Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the NYSE Arca Options Fee Schedule, 70719-70721 [2016-24700]
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Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Notices
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 No. SR–
BatsBZX–2016–64 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.
Lhorne on DSK30JT082PROD with NOTICES
All submissions should refer to File No.
SR–BatsBZX–2016–64. 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 will also 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 No. SR–BatsBZX–
2016–64 and should be submitted on or
before November 3, 2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Brent J. Fields,
Secretary.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–79063; File No. SR–
NYSEArca–2016–132]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Amending the NYSE Arca
Options Fee Schedule
October 6, 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
September 23, 2016, 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’’). The Exchange proposes to
implement the fee change effective
October 1, 2016. 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.
70719
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to cap the
Lead Market Maker (‘‘LMM’’) Rights
Fees (‘‘Rights Fee’’) charged for lowervolume issues to encourage OTP Firms
acting as LMMs to add more such issues
to their allocation. The Exchange
proposes to implement the fee change
effective October 1, 2016.
The LMM Rights Fee is charged ‘‘on
a per issue basis to the OTP Firm acting
as LMM in the issue.’’ 4 Currently, the
Exchange charges a Rights Fee on each
issue in a LMM’s allocation, with rates
based on the Average National Daily
Customer Contracts (‘‘CADV’’). The
monthly Rights Fee ranges from $25 per
month to $3,000 per month. Under the
current Fee Schedule, the more active
an issue is, the higher the Rights Fee, as
set forth below:
Average national daily
customer contracts
0 to 100 ................................
101 to 1,000 .........................
1,001 to 2,000 ......................
2,001 to 5,000 ......................
5,001 to 15,000 ....................
15,001 to 100,000 ................
Over 100,000 ........................
Monthly issue
fee
$25
35
75
200
750
1,500
3,000
Earlier this year, the Exchange
introduced an LMM Rights Fee Discount
applicable to each issue in an LMM’s
appointment with a CADV above 5,000
based on the amount of monthly (i) total
electronic volume and/or (ii) total
posted volume executed by an LMM in
the Market Maker range relative to other
Marker Makers appointed in that issue
(the ‘‘Discount’’).5 This Discount was
designed to incent LMMs that already
transact a significant amount of business
on the Exchange and trade
competitively in their issues to increase
their trading and achieve one of the
Discounts as well as to incent LMMs to
apply for new issue allocation. The
Exchange now proposes a modification
to its Fee schedule that is designed to
encourage LMMs to add lower-volume
issues to their appointments.
Specifically, the Exchange proposes to
cap at 50 issues the Rights Fee it charges
OTP Firms for issues with a CADV of 0
to 100 contracts (‘‘First Tier’’). The
[FR Doc. 2016–24701 Filed 10–12–16; 8:45 am]
4 See Fee Schedule, Endnote 2, available
here,https://www.nyse.com/publicdocs/nyse/
markets/arca-options/NYSE_Arca_Options_Fee_
Schedule.pdf.
5 See Securities and Exchange Act Release No.
77885 (May 23, 2016), 81 FR 33716 (May 23 [sic],
2016) (SR–NYSEArca–2016–75).
BILLING CODE 8011–01–P
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
9 17
CFR 200.30–3(a)(12).
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70720
Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Notices
Exchange would not charge for any First
Tier issues in the LMM’s allocation that
exceed 50 issues. The Exchange also
proposes to cap at 100 issues the Rights
Fee it charges for issues with a CADV
of 101 to 1000 (‘‘Second Tier’’). The
Exchange would not charge for any
Second Tier issues in the LMM’s
allocation that exceed 100 issues. The
practical impact of this cap is that the
maximum LMM Rights Fee charged to
an OTP Firm for issues trading in the
First Tier would be $1,250 (i.e., $25 ×
50) and the maximum Rights Fee
charged to an OTP Firm for issues
trading in the Second Tier would be
$3,500 (i.e., $35 × 100). For example, an
OTP Firm acting as an LMM with 55
issues that trade in the First Tier, and
another 130 that trade in the Second
Tier, would be charged an LMM Rights
fee of $4,750 ($1,250 (the max charged
for First Tier issues) plus $3,500 (the
max charged for Second Tier issues).
The Exchange is setting the caps at
different amounts for the First and
Second Tiers because of the difference
in the universe of available issues in
each of these Tiers. The Exchange
proposes a higher issue cap for options
trading in the Second Tiers because
there are more issues available in this
Tier than in the First Tier and these
issues are also more desirable because
they trade more.6
The Exchange believes that the
proposed caps to the LMM Rights Fee
would increase interest of OTP Firms
acting as LMMs in adding to their
allocation issues in the First and Second
Tiers.
The Exchange notes that the proposed
caps to the Rights Fees would not
hinder an LMM’s ability to achieve any
of the existing discounts applicable to
the Rights Fees; rather, to the extent that
the caps encourage an OTP Firm acting
as an LMM to increase the number of
issues in its allocation, the proposal
may increase an LMM’s chances of
achieving existing discounts (i.e., to
achieve the 50% discount on the Rights
Fee an LMM needs to trade 10,000
electronic contracts ADV in its
appointment).
The Exchange is not proposing any
other changes to the Rights Fee at this
time.
Lhorne on DSK30JT082PROD with NOTICES
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 As of August 10, 2016, the Exchange had 647
issues listed in the First Tier and 985 issues in the
Second Tier.
7 15 U.S.C. 78f(b).
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14:07 Oct 12, 2016
Jkt 241001
6(b)(4) and (5) of the Act,8 in particular,
because it provides for the equitable
allocation of reasonable dues, fees, and
other charges among its members,
issuers and other persons using its
facilities and does not unfairly
discriminate between customers,
issuers, brokers or dealers.
The Exchange believes that the
proposed caps on the LMM Rights Fees
for the First and Second Tier issues are
reasonable, equitable and not unfairly
discriminatory for a number of reasons.
First, all LMMs trading First Tier issues
with similar CADV levels would benefit
from the proposed Rights Fee cap and
have the same incentive to add the
affected issues to their allocation.
Second, the proposed Rights Fees caps
are designed to encourage OTP Firms
acting as LMMs to add lower-volume
issues to their appointments, which
would provide greater opportunities for
OTP Firms to achieve volume incentives
on the Exchange without adding to their
Rights Fees. In turn, the proposed caps
may reduce the overhead costs of OTP
Firms that are most actively trading in
the affected issues, which reduced costs
would enhance the ability of LMMs to
provide liquidity to the benefit of all
market participants. Further, the
Exchange believes that having a broader
range of products available on the
Exchange would benefit all market
participants by increasing liquidity on
the Exchange and offering more
opportunities to trade.
Finally, the Exchange also believes
that proposed caps to the Rights Fees on
the First and Second Tiers are not
unfairly discriminatory because they
apply solely to LMMs (non-LMMs are
not subject to this Fee) and would not
disadvantage Market Makers.
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 would
impose any burden on competition that
is not necessary or appropriate in
furtherance of the purposes of the Act.
The Exchange believes that the
proposed caps on Rights Fees for the
lowest-volume issues would not impose
an unfair burden on competition
because the cap are designed to
encourage more OTP Firms acting as
LMMs to add such issues to their
allocation, which would increase
liquidity and offer more trading
opportunities to market participants.
The Exchange notes that it operates in
a highly competitive market in which
market participants can readily favor
competing venues. In such an
environment, the Exchange must
continually review, and consider
adjusting, its fees and credits to remain
competitive with other exchanges. For
the reasons described above, the
Exchange believes that the proposed
rule change reflects this competitive
environment.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change is effective
upon filing pursuant to Section
19(b)(3)(A) 10 of the Act and
subparagraph (f)(2) of Rule 19b–4 11
thereunder, because it establishes a due,
fee, or other charge imposed by the
Exchange.
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.
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–2016–132 on the subject
line.
10 15
8 15
U.S.C. 78f(b)(4) and (5).
9 15 U.S.C. 78f(b)(8).
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(2).
12 15 U.S.C. 78s(b)(2)(B).
11 17
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13OCN1
Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Notices
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSEArca–2016–132. 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–2016–132, and should be
submitted on or before November 3,
2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Brent J. Fields,
Secretary.
[FR Doc. 2016–24700 Filed 10–12–16; 8:45 am]
Lhorne on DSK30JT082PROD with NOTICES
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–79061; File No. SR–ISE–
2016–23]
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change To Amend a Current Billing
Practice With Respect to Billing
Disputes
October 6, 2016.
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
September 22, 2016, the International
Securities Exchange, LLC (‘‘ISE’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission (‘‘SEC’’ or
‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III, below, which Items have been
prepared by the Exchange. 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 a proposal
to amend a current billing practice with
respect to billing disputes.
The text of the proposed rule change
is available on the Exchange’s Web site
at www.ise.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
Exchange 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 these
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 aspects 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 its
Schedule of Fees to change the
1 15
13 17
CFR 200.30–3(a)(12).
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14:07 Oct 12, 2016
2 17
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U.S.C. 78s(b)(1).
CFR 240.19b–4.
Frm 00058
Fmt 4703
Sfmt 4703
70721
timeframe within which Members must
dispute billing. Today, ISE Members
must submit all disputes no later than
ninety calendar days after receipt of an
Exchange invoice. After ninety calendar
days, all fees assessed by the Exchange
are considered final. The Exchange is
proposing to amend the policy from
ninety to sixty days to submit a dispute.
Today, the NASDAQ PHLX LLC
(‘‘Phlx’’), NASDAQ BX, Inc. (‘‘BX’’) and
The NASDAQ Options Market LLC
(‘‘NOM’’) all have a sixty day timeframe
within which to dispute option
invoices.3
The Exchange provides Members with
both daily and monthly fee reports and
thus believes Members should be aware
of any potential billing errors within
sixty calendar days of receiving an
invoice. Requiring that Members
dispute an invoice within this time
period will encourage them to promptly
review their invoices so that any
disputed charges can be addressed in a
timely manner while the information
and data underlying those charges (e.g.
applicable fees and order information) is
still easily and readily available. This
practice will avoid issues that may arise
when Members do not dispute an
invoice in a timely manner, and will
conserve Exchange resources that would
have to be expended to resolve untimely
billing disputes. The Exchange notes
that this type of provision is common
among many other exchanges, which
require that Members dispute invoices
within sixty days.
Billing disputes must continue to be
submitted to the Exchange in writing,4
and must be accompanied by supporting
documentation. The Exchange believes
that this requirement, which is also
similar to requirements of other
exchanges,5 will further streamline the
billing dispute process.
The Exchange believes that this
practice will conserve Exchange
resources which are expended when
untimely billing disputes require staff to
research applicable fees and order
information beyond two months after
the transaction occurred. Further, this
proposal would provide a cost savings
to the Exchange in that it would
alleviate administrative processes
related to the untimely review of billing
disputes which divert staff resources
away from the Exchange’s regulatory
and business purposes.
The Exchange is also adding the word
‘‘calendar’’ before days to specifically
3 See Phlx’s Pricing Schedule. See also NOM and
BX Rules at Chapter XV, Section 7.
4 The Exchange invoice specifies contact
information for billing inquiries.
5 See note 3 above.
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Agencies
[Federal Register Volume 81, Number 198 (Thursday, October 13, 2016)]
[Notices]
[Pages 70719-70721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24700]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-79063; File No. SR-NYSEArca-2016-132]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending the NYSE
Arca Options Fee Schedule
October 6, 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 September 23, 2016, 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''). The Exchange proposes to implement the fee change
effective October 1, 2016. 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 cap the Lead Market Maker (``LMM'') Rights
Fees (``Rights Fee'') charged for lower-volume issues to encourage OTP
Firms acting as LMMs to add more such issues to their allocation. The
Exchange proposes to implement the fee change effective October 1,
2016.
The LMM Rights Fee is charged ``on a per issue basis to the OTP
Firm acting as LMM in the issue.'' \4\ Currently, the Exchange charges
a Rights Fee on each issue in a LMM's allocation, with rates based on
the Average National Daily Customer Contracts (``CADV''). The monthly
Rights Fee ranges from $25 per month to $3,000 per month. Under the
current Fee Schedule, the more active an issue is, the higher the
Rights Fee, as set forth below:
---------------------------------------------------------------------------
\4\ See Fee Schedule, Endnote 2, available here,https://www.nyse.com/publicdocs/nyse/markets/arca-options/NYSE_Arca_Options_Fee_Schedule.pdf.
------------------------------------------------------------------------
Monthly issue
Average national daily customer contracts fee
------------------------------------------------------------------------
0 to 100................................................ $25
101 to 1,000............................................ 35
1,001 to 2,000.......................................... 75
2,001 to 5,000.......................................... 200
5,001 to 15,000......................................... 750
15,001 to 100,000....................................... 1,500
Over 100,000............................................ 3,000
------------------------------------------------------------------------
Earlier this year, the Exchange introduced an LMM Rights Fee
Discount applicable to each issue in an LMM's appointment with a CADV
above 5,000 based on the amount of monthly (i) total electronic volume
and/or (ii) total posted volume executed by an LMM in the Market Maker
range relative to other Marker Makers appointed in that issue (the
``Discount'').\5\ This Discount was designed to incent LMMs that
already transact a significant amount of business on the Exchange and
trade competitively in their issues to increase their trading and
achieve one of the Discounts as well as to incent LMMs to apply for new
issue allocation. The Exchange now proposes a modification to its Fee
schedule that is designed to encourage LMMs to add lower-volume issues
to their appointments.
---------------------------------------------------------------------------
\5\ See Securities and Exchange Act Release No. 77885 (May 23,
2016), 81 FR 33716 (May 23 [sic], 2016) (SR-NYSEArca-2016-75).
---------------------------------------------------------------------------
Specifically, the Exchange proposes to cap at 50 issues the Rights
Fee it charges OTP Firms for issues with a CADV of 0 to 100 contracts
(``First Tier''). The
[[Page 70720]]
Exchange would not charge for any First Tier issues in the LMM's
allocation that exceed 50 issues. The Exchange also proposes to cap at
100 issues the Rights Fee it charges for issues with a CADV of 101 to
1000 (``Second Tier''). The Exchange would not charge for any Second
Tier issues in the LMM's allocation that exceed 100 issues. The
practical impact of this cap is that the maximum LMM Rights Fee charged
to an OTP Firm for issues trading in the First Tier would be $1,250
(i.e., $25 x 50) and the maximum Rights Fee charged to an OTP Firm for
issues trading in the Second Tier would be $3,500 (i.e., $35 x 100).
For example, an OTP Firm acting as an LMM with 55 issues that trade in
the First Tier, and another 130 that trade in the Second Tier, would be
charged an LMM Rights fee of $4,750 ($1,250 (the max charged for First
Tier issues) plus $3,500 (the max charged for Second Tier issues).
The Exchange is setting the caps at different amounts for the First
and Second Tiers because of the difference in the universe of available
issues in each of these Tiers. The Exchange proposes a higher issue cap
for options trading in the Second Tiers because there are more issues
available in this Tier than in the First Tier and these issues are also
more desirable because they trade more.\6\
---------------------------------------------------------------------------
\6\ As of August 10, 2016, the Exchange had 647 issues listed in
the First Tier and 985 issues in the Second Tier.
---------------------------------------------------------------------------
The Exchange believes that the proposed caps to the LMM Rights Fee
would increase interest of OTP Firms acting as LMMs in adding to their
allocation issues in the First and Second Tiers.
The Exchange notes that the proposed caps to the Rights Fees would
not hinder an LMM's ability to achieve any of the existing discounts
applicable to the Rights Fees; rather, to the extent that the caps
encourage an OTP Firm acting as an LMM to increase the number of issues
in its allocation, the proposal may increase an LMM's chances of
achieving existing discounts (i.e., to achieve the 50% discount on the
Rights Fee an LMM needs to trade 10,000 electronic contracts ADV in its
appointment).
The Exchange is not proposing any other changes to the Rights Fee
at this time.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\7\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\8\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------
The Exchange believes that the proposed caps on the LMM Rights Fees
for the First and Second Tier issues are reasonable, equitable and not
unfairly discriminatory for a number of reasons. First, all LMMs
trading First Tier issues with similar CADV levels would benefit from
the proposed Rights Fee cap and have the same incentive to add the
affected issues to their allocation. Second, the proposed Rights Fees
caps are designed to encourage OTP Firms acting as LMMs to add lower-
volume issues to their appointments, which would provide greater
opportunities for OTP Firms to achieve volume incentives on the
Exchange without adding to their Rights Fees. In turn, the proposed
caps may reduce the overhead costs of OTP Firms that are most actively
trading in the affected issues, which reduced costs would enhance the
ability of LMMs to provide liquidity to the benefit of all market
participants. Further, the Exchange believes that having a broader
range of products available on the Exchange would benefit all market
participants by increasing liquidity on the Exchange and offering more
opportunities to trade.
Finally, the Exchange also believes that proposed caps to the
Rights Fees on the First and Second Tiers are not unfairly
discriminatory because they apply solely to LMMs (non-LMMs are not
subject to this Fee) and would not disadvantage Market Makers.
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 would impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The Exchange believes that the proposed caps on
Rights Fees for the lowest-volume issues would not impose an unfair
burden on competition because the cap are designed to encourage more
OTP Firms acting as LMMs to add such issues to their allocation, which
would increase liquidity and offer more trading opportunities to market
participants.
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\9\ 15 U.S.C. 78f(b)(8).
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The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues. In
such an environment, the Exchange must continually review, and consider
adjusting, its fees and credits to remain competitive with other
exchanges. For the reasons described above, the Exchange believes that
the proposed rule change reflects this competitive environment.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were solicited or received with respect to the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \10\ of the Act and subparagraph (f)(2) of Rule
19b-4 \11\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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\10\ 15 U.S.C. 78s(b)(3)(A).
\11\ 17 CFR 240.19b-4(f)(2).
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At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \12\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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\12\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-NYSEArca-2016-132 on the subject line.
[[Page 70721]]
Paper Comments
Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSEArca-2016-132. 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-2016-132, and
should be submitted on or before November 3, 2016.
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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Brent J. Fields,
Secretary.
[FR Doc. 2016-24700 Filed 10-12-16; 8:45 am]
BILLING CODE 8011-01-P