83 FR 58794 - Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Change To Modify the NYSE American Options Fee Schedule

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 225 (November 21, 2018)

Page Range		58794-58795
FR Document		2018-25343
Federal Register, Volume 83 Issue 225 (Wednesday, November 21, 2018)
[Federal Register Volume 83, Number 225 (Wednesday, November 21, 2018)]
[Notices]
[Pages 58794-58795]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25343]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84603; File No. SR-NYSEAMER-2018-48]


Self-Regulatory Organizations; NYSE American LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Change To Modify the 
NYSE American Options Fee Schedule

November 15, 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 November 8, 2018, NYSE American LLC (the ``Exchange'' or 
``NYSE American'') 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 American Options Fee 
Schedule (``Fee Schedule''). The Exchange proposes to implement the fee 
change effective November 8, 2018. The proposed 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 
November 8, 2018, to eliminate obsolete charges. Specifically, the 
Exchange proposes to remove now obsolete references to fees for Mini 
Options and Binary Return Derivatives (``ByRDS''), and to modify its 
Royalty Fees to remove products that the Exchange is no longer licensed 
to trade.
    The Exchange adopted fees for Mini Options in 2013, when Mini 
Options were first listed.\4\ In the intervening years, the Exchange 
ceased adding new Mini-Option series, and eventually there were no 
Mini-Options trading on the Exchange. Thus, the Exchange proposes to 
remove from the Fee Schedule as obsolete all references to Mini-Options 
and associated fees.\5\ Given that the Exchange is removing Mini 
Options, it proposes to further streamline the Fee Schedule by removing 
as superfluous the designation of ``Standard'' as to delineate non-Mini 
Options and to make any related conforming changes to maintain 
appropriate grammar, sentence structure, etc.\6\
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    \4\ See, e.g., Securities Exchange Act Release No. 69298 (April 
4, 2013), 78 FR 21464 (April 10, 2013) (NYSEMKT-2013-24).
    \5\ See proposed Fee Schedule, Table of Contents, Key Terms and 
Definitions, Sections I.B., I.C., I.F., I.I., I.J., I.L., II and 
III. The Exchange proposes to hold Section I.B., which currently 
sets forth fees for Mini Options, as Reserved.
    \6\ See proposed Fee Schedule, Table of Contents, Key Terms and 
Definitions, Sections I.A.-I.G., I.I-I.J., I.L., II and III.
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    The Exchange listed ByRDs for trading in 2016,\7\ but ceased adding 
new series earlier this year, and no longer has any ByRDs available for 
trading. Thus, the Exchange proposes to remove from the Fee Schedule as 
obsolete all references to ByRDs and associated fees/credits as well as 
to make necessary conforming changes, including deleting note 5 to 
Section I.A. and re-numbering the balance of the notes to this section 
to maintain clarity and consistency.\8\
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    \7\ The Exchange adopted ByRDs in 2007 and re-launched trading 
in ByRDs in March, 2016. See Securities Exchange Act Release No. 
56251 (August 14, 2007), 72 FR 46523 (August 20, 2007)(SR-Amex-2004-
27) (Order approving listing of Fixed Return Options (``FROs'')); 
see also Securities Exchange Act Release Nos. 71957 (April 16, 
2014), 79 FR 22563 (April 22, 2014) (SR-NYSEMKT-2014-06) (Order 
approving name change from FROs to Binary Return Derivatives (ByRDs) 
and re-launch of these products, with certain modification, and 
amending Obvious Errors rules to include ByRDs); 77014 (February 2, 
2016), 81 FR 6566 (February 8, 2016) (SR-NYSEMKT-2016-16) (immediate 
effectiveness filing amending amend certain of rules related to 
ByRDs).
    \8\ See proposed Fee Schedule, Table of Contents, Sections I.A., 
I.H., I.M, and III.C., note 1. The Exchange proposes to hold Section 
I.H., which currently sets the Early Adopter Specialist [in ByRDs], 
as Reserved.
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    Section I.K. of the Fee Schedule contains a table that sets forth 
the Royalty Fees that the Exchange charges market participant for 
trades in proprietary products for which the Exchange has a license, 
namely: Mini Nasdaq 100 Index (NDX), Nasdaq 100 Index (MNX), the 
Russell Index (RUT), and KBW Bank Index (BKX). The Exchange proposes to 
delete the table and to instead reference a $0.10 per contract Royalty 
Fee for BKX, as this product continues to be licensed to the 
Exchange.\9\
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    \9\ See proposed Fee Schedule, Section I.K.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\10\ in general, and furthers the 
objectives of Sections 6(b)(4) and (5) of the Act,\11\ in particular, 
because it provides for the equitable allocation of reasonable dues, 
fees, and other charges among its members, issuers and other persons 
using its facilities and does not unfairly discriminate between 
customers, issuers, brokers or dealers.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes that the proposed modifications to the Fee

[[Page 58795]]

Schedule, including removing obsolete references to products that the 
Exchange no longer offers or licenses, together with their associated 
fees, are reasonable, equitable, and not unfairly discriminatory 
because the changes provides clarity to the Fee Schedule, and does not 
affect any current activity by any ATP Holder. Relatedly, the proposed 
modifications to streamline the text of the Fee Schedule, including by 
removing the modifier ``Standard'' to delineate on non-Mini Option, 
would likewise add clarity and transparency to the Fee Schedule making 
it easier for market participants to navigate and comprehend.

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

    In accordance with Section 6(b)(8) of the Act,\12\ 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. Instead, the proposed change is meant to add 
clarity and transparency to the Fee Schedule to the benefit of all 
market participants that trade on the Exchange.
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    \12\ 15 U.S.C. 78f(b)(8).
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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) \13\ of the Act and subparagraph (f)(2) of Rule 
19b-4 \14\ thereunder, because it establishes a due, fee, or other 
charge imposed by the Exchange.
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 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) \15\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \15\ 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-NYSEAMER-2018-48 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-NYSEAMER-2018-48. 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-NYSEAMER-2018-48 and should be submitted 
on or before December 12, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-25343 Filed 11-20-18; 8:45 am]
BILLING CODE 8011-01-P
58794 Federal Register / Vol. 83, No. 225 / Wednesday, November 21, 2018 / Notices

proposed rule change between the I. Self-Regulatory Organization’s delineate non-Mini Options and to make
Commission and any person, other than Statement of the Terms of Substance of any related conforming changes to
those that may be withheld from the the Proposed Rule Change maintain appropriate grammar, sentence
public in accordance with the The Exchange proposes to modify the structure, etc.6
provisions of 5 U.S.C. 552, will be The Exchange listed ByRDs for
NYSE American Options Fee Schedule
available for website viewing and trading in 2016,7 but ceased adding new
(‘‘Fee Schedule’’). The Exchange
printing in the Commission’s Public series earlier this year, and no longer
proposes to implement the fee change
Reference Room, 100 F Street NE, has any ByRDs available for trading.
effective November 8, 2018. The
Washington, DC 20549, on official Thus, the Exchange proposes to remove
proposed change is available on the
business days between the hours of from the Fee Schedule as obsolete all
Exchange’s website at www.nyse.com, at
10:00 a.m. and 3:00 p.m. Copies of the references to ByRDs and associated fees/
the principal office of the Exchange, and
filing also will be available for credits as well as to make necessary
at the Commission’s Public Reference
inspection and copying at the principal conforming changes, including deleting
Room. note 5 to Section I.A. and re-numbering
office of the Exchange. All comments
received will be posted without change. II. Self-Regulatory Organization’s the balance of the notes to this section
Persons submitting comments are Statement of the Purpose of, and to maintain clarity and consistency.8
Statutory Basis for, the Proposed Rule Section I.K. of the Fee Schedule
cautioned that we do not redact or edit
Change contains a table that sets forth the
personal identifying information from
Royalty Fees that the Exchange charges
comment submissions. You should In its filing with the Commission, the
market participant for trades in
submit only information that you wish self-regulatory organization included proprietary products for which the
to make available publicly. All statements concerning the purpose of, Exchange has a license, namely: Mini
submissions should refer to File and basis for, the proposed rule change Nasdaq 100 Index (NDX), Nasdaq 100
Number SR–CboeBZX–2018–077 and and discussed any comments it received Index (MNX), the Russell Index (RUT),
should be submitted on or before on the proposed rule change. The text and KBW Bank Index (BKX). The
December 12, 2018. of those statements may be examined at Exchange proposes to delete the table
For the Commission, by the Division of
the places specified in Item IV below. and to instead reference a $0.10 per
Trading and Markets, pursuant to delegated The Exchange has prepared summaries, contract Royalty Fee for BKX, as this
authority.48 set forth in sections A, B, and C below, product continues to be licensed to the
of the most significant parts of such Exchange.9
Eduardo A. Aleman,
statements.
Assistant Secretary. 2. Statutory Basis
[FR Doc. 2018–25344 Filed 11–20–18; 8:45 am] A. Self-Regulatory Organization’s
Statement of the Purpose of, and the The Exchange believes that the
BILLING CODE 8011–01–P
Statutory Basis for, the Proposed Rule proposed rule change is consistent with
Change Section 6(b) of the Act,10 in general, and
furthers the objectives of Sections
SECURITIES AND EXCHANGE 1. Purpose 6(b)(4) and (5) of the Act,11 in particular,
COMMISSION The purpose of this filing is to modify because it provides for the equitable
the Fee Schedule, effective November 8, allocation of reasonable dues, fees, and
[Release No. 34–84603; File No. SR– 2018, to eliminate obsolete charges. other charges among its members,
NYSEAMER–2018–48] Specifically, the Exchange proposes to issuers and other persons using its
remove now obsolete references to fees facilities and does not unfairly
Self-Regulatory Organizations; NYSE for Mini Options and Binary Return discriminate between customers,
American LLC; Notice of Filing and Derivatives (‘‘ByRDS’’), and to modify issuers, brokers or dealers.
Immediate Effectiveness of Proposed its Royalty Fees to remove products that The Exchange believes that the
Change To Modify the NYSE American the Exchange is no longer licensed to proposed modifications to the Fee
Options Fee Schedule trade. 6 See proposed Fee Schedule, Table of Contents,

November 15, 2018.
The Exchange adopted fees for Mini Key Terms and Definitions, Sections I.A.-I.G., I.I–
Options in 2013, when Mini Options I.J., I.L., II and III.
Pursuant to Section 19(b)(1) 1 of the were first listed.4 In the intervening 7 The Exchange adopted ByRDs in 2007 and re-

Securities Exchange Act of 1934 (the years, the Exchange ceased adding new launched trading in ByRDs in March, 2016. See
‘‘Act’’) 2 and Rule 19b–4 thereunder,3 Securities Exchange Act Release No. 56251 (August
Mini-Option series, and eventually there 14, 2007), 72 FR 46523 (August 20, 2007)(SR–
notice is hereby given that, on were no Mini-Options trading on the Amex–2004–27) (Order approving listing of Fixed
November 8, 2018, NYSE American LLC Exchange. Thus, the Exchange proposes Return Options (‘‘FROs’’)); see also Securities
(the ‘‘Exchange’’ or ‘‘NYSE American’’) to remove from the Fee Schedule as Exchange Act Release Nos. 71957 (April 16, 2014),
filed with the Securities and Exchange 79 FR 22563 (April 22, 2014) (SR–NYSEMKT–
obsolete all references to Mini-Options 2014–06) (Order approving name change from FROs
Commission (the ‘‘Commission’’) the and associated fees.5 Given that the to Binary Return Derivatives (ByRDs) and re-launch
proposed rule change as described in Exchange is removing Mini Options, it of these products, with certain modification, and
Items I, II, and III below, which Items proposes to further streamline the Fee amending Obvious Errors rules to include ByRDs);
have been prepared by the self- 77014 (February 2, 2016), 81 FR 6566 (February 8,
Schedule by removing as superfluous 2016) (SR–NYSEMKT–2016–16) (immediate
regulatory organization. The the designation of ‘‘Standard’’ as to effectiveness filing amending amend certain of rules
khammond on DSK30JT082PROD with NOTICES

Commission is publishing this notice to related to ByRDs).
solicit comments on the proposed rule 4 See, e.g., Securities Exchange Act Release No. 8 See proposed Fee Schedule, Table of Contents,

change from interested persons. 69298 (April 4, 2013), 78 FR 21464 (April 10, 2013) Sections I.A., I.H., I.M, and III.C., note 1. The
(NYSEMKT–2013–24). Exchange proposes to hold Section I.H., which
5 See proposed Fee Schedule, Table of Contents, currently sets the Early Adopter Specialist [in
48 17 CFR 200.30–3(a)(12). ByRDs], as Reserved.
Key Terms and Definitions, Sections I.B., I.C., I.F.,
1 15 U.S.C.78s(b)(1). 9 See proposed Fee Schedule, Section I.K.
I.I., I.J., I.L., II and III. The Exchange proposes to
2 15 U.S.C. 78a. 10 15 U.S.C. 78f(b).
hold Section I.B., which currently sets forth fees for
3 17 CFR 240.19b–4. Mini Options, as Reserved. 11 15 U.S.C. 78f(b)(4) and (5).

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Federal Register / Vol. 83, No. 225 / Wednesday, November 21, 2018 / Notices 58795

Schedule, including removing obsolete change should be approved or For the Commission, by the Division of
references to products that the Exchange disapproved. Trading and Markets, pursuant to delegated
no longer offers or licenses, together authority.16
IV. Solicitation of Comments Eduardo A. Aleman,
with their associated fees, are
reasonable, equitable, and not unfairly Interested persons are invited to Assistant Secretary.
discriminatory because the changes submit written data, views, and [FR Doc. 2018–25343 Filed 11–20–18; 8:45 am]
provides clarity to the Fee Schedule, arguments concerning the foregoing, BILLING CODE 8011–01–P
and does not affect any current activity including whether the proposed rule
by any ATP Holder. Relatedly, the change is consistent with the Act.
proposed modifications to streamline Comments may be submitted by any of SECURITIES AND EXCHANGE
the text of the Fee Schedule, including the following methods: COMMISSION
by removing the modifier ‘‘Standard’’ to [Release No. 34–84599; File No. SR–
Electronic Comments
delineate on non-Mini Option, would CboeEDGA–2018–017]
likewise add clarity and transparency to • Use the Commission’s internet
the Fee Schedule making it easier for comment form (http://www.sec.gov/ Self-Regulatory Organizations; Cboe
market participants to navigate and rules/sro.shtml); or EDGA Exchange, Inc.; Notice of Filing
comprehend. • Send an email to rule-comments@ and Immediate Effectiveness of a
sec.gov. Please include File Number SR– Proposed Rule Change Relating To
B. Self-Regulatory Organization’s Amend the Exchange’s Fee Schedule
Statement on Burden on Competition NYSEAMER–2018–48 on the subject
line. Applicable to its Equities Trading
In accordance with Section 6(b)(8) of Platform
Paper Comments
the Act,12 the Exchange does not believe November 15, 2018.
that the proposed rule change would • Send paper comments in triplicate Pursuant to Section 19(b)(1) of the
impose any burden on competition that to Brent J. Fields, Secretary, Securities Securities Exchange Act of 1934 (the
is not necessary or appropriate in and Exchange Commission, 100 F Street ‘‘Act’’),1 and Rule 19b–4 thereunder,2
furtherance of the purposes of the Act. NE, Washington, DC 20549–1090. notice is hereby given that on November
Instead, the proposed change is meant 1, 2018, EDGA Exchange, Inc. (the
All submissions should refer to File
to add clarity and transparency to the ‘‘Exchange’’ or ‘‘EDGA’’) filed with the
Number SR–NYSEAMER–2018–48. This
Fee Schedule to the benefit of all market Securities and Exchange Commission
file number should be included on the
participants that trade on the Exchange. (the ‘‘Commission’’) the proposed rule
subject line if email is used. To help the
C. Self-Regulatory Organization’s Commission process and review your change as described in Items I and II
Statement on Comments on the comments more efficiently, please use below, which Items have been prepared
Proposed Rule Change Received From only one method. The Commission will by the Exchange. The Commission is
Members, Participants, or Others post all comments on the Commission’s publishing this notice to solicit
internet website (http://www.sec.gov/ comments on the proposed rule change
No written comments were solicited rules/sro.shtml). Copies of the from interested persons.
or received with respect to the proposed submission, all subsequent I. Self-Regulatory Organization’s
rule change. amendments, all written statements Statement of the Terms of Substance of
III. Date of Effectiveness of the with respect to the proposed rule the Proposed Rule Change
Proposed Rule Change and Timing for change that are filed with the
Commission, and all written Cboe EDGA Exchange, Inc. (‘‘EDGA’’
Commission Action or the ‘‘Exchange’’) is filing with the
communications relating to the
proposed rule change between the Securities and Exchange Commission
The foregoing rule change is effective
Commission and any person, other than (the ‘‘Commission’’) a proposed rule
upon filing pursuant to Section
those that may be withheld from the change to amend the Exchange’s fee
19(b)(3)(A) 13 of the Act and
public in accordance with the schedule applicable to its equities
subparagraph (f)(2) of Rule 19b–4 14
provisions of 5 U.S.C. 552, will be trading platform.
thereunder, because it establishes a due,
available for website viewing and The text of the proposed rule change
fee, or other charge imposed by the
printing in the Commission’s Public is also available on the Exchange’s
Exchange.
Reference Room, 100 F Street NE, website (http://www.cboe.com/
At any time within 60 days of the AboutCBOE/
filing of such proposed rule change, the Washington, DC 20549 on official
business days between the hours of CBOELegalRegulatoryHome.aspx), at
Commission summarily may the Exchange’s Office of the Secretary,
temporarily suspend such rule change if 10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for and at the Commission’s Public
it appears to the Commission that such Reference Room.
action is necessary or appropriate in the inspection and copying at the principal
public interest, for the protection of office of the Exchange. All comments II. Self-Regulatory Organization’s
investors, or otherwise in furtherance of received will be posted without change. Statement of the Purpose of, and
the purposes of the Act. If the Persons submitting comments are Statutory Basis for, the Proposed Rule
Commission takes such action, the cautioned that we do not redact or edit Change
personal identifying information from
khammond on DSK30JT082PROD with NOTICES

Commission shall institute proceedings In its filing with the Commission, the
under Section 19(b)(2)(B) 15 of the Act to comment submissions. You should
Exchange included statements
determine whether the proposed rule submit only information that you wish
concerning the purpose of and basis for
to make available publicly. All
the proposed rule change and discussed
12 15
submissions should refer to File
U.S.C. 78f(b)(8).
13 15 U.S.C. 78s(b)(3)(A).
Number SR–NYSEAMER–2018–48 and 16 17 CFR 200.30–3(a)(12).
14 17 CFR 240.19b–4(f)(2). should be submitted on or before 1 15 U.S.C. 78s(b)(1).
15 15 U.S.C. 78s(b)(2)(B). December 12, 2018. 2 17 CFR 240.19b–4.

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Document Created: 2018-11-21 03:11:36
Document Modified: 2018-11-21 03:11:36
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		83 FR 58794