[Federal Register Volume 80, Number 46 (Tuesday, March 10, 2015)]
[Notices]
[Pages 12651-12652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05483]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74436; File No. SR-NYSEARCA-2015-09]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending the NYSE 
Arca Options Fee Schedule Relating to Strategy Executions

March 4, 2015.
    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 February 24, 2015, 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 Substance 
of the Proposed Rule Change

    The Exchange proposes to amend the NYSE Arca Options Fee Schedule 
(``Fee Schedule'') relating to Strategy Executions. The Exchange 
proposes to implement the change on March 1, 2015. 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 purpose of this filing is to modify the Exchange's Limit on 
Fees on Options Strategy Executions (``Strategy Cap''). Currently, the 
Exchange imposes a Strategy Cap of $750 on transaction fees for certain 
Strategy Executions executed in standard option contracts on the same 
trading day in the same option class. The Exchange is proposing to 
lower the $750 Strategy Cap to $700.\4\ The Exchange proposes to 
implement the $700 Strategy Cap on March 1, 2015.
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    \4\ Transaction fees on Strategy Executions are further capped 
at $25,000 per month per initiating firm. The Exchange is not 
proposing to modify this $25,000 monthly cap. Mini options are 
excluded from the Strategy Cap. See Fee Schedule, available at, 
https://www.nyse.com/publicdocs/nyse/markets/arca-options/NYSE_Arca_Options_Fee_Schedule.pdf.
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    Strategy Executions that are eligible for the Strategy Cap would 
continue to be (a) reversals and conversions, (b) box spreads, (c) 
short stock interest spreads, (d) merger spreads, and (e) jelly rolls. 
As is the case today, Royalty fees associated with Strategy Executions 
on Index and Exchange Traded Funds would not be included in the 
calculation of the Strategy Cap, but would be passed through to trading 
participants on the Strategy Executions on a pro-rata basis. Similarly, 
manual Broker Dealer and Firm Proprietary Strategy trades that do not 
reach the $700 Strategy Cap would continue to be billed at $0.25 per 
contract.
    The use of these Strategy Executions benefits all market 
participants by increasing liquidity in general and allowing 
significant and complex trading interest to be brought together to 
enhance liquidity. By encouraging this type of business on the 
Exchange, the increased liquidity benefits all market participants. The 
Exchange believes the proposed change would continue to incentivize 
market participants to trade on the Exchange by capping option 
transaction charges related to various Strategy Executions.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\5\ in general, and furthers the 
objectives of Sections 6(b)(4) and (5) of the Act,\6\ in particular, 
because it would provide for the equitable allocation of reasonable 
dues, fees, and other charges among its members, issuers and other 
persons

[[Page 12652]]

using its facilities and does not unfairly discriminate between 
customers, issuers, brokers or dealers.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes that the proposed change is reasonable, 
equitable and not unfairly discriminatory because the reduced fee cap 
is designed to attract more volume and liquidity to the Exchange, which 
would benefit all Exchange participants through increased opportunities 
to trade as well as enhancing price discovery.
    Further, because the proposed change applies equally to all non-
Customers who may participate in Strategy Executions, the Exchange 
believes the reduced Strategy Cap is reasonable, equitable and not 
unfairly discriminatory. The Exchange notes that Customers are not 
charged transaction fees when participating in Strategy Executions and 
therefore are not subject to the Strategy Cap.
    Finally, the Exchange notes that the proposed $700 Strategy Cap is 
equivalent to the cap placed on various executions strategies by other 
exchanges.\7\
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    \7\ See, e.g., NASDAQ OMX PHLX LLC fee schedule, available at, 
http://www.nasdaqtrader.com/Micro.aspx?id=phlxpricing (capping at 
$700 transaction fees for all reversals, conversions, box spreads, 
and jelly roll strategies executed on the same trading day in the 
same option class); Chicago Board Options Exchange, Inc. fee 
schedule, available at, http://www.cboe.com/publish/feeschedule/CBOEFeeSchedule.pdf (capping at $700 transaction fees for all 
reversals, conversions, and jelly roll strategies executed on the 
same trading day in the same option class).
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    For these reasons, the Exchange believes that the proposal is 
consistent with the Act.

B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,\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 because the proposed changes apply uniformly to all 
Exchange members that incur transaction charges. To the contrary, the 
proposed change would continue to encourage members to transact 
strategies on the Exchange because the proposed fee caps are 
competitive with fee caps at other options exchanges.
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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. In 
such an environment, the Exchange must continually review, and consider 
adjusting, its fees and credits to remain competitive with other 
exchanges. For the reasons described above, the Exchange believes that 
the proposed rule change reflects this competitive environment.

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

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

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

    The foregoing rule change is effective upon filing pursuant to 
Section 19(b)(3)(A) \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-2015-09 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-NYSEARCA-2015-09. 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, on official business days between the 
hours of 10:00 a.m. and 3:00 p.m. Copies of the filing will also be 
available for inspection and copying at the NYSE's principal office and 
on its Internet Web site at www.nyse.com. 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-2015-09, and should be 
submitted on or before March 31, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-05483 Filed 3-9-15; 8:45 am]
 BILLING CODE 8011-01-P