Self-Regulatory Organizations; NYSE National, Inc.; Notice of Designation of Longer Period for Commission Action on Proposed Rule Change To Amend the Rule 6.6800 Series, the Exchange's Compliance Rule Regarding the National Market System Plan Governing the Consolidated Audit Trail, 14249-14250 [2020-04910]
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Federal Register / Vol. 85, No. 48 / Wednesday, March 11, 2020 / Notices
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[FR Doc. 2020–04975 Filed 3–9–20; 11:15 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
lotter on DSKBCFDHB2PROD with NOTICES
Proposed Collection; Comment
Request
Upon Written Request Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736.
Extension: Form 5
SEC File No. 270–323, OMB Control No.
3235–0362.
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Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit this existing collection
of information to the Office of
Management and Budget for extension
and approval.
Under Section 16(a) of the Securities
Exchange Act of 1934 (‘‘Exchange Act’’)
(15 U.S.C. 78a et seq.) every person who
is directly or indirectly the beneficial
owner of more than 10 percent of any
class of any equity security (other than
an exempted security) which registered
pursuant to Section 12 of the Exchange
Act, or who is a director or an officer of
the issuer of such security (collectively
‘‘reporting persons’’), must file
statements setting forth their security
holdings in the issuer with the
Commission. Form 5 (17 CFR 249.105)
is an annual statement of beneficial
ownership of securities. Approximately
3,904 reporting persons file Form 5
annually and we estimate that it takes
approximately one hour to prepare the
form for a total of 3,904 annual burden
hours.
Written comments are invited on: (a)
Whether this proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden imposed by the collection
of information; (c) ways to enhance the
quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology. Consideration will be given
to comments and suggestions submitted
in writing within 60 days of this
publication.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid
control number.
Please direct your written comment to
David Bottom, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o Cynthia
Roscoe, 100 F Street NE, Washington,
DC 20549 or send an email to: PRA_
Mailbox@sec.gov.
Dated: March 6, 2020.
J. Matthew DeLesDernier,
Assistant Secretary.
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–88332; File No. SR–
NYSENAT–2020–01]
Self-Regulatory Organizations; NYSE
National, Inc.; Notice of Designation of
Longer Period for Commission Action
on Proposed Rule Change To Amend
the Rule 6.6800 Series, the Exchange’s
Compliance Rule Regarding the
National Market System Plan
Governing the Consolidated Audit Trail
March 5, 2020.
On January 3, 2020, NYSE National,
Inc. (‘‘NYSE National’’ or ‘‘Exchange’’)
filed with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’),1 and
Rule 19b–4 thereunder,2 a proposed rule
change to amend the Exchange’s
compliance rule regarding the National
Market System Plan Governing the
Consolidated Audit Trail. The proposed
rule change was published for comment
in the Federal Register on January 23,
2020.3 The Commission has received no
comment letters on the proposed rule
change.
Section 19(b)(2) of the Act 4 provides
that within 45 days of the publication of
notice of the filing of a proposed rule
change, or within such longer period up
to 90 days as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or as to which the
self-regulatory organization consents,
the Commission shall either approve the
proposed rule change, disapprove the
proposed rule change, or institute
proceedings to determine whether the
proposed rule change should be
disapproved. The 45th day for this filing
is March 8, 2020.
The Commission is extending the 45day time period for Commission action
on the proposed rule change. The
Commission finds that it is appropriate
to designate a longer period within
which to take action on the proposed
rule change so that it has sufficient time
to consider the proposed rule change.
Accordingly, pursuant to Section
19(b)(2)(A)(ii)(I) of the Act 5 and for the
reasons stated above, the Commission
designates April 22, 2020, as the date by
which the Commission shall either
approve, disapprove, or institute
proceedings to determine whether to
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 87986
(January 16, 2020), 85 FR 3974.
4 15 U.S.C. 78s(b)(2).
5 15 U.S.C. 78s(b)(2)(A)(ii)(I).
2 17
[FR Doc. 2020–04943 Filed 3–10–20; 8:45 am]
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Federal Register / Vol. 85, No. 48 / Wednesday, March 11, 2020 / Notices
disapprove, the proposed rule change
(File No. SR–NYSENAT–2020–01).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.6
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020–04910 Filed 3–10–20; 8:45 am]
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–88328 File No. SR–
CboeEDGX–2020–011]
Self-Regulatory Organizations; Cboe
EDGX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change To Amend its
Fee Schedule
March 5, 2020.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on March 2,
2020, Cboe EDGX Exchange, Inc. (the
‘‘Exchange’’) filed with the Securities
and Exchange Commission (the
‘‘Commission’’) the proposed rule
change as described in Items I and II
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.
lotter on DSKBCFDHB2PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
Cboe EDGX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘EDGX’’ or ‘‘EDGX
Equities’’) is filing with the Securities
and Exchange Commission
(‘‘Commission’’) a proposed rule change
to amend its fee schedule. The text of
the proposed rule change is provided in
Exhibit 5.
The text of the proposed rule change
is also available on the Exchange’s
website (https://markets.cboe.com/us/
options/regulation/rule_filings/edgx/),
at the Exchange’s Office of the
Secretary, 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
6 17
CFR 200.30–3(a)(31).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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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.
1. Purpose
The Exchange proposes to amend its
fee schedule in connection with its
standard removing liquidity fees. The
Exchange proposes to implement the
proposed change to its fee schedule on
March 2, 2020.
The Exchange first notes that it
operates in a highly-competitive market
in which market participants can
readily direct order flow to competing
venues if they deem fee levels at a
particular venue to be excessive or
incentives to be insufficient. More
specifically, the Exchange is only one of
13 registered equities exchanges, as well
as a number of alternative trading
systems and other off-exchange venues
that do not have similar self-regulatory
responsibilities under the Exchange Act,
to which market participants may direct
their order flow. Based on publicly
available information,3 no single
registered equities exchange has more
than 17% of the market share. Thus, in
such a low-concentrated and highly
competitive market, no single equities
exchange possesses significant pricing
power in the execution of order flow.
The Exchange in particular operates a
‘‘Maker-Taker’’ model whereby it pays
credits to members that add liquidity
and assesses fees to those that remove
liquidity. The Exchange’s fee schedule
sets forth the standard rebates and rates
applied per share for orders that provide
and remove liquidity, respectively.
Particularly, for securities at or above
$1.00, the Exchange provides a standard
rebate of $0.00170 per share for orders
that add liquidity and assesses a fee of
$0.00265 per share for orders that
remove liquidity. The Exchange believes
that the ever-shifting market share
among the exchanges from month to
month demonstrates that market
participants can shift order flow, or
discontinue or reduce use of certain
categories of products, in response to fee
changes. Accordingly, competitive
3 See
Cboe Global Markets, U.S. Equities Market
Volume Summary (February 21, 2020), available at
https://markets.cboe.com/us/equities/market_
statistics/. This market share percentage is based on
a Month-to-Date volume summary.
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forces constrain the Exchange’s
transaction fees, and market participants
can readily trade on competing venues
if they deem pricing levels at those
other venues to be more favorable.
As stated above, the Exchange
currently provides a standard fee of
$0.00265 per share for liquidity
removing orders (i.e., those yielding fee
codes N, W, 6, BB, and ZR) in securities
priced at or above $1.00. Orders in
securities priced below $1.00 that
remove liquidity are assessed a fee of
0.30% of the dollar value. The Exchange
now proposes to increase the current
standard fee of $0.00265 per share to
$0.00270 per share for orders that
remove liquidity for securities priced at
or above $1.00. Orders that remove
liquidity in securities priced below
$1.00 would continue to be assessed a
fee of 0.30% of the dollar value.
Although this proposed standard fee for
liquidity removing orders is higher than
the current base rate for such orders, the
proposed fee is in line with similar fees
for liquidity removing orders in place
on other exchanges.4
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6 of the Act,5 in general, and
furthers the requirements of Section
6(b)(4),6 in particular, as it is designed
to provide for the equitable allocation of
reasonable dues, fees and other charges
among its facilities and does not
unfairly discriminate between
customers, issuers, brokers or dealers.
The Exchange operates in a highlycompetitive market in which market
participants can readily direct order
flow to competing venues if they deem
fee levels at a particular venue to be
excessive or incentives to be
insufficient.
In particular, the Exchange believes
that the proposed amendment is
reasonable, equitable and nondiscriminatory because the proposed
change represents a modest fee increase
and such fee is equally applicable to all
liquidity removing orders and thus is
also equally applicable to all Members
of the Exchange. Additionally, as noted
above, the Exchange operates in highly
competitive market. The Exchange is
only one of several equity venues to
which market participants may direct
their order flow, and it represents a
small percentage of the overall market.
Moreover, the proposed standard fee for
4 E.g., the Nasdaq base fee rate of $0.0030 for
liquidity removing orders in securities priced at or
above $1.00. See https://www.nasdaqtrader.com/
Trader.aspx?id=PriceListTrading2.
5 15 U.S.C. 78f.
6 15 U.S.C. 78(b)(4).
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Agencies
[Federal Register Volume 85, Number 48 (Wednesday, March 11, 2020)]
[Notices]
[Pages 14249-14250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04910]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-88332; File No. SR-NYSENAT-2020-01]
Self-Regulatory Organizations; NYSE National, Inc.; Notice of
Designation of Longer Period for Commission Action on Proposed Rule
Change To Amend the Rule 6.6800 Series, the Exchange's Compliance Rule
Regarding the National Market System Plan Governing the Consolidated
Audit Trail
March 5, 2020.
On January 3, 2020, NYSE National, Inc. (``NYSE National'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend the Exchange's compliance rule regarding
the National Market System Plan Governing the Consolidated Audit Trail.
The proposed rule change was published for comment in the Federal
Register on January 23, 2020.\3\ The Commission has received no comment
letters on the proposed rule change.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release No. 87986 (January 16,
2020), 85 FR 3974.
---------------------------------------------------------------------------
Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day for this filing is March 8, 2020.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------
The Commission is extending the 45-day time period for Commission
action on the proposed rule change. The Commission finds that it is
appropriate to designate a longer period within which to take action on
the proposed rule change so that it has sufficient time to consider the
proposed rule change.
Accordingly, pursuant to Section 19(b)(2)(A)(ii)(I) of the Act \5\
and for the reasons stated above, the Commission designates April 22,
2020, as the date by which the Commission shall either approve,
disapprove, or institute proceedings to determine whether to
[[Page 14250]]
disapprove, the proposed rule change (File No. SR-NYSENAT-2020-01).
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78s(b)(2)(A)(ii)(I).
\6\ 17 CFR 200.30-3(a)(31).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-04910 Filed 3-10-20; 8:45 am]
BILLING CODE 8011-01-P