Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the NYSE Arca Options Fee Schedule To Add an Additional Tier to the Lead Market Maker Rights Fees, 60364-60366 [2013-23901]

Download as PDF 60364 Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Notices For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.10 Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2013–23827 Filed 9–30–13; 8:45 am] BILLING CODE 8011–01–P A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change SECURITIES AND EXCHANGE COMMISSION [Release No. 34–70503; File No. SR– NYSEArca–2013–95] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the NYSE Arca Options Fee Schedule To Add an Additional Tier to the Lead Market Maker Rights Fees September 25, 2013. 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 September 19, 2013, 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 selfregulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of the Substance of the Proposed Rule Change The Exchange proposes to amend the NYSE Arca Options Fee Schedule (‘‘Fee Schedule’’) to add an additional tier to the Lead Market Maker (‘‘LMM’’) rights fees. The Exchange proposes to implement the fee change effective October 1, 2013. The text of the proposed rule change is available on the Exchange’s Web site at www.nyse.com, at the principal office of the Exchange, and at the Commission’s Public Reference Room. emcdonald on DSK67QTVN1PROD with NOTICES 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 10 17 CFR 200.30–3(a)(12). U.S.C.78s(b)(1). 2 15 U.S.C. 78a. 3 17 CFR 240.19b–4. 1 15 VerDate Mar<15>2010 14:45 Sep 30, 2013 Jkt 232001 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. 1. Purpose The Exchange proposes to amend the Fee Schedule to add an additional tier to the LMM rights fees. The Exchange proposes to implement the fee change effective October 1, 2013. OTP Firms acting as LMMs are assessed a fee for LMM rights for each appointed issue.4 The LMM rights fee is based on the average national daily volume (‘‘ADV’’) of Customer contracts traded in that issue.5 The LMM rights fees are assessed at the end of each month on each issue that an LMM holds in its LMM appointment. Currently, the LMM rights fees are charged as follows: LMMs that have requested appointments in such issues. In order to better align the Exchange’s revenue with the costs of listing these low-volume issues, the Exchange proposes to add an additional LMM rights fee tier for issues with an ADV of Customer contracts of between 0 and 100. The LMM rights fee for this new tier would be $125. The resulting LMM rights fees would be charged as follows: Average national daily customer contracts 0–100 .......................................... 101–1,000 ................................... 1001 to 2,000 ............................. 2,001 to 5,000 ............................ 5,001 to 15,000 .......................... 15,001 to 100,000 ...................... Over 100,000 .............................. Monthly issue fee $125 45 75 200 375 750 1,500 The Exchange proposes that the new LMM rights fee tier apply only to (i) an option listed on the Exchange for the first time on or after October 1, 2013, and (ii) an option listed on the Exchange prior to October 1, 2013 that is reallocated to a new LMM on or after October 1, 2013. Thus, the LMM for an Average national daily customer Monthly issue with an ADV of Customer contracts issue fee contracts within the new lowest tier 0–1,000 ....................................... $45 (i.e., 0–100 contracts) that listed on the 1,001 to 2,000 ............................ 75 Exchange prior to October 1, 2013 2,001 to 5,000 ............................ 200 would continue to be subject to the $45 5,001 to 15,000 .......................... 375 monthly issue fee. If, on or after October 15,001 to 100,000 ...................... 750 1, 2013, the LMM relinquished that Over 100,000 .............................. 1,500 appointment and a new LMM applied for and was granted an appointment in The Exchange’s formal listing that issue, then the new LMM would be standards are provided under NYSE subject to the revised fees; following the Arca Rule 5.3 (Criteria for Underlying reallocation, if the issue traded a Securities) and prescribe the minimum monthly ADV of 100 or fewer Customer standards that must be satisfied before contracts, then the new LMM would pay the Exchange lists a particular issue. the $125 monthly fee. However, the Exchange is not required The proposed change is not otherwise to list an issue simply because it intended to address any other issues, satisfies the minimum standards. To and the Exchange is not aware of any date, the Exchange generally has not problems that LMMs would have in listed an issue if the Exchange complying with the proposed change.6 anticipated that it would trade an ADV 2. Statutory Basis of 100 or fewer Customer contracts because the minimal revenue associated The Exchange believes that the with such low-volume issues would not proposed rule change is consistent with offset the costs of listing and Section 6(b) of the Act,7 in general, and maintaining the listing of such issues. furthers the objectives of Sections However, other exchanges do list such 6(b)(4) and (5) of the Act,8 in particular, issues, and the Exchange has because it provides for the equitable determined that it may be appropriate to allocation of reasonable dues, fees, and list these low-volume issues as a other charges among its members, convenience for OTP Holders and OTP issuers and other persons using its Firms whose customers wish to transact in such issues and to satisfy requests of 6 The Exchange notes that NYSE MKT LLC 4 ‘‘OTP Firm’’ is defined in NYSE Arca Rule 1.1(r). ‘‘Market Maker’’ is defined in NYSE Arca Rule 6.32. ‘‘Lead Market Maker’’ is defined in NYSE Arca Rule 6.82. 5 The term ‘‘Customer’’ excludes a broker-dealer. See NYSE Arca Rule 6.1A(a)(4). PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 submitted a similar proposal to implement a rights tier and fee for low-volume issues listed on NYSE Amex Options LLC. See Securities Exchange Act Release No. 67153 (June 7, 2012), 77 FR 35437 (June 13, 2012) (SR–NYSEMKT–2012–05). 7 15 U.S.C. 78f(b). 8 15 U.S.C. 78f(b)(4) and (5). E:\FR\FM\01OCN1.SGM 01OCN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Notices facilities and does not unfairly discriminate between customers, issuers, brokers or dealers. The Exchange believes that including an additional LMM rights fee tier with a corresponding fee of $125 is reasonable because it would better balance the Exchange’s costs to list and maintain the listing of these lowest volume issues against the minimal revenue that such issues are anticipated to generate for the Exchange. The Exchange also believes that it is reasonable to grandfather LMMs that hold an appointment in an issue listed before October 1, 2013 at the lower $45 fee level in order to create an incentive for LMMs to maintain those appointments. The fee increase is also reasonable, equitable, and not unfairly discriminatory because it will encourage more efficient use of the Exchange’s resources. Unfettered growth in option listings without an offsetting growth in volume would ultimately result in increased costs for all participants on the Exchange. As a result of the fee increase, LMMs that wish to request new appointments in the lowest volume issues would directly contribute toward some of the Exchange’s costs to support that trading instead of having those costs shared among all Exchange participants. The Exchange also believes that the fee increase is equitable and not unfairly discriminatory because LMMs choose to apply for appointments, and thus only those LMMs that are willing to pay the applicable fee will apply for the appointment. An LMM that does not wish to pay the higher fee for a new appointment after October 1, 2013 will not request such an appointment, nor will it be required to take one. The Exchange believes that it is equitable and not unfairly discriminatory to grandfather those LMMs that maintain appointments in previously listed issues that have a monthly ADV of 100 or fewer Customer contracts after October 1, 2013 at the $45 monthly fee level; otherwise, those LMMs would face a significant monthly fee increase. The Exchange believes that grandfathering is fair and reasonable in light of existing LMMs’ expectations concerning fee levels at the time their appointments were accepted. Finally, the Exchange believes that it is subject to significant competitive forces, as described below in the Exchange’s statement regarding the burden on competition. For these reasons, the Exchange believes that the proposal is consistent with the Act. VerDate Mar<15>2010 14:45 Sep 30, 2013 Jkt 232001 B. Self-Regulatory Organization’s Statement on Burden on Competition In accordance with Section 6(b)(8) of the Act,9 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. The proposed rule change would enhance competition among exchanges by permitting the Exchange to better balance its revenues and costs when listing extremely low-volume issues that also may be listed on other exchanges. The Exchange does not believe that the proposed change would burden competition among LMMs because LMMs apply for such appointments based on their own business decisions. Finally, the Exchange notes that it operates in a highly competitive market in which market participants can readily favor competing venues if they deem fee levels at a particular venue to be excessive. 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. 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 9 15 U.S.C. 78f(b)(8). U.S.C. 78s(b)(3)(A). 11 17 CFR 240.19b–4(f)(2). 12 15 U.S.C. 78s(b)(2)(B). 10 15 PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 60365 change should be approved or disapproved. 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 (https://www.sec.gov/ rules/sro.shtml); or • Send an email to rule-comments@ sec.gov. Please include File Number SR– NYSEArca–2013–95 on the subject line. Paper Comments • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549–1090. All submissions should refer to File Number SR–NYSEArca–2013–95. 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 Web site (https://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 Web site 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 such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR– NYSEArca–2013–95, and should be submitted on or before October 22, 2013. E:\FR\FM\01OCN1.SGM 01OCN1 60366 Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Notices For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.13 Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2013–23901 Filed 9–30–13; 8:45 am] BILLING CODE 8011–01–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #13775 and #13776] U.S. Small Business Administration. ACTION: Notice. AGENCY: This is a notice of an Administrative declaration of a disaster for the State of California dated 09/24/ 2013. Incident: Clover Fire Incident Period: 09/09/2013 through 09/15/2013. Effective Date: 09/24/2013. Physical Loan Application Deadline Date: 11/25/2013. Economic Injury (EIDL) Loan Application Deadline Date: 06/24/2014. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator’s disaster declaration, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties: Shasta. Contiguous Counties: California: Lassen, Modoc, Plumas, Siskiyou, Tehama, Trinity. The Interest Rates are: emcdonald on DSK67QTVN1PROD with NOTICES SUMMARY: 13 17 CFR 200.30–3(a)(12). VerDate Mar<15>2010 14:45 Sep 30, 2013 Non-Profit Organizations Without Credit Available Elsewhere ..................................... For Economic Injury: Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere .............. Non-Profit Organizations Without Credit Available Elsewhere ..................................... 4.000 2.875 (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Dated: September 24, 2013. Jeanne Hulit, Acting Administrator. Percent For Physical Damage: Homeowners with credit available elsewhere ...................... Homeowners without credit available elsewhere ............... Businesses with credit available elsewhere .............................. Businesses without credit available elsewhere ...................... Non-profit organizations with credit available elsewhere ..... Non-profit organizations without credit available elsewhere ..... For Economic Injury: Businesses & small agricultural cooperatives without credit available elsewhere ............... Non-profit organizations without credit available elsewhere ..... 3.875 1.937 6.000 4.000 2.875 2.875 4.000 2.875 [FR Doc. 2013–23809 Filed 9–30–13; 8:45 am] [Disaster Declaration #13777 and #13778] The number assigned to this disaster for physical damage is 13777 6 and for economic injury is 13778 0. The Commonwealth which received an EIDL Declaration # is Pennsylvania. Pennsylvania Disaster #PA–00064 (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) U.S. Small Business Administration. ACTION: Notice. Dated: September 24, 2013. Jeanne Hulit, Acting Administrator. BILLING CODE 8025–01–P SMALL BUSINESS ADMINISTRATION AGENCY: [FR Doc. 2013–23808 Filed 9–30–13; 8:45 am] This is a notice of an Administrative declaration of a disaster for the Commonwealth of Pennsylvania dated 09/24/2013. Incident: Storms and Severe Weather. Incident Period: 08/28/2013 through 09/03/2013. Effective Date: 09/24/2013. Physical Loan Application Deadline Date: 11/25/2013. Economic Injury (EIDL) Loan Application Deadline Date: 06/24/2014. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, Percent U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416. 3.875 SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the 1.937 Administrator’s disaster declaration, applications for disaster loans may be 6.000 filed at the address listed above or other locally announced locations. The 4.000 following areas have been determined to 2.875 be adversely affected by the disaster: Primary Counties: Armstrong. Contiguous Counties: Pennsylvania: Jkt 232001 Allegheny; Butler; Clarion; Indiana; Jefferson; Westmoreland. The Interest Rates are: 2.875 The number assigned to this disaster for physical damage is 13775 5 and for economic injury is 13776 0. The State which received an EIDL Declaration # is California. California Disaster #CA–00212 For Physical Damage: Homeowners With Credit Available Elsewhere ...................... Homeowners Without Credit Available Elsewhere .............. Businesses With Credit Available Elsewhere ...................... Businesses Without Credit Available Elsewhere .............. Non-Profit Organizations With Credit Available Elsewhere ... Percent SUMMARY: PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 BILLING CODE 8025–01–P TENNESSEE VALLEY AUTHORITY Meeting of the Regional Energy Resource Council Tennessee Valley Authority (TVA). ACTION: Notice of meeting. AGENCY: The TVA Regional Energy Resource Council (RERC) will hold an orientation meeting on Wednesday, October 23, 2013, regarding regional energy related issues in the Tennessee Valley. The RERC was established to advise TVA on its energy resource activities and the priorities among competing objectives and values. Notice of this meeting is given under the Federal Advisory Committee Act (FACA), 5 U.S.C. App. 2. The meeting agenda includes the following: 1. Introductions. 2. Presentation(s) and discussion concerning the purpose and scope of the RERC, energy resources in the Valley, energy issues and the Integrated Resource Plan process. SUMMARY: E:\FR\FM\01OCN1.SGM 01OCN1

Agencies

[Federal Register Volume 78, Number 190 (Tuesday, October 1, 2013)]
[Notices]
[Pages 60364-60366]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23901]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70503; File No. SR-NYSEArca-2013-95]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending the NYSE 
Arca Options Fee Schedule To Add an Additional Tier to the Lead Market 
Maker Rights Fees

September 25, 2013.
    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 September 19, 2013, 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange proposes to amend the NYSE Arca Options Fee Schedule 
(``Fee Schedule'') to add an additional tier to the Lead Market Maker 
(``LMM'') rights fees. The Exchange proposes to implement the fee 
change effective October 1, 2013. The text of the proposed rule change 
is available on the Exchange's Web site 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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend the Fee Schedule to add an 
additional tier to the LMM rights fees. The Exchange proposes to 
implement the fee change effective October 1, 2013.
    OTP Firms acting as LMMs are assessed a fee for LMM rights for each 
appointed issue.\4\ The LMM rights fee is based on the average national 
daily volume (``ADV'') of Customer contracts traded in that issue.\5\ 
The LMM rights fees are assessed at the end of each month on each issue 
that an LMM holds in its LMM appointment. Currently, the LMM rights 
fees are charged as follows:
---------------------------------------------------------------------------

    \4\ ``OTP Firm'' is defined in NYSE Arca Rule 1.1(r). ``Market 
Maker'' is defined in NYSE Arca Rule 6.32. ``Lead Market Maker'' is 
defined in NYSE Arca Rule 6.82.
    \5\ The term ``Customer'' excludes a broker-dealer. See NYSE 
Arca Rule 6.1A(a)(4).

------------------------------------------------------------------------
                                                                Monthly
          Average national daily customer contracts            issue fee
------------------------------------------------------------------------
0-1,000.....................................................         $45
1,001 to 2,000..............................................          75
2,001 to 5,000..............................................         200
5,001 to 15,000.............................................         375
15,001 to 100,000...........................................         750
Over 100,000................................................       1,500
------------------------------------------------------------------------

    The Exchange's formal listing standards are provided under NYSE 
Arca Rule 5.3 (Criteria for Underlying Securities) and prescribe the 
minimum standards that must be satisfied before the Exchange lists a 
particular issue. However, the Exchange is not required to list an 
issue simply because it satisfies the minimum standards. To date, the 
Exchange generally has not listed an issue if the Exchange anticipated 
that it would trade an ADV of 100 or fewer Customer contracts because 
the minimal revenue associated with such low-volume issues would not 
offset the costs of listing and maintaining the listing of such issues. 
However, other exchanges do list such issues, and the Exchange has 
determined that it may be appropriate to list these low-volume issues 
as a convenience for OTP Holders and OTP Firms whose customers wish to 
transact in such issues and to satisfy requests of LMMs that have 
requested appointments in such issues.
    In order to better align the Exchange's revenue with the costs of 
listing these low-volume issues, the Exchange proposes to add an 
additional LMM rights fee tier for issues with an ADV of Customer 
contracts of between 0 and 100. The LMM rights fee for this new tier 
would be $125. The resulting LMM rights fees would be charged as 
follows:

------------------------------------------------------------------------
                                                                Monthly
          Average national daily customer contracts            issue fee
------------------------------------------------------------------------
0-100.......................................................        $125
101-1,000...................................................          45
1001 to 2,000...............................................          75
2,001 to 5,000..............................................         200
5,001 to 15,000.............................................         375
15,001 to 100,000...........................................         750
Over 100,000................................................       1,500
------------------------------------------------------------------------

    The Exchange proposes that the new LMM rights fee tier apply only 
to (i) an option listed on the Exchange for the first time on or after 
October 1, 2013, and (ii) an option listed on the Exchange prior to 
October 1, 2013 that is reallocated to a new LMM on or after October 1, 
2013. Thus, the LMM for an issue with an ADV of Customer contracts 
within the new lowest tier (i.e., 0-100 contracts) that listed on the 
Exchange prior to October 1, 2013 would continue to be subject to the 
$45 monthly issue fee. If, on or after October 1, 2013, the LMM 
relinquished that appointment and a new LMM applied for and was granted 
an appointment in that issue, then the new LMM would be subject to the 
revised fees; following the reallocation, if the issue traded a monthly 
ADV of 100 or fewer Customer contracts, then the new LMM would pay the 
$125 monthly fee.
    The proposed change is not otherwise intended to address any other 
issues, and the Exchange is not aware of any problems that LMMs would 
have in complying with the proposed change.\6\
---------------------------------------------------------------------------

    \6\ The Exchange notes that NYSE MKT LLC submitted a similar 
proposal to implement a rights tier and fee for low-volume issues 
listed on NYSE Amex Options LLC. See Securities Exchange Act Release 
No. 67153 (June 7, 2012), 77 FR 35437 (June 13, 2012) (SR-NYSEMKT-
2012-05).
---------------------------------------------------------------------------

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

[[Page 60365]]

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).
---------------------------------------------------------------------------

    The Exchange believes that including an additional LMM rights fee 
tier with a corresponding fee of $125 is reasonable because it would 
better balance the Exchange's costs to list and maintain the listing of 
these lowest volume issues against the minimal revenue that such issues 
are anticipated to generate for the Exchange. The Exchange also 
believes that it is reasonable to grandfather LMMs that hold an 
appointment in an issue listed before October 1, 2013 at the lower $45 
fee level in order to create an incentive for LMMs to maintain those 
appointments.
    The fee increase is also reasonable, equitable, and not unfairly 
discriminatory because it will encourage more efficient use of the 
Exchange's resources. Unfettered growth in option listings without an 
offsetting growth in volume would ultimately result in increased costs 
for all participants on the Exchange. As a result of the fee increase, 
LMMs that wish to request new appointments in the lowest volume issues 
would directly contribute toward some of the Exchange's costs to 
support that trading instead of having those costs shared among all 
Exchange participants. The Exchange also believes that the fee increase 
is equitable and not unfairly discriminatory because LMMs choose to 
apply for appointments, and thus only those LMMs that are willing to 
pay the applicable fee will apply for the appointment. An LMM that does 
not wish to pay the higher fee for a new appointment after October 1, 
2013 will not request such an appointment, nor will it be required to 
take one. The Exchange believes that it is equitable and not unfairly 
discriminatory to grandfather those LMMs that maintain appointments in 
previously listed issues that have a monthly ADV of 100 or fewer 
Customer contracts after October 1, 2013 at the $45 monthly fee level; 
otherwise, those LMMs would face a significant monthly fee increase. 
The Exchange believes that grandfathering is fair and reasonable in 
light of existing LMMs' expectations concerning fee levels at the time 
their appointments were accepted.
    Finally, the Exchange believes that it is subject to significant 
competitive forces, as described below in the Exchange's statement 
regarding the burden on competition.
    For these reasons, the Exchange believes that the proposal is 
consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\9\ the Exchange 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. The proposed rule change would enhance competition 
among exchanges by permitting the Exchange to better balance its 
revenues and costs when listing extremely low-volume issues that also 
may be listed on other exchanges. The Exchange does not believe that 
the proposed change would burden competition among LMMs because LMMs 
apply for such appointments based on their own business decisions.
---------------------------------------------------------------------------

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

    Finally, the Exchange notes that it operates in a highly 
competitive market in which market participants can readily favor 
competing venues if they deem fee levels at a particular venue to be 
excessive. 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).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings under 
Section 19(b)(2)(B) \12\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-NYSEArca-2013-95 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEArca-2013-95. 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 Web site (https://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 Web site 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 such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-NYSEArca-2013-95, and should 
be submitted on or before October 22, 2013.


[[Page 60366]]


    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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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-23901 Filed 9-30-13; 8:45 am]
BILLING CODE 8011-01-P