[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Notices]
[Pages 46643-46644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18471]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70045; File No. SR-NYSEArca-2013-73]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending the NYSE 
Arca Options Fee Schedule With Respect to Cap on Fees for Firm and 
Broker Dealer Open Outcry Executions

July 26, 2013.
    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 July 18, 2013, NYSE Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange proposes to amend the NYSE Arca Options Fee Schedule 
(``Fee Schedule'') with respect to cap on fees for Firm and Broker 
Dealer open outcry executions. The text of the proposed rule change is 
available on the Exchange's Web site at www.nyse.com, at the principal 
office of the Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of those statements may be examined at 
the places specified in Item IV below. The Exchange has prepared 
summaries, set forth in sections A, B, and C below, of the most 
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend the Fee Schedule with respect to the 
cap on fees for Firm and Broker Dealer open outcry executions.
    Currently, there is a $100,000 cap per month on Proprietary fees 
and Broker Dealer fees for transactions in standard option contracts 
cleared in the customer range for open outcry executions, exclusive of 
strategy executions, royalty fees, and Firm trades executed via a Joint 
Back Office (``JBO'') agreement.\4\ The Exchange proposes to amend the 
text of the Fee Schedule to make more explicit that the $100,000 cap 
applies to the fees on a combined basis. For example, if in a given 
month a Firm incurred $55,000 in Proprietary fees and $55,000 in Broker 
Dealer fees for standard option contract transactions cleared in the 
customer range for open outcry executions, exclusive of strategy 
executions, royalty fees and Firm trades executed via a JBO agreement, 
then the Firm would only have to pay a total of $100,000 in such 
fees.\5\ If a Firm or Broker Dealer only had one of the two types of 
fees that met those qualifications, then it could still qualify if such 
fees exceeded $100,000 per month.
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    \4\ See Securities Exchange Act Release No. 69690 (June 4, 
2013), 78 FR 34681 (June 10, 2013) (SR-NYSEArca-2013-55) (setting 
cap at $100,000); see also Securities Exchange Act Release Nos. 
67419 (July 12, 2012), 77 FR 42343 (July 18, 2012) (SR-NYSEArca-
2012-71) (extending fee cap to Broker Dealers); 63471 (Dec. 8, 
2010), 75 FR 77928 (Dec. 14, 2010) (SR-NYSEArca-2010-108) (adopting 
initial $75,000 fee cap for Proprietary fees).
    \5\ Since the fee cap was amended in July 2012 to include Broker 
Dealer fees, the Exchange has provided a monthly report to its 
member firms that may have incorrectly suggested that fees for each 
of the two types of volume had to each separately reach $100,000 
before the fee cap applied. While the Exchange believes that the 
current text of the Fee Schedule is clear that both types of fees 
count toward the $100,000 cap, the Exchange wishes to avoid any 
potential misunderstanding on the qualifications for the fee cap. 
The report text also will be updated accordingly to avoid any such 
misunderstanding. The Exchange notes that, since the $75,000 fee cap 
and, later, the $100,000 fee cap were implemented, no Firm or Broker 
Dealer has qualified for the fee cap, whether applied on a combined 
or separate basis.
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    The proposed change is not intended to address any other issues, 
and the Exchange is not aware of any problems that Firms or Broker 
Dealers would have in complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\6\ in general, and furthers the 
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\7\ 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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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes that the proposed change is reasonable 
because it will provide better notice about how to qualify for the fee 
cap. The Exchange further believes that the fee cap is equitable and 
not unfairly discriminatory because it is designed to encourage Firms 
and Broker Dealers to engage in a high level of open outcry executions, 
which will increase liquidity on the Exchange and benefit all market 
participants. The Exchange believes that it is equitable and not 
unfairly discriminatory to offer the fee cap to Firms and Broker 
Dealers, and not other market participants, because its purpose is to 
attract large block order flow to the floor of the Exchange, where such 
orders can be better handled in comparison with electronic orders that 
are not negotiable.
    Finally, the Exchange believes that it is subject to significant 
competitive forces, as described below in the Exchange's statement 
regarding the burden on competition. For these

[[Page 46644]]

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,\8\ the Exchange does 
not believe that the proposed rule change will impose any burden on 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act. Rather, the proposed rule change will provide 
better notice about how to qualify for an available fee cap.
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    \8\ 15 U.S.C. 78f(b)(8).
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    The Exchange notes that it operates in a highly competitive market 
in which market participants can readily favor competing venues if they 
deem fee levels at a particular venue to be excessive or credits 
available at other venues to be more favorable. In such an environment, 
the Exchange must set its fees and credits so that it remains 
competitive with other exchanges and with alternative trading systems 
that have been exempted from compliance with the statutory standards 
applicable to exchanges. Because competitors are free to modify their 
own fees and credits in response, and because market participants may 
readily adjust their trading practices, the Exchange believes that the 
degree to which fee or credit changes in this market may impose any 
burden on competition is extremely limited. As a result of all of these 
considerations, the Exchange does not believe that the proposed change 
will impair the ability of its market participants or competing order 
execution venues to maintain their competitive standing in the 
financial markets.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the 
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change is effective upon filing pursuant to 
Section 19(b)(3)(A) \9\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \10\ thereunder, because it establishes a due, fee, or other charge 
imposed by the Exchange.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 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) \11\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \11\ 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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NYSEArca-2013-73 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEArca-2013-73. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549-1090, on official business days between the hours 
of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be 
available for inspection and copying at the principal office of the 
Exchange. All comments received will be posted without change; the 
Commission does not edit personal identifying information from 
submissions. You should submit only information that you wish to make 
available publicly. All submissions should refer to File Number SR-
NYSEArca-2013-73, and should be submitted on or before August 22, 2013.
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    \12\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-18471 Filed 7-31-13; 8:45 am]
BILLING CODE 8011-01-P