Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend its Price List, 30743-30751 [2020-10817]
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Federal Register / Vol. 85, No. 98 / Wednesday, May 20, 2020 / Notices
approval of this information collection.
They will also become a matter of
public record.
Lori Parker,
NASA PRA Clearance Officer.
[FR Doc. 2020–10874 Filed 5–19–20; 8:45 am]
BILLING CODE 7510–13–P
NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
National Endowment for the Arts
Arts Advisory Panel Meetings
National Endowment for the
Arts, National Foundation on the Arts
and the Humanities.
ACTION: Notice of meetings.
AGENCY:
Pursuant to the Federal
Advisory Committee Act, as amended,
notice is hereby given that 22 meetings
of the Arts Advisory Panel to the
National Council on the Arts will be
held by teleconference.
DATES: See the SUPPLEMENTARY
INFORMATION section for individual
meeting times and dates. All meetings
are Eastern time and ending times are
approximate:
ADDRESSES: National Endowment for the
Arts, Constitution Center, 400 7th St.
SW, Washington, DC 20506.
FOR FURTHER INFORMATION CONTACT:
Further information with reference to
these meetings can be obtained from Ms.
Sherry P. Hale, Office of Guidelines &
Panel Operations, National Endowment
for the Arts, Washington, DC 20506;
hales@arts.gov, or call 202/682–5696.
SUPPLEMENTARY INFORMATION: The
closed portions of meetings are for the
purpose of Panel review, discussion,
evaluation, and recommendations on
financial assistance under the National
Foundation on the Arts and the
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including information given in
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with the determination of the Chairman
of September 10, 2019, these sessions
will be closed to the public pursuant to
subsection (c)(6) of section 552b of title
5, United States Code.
SUMMARY:
The Upcoming Meetings Are
CARES Act (review of applications):
This meeting will be closed.
Date and time: June 10, 2020; 2:00
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Date and time: June 12, 2020; 2:00
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Date and time: June 16, 2020; 2:00
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Music (review of applications): This
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Date and time: June 22, 2020; 3:00
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Date and time: June 23, 2020; 1:30
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Date and time: June 23, 2020; 3:00
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closed.
Date and time: June 23, 2020; 1:00
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Date and time: June 23, 2020; 4:00
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Date and time: June 24, 2020; 11:30
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meeting will be closed.
Date and time: June 24, 2020; 2:30
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Music (review of applications): This
meeting will be closed.
Date and time: June 24, 2020; 12:00
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Media (review of applications): This
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Opera (review of applications): This
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Date and time: June 29, 2020; 3:00
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Arts Education (review of
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Date and time: June 30, 2020; 1:30
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meeting will be closed.
Date and time: June 30, 2020; 1:00
p.m. to 3:00 p.m.
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Theater (review of applications): This
meeting will be closed.
Date and time: June 30, 2020; 4:00
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This meeting will be closed.
Date and time: June 30, 2020; 11:30
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Research (review of applications):
This meeting will be closed.
Date and time: June 30, 2020; 2:30
p.m. to 4:30 p.m.
Dated: May 15, 2020.
Sherry P. Hale,
Staff Assistant, National Endowment for the
Arts.
[FR Doc. 2020–10879 Filed 5–19–20; 8:45 am]
BILLING CODE 7537–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–88874; File No. SR–NYSE–
2020–39]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend its
Price List
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 May 1,
2020, New York Stock Exchange LLC
(‘‘NYSE’’ or the ‘‘Exchange’’) 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 its
Price List to (1) revise the adding
average daily volume (‘‘ADV’’)
requirement for the second way to
qualify for the Tier 3 Adding Credit; (2)
adopt a new Step Up Tier 3 Adding
Credit; (3) adopt a new Incremental
Rebate Per Share for Designated Market
Makers (‘‘DMM’’) in most active
securities; (4) revise the adding liquidity
requirement in Tape B and C securities
for the Supplemental Liquidity Provider
(‘‘SLP’’) Tape A adding tiers; and (5)
extend the waiver of equipment and
1 15
U.S.C.78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
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related service charges and trading
license fees for NYSE Trading Floorbased member organizations to May
2020 in connection with the temporary
closing of the Trading Floor. The
proposed rule change is available on the
Exchange’s website 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 its
Price List to (1) revise the ADV
requirement for the second way to
qualify for the Tier 3 Adding Credit; (2)
adopt a new Step Up Tier 3 Adding
Credit; (3) adopt a new Incremental
Rebate Per Share for DMMs in most
active securities; (4) revise the adding
liquidity requirement in Tape B and C
securities for the SLP Tape A adding
tiers; and (5) extend the waiver of
equipment and related service charges
and trading license fees for NYSE
Trading Floor-based member
organizations to May 2020 in
connection with the temporary closing
of the Trading Floor.
The proposed changes respond to the
current competitive environment where
order flow providers have a choice of
where to direct liquidity-providing
orders by offering further incentives for
member organizations to send
additional displayed liquidity to the
Exchange. The proposed changes also
respond to the current volatile market
environment that has resulted in
unprecedented average daily volumes
and the temporary closure of the
Trading Floor, which are both related to
the ongoing spread of the novel
coronavirus (‘‘COVID–19’’).
The Exchange proposes to implement
the fee changes effective May 1, 2020.
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Current Market and Competitive
Environment
The Exchange operates in a highly
competitive market. The Commission
has repeatedly expressed its preference
for competition over regulatory
intervention in determining prices,
products, and services in the securities
markets. In Regulation NMS, the
Commission highlighted the importance
of market forces in determining prices
and SRO revenues and, also, recognized
that current regulation of the market
system ‘‘has been remarkably successful
in promoting market competition in its
broader forms that are most important to
investors and listed companies.’’ 4
As the Commission itself recognized,
the market for trading services in NMS
stocks has become ‘‘more fragmented
and competitive.’’ 5 Indeed, equity
trading is currently dispersed across 13
exchanges,6 31 alternative trading
systems,7 and numerous broker-dealer
internalizers and wholesalers, all
competing for order flow. Based on
publicly-available information, no
single exchange has more than 20%
market share (whether including or
excluding auction volume).8 Therefore,
no exchange possesses significant
pricing power in the execution of equity
order flow. More specifically, the
Exchange’s market share of trading in
Tape A, B and C securities combined is
less than 13%.
The Exchange believes that the evershifting market share among the
exchanges from month to month
demonstrates that market participants
can move order flow, or discontinue or
reduce use of certain categories of
products, in response to fee changes.
With respect to non-marketable order
flow that would provide displayed
liquidity on an Exchange, member
organizations can choose from any one
of the 13 currently operating registered
exchanges to route such order flow.
Accordingly, competitive forces
constrain exchange transaction fees that
4 See Securities Exchange Act Release No. 51808
(June 9, 2005), 70 FR 37495, 37499 (June 29, 2005)
(S7–10–04) (Final Rule) (‘‘Regulation NMS’’).
5 See Securities Exchange Act Release No. 51808,
84 FR 5202, 5253 (February 20, 2019) (File No. S7–
05–18) (Transaction Fee Pilot for NMS Stocks Final
Rule) (‘‘Transaction Fee Pilot’’).
6 See Cboe Global Markets, U.S. Equities Market
Volume Summary, available at https://
markets.cboe.com/us/equities/market_share/. See
generally https://www.sec.gov/fast-answers/
divisionsmarketregmrexchangesshtml.html.
7 See FINRA ATS Transparency Data, available at
https://otctransparency.finra.org/otctransparency/
AtsIssueData. A list of alternative trading systems
registered with the Commission is available at
https://www.sec.gov/foia/docs/atslist.htm.
8 See Cboe Global Markets U.S. Equities Market
Volume Summary, available at https://
markets.cboe.com/us/equities/market_share/.
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relate to orders that would provide
liquidity on an exchange.
In response to the competitive
environment described above, the
Exchange has established incentives for
its member organizations who submit
orders that provide and remove
liquidity on the Exchange, including
cross-tape incentives for member
organizations and SLPs based on
submission of orders that provide
displayed and non-displayed liquidity
in Tapes B and C securities. The
proposed fee change is designed to
attract additional order flow to the
Exchange by:
• Lowering the adding ADV
requirement for the second way to
qualify for Tier 3 Adding Credit;
• offering a new pricing tier to
incentivize member organizations to
step up their liquidity-providing orders
on the Exchange;
• offering an incremental rebate per
share for DMMs in more active
securities; and
• lowering the adding liquidity
requirement in Tape B and C securities
for the SLP Tape A adding tiers.
Moreover, beginning on March 16,
2020, in order to slow the spread of
COVID–19 through social distancing
measures, significant limitations were
placed on large gatherings throughout
the country. As a result, on March 18,
2020, the Exchange determined that
beginning March 23, 2020, the physical
Trading Floor facilities located at 11
Wall Street in New York City would
close and that the Exchange would
move, on a temporary basis, to fully
electronic trading.9 The proposed rule
change responds to these unprecedented
events by extending the waiver of
equipment and related service charges
and trading license fees for NYSE
Trading Floor-based member
organizations for May 2020 in
connection with the temporary closing
of the Trading Floor. The proposed
DMM incremental credit is also
designed to incentivize DMM to
increase their added liquidity on the
Exchange during periods of high market
volumes.
Proposed Rule Change
Tier 3 Adding Credit Adding ADV
Requirement
Under current Tier 3, a member
organization that adds liquidity to the
Exchange in securities with a share
price of $1.00 or more would be entitled
to a per share credit of $0.0018 if the
9 See Press Release, dated March 18, 2020,
available here: https://ir.theice.com/press/pressreleases/allcategories/2020/03-18-2020-204202110.
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criteria in A or B are satisfied, as
follows:
A
(i) The member organization has an
Adding ADV equal to at least 0.40% of
NYSE CADV,10 and
(ii) The member organization executes
market at-the-close (‘‘MOC’’) and limit
at-the-close (‘‘LOC’’) orders equal to at
least 0.05% of NYSE CADV.
B
(i) The member organization has an
Adding ADV equal to at least 0.35% of
NYSE CADV,
(ii) The member organization executes
MOC and LOC orders equal to at least
0.05% of NYSE CADV, and
(iii) The member organization has an
Adding ADV in MPL orders of at least
200,000 shares.
The Exchange proposes to reduce the
adding ADV requirement in the second
of the two alternative methods
described above to qualify for the credit
by requiring member organization to
have an Adding ADV equal to at least
0.30% of NYSE CADV. As proposed, the
first method to qualify for the credit and
the amount of the credit would remain
unchanged.
The purpose of the proposed change
is to increase the incentive for order
flow providers to send liquidityproviding orders to the Exchange. As
described above, member organizations
with liquidity-providing orders have a
choice of where to send those orders.
The Exchange believes that by reducing
the Adding ADV requirement to qualify
for a tiered credit, more member
organizations will choose to route their
liquidity-providing orders to the
Exchange to qualify for the credit. The
Exchange cannot predict with certainty
how many member organizations would
avail themselves of this opportunity, but
believes that at least three member
organizations could qualify for the tier.
Additional liquidity-providing orders
benefits all market participants because
it provides greater execution
opportunities on the Exchange.
Step Up Tier 3 Adding Credit
The Exchange proposes to adopt a
‘‘Step Up Tier 3 Adding Credit’’ that
would offer a credit to member
organizations providing displayed
liquidity to the Exchange in Tape A
securities.
As proposed, a member organization
that
• sends orders, except Mid-Point
Liquidity Orders (‘‘MPL’’) and Non10 The terms ‘‘ADV’’ and ‘‘CADV’’ are defined in
footnote * of the Price List.
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Displayed Limit Orders, that add
liquidity to the NYSE in Tape A
securities, and
• that has Adding ADV, excluding
any liquidity added by a DMM, that is
at least 0.05% of NYSE CADV over that
member organization’s Fourth Quarter
2019 adding liquidity taken as a
percentage of NYSE CADV (the
‘‘Baseline Tape A Share’’)
would receive a credit of $0.0015 for
adding liquidity, except MPL and NonDisplayed Limit Orders, if the increase
in Adding ADV over the Baseline Tape
A Share is at least 0.05% and less than
0.10%. If the increase in Adding ADV
over the Baseline Tape A Share is at
least 0.10% or more, a member
organization meeting the above
requirements would receive a credit of
$0.0018 for adding liquidity, except
MPL and Non-Displayed Limit Orders.
In addition, member organizations
that meet these requirements and
qualify for the $0.0015 or $0.0018 credit
in Tape A securities would be eligible
to receive an additional $0.0001 per
share for adding liquidity in Tape A
securities if trades in Tapes B and C
securities against the member
organization’s orders that add liquidity,
excluding orders as an SLP, equal to at
least 0.20% of Tape B and Tape C CADV
combined.
For example, Member Organization A
averages an Adding ADV in Tape A
securities of 3.5 million shares in the
Fourth Quarter of 2019 where the NYSE
CADV was 3.5 billion shares. Member
Organization A’s adding percentage of
NYSE CADV for the Fourth Quarter
2019 would be 0.10%. In the billing
month, Member Organization A has an
adding ADV of 5.25 million shares
when NYSE CADV was again 3.5 billion
shares. Member Organization A’s adding
percentage of NYSE CADV for that
billing month would thus be of 0.15%.
Since Member Organization A’s Adding
ADV for the billing month was is 0.05%
of NYSE ADV over Member
Organization A’s Fourth Quarter 2019
adding percentage of NYSE CADV,
Member Organizations A qualifies for
the $0.0015 credit. If Member
Organization A had instead had an
Adding ADV of 7 million shares in that
same billing month for an Adding
percent of NYSE CADV of 0.20%, then
Member Organization A would have
instead qualified for the $0.0018 credit.
The purpose of this proposed change
is to incentivize member organizations
to increase the liquidity-providing
orders in the Tape A securities they
send to the Exchange, which would
support the quality of price discovery
on the Exchange and provide additional
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30745
liquidity for incoming orders. As noted
above, the Exchange operates in a
competitive environment, particularly
as it relates to attracting non-marketable
orders, which add liquidity to the
Exchange. Because the proposed tier
requires a member organization to
increase the volume of its trades in
orders that add liquidity over that
member organization’s Fourth Quarter
2019 baseline, the Exchange believes
that the proposed credit would provide
an incentive for all member
organizations to send additional
liquidity to the Exchange in order to
qualify for it. The Exchange does not
know how much order flow member
organizations choose to route to other
exchanges or to off-exchange venues.
There are currently no firms that could
qualify for the proposed Step Up Tier 3
Adding Credit based on their current
trading profile on the Exchange, but the
Exchange believes that at least six
member organizations could qualify for
the tier if they so choose. However,
without having a view of member
organization’s activity on other
exchanges and off-exchange venues, the
Exchange has no way of knowing
whether this proposed rule change
would result in any member
organization directing orders to the
Exchange in order to qualify for the new
tier.
DMM Incremental Rebate per Share for
More Active Securities
The Exchange proposes to adopt an
incremental rebate per share that would
offer an additional per share credit to
DMMs in each eligible assigned More
Active Security with a stock price of at
least $1.00 on current rebates of $0.0034
or less.
As proposed, DMMs would earn an
incremental rebate $0.0002 per share in
each eligible assigned More Active
Security with a stock price of at least
$1.00 where NYSE CADV is equal to or
greater than 4.5 billion shares, when
adding liquidity with orders, other than
MPL Orders, in such securities and the
DMM either:
(1) Has providing liquidity in all
assigned securities as a percentage of
NYSE CADV that is an increase of
0.30% more than the DMM’s April 2020
providing liquidity in all assigned
securities as a percentage of NYSE
CADV, or
(2) has providing liquidity in all
assigned securities as a percentage of
NYSE CADV that is an increase of at
least 40% more than the DMM’s April
2020 providing liquidity in all assigned
securities as a percentage of NYSE
CADV for DMMs with 750 or fewer
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assigned securities in the previous
month.
As noted, the proposed incremental
credit would be payable in addition to
the DMM regular Most Activity Security
credits for those credits up to $0.0034
per share or less, specifically adding
credits of $0.0015, $0.0027, $0.0031,
and $0.0034 per share.
For example, DMM A with more than
750 assigned securities in the billing
month has providing liquidity in those
securities of 35 million shares in April
2020. Assume Tape A was 3.5 billion
shares in April 2020. DMM A would
thus have providing liquidity of 1.00%
of NYSE CADV for April 2020. If DMM
A averages 75 million shares in a month
when NYSE CADV is 5 billion shares,
for a providing liquidity of 1.50%, DMM
A would then qualify for the
incremental rebate of $0.0002 per share
in More Activity Securities with an
increase of 0.50%.
If DMM B had less than 750 assigned
securities in that same billing month
with a providing liquidity of 3.5 million
shares in April 2020, for providing
liquidity of 0.10% of NYSE CADV, then
DMM B would need to increase its
providing liquidity by 40%, or 0.14% of
NYSE CADV, in order to qualify in that
billing month when NYSE CADV was 5
billion shares. If NYSE CADV was
instead 4 billion shares in that billing
month, both DMM A and DMM B would
not be eligible for any incremental
credits.
The purpose of this proposed change
is to incentivize DMM to increase their
added liquidity on the Exchange during
a period of high market volumes, which
would improve quoting and increase
adding liquidity across securities where
there may be more liquidity providers.
The Exchange believes that higher
quoting obligations provide higher
volumes of liquidity, which contributes
to price discovery and benefits all
market participants. As noted above, the
Exchange operates in a competitive
environment, particularly as it relates to
attracting non-marketable orders, which
add liquidity to the Exchange. Because,
as proposed, the first way to qualify for
the proposed credit requires providing
liquidity in all assigned securities as a
percentage of NYSE CADV that is an
increase of 0.30% more than the DMM’s
April 2020 providing liquidity in all
assigned securities as a percentage of
NYSE CADV while the way for DMMs
with less than 750 issues to qualify
requires an increase of at least 40%
more than the DMM’s April 2020
providing liquidity in all assigned
securities as a percentage of NYSE
CADV, the Exchange believes that the
proposed credit would provide an
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incentive for all DMMs to send
additional liquidity to the Exchange in
order to qualify for it.
Moreover, the Exchange believes that
the second way to qualify for the
incremental credit is designed to
provide smaller market makers (i.e.,
DMMs with 750 or fewer assigned
securities in the previous month) with
an added incentive to add liquidity in
their assigned securities in a given
month. A DMM with providing share of
NYSE CADV of 0.10% would otherwise
have to quadruple its providing ADV,
for an increase of 0.30% to 0.40% of
NYSE CADV, in order to qualify for the
incremental credit. As described above,
member organizations have a choice of
where to send order flow. The Exchange
believes that incentivizing DMMs on the
Exchange to add liquidity could
contribute to price discovery and
improve quoting on the Exchange. In
addition, additional liquidity-providing
quotes benefit all market participants
because they provide greater execution
opportunities on the Exchange and
improve the public quotation.
Adding Liquidity Requirement for SLP
Tape A Tiers
The Exchange currently offers tiered
and non-tiered credits in Tape A
securities to SLPs that meet certain
quoting obligations in assigned
securities based upon the total percent
of NYSE CADV executed.
Each of the current adding liquidity
tiers (SLP Tiers 1, 1A, 2, 3, 4, and the
SLP Step Up Tier) offer a cross-tier
incentive. Specifically, in addition to
the credit specified for each tier, SLPs
are eligible for an additional
incremental per share credit 11 in
securities with a per share price of $1.00
that meet the 10% average or more
quoting requirement in an assigned
security pursuant to Rule 107B (quotes
of an SLP-Prop and an SLMM of the
same member organization shall not be
aggregated) where the SLP:
• Meets the applicable tier
requirements, and
• adds liquidity in Tape B and C
securities 12 of at least 0.30% of Tape B
and Tape C CADV combined.
11 The incremental credits are $0.0001 (SLP Tiers
1A, 2, 3 and the SLP Step Up Tier) and $0.00005
(SLP Tier 1 and 4).
12 In SLP Tiers 1, 1A, 2, 3, 4, and the SLP Step
Up Tier, the Price List uses the phrase ‘‘securities
traded pursuant to Unlisted Trading Privileges
(Tapes B and C) on the Pillar Trading Platform.’’
The Exchange proposes the non-substantive change
of replacing that phrase with ‘‘Tape B and C
securities’’ in each place in SLP Tiers 1, 1A, 2, 3,
4, and the SLP Step Up Tier where it appears by
adding ‘‘Tape B and C’’ before ‘‘securities’’ and
deleting each use of ‘‘traded pursuant to Unlisted
Trading Privileges (Tapes B and C) on the Pillar
Trading Platform.’’
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For each cross-tier incentive in SLP
Tiers 1, 1A, 2, 3, 4, and the SLP Step
Up Tier, the Exchange proposes to
require that SLPs add liquidity in Tape
B and C securities of at least 0.25% of
Tape B and Tape C CADV combined.
The other requirements to qualify for
SLP Tiers 1, 1A, 2, 3, 4, and the SLP
Step Up Tier, as well as the associated
credits, would remain unchanged.
The proposed fee change is designed
to attract additional order flow to the
Exchange by making it easier to qualify
for cross-tier incentive in SLP Tiers 1,
1A, 2, 3, 4, and the SLP Step Up Tier
based on adding liquidity to the
Exchange in Tape B and C Securities.
There are currently no SLPs that qualify
for the cross tier incentives based on
their current trading profile on the
Exchange, but the Exchange believes
that at least two more SLPs could
qualify if they so choose. However,
without having a view of SLP’s activity
on other exchanges and off-exchange
venues, the Exchange has no way of
knowing whether this proposed rule
change would result in any SLP
directing orders to the Exchange in
order to qualify for these incentives.
Fee Waivers for Trading Floor-Based
Member Organizations
As noted above, on March 18, 2020,
the Exchange announced that it would
temporarily close the Trading Floor,
effective March 23, 2020, as a
precautionary measure to prevent the
potential spread of COVID–19.
Following the temporary closure of the
Trading Floor, the Exchange waived
certain equipment fees for the booth
telephone system on the Trading Floor
and associated service charges.13
Specifically, the Exchange waived the
Annual Telephone Line Charge of $400
per phone number and the $129 fee for
a single line phone, jack, and data jack.
The Exchange also waived related
service charges, as follows: $161.25 to
install single jack (voice or data);
$107.50 to relocate a jack; $53.75 to
remove a jack; $107.50 to install voice
or data line; $53.75 to disconnect data
line; $53.75 to change a phone line
subscriber; and miscellaneous telephone
charges billed at $106 per hour in 15
minute increments.14 These fees were
waived for (1) member organizations
with at least one trading license, a
physical Trading Floor presence, and
Floor broker executions accounting for
13 See Securities Exchange Act Release No. 88602
(April 8, 2020), 85 FR 20730 (April 14, 2020) (SR–
NYSE–2020–27). See footnote 11 of the Price List.
14 The Service Charges also include an internet
Equipment Monthly Hosting Fee that the Exchange
did not waive for April 2020 and that the Exchange
does not propose to waive for May 2020.
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40% or more of the member
organization’s combined adding, taking,
and auction volumes during March 1 to
March 20, 2020, and (2) member
organizations with at least one trading
license that are Designated Market
Makers with 30 or fewer assigned
securities for the billing month of March
2020.
Because the Trading Floor at 11 Wall
Street remains temporarily closed, the
Exchange proposes to waive these
Trading Floor-based fees for May 2020.
To effectuate this change, the Exchange
proposes to add ‘‘and May’’ between
‘‘April’’ and ‘‘2020’’ in footnote 11 to
the Price List.
The proposed change is designed to
reduce monthly costs for member
organizations with a Trading Floor
presence that are unable to use the
services associated with the fees while
the Trading Floor is temporarily closed.
The Exchange believes that extension of
the fee waiver would ease the financial
burden associated with the temporary
Trading Floor closure.
In order to further reduce costs for
member organizations with a Trading
Floor presence, the Exchange also
waived the April 2020 monthly portion
of all applicable annual fees for (1)
member organizations with at least one
trading license, a physical Trading Floor
presence and Floor broker executions
accounting for 40% or more of the
member organization’s combined
adding, taking, and auction volumes
during March 1 to March 20, 2020, and
(2) member organizations with at least
one trading license that are DMMs with
30 or fewer assigned securities for the
billing month of March 2020.15
The Exchange proposes to also waive
the May 2020 monthly portion of all
applicable annual fees for member
organizations with at least one trading
license, a physical Trading Floor
presence and Floor broker executions
accounting for 40% or more of the
member organization’s combined
adding, taking, and auction volumes
during March 1 to March 20, 2020. The
indicated annual trading license fees
would also be waived for May 2020 for
member organizations with at least one
trading license that are DMMs with 30
or fewer assigned securities for the
billing month of March 2020. To
effectuate this change, the Exchange
proposes to add ‘‘and May’’ between
‘‘April’’ and ‘‘2020’’ in footnote 15.
The proposed changes are not
otherwise intended to address other
issues, and the Exchange is not aware of
any significant problems that market
15 See
note 13, supra. See footnotes 15 of the Price
List.
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Jkt 250001
participants would have in complying
with the proposed changes.
30747
3 Adding Credit would provide an
incentive for member organizations to
send additional liquidity providing
2. Statutory Basis
orders to the Exchange in Tape A
The Exchange believes that the
securities. As noted above, the Exchange
proposed rule change is consistent with operates in a highly competitive
Section 6(b) of the Act,16 in general, and environment, particularly for attracting
furthers the objectives of Sections
non-marketable order flow that provides
6(b)(4) and (5) of the Act,17 in particular, liquidity on an exchange.
The Exchange believes that requiring
because it provides for the equitable
member organizations to have adding
allocation of reasonable dues, fees, and
ADV, excluding any liquidity added by
other charges among its members,
a DMM, that is at least 0.05% of NYSE
issuers and other persons using its
CADV over that member organization’s
facilities and does not unfairly
Fourth Quarter 2019 adding liquidity
discriminate between customers,
taken as a percentage of NYSE CADV in
issuers, brokers or dealers.
order to qualify for the proposed Step
The Proposed Change Is Reasonable
Up Tier 3 Adding Credit is reasonable
As discussed above, the Exchange
because it would encourage additional
operates in a highly fragmented and
displayed liquidity on the Exchange and
competitive market. The Commission
because market participants benefit
from the greater amounts of displayed
has repeatedly expressed its preference
liquidity present on the Exchange.
for competition over regulatory
The Exchange believes that it is
intervention in determining prices,
reasonable to offer a lower credit of
products, and services in the securities
$0.0015 if the increase in adding ADV
markets. Specifically, in Regulation
over that member organization’s Fourth
NMS, the Commission highlighted the
Quarter 2019 adding liquidity taken as
importance of market forces in
a percentage of NYSE CADV is 0.05% or
determining prices and SRO revenues
more up to 0.09%, and to offer a higher
and, also, recognized that current
credit of $0.0018 if the adding ADV
regulation of the market system ‘‘has
increase is 0.10% or more, because it is
been remarkably successful in
reasonably related to the value to the
promoting market competition in its
broader forms that are most important to Exchange’s market quality associated
with higher volume.
investors and listed companies.’’ 18
Finally, the Exchange believes it’s
Tier 3 Adding Credit Adding ADV
reasonable to provide an additional
Requirement
$0.0001 per share for adding liquidity in
Tape A securities for member
The Exchange believes that lowering
organizations meet the proposed tier
the ADV requirement for the second
requirements and qualify for the
way to qualify for the Tier 3 Adding
$0.0015 or $0.0018 credit in Tape A
Credit is reasonable because it would
make it easier for member organizations securities if trades in Tapes B and C
securities against the member
to qualify for the credit, thereby
organization’s orders that add liquidity,
encouraging the submission of
excluding orders as an SLP, equal to at
additional liquidity by more member
least 0.20% of Tape B and Tape C CADV
organizations to a national securities
combined, is reasonable as this same
exchange. Submission of additional
incentive is offered in the NYSE ‘s other
liquidity to the Exchange would
adding tiers (Tier 1–4 Adding Credits).
promote price discovery and
Since the proposed Step Up Tier 3
transparency and enhance order
would
be new with a step up
execution opportunities for member
requirement, no member organization
organizations from the substantial
currently qualifies for the proposed
amounts of liquidity present on the
pricing tier. As previously noted, there
Exchange. All member organizations
are a number of member organizations
would benefit from the greater amounts
that could qualify for the proposed
of liquidity that will be present on the
Exchange, which would provide greater higher credit but without a view of
member organization activity on other
execution opportunities.
exchanges and off-exchange venues, the
Step Up Tier 3 Adding Credit
Exchange has no way of knowing
whether the proposed rule change
The Exchange believes that a new
would result in any member
Step Up Tier 3 Adding Credit is
organization qualifying for the tier. The
reasonable. Specifically, the Exchange
believes that the proposed Step Up Tier Exchange believes the proposed credit is
reasonable as it would provide an
additional incentive for member
16 15 U.S.C. 78f(b).
17 15 U.S.C. 78f(b)(4) & (5).
organizations to direct their order flow
18 See Regulation NMS, 70 FR at 37499.
to the Exchange and provide meaningful
PO 00000
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added levels of liquidity in order to
qualify for the higher credit, thereby
contributing to depth and market
quality on the Exchange.
DMM Incremental Rebate per Share for
More Active Securities
The Exchange believes that the
proposed incremental rebate for DMMs
is a reasonable way to incentivize DMM
to increase their added liquidity on the
Exchange, which would improve
quoting and increase adding liquidity
across securities when market volumes
are high. The Exchange believes that the
incremental rebate will provide
incentives for DMMs to provide higher
volumes of liquidity, which contributes
to price discovery and benefits all
market participants. As noted above, the
Exchange operates in a competitive
environment, particularly as it relates to
attracting non-marketable orders, which
add liquidity to the Exchange. Because,
as proposed, the first way to qualify for
the proposed credit requires providing
liquidity in all assigned securities as a
percentage of NYSE CADV that is an
increase of 0.30% more than the DMM’s
April 2020 providing liquidity in all
assigned securities as a percentage of
NYSE CADV while the second way to
qualify requires an increase of at least
40% more than the DMM’s April 2020
providing liquidity in all assigned
securities as a percentage of NYSE
CADV, the Exchange believes that the
proposed credit would provide an
incentive for DMMs to send additional
liquidity to the Exchange in order to
qualify for it.
Moreover, the Exchange believes that
the second way to qualify for the
incremental credit is designed to
provide smaller market makers (i.e.,
DMMs with 750 or fewer assigned
securities in the previous month) with
an added incentive to add liquidity in
their assigned securities in a given
month is a reasonable means to improve
market quality, attract additional order
flow to a public market, and enhance
execution opportunities for member
organizations on the Exchange, to the
benefit of all market participants. The
Exchange notes that the proposal would
also foster liquidity provision and
stability in the marketplace during
periods of high volumes. The proposal
would also reward DMMs, who have
greater risks and heightened quoting
and other obligations than other market
participants.
Adding Liquidity Requirement for SLP
Tape A Tiers
In addition, lowering the adding
liquidity requirement to 0.25% of Tape
B and Tape C CADV combined in order
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17:51 May 19, 2020
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for member organizations that are SLPs
to qualify for the applicable credit in
SLP Tiers 1, 1A, 2, 3, 4, and the SLP
Step Up Tier is reasonable because it
would provide further incentives for
such member organizations to provide
additional liquidity to a public
exchange in Tape B and C securities to
reach the proposed Adding ADV
requirement, thereby promoting price
discovery and transparency and
enhancing order execution
opportunities for member organizations.
All member organizations would benefit
from the greater amounts of liquidity
that will be present on the Exchange,
which would provide greater execution
opportunities.
The Exchange believes the proposal
would provide an incentive for member
organizations that are SLPs to route
additional liquidity-providing orders to
the Exchange in Tape B and C
securities. As noted above, the Exchange
operates in a highly competitive
environment, particularly for attracting
non-marketable order flow that provides
liquidity on an exchange. Without
having a view of a member
organization’s activity on other markets
and off-exchange venues, the Exchange
believes the proposed additional
requirement to qualify for the SLP
Adding Tier credits would provide an
incentive for member organizations who
are SLPs to submit additional adding
liquidity to the Exchange in Tape B and
C securities. As previously noted, there
are currently no SLPs that qualify for
the cross tier incentives based on their
current trading profile on the Exchange,
but the Exchange believes that at least
2 more SLPs could qualify if they
choose to direct order flow to, and
increase quoting on, the Exchange.
Fee Waivers for Trading Floor-Based
Member Organizations
The proposed extension of the waiver
of equipment and related service fees
and the applicable monthly trading
license fee for Trading Floor-based
member organizations is reasonable in
light of the temporary closure of the
NYSE Trading Floor. Beginning March
2020, markets worldwide have
experienced unprecedented declines
and volatility because of the ongoing
spread of COVID–19 that has also
resulted in the temporary closure of the
NYSE Trading Floor. The proposed
change is designed to reduce costs for
Floor participants for the month of May
2020 that are unable to conduct Floor
operations while the Trading Floor
remains temporarily closed. The
Exchange believes that this fee waiver
would ease the financial burden faced
by member organizations that conduct
PO 00000
Frm 00067
Fmt 4703
Sfmt 4703
business on the Trading Floor and
benefit all such member organizations.
Finally, the Exchange also believes
the proposed non-substantive changes
are reasonable and would not be
inconsistent with the public interest and
the protection of investors because
investors will not be harmed and in fact
would benefit from increased clarity
and transparency on the Price List,
thereby reducing potential confusion.
The Proposal Is an Equitable Allocation
of Fees
The Exchange believes the proposal
equitably allocates its fees among its
market participants by fostering
liquidity provision and stability in the
marketplace.
Tier 3 Adding Credit Adding ADV
Requirement
The Exchange is not proposing to
adjust the amount of the Tier 3 Adding
Credit, which will remain at the current
level for all market participants. Rather,
the proposal to lower the ADV
requirement for the second way to
qualify for the Tier 3 Adding Credit
would continue to encourage more
member organizations to send add
liquidity to the Exchange by making it
more attainable, thereby contributing to
robust levels of liquidity, which benefits
all market participants. As described
above, member organizations with
liquidity-providing orders have a choice
of where to send those orders. The
Exchange believes that, for the reasons
discussed above, lowering the Adding
ADV requirement to qualify for a tiered
credit, would make it easier for
additional liquidity providers to qualify
for the Tier 3 Adding Credit, thereby
encouraging submission of additional
liquidity to the Exchange. The proposed
change will thereby encourage the
submission of additional liquidity to a
national securities exchange, thus
promoting price discovery and
transparency and enhancing order
execution opportunities for member
organizations from the substantial
amounts of liquidity present on the
Exchange. All member organizations
would benefit from the greater amounts
of liquidity that will be present on the
Exchange, which would provide greater
execution opportunities.
Step Up Tier 3 Adding Credit
The Exchange believes that the
proposed Step Up Tier 3 is equitable
because the magnitude of the additional
credit is less than the current Step Up
Tier 2 credit in Tape A securities.
Moreover, the proposed credits are not
unreasonable relative with the other
non-SLP adding tier credits, which as
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range from $0.0015 to $0.0029, in
comparison to the credits paid by other
exchanges for orders that provide
additional step up liquidity.19 The
Exchange believes the proposed rule
change would improve market quality
for all market participants on the
Exchange and, as a consequence, attract
more liquidity to the Exchange, thereby
improving market wide quality and
price discovery.
Since the proposed Step Up Tier 3
would be new and includes a step up
Adding ADV requirement, no member
organization currently qualifies for it.
As noted, there are currently a number
of member organizations that could
qualify for the proposed tier, but
without a view of member organization
activity on other exchanges and offexchange venues, the Exchange has no
way of knowing whether this proposed
rule change would result in any member
organization qualifying for the tier. The
Exchange believes the proposed credit is
reasonable as it would provide an
additional incentive for member
organizations to direct their order flow
to the Exchange and provide meaningful
added levels of liquidity in order to
qualify for the higher credit, thereby
contributing to depth and market
quality on the Exchange. The proposal
neither targets nor will it have a
disparate impact on any particular
category of market participant. All
member organizations that provide
liquidity could be eligible to qualify for
the credit proposed in Step Up Tier 3
if they increase their Adding ADV over
their own baseline of order flow. The
Exchange believes that offering a step
up credit for providing liquidity if the
step up requirements for Tape A
securities are met will continue to
attract order flow and liquidity to the
Exchange, thereby providing additional
price improvement opportunities on the
Exchange and benefiting investors
generally. As to those market
participants that do not presently
qualify for the adding liquidity credits,
the proposal will not adversely impact
their existing pricing or their ability to
qualify for other credits provided by the
Exchange.
DMM Incremental Rebate per Share for
More Active Securities
The Exchange believes that the
proposed incremental rebate to DMMs is
an equitable allocation of fees because it
would reward DMMs for their increased
risks and heightened quoting and other
19 See Cboe BZX Fee Schedule, which has adding
credits ranging from $0.0025 to $0.0032, at https://
markets.cboe.com/us/equities/membership/fee_
schedule/bzx/.
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17:51 May 19, 2020
Jkt 250001
obligations. As such, it is equitable to
offer DMMs an incremental rebate for
increased adding liquidity in addition to
current rates of $0.0034 or less. The
proposed rule change is also equitable
because it would apply equally to all
existing and potential DMM firms.
The Exchange notes that all five DMM
firms could qualify for the proposed
incremental rebate. The Exchange
believes that the proposal would
provide an equal incentive to all DMMs
to add liquidity in more active
securities, and that the proposal
constitutes an equitable allocation of
fees because all similarly situated
DMMs would be eligible for the same
incremental rebate.
Adding Liquidity Requirement for SLP
Tape A Tiers
The Exchange believes that lowering
the adding liquidity requirement in
order for member organizations that are
SLPs to qualify for the applicable credit
in SLP Tiers 1, 1A, 2, 3, 4, and the SLP
Step Up Tier equitably allocates its fees
among its market participants. The
Exchange is not proposing to adjust the
amount of any of the SLP Adding Tier
credits, which will remain at current
levels for all market participants. For
the reasons discussed above, the
Exchange believes that the proposed
change to the SLP Adding Tier
requirements would encourage the SLPs
to add liquidity to the market in Tape
B and C securities, thereby providing
customers with a higher quality venue
for price discovery, liquidity,
competitive quotes and price
improvement. The proposed change will
thereby encourage the submission of
additional liquidity to a national
securities exchange, thus promoting
price discovery and transparency and
enhancing order execution
opportunities for member organizations
from the substantial amounts of
liquidity present on the Exchange. All
member organizations would benefit
from the greater amounts of liquidity
that will be present on the Exchange,
which would provide greater execution
opportunities. As previously noted,
there are currently no SLPs that qualify
for the cross tier incentives based on
their current trading profile on the
Exchange, but the Exchange believes
that at least two more SLPs could
qualify if they choose to direct order
flow to, and increase quoting on, the
Exchange.
Fee Waivers for Trading Floor-Based
Member Organizations
Finally, the proposed extension of the
waiver of equipment and related service
fees and the applicable monthly trading
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
30749
license fee for Trading Floor-based
member organizations to May 2020 are
also an equitable allocation of fees. The
proposed waivers apply to all Trading
Floor-based firms meeting specific
requirements during the period that the
Trading Floor is temporarily closed. The
proposed change is equitable as it is
designed to reduce monthly costs for
Trading Floor-based member
organizations that are unable to conduct
Floor operations.
The Proposal Is Not Unfairly
Discriminatory
The Exchange believes that the
proposal is not unfairly discriminatory.
In the prevailing competitive
environment, member organizations are
free to disfavor the Exchange’s pricing if
they believe that alternatives offer them
better value.
The proposal is not unfairly
discriminatory because it neither targets
nor will it have a disparate impact on
any particular category of market
participant.
Tier 3 Adding Credit Adding ADV
Requirement
The Exchange believes that the
proposal to lower the ADV requirement
for the Tier 3 Adding Credit does not
permit unfair discrimination because
the lower threshold would be applied to
all similarly situated member
organizations and other market
participants, who would all be eligible
for the same credit on an equal basis.
Accordingly, no member organization
already operating on the Exchange
would be disadvantaged by this
allocation of fees.
Step Up Tier 3 Adding Credit
The Exchange believes it is not
unfairly discriminatory to provide an
additional per share step up credit, as
the proposed credits would be provided
on an equal basis to all member
organizations that add liquidity by
meeting the new proposed Step Up 3
Tier’s requirements. For the same
reason, the Exchange believes it is not
unfairly discriminatory to provide a
higher credit of $0.0018 for increased
adding ADV over the member
organization’s Fourth Quarter 2019
adding liquidity taken as a percentage of
NYSE CADV because the proposed
higher credit would equally encourage
all member organizations to provide
additional displayed liquidity on the
Exchange. As noted, the Exchange
believes that the proposed credit would
provide an incentive for member
organizations to send additional
liquidity to the Exchange in order to
qualify for the additional credits.
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The Exchange also believes that the
proposed change is not unfairly
discriminatory because it is reasonably
related to the value to the Exchange’s
market quality associated with higher
volume. Finally, the submission of
orders to the Exchange is optional for
member organizations in that they could
choose whether to submit orders to the
Exchange and, if they do, the extent of
its activity in this regard.
DMM Incremental Rebate per Share for
More Active Securities
The proposed incremental rebate for
DMM more active securities during
periods of high volumes is also not
unfairly discriminatory because the
proposed rebates would provide an
additional incentive to DMMs to quote
and trade their assigned securities on
the Exchange in very active months, and
will generally allow the Exchange and
DMMs to better compete for order flow,
thus enhancing competition. The
Exchange believes that the requirement
that DMMs increase adding liquidity
over the Baseline Month in order to
qualify for the credits is not unfairly
discriminatory because it would apply
equally to all DMMs. The Exchange
believes that requiring a higher
percentage increase of at least 40% more
than the DMM’s April 2020 providing
liquidity in all assigned securities as a
percentage of NYSE CADV for DMMs
with 750 or fewer assigned securities in
the previous month is not unfairly
discriminatory because it would apply
equally to all similarly situated DMMs.
Moreover, the Exchange believes that
the second way to qualify for the
incremental credit is designed to
provide smaller market makers (i.e.,
DMMs with 750 or fewer assigned
securities in the previous month) with
an added incentive to add liquidity in
their assigned securities in a given
month. As described above, member
organizations have a choice of where to
send order flow. The Exchange believes
that incentivizing DMMs on the
Exchange to add more liquidity during
period of high volumes could contribute
to greater price discovery on the
Exchange. In addition, additional
liquidity-providing quotes benefit all
market participants because they
provide greater execution opportunities
on the Exchange and improve the public
quotation.
Adding Liquidity Requirement for SLP
Tape A Tiers
Lowering the adding ADV
requirement for the SLP Adding Tiers is
not unfairly discriminatory because the
proposal would be provided on an equal
basis to all member organizations that
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add liquidity by meeting the new
proposed alternative requirement, who
would all be eligible for the same credits
on an equal basis. Accordingly, no
member organization already operating
on the Exchange would be
disadvantaged by this allocation of fees.
Further, as noted, the Exchange believes
the proposal would provide an
incentive for member organizations to
continue to send orders that provide
liquidity to the Exchange, to the benefit
of all market participants.
Fee Waivers for Trading Floor-Based
Member Organizations
The proposed waiver of equipment
and related service fees and the
applicable monthly trading license fee
for Trading Floor-based member
organizations during May 2020 is not
unfairly discriminatory because the
proposed waivers would benefit all
similarly-situated market participants
on an equal and non-discriminatory
basis. The Exchange is not proposing to
waive the Floor-related fixed
indefinitely, but rather during the
period that the Trading Floor is
temporarily closed. The proposed fee
change is designed to ease the financial
burden on Trading Floor-based member
organizations that cannot conduct Floor
operations while the Trading Floor
remains closed.
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 the foregoing 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,20 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, as
discussed above, the Exchange believes
that the proposed changes would
encourage the continued participation
of member organizations on the
Exchange by providing certainty and fee
relief during the unprecedented
volatility and market declines caused by
the continued spread of COVID–19. As
a result, the Exchange believes that the
proposed change furthers the
Commission’s goal in adopting
Regulation NMS of fostering integrated
competition among orders, which
promotes ‘‘more efficient pricing of
20 15
PO 00000
U.S.C. 78f(b)(8).
Frm 00069
Fmt 4703
individual stocks for all types of orders,
large and small.’’ 21
Intramarket Competition. The
Exchange believes that lowering the
adding ADV requirement for the second
way to qualify for Tier 3 Adding Credit,
offering a new pricing tier to incentivize
member organizations to step up their
liquidity-providing orders on the
Exchange, offering an incremental
rebate per share for DMMs in more
active securities, and lowering the
adding liquidity requirement in Tape B
and C securities for the SLP Tape A
adding tiers are designed to respond to
the current competitive environment
and to attract additional order flow to
the Exchange. The Exchange believes
that the proposed changes would
continue to incentivize market
participants to direct displayed order
flow to the Exchange. Greater liquidity
benefits all market participants on the
Exchange by providing more trading
opportunities and encourages member
organizations to send orders, thereby
contributing to robust levels of liquidity,
which benefits all market participants
on the Exchange. The current and
proposed credits and incentives and
revised qualification requirements
would be available to all similarlysituated market participants, and, as
such, the proposed change would not
impose a disparate burden on
competition among market participants
on the Exchange. Further, the proposed
continued waiver of equipment and
related service fees and the applicable
monthly trading license fee for Trading
Floor-based member organizations
during May 2020 provide a degree of
certainty to DMMs and SLPs adding
liquidity to the Exchange during high
volatility and to ease the financial
burden on Trading Floor-based member
organizations impacted by the
temporary closing of the Trading Floor.
As noted, the proposal would apply to
all similarly situated member
organizations on the same and equal
terms, who would benefit from the
changes on the same basis. Accordingly,
the proposed change would not impose
a disparate burden on competition
among market participants on the
Exchange.
Intermarket Competition. The
Exchange operates in a highly
competitive market in which market
participants can readily choose to send
their orders to other exchange and offexchange venues if they deem fee levels
at those other venues to be more
favorable. As previously noted, the
Exchange’s market share of trading in
Tape A, B and C securities combined is
21 Regulation
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20MYN1
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less than 13%. In such an environment,
the Exchange must continually adjust its
fees and rebates to remain competitive
with other exchanges and with offexchange venues. 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
does not believe its proposed fee change
can impose any burden on intermarket
competition. The Exchange believes that
the proposed rule change reflects this
competitive environment because it
modifies the Exchange’s fees in a
manner designed to provide a degree of
certainty and ease the financial burdens
of the current unsettled market
environment, and permit affected
member organizations to continue to
conduct market-making operations on
the Exchange and avoid unintended
costs of doing business on the Exchange
while the Trading Floor is inoperative,
which could make the Exchange a less
competitive venue on which to trade as
compared to other options exchanges.
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) 22 of the Act and
subparagraph (f)(2) of Rule 19b–4 23
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) 24 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
U.S.C. 78s(b)(3)(A).
23 17 CFR 240.19b–4(f)(2).
24 15 U.S.C. 78s(b)(2)(B).
17:51 May 19, 2020
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–
NYSE–2020–39 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–NYSE–2020–39. 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 website (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 website 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.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–NYSE–2020–39 and should
be submitted on or before June 10, 2020.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.25
J. Matthew DeLesDernier,
Assistant Secretary.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–88869; File No. SR–
NYSEAMER–2020–35]
Self-Regulatory Organizations; NYSE
American LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Change To Amend Its Price List To
Offer New Credits
May 14, 2020.
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 May 1,
2020, NYSE American LLC (‘‘NYSE
American’’ or the ‘‘Exchange’’) 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 its
Price List to offer new credits for
liquidity-providing displayed orders,
MPL orders, and orders setting a new
NYSE American BBO. The Exchange
proposes to implement the rule change
on May 1, 2020. The proposed change
is available on the Exchange’s website 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.
[FR Doc. 2020–10817 Filed 5–19–20; 8:45 am]
BILLING CODE 8011–01–P
22 15
VerDate Sep<11>2014
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:
1 15
U.S.C.78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
25 17
Jkt 250001
PO 00000
CFR 200.30–3(a)(12).
Frm 00070
Fmt 4703
Sfmt 4703
30751
E:\FR\FM\20MYN1.SGM
20MYN1
Agencies
[Federal Register Volume 85, Number 98 (Wednesday, May 20, 2020)]
[Notices]
[Pages 30743-30751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10817]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-88874; File No. SR-NYSE-2020-39]
Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend its Price List
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 May 1, 2020, New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') 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 Substance
of the Proposed Rule Change
The Exchange proposes to amend its Price List to (1) revise the
adding average daily volume (``ADV'') requirement for the second way to
qualify for the Tier 3 Adding Credit; (2) adopt a new Step Up Tier 3
Adding Credit; (3) adopt a new Incremental Rebate Per Share for
Designated Market Makers (``DMM'') in most active securities; (4)
revise the adding liquidity requirement in Tape B and C securities for
the Supplemental Liquidity Provider (``SLP'') Tape A adding tiers; and
(5) extend the waiver of equipment and
[[Page 30744]]
related service charges and trading license fees for NYSE Trading
Floor-based member organizations to May 2020 in connection with the
temporary closing of the Trading Floor. The proposed rule change is
available on the Exchange's website 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 its Price List to (1) revise the ADV
requirement for the second way to qualify for the Tier 3 Adding Credit;
(2) adopt a new Step Up Tier 3 Adding Credit; (3) adopt a new
Incremental Rebate Per Share for DMMs in most active securities; (4)
revise the adding liquidity requirement in Tape B and C securities for
the SLP Tape A adding tiers; and (5) extend the waiver of equipment and
related service charges and trading license fees for NYSE Trading
Floor-based member organizations to May 2020 in connection with the
temporary closing of the Trading Floor.
The proposed changes respond to the current competitive environment
where order flow providers have a choice of where to direct liquidity-
providing orders by offering further incentives for member
organizations to send additional displayed liquidity to the Exchange.
The proposed changes also respond to the current volatile market
environment that has resulted in unprecedented average daily volumes
and the temporary closure of the Trading Floor, which are both related
to the ongoing spread of the novel coronavirus (``COVID-19'').
The Exchange proposes to implement the fee changes effective May 1,
2020.
Current Market and Competitive Environment
The Exchange operates in a highly competitive market. The
Commission has repeatedly expressed its preference for competition over
regulatory intervention in determining prices, products, and services
in the securities markets. In Regulation NMS, the Commission
highlighted the importance of market forces in determining prices and
SRO revenues and, also, recognized that current regulation of the
market system ``has been remarkably successful in promoting market
competition in its broader forms that are most important to investors
and listed companies.'' \4\
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37495, 37499 (June 29, 2005) (S7-10-04) (Final Rule)
(``Regulation NMS'').
---------------------------------------------------------------------------
As the Commission itself recognized, the market for trading
services in NMS stocks has become ``more fragmented and competitive.''
\5\ Indeed, equity trading is currently dispersed across 13
exchanges,\6\ 31 alternative trading systems,\7\ and numerous broker-
dealer internalizers and wholesalers, all competing for order flow.
Based on publicly-available information, no single exchange has more
than 20% market share (whether including or excluding auction
volume).\8\ Therefore, no exchange possesses significant pricing power
in the execution of equity order flow. More specifically, the
Exchange's market share of trading in Tape A, B and C securities
combined is less than 13%.
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 51808, 84 FR 5202,
5253 (February 20, 2019) (File No. S7-05-18) (Transaction Fee Pilot
for NMS Stocks Final Rule) (``Transaction Fee Pilot'').
\6\ See Cboe Global Markets, U.S. Equities Market Volume
Summary, available at https://markets.cboe.com/us/equities/market_share/. See generally https://www.sec.gov/fast-answers/divisionsmarketregmrexchangesshtml.html.
\7\ See FINRA ATS Transparency Data, available at https://otctransparency.finra.org/otctransparency/AtsIssueData. A list of
alternative trading systems registered with the Commission is
available at https://www.sec.gov/foia/docs/atslist.htm.
\8\ See Cboe Global Markets U.S. Equities Market Volume Summary,
available at https://markets.cboe.com/us/equities/market_share/.
---------------------------------------------------------------------------
The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
move order flow, or discontinue or reduce use of certain categories of
products, in response to fee changes. With respect to non-marketable
order flow that would provide displayed liquidity on an Exchange,
member organizations can choose from any one of the 13 currently
operating registered exchanges to route such order flow. Accordingly,
competitive forces constrain exchange transaction fees that relate to
orders that would provide liquidity on an exchange.
In response to the competitive environment described above, the
Exchange has established incentives for its member organizations who
submit orders that provide and remove liquidity on the Exchange,
including cross-tape incentives for member organizations and SLPs based
on submission of orders that provide displayed and non-displayed
liquidity in Tapes B and C securities. The proposed fee change is
designed to attract additional order flow to the Exchange by:
Lowering the adding ADV requirement for the second way to
qualify for Tier 3 Adding Credit;
offering a new pricing tier to incentivize member
organizations to step up their liquidity-providing orders on the
Exchange;
offering an incremental rebate per share for DMMs in more
active securities; and
lowering the adding liquidity requirement in Tape B and C
securities for the SLP Tape A adding tiers.
Moreover, beginning on March 16, 2020, in order to slow the spread
of COVID-19 through social distancing measures, significant limitations
were placed on large gatherings throughout the country. As a result, on
March 18, 2020, the Exchange determined that beginning March 23, 2020,
the physical Trading Floor facilities located at 11 Wall Street in New
York City would close and that the Exchange would move, on a temporary
basis, to fully electronic trading.\9\ The proposed rule change
responds to these unprecedented events by extending the waiver of
equipment and related service charges and trading license fees for NYSE
Trading Floor-based member organizations for May 2020 in connection
with the temporary closing of the Trading Floor. The proposed DMM
incremental credit is also designed to incentivize DMM to increase
their added liquidity on the Exchange during periods of high market
volumes.
---------------------------------------------------------------------------
\9\ See Press Release, dated March 18, 2020, available here:
https://ir.theice.com/press/press-releases/allcategories/2020/03-18-2020-204202110.
---------------------------------------------------------------------------
Proposed Rule Change
Tier 3 Adding Credit Adding ADV Requirement
Under current Tier 3, a member organization that adds liquidity to
the Exchange in securities with a share price of $1.00 or more would be
entitled to a per share credit of $0.0018 if the
[[Page 30745]]
criteria in A or B are satisfied, as follows:
A
(i) The member organization has an Adding ADV equal to at least
0.40% of NYSE CADV,\10\ and
---------------------------------------------------------------------------
\10\ The terms ``ADV'' and ``CADV'' are defined in footnote * of
the Price List.
---------------------------------------------------------------------------
(ii) The member organization executes market at-the-close (``MOC'')
and limit at-the-close (``LOC'') orders equal to at least 0.05% of NYSE
CADV.
B
(i) The member organization has an Adding ADV equal to at least
0.35% of NYSE CADV,
(ii) The member organization executes MOC and LOC orders equal to
at least 0.05% of NYSE CADV, and
(iii) The member organization has an Adding ADV in MPL orders of at
least 200,000 shares.
The Exchange proposes to reduce the adding ADV requirement in the
second of the two alternative methods described above to qualify for
the credit by requiring member organization to have an Adding ADV equal
to at least 0.30% of NYSE CADV. As proposed, the first method to
qualify for the credit and the amount of the credit would remain
unchanged.
The purpose of the proposed change is to increase the incentive for
order flow providers to send liquidity-providing orders to the
Exchange. As described above, member organizations with liquidity-
providing orders have a choice of where to send those orders. The
Exchange believes that by reducing the Adding ADV requirement to
qualify for a tiered credit, more member organizations will choose to
route their liquidity-providing orders to the Exchange to qualify for
the credit. The Exchange cannot predict with certainty how many member
organizations would avail themselves of this opportunity, but believes
that at least three member organizations could qualify for the tier.
Additional liquidity-providing orders benefits all market participants
because it provides greater execution opportunities on the Exchange.
Step Up Tier 3 Adding Credit
The Exchange proposes to adopt a ``Step Up Tier 3 Adding Credit''
that would offer a credit to member organizations providing displayed
liquidity to the Exchange in Tape A securities.
As proposed, a member organization that
sends orders, except Mid-Point Liquidity Orders (``MPL'')
and Non-Displayed Limit Orders, that add liquidity to the NYSE in Tape
A securities, and
that has Adding ADV, excluding any liquidity added by a
DMM, that is at least 0.05% of NYSE CADV over that member
organization's Fourth Quarter 2019 adding liquidity taken as a
percentage of NYSE CADV (the ``Baseline Tape A Share'')
would receive a credit of $0.0015 for adding liquidity, except MPL and
Non-Displayed Limit Orders, if the increase in Adding ADV over the
Baseline Tape A Share is at least 0.05% and less than 0.10%. If the
increase in Adding ADV over the Baseline Tape A Share is at least 0.10%
or more, a member organization meeting the above requirements would
receive a credit of $0.0018 for adding liquidity, except MPL and Non-
Displayed Limit Orders.
In addition, member organizations that meet these requirements and
qualify for the $0.0015 or $0.0018 credit in Tape A securities would be
eligible to receive an additional $0.0001 per share for adding
liquidity in Tape A securities if trades in Tapes B and C securities
against the member organization's orders that add liquidity, excluding
orders as an SLP, equal to at least 0.20% of Tape B and Tape C CADV
combined.
For example, Member Organization A averages an Adding ADV in Tape A
securities of 3.5 million shares in the Fourth Quarter of 2019 where
the NYSE CADV was 3.5 billion shares. Member Organization A's adding
percentage of NYSE CADV for the Fourth Quarter 2019 would be 0.10%. In
the billing month, Member Organization A has an adding ADV of 5.25
million shares when NYSE CADV was again 3.5 billion shares. Member
Organization A's adding percentage of NYSE CADV for that billing month
would thus be of 0.15%. Since Member Organization A's Adding ADV for
the billing month was is 0.05% of NYSE ADV over Member Organization A's
Fourth Quarter 2019 adding percentage of NYSE CADV, Member
Organizations A qualifies for the $0.0015 credit. If Member
Organization A had instead had an Adding ADV of 7 million shares in
that same billing month for an Adding percent of NYSE CADV of 0.20%,
then Member Organization A would have instead qualified for the $0.0018
credit.
The purpose of this proposed change is to incentivize member
organizations to increase the liquidity-providing orders in the Tape A
securities they send to the Exchange, which would support the quality
of price discovery on the Exchange and provide additional liquidity for
incoming orders. As noted above, the Exchange operates in a competitive
environment, particularly as it relates to attracting non-marketable
orders, which add liquidity to the Exchange. Because the proposed tier
requires a member organization to increase the volume of its trades in
orders that add liquidity over that member organization's Fourth
Quarter 2019 baseline, the Exchange believes that the proposed credit
would provide an incentive for all member organizations to send
additional liquidity to the Exchange in order to qualify for it. The
Exchange does not know how much order flow member organizations choose
to route to other exchanges or to off-exchange venues. There are
currently no firms that could qualify for the proposed Step Up Tier 3
Adding Credit based on their current trading profile on the Exchange,
but the Exchange believes that at least six member organizations could
qualify for the tier if they so choose. However, without having a view
of member organization's activity on other exchanges and off-exchange
venues, the Exchange has no way of knowing whether this proposed rule
change would result in any member organization directing orders to the
Exchange in order to qualify for the new tier.
DMM Incremental Rebate per Share for More Active Securities
The Exchange proposes to adopt an incremental rebate per share that
would offer an additional per share credit to DMMs in each eligible
assigned More Active Security with a stock price of at least $1.00 on
current rebates of $0.0034 or less.
As proposed, DMMs would earn an incremental rebate $0.0002 per
share in each eligible assigned More Active Security with a stock price
of at least $1.00 where NYSE CADV is equal to or greater than 4.5
billion shares, when adding liquidity with orders, other than MPL
Orders, in such securities and the DMM either:
(1) Has providing liquidity in all assigned securities as a
percentage of NYSE CADV that is an increase of 0.30% more than the
DMM's April 2020 providing liquidity in all assigned securities as a
percentage of NYSE CADV, or
(2) has providing liquidity in all assigned securities as a
percentage of NYSE CADV that is an increase of at least 40% more than
the DMM's April 2020 providing liquidity in all assigned securities as
a percentage of NYSE CADV for DMMs with 750 or fewer
[[Page 30746]]
assigned securities in the previous month.
As noted, the proposed incremental credit would be payable in
addition to the DMM regular Most Activity Security credits for those
credits up to $0.0034 per share or less, specifically adding credits of
$0.0015, $0.0027, $0.0031, and $0.0034 per share.
For example, DMM A with more than 750 assigned securities in the
billing month has providing liquidity in those securities of 35 million
shares in April 2020. Assume Tape A was 3.5 billion shares in April
2020. DMM A would thus have providing liquidity of 1.00% of NYSE CADV
for April 2020. If DMM A averages 75 million shares in a month when
NYSE CADV is 5 billion shares, for a providing liquidity of 1.50%, DMM
A would then qualify for the incremental rebate of $0.0002 per share in
More Activity Securities with an increase of 0.50%.
If DMM B had less than 750 assigned securities in that same billing
month with a providing liquidity of 3.5 million shares in April 2020,
for providing liquidity of 0.10% of NYSE CADV, then DMM B would need to
increase its providing liquidity by 40%, or 0.14% of NYSE CADV, in
order to qualify in that billing month when NYSE CADV was 5 billion
shares. If NYSE CADV was instead 4 billion shares in that billing
month, both DMM A and DMM B would not be eligible for any incremental
credits.
The purpose of this proposed change is to incentivize DMM to
increase their added liquidity on the Exchange during a period of high
market volumes, which would improve quoting and increase adding
liquidity across securities where there may be more liquidity
providers.
The Exchange believes that higher quoting obligations provide
higher volumes of liquidity, which contributes to price discovery and
benefits all market participants. As noted above, the Exchange operates
in a competitive environment, particularly as it relates to attracting
non-marketable orders, which add liquidity to the Exchange. Because, as
proposed, the first way to qualify for the proposed credit requires
providing liquidity in all assigned securities as a percentage of NYSE
CADV that is an increase of 0.30% more than the DMM's April 2020
providing liquidity in all assigned securities as a percentage of NYSE
CADV while the way for DMMs with less than 750 issues to qualify
requires an increase of at least 40% more than the DMM's April 2020
providing liquidity in all assigned securities as a percentage of NYSE
CADV, the Exchange believes that the proposed credit would provide an
incentive for all DMMs to send additional liquidity to the Exchange in
order to qualify for it.
Moreover, the Exchange believes that the second way to qualify for
the incremental credit is designed to provide smaller market makers
(i.e., DMMs with 750 or fewer assigned securities in the previous
month) with an added incentive to add liquidity in their assigned
securities in a given month. A DMM with providing share of NYSE CADV of
0.10% would otherwise have to quadruple its providing ADV, for an
increase of 0.30% to 0.40% of NYSE CADV, in order to qualify for the
incremental credit. As described above, member organizations have a
choice of where to send order flow. The Exchange believes that
incentivizing DMMs on the Exchange to add liquidity could contribute to
price discovery and improve quoting on the Exchange. In addition,
additional liquidity-providing quotes benefit all market participants
because they provide greater execution opportunities on the Exchange
and improve the public quotation.
Adding Liquidity Requirement for SLP Tape A Tiers
The Exchange currently offers tiered and non-tiered credits in Tape
A securities to SLPs that meet certain quoting obligations in assigned
securities based upon the total percent of NYSE CADV executed.
Each of the current adding liquidity tiers (SLP Tiers 1, 1A, 2, 3,
4, and the SLP Step Up Tier) offer a cross-tier incentive.
Specifically, in addition to the credit specified for each tier, SLPs
are eligible for an additional incremental per share credit \11\ in
securities with a per share price of $1.00 that meet the 10% average or
more quoting requirement in an assigned security pursuant to Rule 107B
(quotes of an SLP-Prop and an SLMM of the same member organization
shall not be aggregated) where the SLP:
---------------------------------------------------------------------------
\11\ The incremental credits are $0.0001 (SLP Tiers 1A, 2, 3 and
the SLP Step Up Tier) and $0.00005 (SLP Tier 1 and 4).
---------------------------------------------------------------------------
Meets the applicable tier requirements, and
adds liquidity in Tape B and C securities \12\ of at least
0.30% of Tape B and Tape C CADV combined.
---------------------------------------------------------------------------
\12\ In SLP Tiers 1, 1A, 2, 3, 4, and the SLP Step Up Tier, the
Price List uses the phrase ``securities traded pursuant to Unlisted
Trading Privileges (Tapes B and C) on the Pillar Trading Platform.''
The Exchange proposes the non-substantive change of replacing that
phrase with ``Tape B and C securities'' in each place in SLP Tiers
1, 1A, 2, 3, 4, and the SLP Step Up Tier where it appears by adding
``Tape B and C'' before ``securities'' and deleting each use of
``traded pursuant to Unlisted Trading Privileges (Tapes B and C) on
the Pillar Trading Platform.''
---------------------------------------------------------------------------
For each cross-tier incentive in SLP Tiers 1, 1A, 2, 3, 4, and the
SLP Step Up Tier, the Exchange proposes to require that SLPs add
liquidity in Tape B and C securities of at least 0.25% of Tape B and
Tape C CADV combined. The other requirements to qualify for SLP Tiers
1, 1A, 2, 3, 4, and the SLP Step Up Tier, as well as the associated
credits, would remain unchanged.
The proposed fee change is designed to attract additional order
flow to the Exchange by making it easier to qualify for cross-tier
incentive in SLP Tiers 1, 1A, 2, 3, 4, and the SLP Step Up Tier based
on adding liquidity to the Exchange in Tape B and C Securities. There
are currently no SLPs that qualify for the cross tier incentives based
on their current trading profile on the Exchange, but the Exchange
believes that at least two more SLPs could qualify if they so choose.
However, without having a view of SLP's activity on other exchanges and
off-exchange venues, the Exchange has no way of knowing whether this
proposed rule change would result in any SLP directing orders to the
Exchange in order to qualify for these incentives.
Fee Waivers for Trading Floor-Based Member Organizations
As noted above, on March 18, 2020, the Exchange announced that it
would temporarily close the Trading Floor, effective March 23, 2020, as
a precautionary measure to prevent the potential spread of COVID-19.
Following the temporary closure of the Trading Floor, the Exchange
waived certain equipment fees for the booth telephone system on the
Trading Floor and associated service charges.\13\
---------------------------------------------------------------------------
\13\ See Securities Exchange Act Release No. 88602 (April 8,
2020), 85 FR 20730 (April 14, 2020) (SR-NYSE-2020-27). See footnote
11 of the Price List.
---------------------------------------------------------------------------
Specifically, the Exchange waived the Annual Telephone Line Charge
of $400 per phone number and the $129 fee for a single line phone,
jack, and data jack. The Exchange also waived related service charges,
as follows: $161.25 to install single jack (voice or data); $107.50 to
relocate a jack; $53.75 to remove a jack; $107.50 to install voice or
data line; $53.75 to disconnect data line; $53.75 to change a phone
line subscriber; and miscellaneous telephone charges billed at $106 per
hour in 15 minute increments.\14\ These fees were waived for (1) member
organizations with at least one trading license, a physical Trading
Floor presence, and Floor broker executions accounting for
[[Page 30747]]
40% or more of the member organization's combined adding, taking, and
auction volumes during March 1 to March 20, 2020, and (2) member
organizations with at least one trading license that are Designated
Market Makers with 30 or fewer assigned securities for the billing
month of March 2020.
---------------------------------------------------------------------------
\14\ The Service Charges also include an internet Equipment
Monthly Hosting Fee that the Exchange did not waive for April 2020
and that the Exchange does not propose to waive for May 2020.
---------------------------------------------------------------------------
Because the Trading Floor at 11 Wall Street remains temporarily
closed, the Exchange proposes to waive these Trading Floor-based fees
for May 2020. To effectuate this change, the Exchange proposes to add
``and May'' between ``April'' and ``2020'' in footnote 11 to the Price
List.
The proposed change is designed to reduce monthly costs for member
organizations with a Trading Floor presence that are unable to use the
services associated with the fees while the Trading Floor is
temporarily closed. The Exchange believes that extension of the fee
waiver would ease the financial burden associated with the temporary
Trading Floor closure.
In order to further reduce costs for member organizations with a
Trading Floor presence, the Exchange also waived the April 2020 monthly
portion of all applicable annual fees for (1) member organizations with
at least one trading license, a physical Trading Floor presence and
Floor broker executions accounting for 40% or more of the member
organization's combined adding, taking, and auction volumes during
March 1 to March 20, 2020, and (2) member organizations with at least
one trading license that are DMMs with 30 or fewer assigned securities
for the billing month of March 2020.\15\
---------------------------------------------------------------------------
\15\ See note 13, supra. See footnotes 15 of the Price List.
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The Exchange proposes to also waive the May 2020 monthly portion of
all applicable annual fees for member organizations with at least one
trading license, a physical Trading Floor presence and Floor broker
executions accounting for 40% or more of the member organization's
combined adding, taking, and auction volumes during March 1 to March
20, 2020. The indicated annual trading license fees would also be
waived for May 2020 for member organizations with at least one trading
license that are DMMs with 30 or fewer assigned securities for the
billing month of March 2020. To effectuate this change, the Exchange
proposes to add ``and May'' between ``April'' and ``2020'' in footnote
15.
The proposed changes are not otherwise intended to address other
issues, and the Exchange is not aware of any significant problems that
market participants would have in complying with the proposed changes.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\16\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\17\ 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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\16\ 15 U.S.C. 78f(b).
\17\ 15 U.S.C. 78f(b)(4) & (5).
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The Proposed Change Is Reasonable
As discussed above, the Exchange operates in a highly fragmented
and competitive market. The Commission has repeatedly expressed its
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. Specifically,
in Regulation NMS, the Commission highlighted the importance of market
forces in determining prices and SRO revenues and, also, recognized
that current regulation of the market system ``has been remarkably
successful in promoting market competition in its broader forms that
are most important to investors and listed companies.'' \18\
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\18\ See Regulation NMS, 70 FR at 37499.
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Tier 3 Adding Credit Adding ADV Requirement
The Exchange believes that lowering the ADV requirement for the
second way to qualify for the Tier 3 Adding Credit is reasonable
because it would make it easier for member organizations to qualify for
the credit, thereby encouraging the submission of additional liquidity
by more member organizations to a national securities exchange.
Submission of additional liquidity to the Exchange would promote price
discovery and transparency and enhance order execution opportunities
for member organizations from the substantial amounts of liquidity
present on the Exchange. All member organizations would benefit from
the greater amounts of liquidity that will be present on the Exchange,
which would provide greater execution opportunities.
Step Up Tier 3 Adding Credit
The Exchange believes that a new Step Up Tier 3 Adding Credit is
reasonable. Specifically, the Exchange believes that the proposed Step
Up Tier 3 Adding Credit would provide an incentive for member
organizations to send additional liquidity providing orders to the
Exchange in Tape A securities. As noted above, the Exchange operates in
a highly competitive environment, particularly for attracting non-
marketable order flow that provides liquidity on an exchange.
The Exchange believes that requiring member organizations to have
adding ADV, excluding any liquidity added by a DMM, that is at least
0.05% of NYSE CADV over that member organization's Fourth Quarter 2019
adding liquidity taken as a percentage of NYSE CADV in order to qualify
for the proposed Step Up Tier 3 Adding Credit is reasonable because it
would encourage additional displayed liquidity on the Exchange and
because market participants benefit from the greater amounts of
displayed liquidity present on the Exchange.
The Exchange believes that it is reasonable to offer a lower credit
of $0.0015 if the increase in adding ADV over that member
organization's Fourth Quarter 2019 adding liquidity taken as a
percentage of NYSE CADV is 0.05% or more up to 0.09%, and to offer a
higher credit of $0.0018 if the adding ADV increase is 0.10% or more,
because it is reasonably related to the value to the Exchange's market
quality associated with higher volume.
Finally, the Exchange believes it's reasonable to provide an
additional $0.0001 per share for adding liquidity in Tape A securities
for member organizations meet the proposed tier requirements and
qualify for the $0.0015 or $0.0018 credit in Tape A securities if
trades in Tapes B and C securities against the member organization's
orders that add liquidity, excluding orders as an SLP, equal to at
least 0.20% of Tape B and Tape C CADV combined, is reasonable as this
same incentive is offered in the NYSE `s other adding tiers (Tier 1-4
Adding Credits).
Since the proposed Step Up Tier 3 would be new with a step up
requirement, no member organization currently qualifies for the
proposed pricing tier. As previously noted, there are a number of
member organizations that could qualify for the proposed higher credit
but without a view of member organization activity on other exchanges
and off-exchange venues, the Exchange has no way of knowing whether the
proposed rule change would result in any member organization qualifying
for the tier. The Exchange believes the proposed credit is reasonable
as it would provide an additional incentive for member organizations to
direct their order flow to the Exchange and provide meaningful
[[Page 30748]]
added levels of liquidity in order to qualify for the higher credit,
thereby contributing to depth and market quality on the Exchange.
DMM Incremental Rebate per Share for More Active Securities
The Exchange believes that the proposed incremental rebate for DMMs
is a reasonable way to incentivize DMM to increase their added
liquidity on the Exchange, which would improve quoting and increase
adding liquidity across securities when market volumes are high. The
Exchange believes that the incremental rebate will provide incentives
for DMMs to provide higher volumes of liquidity, which contributes to
price discovery and benefits all market participants. As noted above,
the Exchange operates in a competitive environment, particularly as it
relates to attracting non-marketable orders, which add liquidity to the
Exchange. Because, as proposed, the first way to qualify for the
proposed credit requires providing liquidity in all assigned securities
as a percentage of NYSE CADV that is an increase of 0.30% more than the
DMM's April 2020 providing liquidity in all assigned securities as a
percentage of NYSE CADV while the second way to qualify requires an
increase of at least 40% more than the DMM's April 2020 providing
liquidity in all assigned securities as a percentage of NYSE CADV, the
Exchange believes that the proposed credit would provide an incentive
for DMMs to send additional liquidity to the Exchange in order to
qualify for it.
Moreover, the Exchange believes that the second way to qualify for
the incremental credit is designed to provide smaller market makers
(i.e., DMMs with 750 or fewer assigned securities in the previous
month) with an added incentive to add liquidity in their assigned
securities in a given month is a reasonable means to improve market
quality, attract additional order flow to a public market, and enhance
execution opportunities for member organizations on the Exchange, to
the benefit of all market participants. The Exchange notes that the
proposal would also foster liquidity provision and stability in the
marketplace during periods of high volumes. The proposal would also
reward DMMs, who have greater risks and heightened quoting and other
obligations than other market participants.
Adding Liquidity Requirement for SLP Tape A Tiers
In addition, lowering the adding liquidity requirement to 0.25% of
Tape B and Tape C CADV combined in order for member organizations that
are SLPs to qualify for the applicable credit in SLP Tiers 1, 1A, 2, 3,
4, and the SLP Step Up Tier is reasonable because it would provide
further incentives for such member organizations to provide additional
liquidity to a public exchange in Tape B and C securities to reach the
proposed Adding ADV requirement, thereby promoting price discovery and
transparency and enhancing order execution opportunities for member
organizations. All member organizations would benefit from the greater
amounts of liquidity that will be present on the Exchange, which would
provide greater execution opportunities.
The Exchange believes the proposal would provide an incentive for
member organizations that are SLPs to route additional liquidity-
providing orders to the Exchange in Tape B and C securities. As noted
above, the Exchange operates in a highly competitive environment,
particularly for attracting non-marketable order flow that provides
liquidity on an exchange. Without having a view of a member
organization's activity on other markets and off-exchange venues, the
Exchange believes the proposed additional requirement to qualify for
the SLP Adding Tier credits would provide an incentive for member
organizations who are SLPs to submit additional adding liquidity to the
Exchange in Tape B and C securities. As previously noted, there are
currently no SLPs that qualify for the cross tier incentives based on
their current trading profile on the Exchange, but the Exchange
believes that at least 2 more SLPs could qualify if they choose to
direct order flow to, and increase quoting on, the Exchange.
Fee Waivers for Trading Floor-Based Member Organizations
The proposed extension of the waiver of equipment and related
service fees and the applicable monthly trading license fee for Trading
Floor-based member organizations is reasonable in light of the
temporary closure of the NYSE Trading Floor. Beginning March 2020,
markets worldwide have experienced unprecedented declines and
volatility because of the ongoing spread of COVID-19 that has also
resulted in the temporary closure of the NYSE Trading Floor. The
proposed change is designed to reduce costs for Floor participants for
the month of May 2020 that are unable to conduct Floor operations while
the Trading Floor remains temporarily closed. The Exchange believes
that this fee waiver would ease the financial burden faced by member
organizations that conduct business on the Trading Floor and benefit
all such member organizations.
Finally, the Exchange also believes the proposed non-substantive
changes are reasonable and would not be inconsistent with the public
interest and the protection of investors because investors will not be
harmed and in fact would benefit from increased clarity and
transparency on the Price List, thereby reducing potential confusion.
The Proposal Is an Equitable Allocation of Fees
The Exchange believes the proposal equitably allocates its fees
among its market participants by fostering liquidity provision and
stability in the marketplace.
Tier 3 Adding Credit Adding ADV Requirement
The Exchange is not proposing to adjust the amount of the Tier 3
Adding Credit, which will remain at the current level for all market
participants. Rather, the proposal to lower the ADV requirement for the
second way to qualify for the Tier 3 Adding Credit would continue to
encourage more member organizations to send add liquidity to the
Exchange by making it more attainable, thereby contributing to robust
levels of liquidity, which benefits all market participants. As
described above, member organizations with liquidity-providing orders
have a choice of where to send those orders. The Exchange believes
that, for the reasons discussed above, lowering the Adding ADV
requirement to qualify for a tiered credit, would make it easier for
additional liquidity providers to qualify for the Tier 3 Adding Credit,
thereby encouraging submission of additional liquidity to the Exchange.
The proposed change will thereby encourage the submission of additional
liquidity to a national securities exchange, thus promoting price
discovery and transparency and enhancing order execution opportunities
for member organizations from the substantial amounts of liquidity
present on the Exchange. All member organizations would benefit from
the greater amounts of liquidity that will be present on the Exchange,
which would provide greater execution opportunities.
Step Up Tier 3 Adding Credit
The Exchange believes that the proposed Step Up Tier 3 is equitable
because the magnitude of the additional credit is less than the current
Step Up Tier 2 credit in Tape A securities. Moreover, the proposed
credits are not unreasonable relative with the other non-SLP adding
tier credits, which as
[[Page 30749]]
range from $0.0015 to $0.0029, in comparison to the credits paid by
other exchanges for orders that provide additional step up
liquidity.\19\ The Exchange believes the proposed rule change would
improve market quality for all market participants on the Exchange and,
as a consequence, attract more liquidity to the Exchange, thereby
improving market wide quality and price discovery.
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\19\ See Cboe BZX Fee Schedule, which has adding credits ranging
from $0.0025 to $0.0032, at https://markets.cboe.com/us/equities/membership/fee_schedule/bzx/.
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Since the proposed Step Up Tier 3 would be new and includes a step
up Adding ADV requirement, no member organization currently qualifies
for it. As noted, there are currently a number of member organizations
that could qualify for the proposed tier, but without a view of member
organization activity on other exchanges and off-exchange venues, the
Exchange has no way of knowing whether this proposed rule change would
result in any member organization qualifying for the tier. The Exchange
believes the proposed credit is reasonable as it would provide an
additional incentive for member organizations to direct their order
flow to the Exchange and provide meaningful added levels of liquidity
in order to qualify for the higher credit, thereby contributing to
depth and market quality on the Exchange. The proposal neither targets
nor will it have a disparate impact on any particular category of
market participant. All member organizations that provide liquidity
could be eligible to qualify for the credit proposed in Step Up Tier 3
if they increase their Adding ADV over their own baseline of order
flow. The Exchange believes that offering a step up credit for
providing liquidity if the step up requirements for Tape A securities
are met will continue to attract order flow and liquidity to the
Exchange, thereby providing additional price improvement opportunities
on the Exchange and benefiting investors generally. As to those market
participants that do not presently qualify for the adding liquidity
credits, the proposal will not adversely impact their existing pricing
or their ability to qualify for other credits provided by the Exchange.
DMM Incremental Rebate per Share for More Active Securities
The Exchange believes that the proposed incremental rebate to DMMs
is an equitable allocation of fees because it would reward DMMs for
their increased risks and heightened quoting and other obligations. As
such, it is equitable to offer DMMs an incremental rebate for increased
adding liquidity in addition to current rates of $0.0034 or less. The
proposed rule change is also equitable because it would apply equally
to all existing and potential DMM firms.
The Exchange notes that all five DMM firms could qualify for the
proposed incremental rebate. The Exchange believes that the proposal
would provide an equal incentive to all DMMs to add liquidity in more
active securities, and that the proposal constitutes an equitable
allocation of fees because all similarly situated DMMs would be
eligible for the same incremental rebate.
Adding Liquidity Requirement for SLP Tape A Tiers
The Exchange believes that lowering the adding liquidity
requirement in order for member organizations that are SLPs to qualify
for the applicable credit in SLP Tiers 1, 1A, 2, 3, 4, and the SLP Step
Up Tier equitably allocates its fees among its market participants. The
Exchange is not proposing to adjust the amount of any of the SLP Adding
Tier credits, which will remain at current levels for all market
participants. For the reasons discussed above, the Exchange believes
that the proposed change to the SLP Adding Tier requirements would
encourage the SLPs to add liquidity to the market in Tape B and C
securities, thereby providing customers with a higher quality venue for
price discovery, liquidity, competitive quotes and price improvement.
The proposed change will thereby encourage the submission of additional
liquidity to a national securities exchange, thus promoting price
discovery and transparency and enhancing order execution opportunities
for member organizations from the substantial amounts of liquidity
present on the Exchange. All member organizations would benefit from
the greater amounts of liquidity that will be present on the Exchange,
which would provide greater execution opportunities. As previously
noted, there are currently no SLPs that qualify for the cross tier
incentives based on their current trading profile on the Exchange, but
the Exchange believes that at least two more SLPs could qualify if they
choose to direct order flow to, and increase quoting on, the Exchange.
Fee Waivers for Trading Floor-Based Member Organizations
Finally, the proposed extension of the waiver of equipment and
related service fees and the applicable monthly trading license fee for
Trading Floor-based member organizations to May 2020 are also an
equitable allocation of fees. The proposed waivers apply to all Trading
Floor-based firms meeting specific requirements during the period that
the Trading Floor is temporarily closed. The proposed change is
equitable as it is designed to reduce monthly costs for Trading Floor-
based member organizations that are unable to conduct Floor operations.
The Proposal Is Not Unfairly Discriminatory
The Exchange believes that the proposal is not unfairly
discriminatory. In the prevailing competitive environment, member
organizations are free to disfavor the Exchange's pricing if they
believe that alternatives offer them better value.
The proposal is not unfairly discriminatory because it neither
targets nor will it have a disparate impact on any particular category
of market participant.
Tier 3 Adding Credit Adding ADV Requirement
The Exchange believes that the proposal to lower the ADV
requirement for the Tier 3 Adding Credit does not permit unfair
discrimination because the lower threshold would be applied to all
similarly situated member organizations and other market participants,
who would all be eligible for the same credit on an equal basis.
Accordingly, no member organization already operating on the Exchange
would be disadvantaged by this allocation of fees.
Step Up Tier 3 Adding Credit
The Exchange believes it is not unfairly discriminatory to provide
an additional per share step up credit, as the proposed credits would
be provided on an equal basis to all member organizations that add
liquidity by meeting the new proposed Step Up 3 Tier's requirements.
For the same reason, the Exchange believes it is not unfairly
discriminatory to provide a higher credit of $0.0018 for increased
adding ADV over the member organization's Fourth Quarter 2019 adding
liquidity taken as a percentage of NYSE CADV because the proposed
higher credit would equally encourage all member organizations to
provide additional displayed liquidity on the Exchange. As noted, the
Exchange believes that the proposed credit would provide an incentive
for member organizations to send additional liquidity to the Exchange
in order to qualify for the additional credits.
[[Page 30750]]
The Exchange also believes that the proposed change is not unfairly
discriminatory because it is reasonably related to the value to the
Exchange's market quality associated with higher volume. Finally, the
submission of orders to the Exchange is optional for member
organizations in that they could choose whether to submit orders to the
Exchange and, if they do, the extent of its activity in this regard.
DMM Incremental Rebate per Share for More Active Securities
The proposed incremental rebate for DMM more active securities
during periods of high volumes is also not unfairly discriminatory
because the proposed rebates would provide an additional incentive to
DMMs to quote and trade their assigned securities on the Exchange in
very active months, and will generally allow the Exchange and DMMs to
better compete for order flow, thus enhancing competition. The Exchange
believes that the requirement that DMMs increase adding liquidity over
the Baseline Month in order to qualify for the credits is not unfairly
discriminatory because it would apply equally to all DMMs. The Exchange
believes that requiring a higher percentage increase of at least 40%
more than the DMM's April 2020 providing liquidity in all assigned
securities as a percentage of NYSE CADV for DMMs with 750 or fewer
assigned securities in the previous month is not unfairly
discriminatory because it would apply equally to all similarly situated
DMMs.
Moreover, the Exchange believes that the second way to qualify for
the incremental credit is designed to provide smaller market makers
(i.e., DMMs with 750 or fewer assigned securities in the previous
month) with an added incentive to add liquidity in their assigned
securities in a given month. As described above, member organizations
have a choice of where to send order flow. The Exchange believes that
incentivizing DMMs on the Exchange to add more liquidity during period
of high volumes could contribute to greater price discovery on the
Exchange. In addition, additional liquidity-providing quotes benefit
all market participants because they provide greater execution
opportunities on the Exchange and improve the public quotation.
Adding Liquidity Requirement for SLP Tape A Tiers
Lowering the adding ADV requirement for the SLP Adding Tiers is not
unfairly discriminatory because the proposal would be provided on an
equal basis to all member organizations that add liquidity by meeting
the new proposed alternative requirement, who would all be eligible for
the same credits on an equal basis. Accordingly, no member organization
already operating on the Exchange would be disadvantaged by this
allocation of fees. Further, as noted, the Exchange believes the
proposal would provide an incentive for member organizations to
continue to send orders that provide liquidity to the Exchange, to the
benefit of all market participants.
Fee Waivers for Trading Floor-Based Member Organizations
The proposed waiver of equipment and related service fees and the
applicable monthly trading license fee for Trading Floor-based member
organizations during May 2020 is not unfairly discriminatory because
the proposed waivers would benefit all similarly-situated market
participants on an equal and non-discriminatory basis. The Exchange is
not proposing to waive the Floor-related fixed indefinitely, but rather
during the period that the Trading Floor is temporarily closed. The
proposed fee change is designed to ease the financial burden on Trading
Floor-based member organizations that cannot conduct Floor operations
while the Trading Floor remains closed.
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 the foregoing 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,\20\ 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, as discussed above, the Exchange believes
that the proposed changes would encourage the continued participation
of member organizations on the Exchange by providing certainty and fee
relief during the unprecedented volatility and market declines caused
by the continued spread of COVID-19. As a result, the Exchange believes
that the proposed change furthers the Commission's goal in adopting
Regulation NMS of fostering integrated competition among orders, which
promotes ``more efficient pricing of individual stocks for all types of
orders, large and small.'' \21\
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\20\ 15 U.S.C. 78f(b)(8).
\21\ Regulation NMS, 70 FR at 37498-99.
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Intramarket Competition. The Exchange believes that lowering the
adding ADV requirement for the second way to qualify for Tier 3 Adding
Credit, offering a new pricing tier to incentivize member organizations
to step up their liquidity-providing orders on the Exchange, offering
an incremental rebate per share for DMMs in more active securities, and
lowering the adding liquidity requirement in Tape B and C securities
for the SLP Tape A adding tiers are designed to respond to the current
competitive environment and to attract additional order flow to the
Exchange. The Exchange believes that the proposed changes would
continue to incentivize market participants to direct displayed order
flow to the Exchange. Greater liquidity benefits all market
participants on the Exchange by providing more trading opportunities
and encourages member organizations to send orders, thereby
contributing to robust levels of liquidity, which benefits all market
participants on the Exchange. The current and proposed credits and
incentives and revised qualification requirements would be available to
all similarly-situated market participants, and, as such, the proposed
change would not impose a disparate burden on competition among market
participants on the Exchange. Further, the proposed continued waiver of
equipment and related service fees and the applicable monthly trading
license fee for Trading Floor-based member organizations during May
2020 provide a degree of certainty to DMMs and SLPs adding liquidity to
the Exchange during high volatility and to ease the financial burden on
Trading Floor-based member organizations impacted by the temporary
closing of the Trading Floor. As noted, the proposal would apply to all
similarly situated member organizations on the same and equal terms,
who would benefit from the changes on the same basis. Accordingly, the
proposed change would not impose a disparate burden on competition
among market participants on the Exchange.
Intermarket Competition. The Exchange operates in a highly
competitive market in which market participants can readily choose to
send their orders to other exchange and off-exchange venues if they
deem fee levels at those other venues to be more favorable. As
previously noted, the Exchange's market share of trading in Tape A, B
and C securities combined is
[[Page 30751]]
less than 13%. In such an environment, the Exchange must continually
adjust its fees and rebates to remain competitive with other exchanges
and with off-exchange venues. 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 does not
believe its proposed fee change can impose any burden on intermarket
competition. The Exchange believes that the proposed rule change
reflects this competitive environment because it modifies the
Exchange's fees in a manner designed to provide a degree of certainty
and ease the financial burdens of the current unsettled market
environment, and permit affected member organizations to continue to
conduct market-making operations on the Exchange and avoid unintended
costs of doing business on the Exchange while the Trading Floor is
inoperative, which could make the Exchange a less competitive venue on
which to trade as compared to other options exchanges.
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) \22\ of the Act and subparagraph (f)(2) of Rule
19b-4 \23\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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\22\ 15 U.S.C. 78s(b)(3)(A).
\23\ 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) \24\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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\24\ 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 [email protected]. Please include
File Number SR-NYSE-2020-39 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-NYSE-2020-39. 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 website (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 website 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2020-39 and should be submitted on
or before June 10, 2020.
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\25\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-10817 Filed 5-19-20; 8:45 am]
BILLING CODE 8011-01-P