   additional order flow to the Exchange to
                                               Quynh.Nguyen@nrc.gov) five days prior                   Rule Change To Modify the NYSE Arca                   achieve more favorable pricing and
                                               to the meeting, if possible, so that                    Options Fee Schedule                                  higher credits. Among these incentives
                                               appropriate arrangements can be made.                   August 6, 2018.                                       are enhanced posted liquidity credits
                                               Thirty-five hard copies of each                            Pursuant to Section 19(b)(1) 1 of the              based on achieving certain percentages
                                               presentation or handout should be                       Securities Exchange Act of 1934 (the                  of NYSE Arca Equity daily activity, also
                                               provided to the DFO thirty minutes                      ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                known as ‘‘cross-asset pricing.’’ In
                                               before the meeting. In addition, one                    notice is hereby given that, on July 31,              addition, certain of the qualifications for
                                               electronic copy of each presentation                    2018, NYSE Arca, Inc. (the ‘‘Exchange’’               achieving these incentives are more
                                               should be emailed to the DFO one day                    or ‘‘NYSE Arca’’) filed with the                      tailored to specific activity (i.e., posting
                                               before the meeting. If an electronic copy               Securities and Exchange Commission                    in Penny Pilot issues only, or cross-asset
                                               cannot be provided within this                          (the ‘‘Commission’’) the proposed rule                pricing based only on levels of Retail
                                               timeframe, presenters should provide                    change as described in Items I, II, and               Orders on the NYSE Arca Equity
                                               the DFO with a CD containing each                       III below, which Items have been                      Market). Similarly, because the
                                               presentation at least thirty minutes                    prepared by the self-regulatory                       Exchange allows Order Flow Providers
                                               before the meeting. Electronic                          organization. The Commission is                       (‘‘OFPs’’) to aggregate their volume
                                               recordings will be permitted only                       publishing this notice to solicit                     executed on NYSE Arca with affiliated
                                               during those portions of the meeting                    comments on the proposed rule change                  or Appointed Market Makers, OFPs may
                                               that are open to the public. The public                 from interested persons.                              encourage an increased level of activity
                                               bridgeline number for the meeting is                                                                          from these participants to qualify for
                                               866–822–3032, passcode 8272423.                         I. Self-Regulatory Organization’s                     various incentives, including higher
                                               Detailed procedures for the conduct of                  Statement of the Terms of Substance of                credits for Customer orders.4 The
                                               and participation in ACRS meetings                      the Proposed Rule Change                              Exchange proposes to modify certain of
                                               were published in the Federal Register                    The Exchange proposes to modify the                 the thresholds for achieving posting
                                               on October 4, 2017 (82 FR 46312).                       NYSE Arca Options Fee Schedule (‘‘Fee                 credits on the Exchange as described
                                                  Detailed meeting agendas and meeting                 Schedule’’). The Exchange proposes to                 below.
                                               transcripts are available on the NRC                    implement the fee change effective                       Pursuant to the Customer Penny Pilot
                                               website at http://www.nrc.gov/reading-                  August 1, 2018. The proposed rule                     Posting Tiers (the ‘‘Penny Credit Tiers’’,
daltland on DSKBBV9HB2PROD with NOTICES




                                               rm/doc-collections/acrs. Information                    change is available on the Exchange’s                 each a ‘‘Penny Tier’’), Customer orders
                                               regarding topics to be discussed,                       website at www.nyse.com, at the
                                               changes to the agenda, whether the                      principal office of the Exchange, and at                4 Per the Fee Schedule, ‘‘[u]nless Professional

                                               meeting has been canceled or                                                                                  Customer executions are specifically delineated,
                                                                                                                                                             such executions will be treated as ‘Customer’
                                               rescheduled, and the time allotted to                     1 15 U.S.C. 78s(b)(1).                              executions for fee/credit purposes.’’ See Fee
                                               present oral statements can be obtained                   2 15 U.S.C. 78a.                                    Schedule, NYSE Arca OPTIONS: TRADE-RELATED
                                               from the website cited above or by                        3 17 CFR 240.19b–4.                                 CHARGES FOR STANDARD OPTIONS.



                                          VerDate Sep<11>2014   19:03 Aug 09, 2018   Jkt 244001   PO 00000   Frm 00144   Fmt 4703   Sfmt 4703   E:\FR\FM\10AUN1.SGM   10AUN1


                                                                             Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices                                                      39801

                                               that post liquidity and are executed on                 thresholds through the Customer                         because such tiers are underutilized.
                                               the Exchange earn a base credit of $0.25                Posting Credit Tiers in Non-Penny Pilot                 The proposed changes, therefore, should
                                               per contract, with the ability to earn                  Issues (‘‘Non-Penny Credit Tiers’’, each                provide more meaningful criteria for
                                               increased credits (up to $0.50) based on                a ‘‘Non-Penny Tier’’). The Exchange                     OTPs to qualify for (and seek to achieve
                                               the participant’s activity. Currently,                  proposes to eliminate one Non-Penny                     higher) credits by posting desired
                                               there are eight (8) Penny Credit Tiers,                 Tier (the current Tier A), which would                  volume on the Exchange. The Exchange
                                               with increasing minimum volume                          remove the $0.83 per contract credit for                believes that the proposed changes
                                               thresholds associated with each tier.                   OTPs that achieve at least 0.70% of                     would continue to attract Customer (and
                                                  The Exchange proposes to eliminate                   TCADV from Customer posted interest                     Professional Customer) orders to the
                                               Penny Tier 4, which would remove the                    in all issues, plus executed ADV of                     Exchange, which results in increased
                                               $0.46 per contract credit for OTPs that                 Retail Orders of 0.1% ADV of U.S.                       liquidity to the benefit of all
                                               achieve at least 0.60% of TCADV from                    Equity Market Share Posted and                          participants by offering greater price
                                               Customer posted interest in all issues,                 Executed on NYSE Arca Equity Market.                    discovery, increased transparency, and
                                               plus executed Average Daily Volume                      Consistent with this change, the                        an increased opportunity to trade on the
                                               (‘‘ADV’’) of Retail Orders of 0.1% ADV                  Exchange proposes to re-title the                       Exchange.
                                               of U.S. Equity Market Share Posted and                  balance of the Non-Penny Tiers (i.e., to                   The Exchange also believes the
                                               Executed on NYSE Arca Equity Market.                    re-title current Non-Penny Tiers B–F to                 proposed changes are reasonable,
                                               Consistent with this change, the                        Non-Penny Tiers A through E).                           equitable and not unfairly
                                               Exchange proposed to renumber the                          Additionally, the Exchange proposes                  discriminatory because the modified
                                               remaining higher Tiers (i.e., to re-                    to modify the minimum volume                            minimum volume thresholds for the
                                               number current Penny Tiers 5–8 to                       threshold required to achieve new Tier                  Penny, and Non-Penny, Tiers and the
                                               Penny Tiers 4–7). The Exchange also                     B, such that an OTP would earn the                      Incentive Program would be available to
                                               proposes to modify certain minimum                      $0.94 per contract credit by achieving at               all similarly-situated market
                                               volume thresholds in new Penny Tiers                    least 0.75% (up from 0.50%) of TCADV                    participants on an equal and non-
                                               5 and 6. In new Penny Tier 5, in the                    from Customer posted interest in all                    discriminatory basis. The Exchange
                                               alternative qualification, an OTP would                 issues, plus an ADV from Market Maker                   believes the proposed modifications are
                                               earn the $0.48 per contract credit by                   Total Electronic Volume equal to 0.45%                  reasonable, equitable and not unfairly
                                               achieving at least 0.75% (up from                       of TCADV. The Exchange also proposes                    discriminatory because they encourage
                                               0.50%) of TCADV from Customer                           to modify the minimum volume                            participants to enhance their order flow
                                               posted interest in all issues, plus at least            threshold for the new Tier D, such that                 to qualify for the various incentives,
                                               0.45% of TCADV from Market Maker                        an OTP would earn the $1.00 per                         including encouraging more
                                               Total Electronic Volume.5 As proposed,                  contract credit by achieving at least                   participants to have affiliated or
                                               in the new Penny Tier 6, an OTP would                   0.75% (up from 0.50%) of TCADV from                     appointed order flow directed to the
                                               earn the $0.49 per contract credit by                   Customer posted interest in all issues,                 Exchange. Further, encouraging OFPs to
                                               achieving at least 0.75% (up from                       plus an ADV from Market Maker Total                     send higher volumes of Customer (and
                                               0.50%) of TCADV from Customer                           Electronic Volume equal to 0.60% of                     Professional Customer) orders to the
                                               posted interest in all issues, plus at least            TCADV.                                                  Exchange would also contribute to the
                                               0.60% of TCADV from Market Maker                        2. Statutory Basis                                      Exchange’s depth of book as well as to
                                               Total Electronic Volume.                                                                                        the top of book liquidity.
                                                  The Exchange also offers a Customer                     The Exchange believes that the                          The proposed changes to the various
                                               Incentive Program (the ‘‘Incentive                      proposed rule change is consistent with                 posting credit incentives offered on the
                                               Program’’), which offers OTPs the                       Section 6(b) of the Act,7 in general, and               Exchange are also reasonable as they are
                                               ability to earn one additional credit by                furthers the objectives of Sections                     consistent with similar such programs
                                               achieving the minimum thresholds                        6(b)(4) and (5) of the Act,8 in particular,             offered on other exchanges.9
                                               listed.6 The Exchange now proposes to                   because it provides for the equitable                      Finally, the Exchange believes the
                                               eliminate one of the alternatives.                      allocation of reasonable dues, fees, and                proposed non-substantive changes to
                                               Specifically, the Exchange would no                     other charges among its members,                        the Fee Schedule (see supra note 6) are
                                               longer provide an additional $0.03 per                  issuers and other persons using its                     reasonable, equitable, and not unfairly
                                               contract credit for achieving executed                  facilities and does not unfairly                        discriminatory because it would add
                                               ADV of retail orders of 0.10% ADV of                    discriminate between customers,                         clarity, transparency and internal
                                               U.S. Equity Market Share Posted and                     issuers, brokers or dealers.                            consistency to the Fee Schedule.
                                                                                                          The Exchange believes that the
                                               Executed on NYSE Arca Equity Market.
                                                  The Exchange also offers increasing                  proposed modifications to the minimum                   B. Self-Regulatory Organization’s
                                               credits to be applied to executions of                  threshold qualification for certain of the              Statement on Burden on Competition
                                               Customer posted interest in non-Penny                   Penny, and Non-Penny, Credit Tiers and                     In accordance with Section 6(b)(8) of
                                               Pilot issues based on minimum volume                    the Incentive Program are reasonable,                   the Act, the Exchange does not believe
                                                                                                       equitable, and not unfairly                             that the proposed rule change will
                                                  5 Per the Fee Schedule, the ‘‘Total Industry         discriminatory because, among other                     impose any burden on competition that
                                               Customer equity and ETF option average daily            things, the proposed changes would                      is not necessary or appropriate in
                                               volume (‘TCADV’) includes OCC calculated                streamline the available means for an                   furtherance of the purposes of the Act.
                                               Customer volume of all types, including Complex         OTP to qualify for credits on the
                                               Order Transactions and QCC transactions, in equity                                                              Instead, the Exchange believes that the
                                                                                                       Exchange, while still offering OTPs
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                                               and ETF options.’’ See Fee Schedule, endnote 8.
                                                  6 The Exchange proposes to make a non-               incentives to direct volume to the                        9 See e.g., NASDAQ Options Market, Chapter XV

                                               substantive change to the second alternative basis      Exchange. The Exchange notes that it                    Options Pricing, Sec. 2, Fees and Rebates, available
                                               for the Incentive Program by replacing reference to     proposes to remove certain tiers from                   here, http://nasdaq.cchwallstreet.com/NASDAQ
                                               ‘‘Total Industry Customer equity and ETF option                                                                 Tools/PlatformViewer.asp?selectednode=chp_1_1_
                                               ADV’’ with the defined abbreviation of ‘‘TCADV,’’
                                                                                                       the various posting credit programs                     15&manual=%2Fnasdaq%2Fmain%2Fnasdaq-
                                               which would add clarity and internal consistency                                                                optionsrules%2F (setting forth various rebates per
                                                                                                         7 15   U.S.C. 78f(b).
                                               to the Fee Schedule. See proposed Fee Schedule,                                                                 executed contract, including for adding Customer
                                               Customer Incentive Program.                               8 15   U.S.C. 78f(b)(4) and (5).                      and Professional Customer volume).



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                                               39802                            Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices

                                               proposed changes would encourage                          it appears to the Commission that such                    cautioned that we do not redact or edit
                                               competition, including by attracting                      action is necessary or appropriate in the                 personal identifying information from
                                               additional liquidity to the Exchange,                     public interest, for the protection of                    comment submissions. You should
                                               which would continue to make the                          investors, or otherwise in furtherance of                 submit only information that you wish
                                               Exchange a more competitive venue for,                    the purposes of the Act. If the                           to make available publicly. All
                                               among other things, order execution and                   Commission takes such action, the                         submissions should refer to File
                                               price discovery. The Exchange does not                    Commission shall institute proceedings                    Number SR–NYSEARCA–2018–56 and
                                               believe that the proposed change would                    under Section 19(b)(2)(B) 12 of the Act to                should be submitted on or before
                                               impair the ability of any market                          determine whether the proposed rule                       August 31, 2018.
                                               participants or competing order                           change should be approved or                                For the Commission, by the Division of
                                               execution venues to maintain their                        disapproved.                                              Trading and Markets, pursuant to delegated
                                               competitive standing in the financial                                                                               authority.13
                                                                                                         IV. Solicitation of Comments
                                               markets. Further, the incentive would                                                                               Eduardo A. Aleman,
                                               be available to all similarly-situated                      Interested persons are invited to
                                                                                                         submit written data, views, and                           Assistant Secretary.
                                               participants, and, as such, the proposed
                                                                                                         arguments concerning the foregoing,                       [FR Doc. 2018–17124 Filed 8–9–18; 8:45 am]
                                               change would not impose a disparate
                                               burden on competition either among or                     including whether the proposed rule                       BILLING CODE 8011–01–P

                                               between classes of market participants                    change is consistent with the Act.
                                               and may, in fact, encourage                               Comments may be submitted by any of
                                                                                                         the following methods:                                    SECURITIES AND EXCHANGE
                                               competition. The Exchange notes that                                                                                COMMISSION
                                               the proposed rule change merely                           Electronic Comments
                                               modifies existing posting tiers that offer                                                                          Sunshine Act Meetings
                                                                                                            • Use the Commission’s internet
                                               additional credits to OTPs that (opt to)
                                                                                                         comment form (http://www.sec.gov/
                                               meet certain volume thresholds. The                                                                                 FEDERAL REGISTER CITATION OF PREVIOUS
                                                                                                         rules/sro.shtml); or
                                               proposed change does not impose any                          • Send an email to rule-comments@                      ANNOUNCEMENT: 83 FR 38759, August 7,
                                               new burden or requirement on OTPs, as                     sec.gov. Please include File Number SR–                   2018.
                                               achieving the modified tiers is voluntary                 NYSEARCA–2018–56 on the subject                           PREVIOUSLY ANNOUNCED TIME AND DATE OF
                                               (i.e., an OTP that does not does not seek                 line.                                                     THE MEETING: Thursday, August 9, 2018
                                               to achieve additional credits by meeting                                                                            at 2:00 p.m.
                                               the modified volume thresholds has no                     Paper Comments
                                                                                                                                                                   CHANGES IN THE MEETING:    The Closed
                                               obligation to do so).                                        • Send paper comments in triplicate                    Meeting scheduled for Thursday,
                                                  The Exchange notes that it operates in                 to Brent J. Fields, Secretary, Securities
                                               a highly competitive market in which                                                                                August 9, 2018 at 2:00 p.m. has been
                                                                                                         and Exchange Commission, 100 F Street                     changed to Thursday, August 9, 2018 at
                                               market participants can readily favor                     NE, Washington, DC 20549–1090.
                                               competing venues. In such an                                                                                        1:00 p.m.
                                                                                                         All submissions should refer to File
                                               environment, the Exchange must                            Number SR–NYSEARCA–2018–56. This                          CONTACT PERSON FOR MORE INFORMATION:
                                               continually review, and consider                          file number should be included on the                     For further information and to ascertain
                                               adjusting, its fees and credits to remain                 subject line if email is used. To help the                what, if any, matters have been added,
                                               competitive with other exchanges. For                     Commission process and review your                        deleted or postponed, please contact the
                                               the reasons described above, the                          comments more efficiently, please use                     Office of the Secretary at (202) 551–
                                               Exchange believes that the proposed                       only one method. The Commission will                      5400.
                                               rule change reflects this competitive                     post all comments on the Commission’s                       Dated: August 7, 2018.
                                               environment.                                              internet website (http://www.sec.gov/                     Brent J. Fields,
                                               C. Self-Regulatory Organization’s                         rules/sro.shtml). Copies of the                           Secretary.
                                               Statement on Comments on the                              submission, all subsequent                                [FR Doc. 2018–17259 Filed 8–8–18; 11:15 am]
                                               Proposed Rule Change Received From                        amendments, all written statements                        BILLING CODE 8011–01–P
                                               Members, Participants, or Others                          with respect to the proposed rule
                                                 No written comments were solicited                      change that are filed with the
                                               or received with respect to the proposed                  Commission, and all written                               SECURITIES AND EXCHANGE
                                               rule change.                                              communications relating to the                            COMMISSION
                                                                                                         proposed rule change between the
                                               III. Date of Effectiveness of the                         Commission and any person, other than                     [Release No. 34–83781; File No. SR–FINRA–
                                               Proposed Rule Change and Timing for                       those that may be withheld from the                       2018–027]
                                               Commission Action                                         public in accordance with the
                                                  The foregoing rule change is effective                 provisions of 5 U.S.C. 552, will be                       Self-Regulatory Organizations;
                                               upon filing pursuant to Section                           available for website viewing and                         Financial Industry Regulatory
                                               19(b)(3)(A) 10 of the Act and                             printing in the Commission’s Public                       Authority, Inc.; Notice of Filing and
                                               subparagraph (f)(2) of Rule 19b–4 11                      Reference Room, 100 F Street NE,                          Immediate Effectiveness of a Proposed
                                               thereunder, because it establishes a due,                 Washington, DC 20549 on official                          Rule Change To Amend FINRA Rule
                                               fee, or other charge imposed by the                       business days between the hours of                        9000 Series (Code of Procedure) To
                                               Exchange.                                                 10:00 a.m. and 3:00 p.m. Copies of the                    Reflect an Internal Reorganization of
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                                                  At any time within 60 days of the                      filing also will be available for                         FINRA’s Enforcement Operations
                                               filing of such proposed rule change, the                  inspection and copying at the principal
                                                                                                         office of the Exchange. All comments                      August 6, 2018.
                                               Commission summarily may
                                               temporarily suspend such rule change if                   received will be posted without change.                     Pursuant to Section 19(b)(1) of the
                                                                                                         Persons submitting comments are                           Securities Exchange Act of 1934
                                                 10 15   U.S.C. 78s(b)(3)(A).
                                                 11 17   CFR 240.19b–4(f)(2).                              12 15   U.S.C. 78s(b)(2)(B).                              13 17   CFR 200.30–3(a)(12).



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Document Created: 2018-08-10 01:56:13
Document Modified: 2018-08-10 01:56:13
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 39800 

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