Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the NYSE Arca Equities Schedule of Fees and Charges for Exchange Services To (i) Change the Pricing for the Retail Liquidity Program and the Qualification Requirement for the Existing Retail Order Tier, and To Add a New Retail Order Credit Under Basic Rates, and (ii) Eliminate Obsolete Pricing Tiers, 54322-54325 [2014-21651]
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Federal Register / Vol. 79, No. 176 / Thursday, September 11, 2014 / Notices
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSEArca–2014–93. 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–2014–93 and should be
submitted on or before October 2, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.44
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–21650 Filed 9–10–14; 8:45 am]
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BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–73013; File No. SR–
NYSEARCA–2014–95]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Amending the NYSE Arca
Equities Schedule of Fees and
Charges for Exchange Services To (i)
Change the Pricing for the Retail
Liquidity Program and the
Qualification Requirement for the
Existing Retail Order Tier, and To Add
a New Retail Order Credit Under Basic
Rates, and (ii) Eliminate Obsolete
Pricing Tiers
September 5, 2014.
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 August
26, 2014, 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 Substance of
the Proposed Rule Change
The Exchange proposes to amend the
NYSE Arca Equities Schedule of Fees
and Charges for Exchange Services
(‘‘Fee Schedule’’) to (i) change the
pricing for the Retail Liquidity Program
and the qualification requirement for
the existing Retail Order Tier, and to
add a new Retail Order credit under
Basic Rates, and (ii) eliminate obsolete
pricing tiers. The Exchange proposes to
implement the fee changes effective
September 1, 2014. 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
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
44 17
CFR 200.30–3(a)(12).
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and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend the
Fee Schedule to (i) change the pricing
for the Retail Liquidity Program and the
qualification requirement for the
existing Retail Order Tier, and to add a
new Retail Order credit under Basic
Rates, and (ii) eliminate obsolete pricing
tiers. The Exchange proposes to
implement the fee changes effective
September 1, 2014.
Retail Liquidity Program
The Retail Liquidity Program is a pilot
program that is designed to attract
additional retail order flow to the
Exchange for NYSE Arca–listed
securities and securities traded pursuant
to unlisted trading privileges (‘‘UTP
Securities’’) while also providing the
potential for price improvement to such
order flow.4 Retail order flow is
submitted through the Retail Liquidity
Program as a distinct order type called
a ‘‘Retail Order,’’ which is defined in
Rule 7.44(a)(3) as an agency order or a
riskless principal order that meets the
criteria of Financial Industry Regulatory
Authority, Inc. Rule 5320.03 that
originates from a natural person and is
submitted to the Exchange by a Retail
Member Organization (‘‘RMO’’),
provided that no change is made to the
terms of the order with respect to price
or side of market and the order does not
originate from a trading algorithm or
any other computerized methodology.5
In addition to RMOs, Retail Liquidity
Providers (‘‘RLPs’’) were created as an
additional class of market participant
under the Retail Liquidity Program.
RLPs are required to provide potential
price improvement for Retail Orders in
the form of ‘‘Retail Price Improvement
Orders’’ (‘‘RPIs’’), which are nondisplayed interest that is better than the
best protected bid (‘‘PBB’’) or best
protected offer (‘‘PBO’’), as such terms
are defined in Regulation NMS Rule
4 See Rule 7.44. See Securities Exchange Act
Release No. 71176 (December 23, 2013), 78 FR
79524 (December 30, 2013) (SR–NYSEArca–2013–
107).
5 RMO is defined in Rule 7.44(a)(2) as an ETP
Holder that is approved by the Exchange under
Rule 7.44 to submit Retail Orders.
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600(b)(57) (together, ‘‘PBBO’’).6 ETP
Holders other than RLPs are also
permitted, but not required, to submit
RPIs.
RLP executions of RPIs against Retail
Orders in Tape B and Tape C securities
are not currently charged or provided
with a credit (i.e., they are free). The
Exchange proposes to instead provide a
credit of $0.0003 per share. RMOs
currently receive a credit of $0.0005 per
share for executions of Retail Orders in
Tape B and Tape C securities if
executed against RPIs and other priceimproving interest. The Exchange
proposes to eliminate this credit so that
such Retail Order executions would be
free (i.e., no credit or charge).
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Retail Order Tier and New Retail Order
Basic Rate Credit
The Exchange currently provides a
credit of $0.0033 per share under the
Retail Order Tier for Retail Orders that
provide liquidity on the Exchange in
Tape A, Tape B and Tape C securities
if the ETP Holder executes an average
daily volume (‘‘ADV’’) of Retail Orders
during the month that is 0.20% or more
of U.S. consolidated ADV (‘‘CADV’’).7
The Retail Order Tier credit is available
only to Retail Orders that provide
liquidity on the Exchange, but an ETP
Holder currently may qualify for the
Retail Order Tier based on its ADV of
6 See 17 CFR 242.600(b)(57). RLP is defined in
Rule 7.44(a)(1) as an ETP Holder that is approved
by the Exchange to act as such and that is required
to submit RPIs in accordance with Rule 7.44. RPI
is defined in Rule 7.44(a)(4) and consists of nondisplayed interest in NYSE Arca-Alisted securities
and UTP Securities, excluding NYSE-listed (Tape
A) securities, that is priced better than the PBBO
by at least $0.001 and that is identified as such.
7 An ETP Holder is able to designate an order as
a Retail Order for purposes of the non-Retail
Liquidity Program pricing (i.e., the Retail Order Tier
and, as described herein, the proposed Retail Order
Basic Rate credit) without designating the order as
a Retail Order for purposes of the Retail Liquidity
Program pricing. An order designated only for nonRetail Liquidity Program pricing would not be
eligible to execute in the Retail Liquidity Program
or be subject to Retail Liquidity Program pricing.
However, an ETP Holder could choose to designate
an order for purposes of both the Retail Liquidity
Program and otherwise, in which case the Exchange
would consider the order to be a Retail Order for
purposes of executions within the Retail Liquidity
Program, and apply Retail Liquidity Program
pricing for any such executions, and also then as
a Retail Order for purposes of the Retail Order Tier
and the proposed Retail Order Basic Rate credit for
any executions outside of the Retail Liquidity
Program. The same requirements of Rule 7.44(a)(3)
applies with respect to Retail Orders, whether
within or outside of the Retail Liquidity Program.
The Exchange described these details in a prior rule
change that introduced the Retail Liquidity Program
pricing, including that the manner in which an
order was designated (i.e., either within or outside
of the Retail Liquidity Program, or both) would
determine the applicable pricing. See Securities
Exchange Act Release No. 71722 (March 13, 2014),
79 FR 15376 (March 19, 2014) (SR–NYSEArca–
2014–22).
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Retail Orders that both provide and
remove liquidity from the Exchange.
The Exchange proposes that only Retail
Orders that provide liquidity would
count toward qualifying for the Retail
Order Tier; Retail Orders that remove
liquidity would no longer count. The
Exchange also proposes to decrease the
CADV threshold for qualification from
0.20% to 0.15%.
Currently, an ETP Holder that submits
Retail Orders that provide liquidity, but
that does not qualify for the Retail Order
Tier or a separate Tiered rate in the Fee
Schedule, is subject to the Basic Rate
credit of $0.0020 per share for such
executions. The Exchange proposes to
add a new Basic Rate credit of $0.0030
per share for Retail Orders that provide
liquidity.
Elimination of Obsolete Pricing
The Fee Schedule currently includes
several pricing tiers that have not
encouraged ETP Holders to increase
their activity to qualify for the tiers as
significantly as the Exchange
anticipated they would. These tiers are
as follows: (i) Investor Tiers 1–4, (ii)
Retail Order Cross Asset Tier, and (iii)
Routable Order Cross Asset Tier. The
Exchange proposes to remove these
pricing tiers from the Fee Schedule as
well as any related cross references.
The proposed change is not otherwise
intended to address any other issues,
and the Exchange is not aware of any
problems that ETP Holders would have
in complying with the proposed change.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Act,8 in general, and
furthers the objectives of Sections
6(b)(4) and 6(b)(5) of the Act,9 in
particular, because it provides for the
equitable allocation of reasonable dues,
fees, and other charges among its
members, issuers and other persons
using its facilities and does not unfairly
discriminate between customers,
issuers, brokers or dealers.
Retail Liquidity Program
The Exchange believes that the
proposed changes to the rates under the
Retail Liquidity Program are reasonable.
The Exchange originally introduced the
existing rates approximately five
months ago.10 At that time, the
Exchange stated that, because the Retail
Liquidity Program was a pilot program,
the Exchange anticipated that it would
8 15
U.S.C. 78f(b).
U.S.C. 78f(b)(4) and (5).
10 See Securities Exchange Act Release No. 71722
(March 13, 2014), 79 FR 15376 (March 19, 2014)
(SR–NYSEArca–2014–22).
9 15
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54323
periodically review applicable pricing
to seek to ensure that it contributes to
the goal of the Retail Liquidity Program,
which is designed to attract additional
retail order flow to the Exchange for
NYSE Arca-listed securities and UTP
Securities while also providing the
potential for price improvement to such
order flow. The proposed new rates are
a result of this review.
The Exchange believes that providing
a credit of $0.0003 per share for RLP
and Non-RLP executions of RPIs against
Retail Orders is reasonable because it
would further incentivize submission of
RPIs for interaction with Retail Orders
and therefore could result in greater
price improvement for Retail Orders.
The Retail Order credit was designed to
create a financial incentive for RMOs to
bring additional retail order flow to a
public market during the initial
implementation of the Retail Liquidity
Program. The proposed change also is
reasonable because, despite the
elimination of the credit, RMOs, and
indirectly their customers, would
continue to receive significant benefits
in the form of price improvement by
interacting with RPIs.
The Exchange notes that a significant
percentage of the orders of individual
investors are executed over-thecounter.11 While the Exchange believes
that markets and price discovery
optimally function through the
interactions of diverse flow types, it also
believes that growth in internalization
has required differentiation of retail
order flow from other order flow types.
The proposed new rates would be set at
levels that would continue to reasonably
incentivize RMOs to direct Retail Orders
to the Exchange and would contribute to
robust amounts of RPI liquidity
submitted by RLPs and non-RLPs being
available for interaction with the Retail
Orders. Together, this would increase
11 See Concept Release on Equity Market
Structure, Securities Exchange Act Release No.
61358 (January 14, 2010), 75 FR 3594 (January 21,
2010) (‘‘Concept Release’’) (noting that dark pools
and internalizing broker-dealers executed
approximately 25.4% of share volume in September
2009). See also Mary Jo White, Focusing on
Fundamentals: The Path to Address Equity Market
Structure (Speech at the Security Traders
Association 80th Annual Market Structure
Conference, Oct. 2, 2013) (available on the
Commission’s Web site) (‘‘White Speech’’); Mary L.
Schapiro, Strengthening Our Equity Market
Structure (Speech at the Economic Club of New
York, Sept. 7, 2010) (available on the Commission’s
Web site) (‘‘Schapiro Speech’’). In her speech, Chair
White noted a steadily increasing percentage of
trading that occurs in ‘‘dark’’ venues, which appear
to execute more than half of the orders of long-term
investors. Similarly, in her speech, only three years
earlier, Chair Schapiro noted that nearly 30 percent
of volume in U.S.-listed equities was executed in
venues that do not display their liquidity or make
it generally available to the public and the
percentage was increasing nearly every month.
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Federal Register / Vol. 79, No. 176 / Thursday, September 11, 2014 / Notices
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the pool of robust liquidity available on
the Exchange, thereby contributing to
the quality of the Exchange’s market and
to the Exchange’s status as a premier
destination for liquidity and order
execution. The Exchange believes that,
because Retail Orders are likely to
reflect long-term investment intentions,
they promote price discovery and
dampen volatility. Accordingly, the
presence of Retail Orders on the
Exchange has the potential to benefit all
market participants. For this reason, the
Exchange believes that the proposed
pricing is equitable and not unfairly
discriminatory and would continue to
encourage greater retail participation on
the Exchange.
The pricing proposed herein, like the
Retail Liquidity Program itself, is not
designed to permit unfair
discrimination, but instead to promote a
competitive process around retail
executions such that retail investors
would receive better prices than they
currently do through bilateral
internalization arrangements. The
Exchange believes that the transparency
and competitiveness of operating a
program such as the Retail Liquidity
Program on an exchange market, and the
pricing related thereto, would result in
better prices for retail investors. The
proposed change is also equitable and
not unfairly discriminatory because it
would contribute to investors’
confidence in the fairness of their
transactions and because it would
benefit all investors by deepening the
Exchange’s liquidity pool, supporting
the quality of price discovery,
promoting market transparency and
improving investor protection.
Retail Order Tier and New Retail Order
Basic Rate Credit
The Exchange believes that it is
reasonable that only Retail Orders that
provide liquidity would count toward
qualifying for the Retail Order Tier. This
would result in the type of volume to
which the corresponding credit applies
being the same as the volume that
counts toward qualification—i.e., only
Retail Orders that provide liquidity for
both. The Exchange also believes that
the proposed change is reasonable
because, while Retail Orders that
remove liquidity would no longer count
toward qualifying for the Retail Order
Tier, the qualifying threshold would be
decreased from 0.20% to 0.15%. The
Exchange believes that the decreased
threshold may balance the effect of the
more narrow activity that would count
toward qualifying. The Exchange
believes that the proposed threshold of
0.15% is reasonable because it would
remain within a range that the Exchange
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believes would continue to incentivize
ETP Holders to submit Retail Orders to
the Exchange in order to qualify for the
applicable credit of $0.0033 per share.
This would continue to contribute to
increasing liquidity available on the
Exchange.
The Exchange believes that it is
reasonable to add a new Basic Rate
credit of $0.0030 per share for Retail
Orders that provide liquidity. The
Exchange believes that the proposed
new credit would contribute further to
balancing the effect of the more narrow
activity that would count toward
qualifying for the Retail Order Tier, as
described above. In this regard, an ETP
Holder that does not qualify for the
Retail Order Tier would still be eligible
for a credit for its Retail Orders that
provide liquidity that is higher than the
standard $0.0020 per share Basic Rate
credit for providing liquidity, which the
Exchange believes may be below the
level that would continue to encourage
submission of Retail Orders on the
Exchange. The proposed new $0.0030
Basic Rate credit would be set at a level
that would reasonably contribute to
encouraging ETP Holders to submit
Retail Orders. Retail Orders that provide
liquidity would receive the new Basic
Rate credit of $0.0030 per share if the
ETP Holder does not qualify for the
Retail Order Tier or another Tiered rate
in the Fee Schedule.
The proposed new Retail Order Basic
Rate credit would create an added
financial incentive for ETP Holders to
bring additional retail flow to a public
market. The proposed new credit also is
reasonable because it would reduce the
costs of ETP Holders that represent
retail flow and potentially also reduce
costs to their customers. The Exchange
also believes that the proposed $0.0030
credit is reasonable because it would be
identical to the credit on New York
Stock Exchange LLC for transactions in
orders designated as ‘‘retail’’ that
provide liquidity. The proposed credit
also would be similar to the manner in
which The Nasdaq Stock Market, LLC
provides a $0.0033 credit for
‘‘Designated Retail Orders’’ that provide
liquidity.12
The Exchange believes that the
proposed change is equitable and not
unfairly discriminatory because
maintaining or increasing the
proportion of Retail Orders in exchangelisted securities that are executed on a
registered national securities exchange
(rather than relying on certain available
off-exchange execution methods) would
contribute to investors’ confidence in
the fairness of their transactions and
12 See
PO 00000
NASDAQ Rule 7018.
Frm 00063
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Sfmt 4703
would benefit all investors by
deepening the Exchange’s liquidity
pool, supporting the quality of price
discovery, promoting market
transparency and improving investor
protection. This aspect of the proposed
change also is consistent with the Act
because all similarly situated ETP
Holders would pay the same rate, as is
currently the case, and because all ETP
Holders would be eligible to qualify for
the rates by satisfying the related
thresholds, where applicable.
Furthermore, the submission of Retail
Orders is optional for ETP Holders, in
that an ETP Holder could choose
whether to submit Retail Orders and, if
it does, the extent of its activity in this
regard.
Elimination of Obsolete Pricing
The Exchange believes that it is
reasonable to eliminate the obsolete
pricing tiers from the Fee Schedule
because ETP Holders have not increased
their activity to qualify for these tiers as
significantly as the Exchange
anticipated they would. The Exchange
believes that this is equitable and not
unfairly discriminatory because the tiers
would be eliminated entirely—no ETP
Holders would remain able to qualify
for the eliminated tiers. This aspect of
the proposed change would therefore
result in a more streamlined Fee
Schedule, including with respect to
removal of related cross references.
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,13 the Exchange believes that the
proposed rule change would not 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 proposed
change would encourage the submission
of additional liquidity to a public
exchange, thereby promoting price
discovery and transparency and
enhancing order execution
opportunities for ETP Holders. The
Exchange believes that this could
promote competition between the
Exchange and other execution venues,
including those that currently offer
similar order types and comparable
transaction pricing, by encouraging
13 15
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U.S.C. 78f(b)(8).
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additional orders to be sent to the
Exchange for execution. The Exchange
also believes that the proposed rule
change is consistent with the Act in this
regard, because it strikes an appropriate
balance between fees and credits, which
will encourage submission of orders to
the Exchange, thereby promoting
competition. The removal of obsolete
pricing tiers is not competitive in
nature, but would result in a more
streamlined Fee Schedule.
Finally, the Exchange notes that it
operates in a highly competitive market
in which market participants can
readily favor competing venues if they
deem fee levels at a particular venue to
be excessive or rebate opportunities
available at other venues to be more
favorable. In such an environment, the
Exchange must continually adjust its
fees and rebates to remain competitive
with other exchanges and with
alternative trading systems that have
been exempted from compliance with
the statutory standards applicable to
exchanges. Because competitors are free
to modify their own fees and credits in
response, and because market
participants may readily adjust their
order routing practices, the Exchange
believes that the degree to which fee
changes in this market may impose any
burden on competition is extremely
limited. As a result of all of these
considerations, the Exchange does not
believe that the proposed changes will
impair the ability of ETP Holders or
competing order execution venues to
maintain their competitive standing in
the financial markets.
mstockstill on DSK4VPTVN1PROD with NOTICES
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) 14 of the Act and
subparagraph (f)(2) of Rule 19b–4 15
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
U.S.C. 78s(b)(3)(A).
15 17 CFR 240.19b–4(f)(2).
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) 16 of the Act to
determine whether the proposed rule
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:
18:29 Sep 10, 2014
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–
NYSEARCA–2014–95 and should be
submitted on or before October 2, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–21651 Filed 9–10–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number SR–NYSEARCA–2014–95 on
the subject line.
[Release No. 34–73008; File No. SR–
NYSEMKT–2014–73]
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSEARCA–2014–95. 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 Section, 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 will also be available for
inspection and copying at the NYSE’s
principal office and on its Internet Web
site at www.nyse.com. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
September 5, 2014.
14 15
VerDate Mar<15>2010
Self-Regulatory Organizations; NYSE
MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Amending Its Fees for
Non-Display Use of NYSE Amex
Options Market Data
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that, on August
25, 2014, NYSE MKT LLC (‘‘Exchange’’
or ‘‘NYSE MKT’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’ or ‘‘SEC’’) 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend its
fees for non-display use of NYSE Amex
Options market data, operative on
September 1, 2014. 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
17 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
16 15
Jkt 232001
54325
PO 00000
U.S.C. 78s(b)(2)(B).
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Agencies
[Federal Register Volume 79, Number 176 (Thursday, September 11, 2014)]
[Notices]
[Pages 54322-54325]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21651]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-73013; File No. SR-NYSEARCA-2014-95]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending the NYSE
Arca Equities Schedule of Fees and Charges for Exchange Services To (i)
Change the Pricing for the Retail Liquidity Program and the
Qualification Requirement for the Existing Retail Order Tier, and To
Add a New Retail Order Credit Under Basic Rates, and (ii) Eliminate
Obsolete Pricing Tiers
September 5, 2014.
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 August 26, 2014, 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 amend the NYSE Arca Equities Schedule of
Fees and Charges for Exchange Services (``Fee Schedule'') to (i) change
the pricing for the Retail Liquidity Program and the qualification
requirement for the existing Retail Order Tier, and to add a new Retail
Order credit under Basic Rates, and (ii) eliminate obsolete pricing
tiers. The Exchange proposes to implement the fee changes effective
September 1, 2014. 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 the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend the Fee Schedule to (i) change the
pricing for the Retail Liquidity Program and the qualification
requirement for the existing Retail Order Tier, and to add a new Retail
Order credit under Basic Rates, and (ii) eliminate obsolete pricing
tiers. The Exchange proposes to implement the fee changes effective
September 1, 2014.
Retail Liquidity Program
The Retail Liquidity Program is a pilot program that is designed to
attract additional retail order flow to the Exchange for NYSE Arca-
listed securities and securities traded pursuant to unlisted trading
privileges (``UTP Securities'') while also providing the potential for
price improvement to such order flow.\4\ Retail order flow is submitted
through the Retail Liquidity Program as a distinct order type called a
``Retail Order,'' which is defined in Rule 7.44(a)(3) as an agency
order or a riskless principal order that meets the criteria of
Financial Industry Regulatory Authority, Inc. Rule 5320.03 that
originates from a natural person and is submitted to the Exchange by a
Retail Member Organization (``RMO''), provided that no change is made
to the terms of the order with respect to price or side of market and
the order does not originate from a trading algorithm or any other
computerized methodology.\5\ In addition to RMOs, Retail Liquidity
Providers (``RLPs'') were created as an additional class of market
participant under the Retail Liquidity Program. RLPs are required to
provide potential price improvement for Retail Orders in the form of
``Retail Price Improvement Orders'' (``RPIs''), which are non-displayed
interest that is better than the best protected bid (``PBB'') or best
protected offer (``PBO''), as such terms are defined in Regulation NMS
Rule
[[Page 54323]]
600(b)(57) (together, ``PBBO'').\6\ ETP Holders other than RLPs are
also permitted, but not required, to submit RPIs.
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\4\ See Rule 7.44. See Securities Exchange Act Release No. 71176
(December 23, 2013), 78 FR 79524 (December 30, 2013) (SR-NYSEArca-
2013-107).
\5\ RMO is defined in Rule 7.44(a)(2) as an ETP Holder that is
approved by the Exchange under Rule 7.44 to submit Retail Orders.
\6\ See 17 CFR 242.600(b)(57). RLP is defined in Rule 7.44(a)(1)
as an ETP Holder that is approved by the Exchange to act as such and
that is required to submit RPIs in accordance with Rule 7.44. RPI is
defined in Rule 7.44(a)(4) and consists of non-displayed interest in
NYSE Arca-Alisted securities and UTP Securities, excluding NYSE-
listed (Tape A) securities, that is priced better than the PBBO by
at least $0.001 and that is identified as such.
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RLP executions of RPIs against Retail Orders in Tape B and Tape C
securities are not currently charged or provided with a credit (i.e.,
they are free). The Exchange proposes to instead provide a credit of
$0.0003 per share. RMOs currently receive a credit of $0.0005 per share
for executions of Retail Orders in Tape B and Tape C securities if
executed against RPIs and other price-improving interest. The Exchange
proposes to eliminate this credit so that such Retail Order executions
would be free (i.e., no credit or charge).
Retail Order Tier and New Retail Order Basic Rate Credit
The Exchange currently provides a credit of $0.0033 per share under
the Retail Order Tier for Retail Orders that provide liquidity on the
Exchange in Tape A, Tape B and Tape C securities if the ETP Holder
executes an average daily volume (``ADV'') of Retail Orders during the
month that is 0.20% or more of U.S. consolidated ADV (``CADV'').\7\ The
Retail Order Tier credit is available only to Retail Orders that
provide liquidity on the Exchange, but an ETP Holder currently may
qualify for the Retail Order Tier based on its ADV of Retail Orders
that both provide and remove liquidity from the Exchange. The Exchange
proposes that only Retail Orders that provide liquidity would count
toward qualifying for the Retail Order Tier; Retail Orders that remove
liquidity would no longer count. The Exchange also proposes to decrease
the CADV threshold for qualification from 0.20% to 0.15%.
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\7\ An ETP Holder is able to designate an order as a Retail
Order for purposes of the non-Retail Liquidity Program pricing
(i.e., the Retail Order Tier and, as described herein, the proposed
Retail Order Basic Rate credit) without designating the order as a
Retail Order for purposes of the Retail Liquidity Program pricing.
An order designated only for non-Retail Liquidity Program pricing
would not be eligible to execute in the Retail Liquidity Program or
be subject to Retail Liquidity Program pricing. However, an ETP
Holder could choose to designate an order for purposes of both the
Retail Liquidity Program and otherwise, in which case the Exchange
would consider the order to be a Retail Order for purposes of
executions within the Retail Liquidity Program, and apply Retail
Liquidity Program pricing for any such executions, and also then as
a Retail Order for purposes of the Retail Order Tier and the
proposed Retail Order Basic Rate credit for any executions outside
of the Retail Liquidity Program. The same requirements of Rule
7.44(a)(3) applies with respect to Retail Orders, whether within or
outside of the Retail Liquidity Program. The Exchange described
these details in a prior rule change that introduced the Retail
Liquidity Program pricing, including that the manner in which an
order was designated (i.e., either within or outside of the Retail
Liquidity Program, or both) would determine the applicable pricing.
See Securities Exchange Act Release No. 71722 (March 13, 2014), 79
FR 15376 (March 19, 2014) (SR-NYSEArca-2014-22).
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Currently, an ETP Holder that submits Retail Orders that provide
liquidity, but that does not qualify for the Retail Order Tier or a
separate Tiered rate in the Fee Schedule, is subject to the Basic Rate
credit of $0.0020 per share for such executions. The Exchange proposes
to add a new Basic Rate credit of $0.0030 per share for Retail Orders
that provide liquidity.
Elimination of Obsolete Pricing
The Fee Schedule currently includes several pricing tiers that have
not encouraged ETP Holders to increase their activity to qualify for
the tiers as significantly as the Exchange anticipated they would.
These tiers are as follows: (i) Investor Tiers 1-4, (ii) Retail Order
Cross Asset Tier, and (iii) Routable Order Cross Asset Tier. The
Exchange proposes to remove these pricing tiers from the Fee Schedule
as well as any related cross references.
The proposed change is not otherwise intended to address any other
issues, and the Exchange is not aware of any problems that ETP Holders
would have in complying with the proposed change.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\8\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\9\ in
particular, because it provides for the equitable allocation of
reasonable dues, fees, and other charges among its members, issuers and
other persons using its facilities and does not unfairly discriminate
between customers, issuers, brokers or dealers.
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\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(4) and (5).
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Retail Liquidity Program
The Exchange believes that the proposed changes to the rates under
the Retail Liquidity Program are reasonable. The Exchange originally
introduced the existing rates approximately five months ago.\10\ At
that time, the Exchange stated that, because the Retail Liquidity
Program was a pilot program, the Exchange anticipated that it would
periodically review applicable pricing to seek to ensure that it
contributes to the goal of the Retail Liquidity Program, which is
designed to attract additional retail order flow to the Exchange for
NYSE Arca-listed securities and UTP Securities while also providing the
potential for price improvement to such order flow. The proposed new
rates are a result of this review.
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\10\ See Securities Exchange Act Release No. 71722 (March 13,
2014), 79 FR 15376 (March 19, 2014) (SR-NYSEArca-2014-22).
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The Exchange believes that providing a credit of $0.0003 per share
for RLP and Non-RLP executions of RPIs against Retail Orders is
reasonable because it would further incentivize submission of RPIs for
interaction with Retail Orders and therefore could result in greater
price improvement for Retail Orders. The Retail Order credit was
designed to create a financial incentive for RMOs to bring additional
retail order flow to a public market during the initial implementation
of the Retail Liquidity Program. The proposed change also is reasonable
because, despite the elimination of the credit, RMOs, and indirectly
their customers, would continue to receive significant benefits in the
form of price improvement by interacting with RPIs.
The Exchange notes that a significant percentage of the orders of
individual investors are executed over-the-counter.\11\ While the
Exchange believes that markets and price discovery optimally function
through the interactions of diverse flow types, it also believes that
growth in internalization has required differentiation of retail order
flow from other order flow types. The proposed new rates would be set
at levels that would continue to reasonably incentivize RMOs to direct
Retail Orders to the Exchange and would contribute to robust amounts of
RPI liquidity submitted by RLPs and non-RLPs being available for
interaction with the Retail Orders. Together, this would increase
[[Page 54324]]
the pool of robust liquidity available on the Exchange, thereby
contributing to the quality of the Exchange's market and to the
Exchange's status as a premier destination for liquidity and order
execution. The Exchange believes that, because Retail Orders are likely
to reflect long-term investment intentions, they promote price
discovery and dampen volatility. Accordingly, the presence of Retail
Orders on the Exchange has the potential to benefit all market
participants. For this reason, the Exchange believes that the proposed
pricing is equitable and not unfairly discriminatory and would continue
to encourage greater retail participation on the Exchange.
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\11\ See Concept Release on Equity Market Structure, Securities
Exchange Act Release No. 61358 (January 14, 2010), 75 FR 3594
(January 21, 2010) (``Concept Release'') (noting that dark pools and
internalizing broker-dealers executed approximately 25.4% of share
volume in September 2009). See also Mary Jo White, Focusing on
Fundamentals: The Path to Address Equity Market Structure (Speech at
the Security Traders Association 80th Annual Market Structure
Conference, Oct. 2, 2013) (available on the Commission's Web site)
(``White Speech''); Mary L. Schapiro, Strengthening Our Equity
Market Structure (Speech at the Economic Club of New York, Sept. 7,
2010) (available on the Commission's Web site) (``Schapiro
Speech''). In her speech, Chair White noted a steadily increasing
percentage of trading that occurs in ``dark'' venues, which appear
to execute more than half of the orders of long-term investors.
Similarly, in her speech, only three years earlier, Chair Schapiro
noted that nearly 30 percent of volume in U.S.-listed equities was
executed in venues that do not display their liquidity or make it
generally available to the public and the percentage was increasing
nearly every month.
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The pricing proposed herein, like the Retail Liquidity Program
itself, is not designed to permit unfair discrimination, but instead to
promote a competitive process around retail executions such that retail
investors would receive better prices than they currently do through
bilateral internalization arrangements. The Exchange believes that the
transparency and competitiveness of operating a program such as the
Retail Liquidity Program on an exchange market, and the pricing related
thereto, would result in better prices for retail investors. The
proposed change is also equitable and not unfairly discriminatory
because it would contribute to investors' confidence in the fairness of
their transactions and because it would benefit all investors by
deepening the Exchange's liquidity pool, supporting the quality of
price discovery, promoting market transparency and improving investor
protection.
Retail Order Tier and New Retail Order Basic Rate Credit
The Exchange believes that it is reasonable that only Retail Orders
that provide liquidity would count toward qualifying for the Retail
Order Tier. This would result in the type of volume to which the
corresponding credit applies being the same as the volume that counts
toward qualification--i.e., only Retail Orders that provide liquidity
for both. The Exchange also believes that the proposed change is
reasonable because, while Retail Orders that remove liquidity would no
longer count toward qualifying for the Retail Order Tier, the
qualifying threshold would be decreased from 0.20% to 0.15%. The
Exchange believes that the decreased threshold may balance the effect
of the more narrow activity that would count toward qualifying. The
Exchange believes that the proposed threshold of 0.15% is reasonable
because it would remain within a range that the Exchange believes would
continue to incentivize ETP Holders to submit Retail Orders to the
Exchange in order to qualify for the applicable credit of $0.0033 per
share. This would continue to contribute to increasing liquidity
available on the Exchange.
The Exchange believes that it is reasonable to add a new Basic Rate
credit of $0.0030 per share for Retail Orders that provide liquidity.
The Exchange believes that the proposed new credit would contribute
further to balancing the effect of the more narrow activity that would
count toward qualifying for the Retail Order Tier, as described above.
In this regard, an ETP Holder that does not qualify for the Retail
Order Tier would still be eligible for a credit for its Retail Orders
that provide liquidity that is higher than the standard $0.0020 per
share Basic Rate credit for providing liquidity, which the Exchange
believes may be below the level that would continue to encourage
submission of Retail Orders on the Exchange. The proposed new $0.0030
Basic Rate credit would be set at a level that would reasonably
contribute to encouraging ETP Holders to submit Retail Orders. Retail
Orders that provide liquidity would receive the new Basic Rate credit
of $0.0030 per share if the ETP Holder does not qualify for the Retail
Order Tier or another Tiered rate in the Fee Schedule.
The proposed new Retail Order Basic Rate credit would create an
added financial incentive for ETP Holders to bring additional retail
flow to a public market. The proposed new credit also is reasonable
because it would reduce the costs of ETP Holders that represent retail
flow and potentially also reduce costs to their customers. The Exchange
also believes that the proposed $0.0030 credit is reasonable because it
would be identical to the credit on New York Stock Exchange LLC for
transactions in orders designated as ``retail'' that provide liquidity.
The proposed credit also would be similar to the manner in which The
Nasdaq Stock Market, LLC provides a $0.0033 credit for ``Designated
Retail Orders'' that provide liquidity.\12\
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\12\ See NASDAQ Rule 7018.
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The Exchange believes that the proposed change is equitable and not
unfairly discriminatory because maintaining or increasing the
proportion of Retail Orders in exchange-listed securities that are
executed on a registered national securities exchange (rather than
relying on certain available off-exchange execution methods) would
contribute to investors' confidence in the fairness of their
transactions and would benefit all investors by deepening the
Exchange's liquidity pool, supporting the quality of price discovery,
promoting market transparency and improving investor protection. This
aspect of the proposed change also is consistent with the Act because
all similarly situated ETP Holders would pay the same rate, as is
currently the case, and because all ETP Holders would be eligible to
qualify for the rates by satisfying the related thresholds, where
applicable. Furthermore, the submission of Retail Orders is optional
for ETP Holders, in that an ETP Holder could choose whether to submit
Retail Orders and, if it does, the extent of its activity in this
regard.
Elimination of Obsolete Pricing
The Exchange believes that it is reasonable to eliminate the
obsolete pricing tiers from the Fee Schedule because ETP Holders have
not increased their activity to qualify for these tiers as
significantly as the Exchange anticipated they would. The Exchange
believes that this is equitable and not unfairly discriminatory because
the tiers would be eliminated entirely--no ETP Holders would remain
able to qualify for the eliminated tiers. This aspect of the proposed
change would therefore result in a more streamlined Fee Schedule,
including with respect to removal of related cross references.
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,\13\ the Exchange
believes that the proposed rule change would not 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 proposed
change would encourage the submission of additional liquidity to a
public exchange, thereby promoting price discovery and transparency and
enhancing order execution opportunities for ETP Holders. The Exchange
believes that this could promote competition between the Exchange and
other execution venues, including those that currently offer similar
order types and comparable transaction pricing, by encouraging
[[Page 54325]]
additional orders to be sent to the Exchange for execution. The
Exchange also believes that the proposed rule change is consistent with
the Act in this regard, because it strikes an appropriate balance
between fees and credits, which will encourage submission of orders to
the Exchange, thereby promoting competition. The removal of obsolete
pricing tiers is not competitive in nature, but would result in a more
streamlined Fee Schedule.
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\13\ 15 U.S.C. 78f(b)(8).
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Finally, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive or rebate opportunities available at other venues to be more
favorable. In such an environment, the Exchange must continually adjust
its fees and rebates to remain competitive with other exchanges and
with alternative trading systems that have been exempted from
compliance with the statutory standards applicable to exchanges.
Because competitors are free to modify their own fees and credits in
response, and because market participants may readily adjust their
order routing practices, the Exchange believes that the degree to which
fee changes in this market may impose any burden on competition is
extremely limited. As a result of all of these considerations, the
Exchange does not believe that the proposed changes will impair the
ability of ETP Holders or competing order execution venues to maintain
their competitive standing in the financial markets.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were solicited or received with respect to the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \14\ of the Act and subparagraph (f)(2) of Rule
19b-4 \15\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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\14\ 15 U.S.C. 78s(b)(3)(A).
\15\ 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) \16\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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\16\ 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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-NYSEARCA-2014-95 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSEARCA-2014-95. 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 Section, 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 will also be available
for inspection and copying at the NYSE's principal office and on its
Internet Web site at www.nyse.com. 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-2014-95 and should be submitted on or before
October 2, 2014.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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\17\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-21651 Filed 9-10-14; 8:45 am]
BILLING CODE 8011-01-P