Sunshine Act Meeting, 3224-3225 [2016-01129]
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Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices
tkelley on DSK4VPTVN1PROD with NOTICES
percentage of total industry customer
equity and ETF option ADV contract per
day in a month from 1.40% to 1.30% to
qualify for the additional Tier 8 rebate
does not impose an undue burden on
intra-market competition because,
today, all Participants may qualify for
the Tier 8 Customer and Professional
Penny Pilot Options Rebates to Add
Liquidity and qualify to earn the note
‘‘c’’ additional rebates. The Exchange
will uniformly pay the Tier 8 and
additional note ‘‘c’’ rebates to all
Participants that transact the qualifying
volume, respectively.
Customer liquidity is critically
important to the market and benefits all
market participants. Greater customer
liquidity benefits all market participants
by providing more trading opportunities
and attracting greater participation by
specialists and market makers. An
increase in the activity of these market
participants in turn facilitates tighter
spreads. All Participants are eligible for
these rebates if they transact the
requisite volume. All Participants are
eligible for the note ‘‘c’’ incentives if
they transact the requisite volume. Also,
the Exchange believes that encouraging
Participants to add Professional
liquidity creates competition among
options exchanges, because the
Exchange believes that the rebates may
cause market participants to select NOM
as a venue to send Professional order
flow.
The Exchange’s proposal to bold the
numbers and letters in note ‘‘c’’ do not
impose an undue burden on intramarket competition because the
amendment is non-substantive.
NOM Market Maker Penny Pilot
Options Rebate To Add Liquidity Tiers
The Exchange’s proposal to amend
Tier 6 of the NOM Market Maker Penny
Pilot Options Rebate to Add Liquidity to
eliminate one of the criteria to qualify
for the $0.42 per contract Tier 6 rebate
does not impose an undue burden on
intra-market competition because the
elimination of the qualifying language
in Tier 6 of the NOM Market Maker
Penny Pilot Options Rebate to Add
Liquidity will uniformly apply to all
Participants. No Participant will be
entitled to the Tier 6 NOM Market
Maker Penny Pilot Options Rebate to
Add Liquidity by adding Customer,
Professional, Firm, Non-NOM Market
Maker, and/or Broker-Dealer liquidity in
Penny Pilot Options and/or Non-Penny
Pilot Options of 1.40% or more of total
industry customer equity and ETF
option ADV contracts per day in a
month. The Exchange believes that
offering rebates to these market
participants is equitable and not
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unfairly discriminatory in light of their
obligations.26
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act.27
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is: (i) Necessary or appropriate in
the public interest; (ii) for the protection
of investors; or (iii) otherwise in
furtherance of the purposes of the Act.
If the Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
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:
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 the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
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–
NASDAQ–2015–166, and should be
submitted on or before February 10,
2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.28
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–00897 Filed 1–19–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
Sunshine Act Meeting
• 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–
NASDAQ–2015–166 on the subject line.
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission Investor Advisory
Committee will hold a meeting on
Thursday, January 21, 2016, in MultiPurpose Room LL–006 at the
Commission’s headquarters, 100 F
Street NE., Washington, DC. The
meeting will begin at 10:00 a.m. (ET)
and will be open to the public. Seating
will be on a first-come, first-served
basis. Doors will open at 9:00 a.m.
Visitors will be subject to security
checks. The meeting will be webcast on
the Commission’s Web site at
www.sec.gov.
On December 23, 2015, the
Commission issued notice of the
Committee meeting (Release No. 33–
10000), indicating that the meeting is
open to the public (except during that
portion of the meeting reserved for an
administrative work session during
lunch), and inviting the public to
submit written comments to the
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–NASDAQ–2015–166. 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
26 See
27 15
PO 00000
note 17 above.
U.S.C. 78s(b)(3)(A)(ii).
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CFR 200.30–3(a)(12).
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Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices
Committee. This Sunshine Act notice is
being issued because a quorum of the
Commission may attend the meeting.
The agenda for the meeting includes:
remarks from Commissioners; a
discussion of fixed income market
structure and pre-trade price
transparency; a discussion of a draft
letter from the Investor as Owner
subcommittee regarding Financial
Accounting Standards Board proposed
amendments to the Statement of
Financial Accounting Concepts and
Notes to Financial Statements
concerning disclosure materiality; an
update on crowdfunding rules; a
discussion of NASDAQ listing
standards—shareholder approval rules;
subcommittee reports; and a nonpublic
administrative work session during
lunch.
For further information, please
contact the Office of the Secretary at
(202) 551–5400.
Dated: January 14, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016–01129 Filed 1–15–16; 4:15 pm]
BILLING CODE 8011–01–P
[Release No. 34–76889; File No. SR–
NYSEMKT–2015–113]
tkelley on DSK4VPTVN1PROD with NOTICES
January 13, 2016.
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 December
31, 2015, NYSE MKT LLC (the
‘‘Exchange’’ or ‘‘NYSE MKT’’) 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.
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
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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.
1. Purpose
Self-Regulatory Organizations; NYSE
MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend Market Data
Fees for the NYSE Amex Options
Product
2 15
The Exchange proposes to amend the
fees for NYSE Amex Options Product,4
as set forth on the NYSE Amex Options
Proprietary Market Data Fee Schedule
(‘‘Fee Schedule’’). The Exchange
proposes to establish a multiple data
feed fee effective January 1, 2016. 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.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
SECURITIES AND EXCHANGE
COMMISSION
1 15
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange proposes to amend the
fees for NYSE Amex Options Product,5
as set forth on the NYSE Amex Options
Proprietary Market Data Fee Schedule
(‘‘Fee Schedule’’). The Exchange
proposes to establish a multiple data
feed fee effective January 1, 2016.
Specifically, the Exchange proposes to
establish a new monthly fee, the
‘‘Multiple Data Feed Fee,’’ that would
apply to data recipients that take a data
feed for NYSE Amex Options Product in
more than two locations. Data recipients
taking NYSE Amex Options Product in
more than two locations would be
charged $200 per additional location per
4 See Securities Exchange Act Release Nos. 76022
(Sept. 29, 2015), 80 FR 60201 (Oct. 5, 2015) (SR–
NYSEMKT–2015–68) (Notice). The single fee for the
NYSE Amex Options Product set forth on the Fee
Schedule is comprised of three data feeds: Amex
Options Top, Amex Options Deep, and Amex
Options Complex.
5 See Securities Exchange Act Release Nos. 76022
(Sept. 29, 2015), 80 FR 60201 (Oct. 5, 2015) (SR–
NYSEMKT–2015–68) (Notice). The single fee for the
NYSE Amex Options Product set forth on the Fee
Schedule is comprised of three data feeds: Amex
Options Top, Amex Options Deep, and Amex
Options Complex.
PO 00000
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product per month. No new reporting
would be required.6
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the provisions of section 6 of the Act,7
in general, and sections 6(b)(4) and
6(b)(5) of the Act,8 in particular, in that
it provides an equitable allocation of
reasonable fees among users and
recipients of the data and is not
designed to permit unfair
discrimination among customers,
issuers, and brokers.
The fees are also equitable and not
unfairly discriminatory because they
will apply to all data recipients that
choose to subscribe to NYSE Amex
Options Product.
The Exchange believes that it is
reasonable to require data recipients to
pay a modest additional fee taking a
data feed for a market data product in
more than two locations, because such
data recipients can derive substantial
value from being able to consume the
product in as many locations as they
want. In addition, there are
administrative burdens associated with
tracking each location at which a data
recipient receives the product. The
Multiple Data Feed Fee is designed to
encourage data recipients to better
manage their requests for additional
data feeds and to monitor their usage of
data feeds. The proposed fee is designed
to apply to data feeds received in more
than two locations so that each data
recipient can have one primary and one
backup data location before having to
pay a multiple data feed fee. The
Exchange notes that this pricing is
consistent with similar pricing adopted
in 2013 by the Consolidated Tape
Association (‘‘CTA’’).9 The Exchange
also notes that the OPRA Plan imposes
a similar charge of $100 per connection
for circuit connections in addition to the
primary and backup connections.10
The Exchange notes that NYSE Amex
Options Product is entirely optional.
6 Data vendors currently report a unique Vendor
Account Number for each location at which they
provide a data feed to a data recipient. The
Exchange considers each Vendor Account Number
a location. For example, if a data recipient has five
Vendor Account Numbers, representing five
locations, for the receipt of the NYSE Amex Options
Product, that data recipient will pay the Multiple
Data Feed fee with respect to three of the five
locations, or $600.
7 15 U.S.C. 78f(b).
8 15 U.S.C. 78f(b)(4), (5).
9 See Securities Exchange Act Release No. 70010
(July 19, 2013), 78 FR 44984 (July 25, 2013) (SR–
CTA/CQ–2013–04).
10 See ‘‘Direct Access Fee,’’ Options Price
Reporting Authority Fee Schedule Fee Schedule
PRA Plan at https://www.opradata.com/pdf/fee_
schedule.pdf
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Agencies
[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Notices]
[Pages 3224-3225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01129]
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SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission Investor Advisory Committee will hold a meeting
on Thursday, January 21, 2016, in Multi-Purpose Room LL-006 at the
Commission's headquarters, 100 F Street NE., Washington, DC. The
meeting will begin at 10:00 a.m. (ET) and will be open to the public.
Seating will be on a first-come, first-served basis. Doors will open at
9:00 a.m. Visitors will be subject to security checks. The meeting will
be webcast on the Commission's Web site at www.sec.gov.
On December 23, 2015, the Commission issued notice of the Committee
meeting (Release No. 33-10000), indicating that the meeting is open to
the public (except during that portion of the meeting reserved for an
administrative work session during lunch), and inviting the public to
submit written comments to the
[[Page 3225]]
Committee. This Sunshine Act notice is being issued because a quorum of
the Commission may attend the meeting.
The agenda for the meeting includes: remarks from Commissioners; a
discussion of fixed income market structure and pre-trade price
transparency; a discussion of a draft letter from the Investor as Owner
subcommittee regarding Financial Accounting Standards Board proposed
amendments to the Statement of Financial Accounting Concepts and Notes
to Financial Statements concerning disclosure materiality; an update on
crowdfunding rules; a discussion of NASDAQ listing standards--
shareholder approval rules; subcommittee reports; and a nonpublic
administrative work session during lunch.
For further information, please contact the Office of the Secretary
at (202) 551-5400.
Dated: January 14, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-01129 Filed 1-15-16; 4:15 pm]
BILLING CODE 8011-01-P