[Federal Register Volume 80, Number 199 (Thursday, October 15, 2015)]
[Notices]
[Pages 62131-62132]
[FR Doc No: 2015-26149]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76114; File No. SR-NYSEArca-2015-89]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending the NYSE
Arca Equities Schedule of Fees and Charges for Exchange Services

October 8, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that, on October 1, 2015, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 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 Equities Schedule of
Fees and Charges for Exchange Services (``Fee Schedule''). The Exchange
proposes to implement the change on October 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 Exchange proposes to amend the Routable Retail Order Tier
(``Routable Retail'') applicable to Tape C Securities on the Fee
Schedule. Currently, the Routable Retail pricing tier provides ETP
Holders, including Market Makers, that (1) provide liquidity of 0.20%
or more of the US consolidated average daily volume (``CADV'') during a
billing month across all Tapes, (2) maintain a ratio during a billing
month across all Tapes of executed provide liquidity that is eligible
to route away from the Exchange (``Routable Orders'') \3\ to total
executed provide liquidity of 55% or more, and (3) execute an ADV of
Retail Orders \4\ that provide liquidity during the month that is 0.10%
or more of the US CADV, with a credit of $0.0032 per share for Routable
and non-Routable Orders in Tape C Securities that provide liquidity to
the Book and a fee of $0.0030 per share in Tape C Securities that take
liquidity from the Book.\5\
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    \3\ ETP Holders are able to include an instruction with their
orders to determine whether the order will be eligible to route to
an away exchange (e.g., to execute against trading interest with a
better price than on the Exchange) or, for example, be cancelled if
routing would otherwise occur.
    \4\ Retail Orders are defined in the Fee Schedule as orders
designated as retail orders and that meet the requirements of Rule
7.44(a)(3), but that are not executed in the Retail Liquidity
Program. The Retail Liquidity Program is a pilot program designed to
attract additional retail order flow to the Exchange for NYSE Arca-
listed securities and securities traded pursuant to unlisted trading
privileges while also providing the potential for price improvement
to such order flow. See Rule 7.44. See Securities Exchange Act
Release No. 71176 (December 23, 2013), 78 FR 79524 (December 30,
2013) (SR-NYSEArca-2013-107).
    \5\ See Basic Rate. Basic Rates are applicable when tier rates
do not apply.
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    The Exchange proposes to lower the per share fee for Routable and
non-Routable Orders in Tape C Securities that take liquidity from the
Book to $0.0029 per share.\6\ The Exchange proposes to implement the
change on October 1, 2015.
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    \6\ The Exchange recently submitted a proposed rule change to
make a number of changes to the Fee Schedule to be implemented on
October 1, 2015, including lowering the fee for orders in Tape C
Securities tiers that take liquidity from the Book in certain
pricing tiers. The Exchange intended to include the change proposed
by this filing in the earlier filing but inadvertently failed to do
so and is therefore submitting this proposed rule change separately.
See SR-NYSEArca-2015-87.
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    The proposed changes are not otherwise intended to address any
other issues, and the Exchange is not aware of any problems that ETP
Holders 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,\7\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\8\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes the proposed change to the Routable Retail
Order Tier is reasonable and equitably allocated because it would apply
to all Routable and non-Routable Orders sent by ETP Holders and Market
Makers in Tape C Securities that take liquidity from the Book and the
proposed lower fee would serve to incentivize these market participants
to direct order flow to the Exchange rather than to a competing market.
The Exchange believes that it is equitable and not unfairly
discriminatory to charge a lower fee to ETP Holders, including Market
Makers, because these market participants make significant
contributions to market quality by providing higher volumes of
liquidity, which benefits all market participants. The Exchange further
believes that the proposed fee change is equitable and not unfairly
discriminatory because the lowered fees would apply to all similarly
situated ETP Holders, including Market Makers, equally.
    Additionally, the Exchange, in an earlier filing, proposed to lower
the per share fee for orders in Tape C Securities that take liquidity
from the Book in a number of pricing tiers and is extending that same
fee to the Routable Retail Order Tier which it intended to do in the
earlier filing.
    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 reasons, the Exchange
believes that the proposal is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\9\ the Exchange
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, the Exchange believes that the proposed
fee change will encourage competition,

including by attracting additional liquidity to the Exchange, which
will make the Exchange a more competitive venue for, among other
things, order execution and price discovery. 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
promotes a competitive environment.
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    \9\ 15 U.S.C. 78f(b)(8).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \10\ of the Act and subparagraph (f)(2) of Rule
19b-4 \11\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \12\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \12\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2015-89 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-2015-89. 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 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-2015-89 and should
be submitted on or before November 5, 2015.
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    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-26149 Filed 10-14-15; 8:45 am]
BILLING CODE 8011-01-P


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request EPA, OAR, OAP, GPD 2. OMB control number b. G None a_ 2 0 6 0  0247 __ __ __ __

3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c.

Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a.

Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes

No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a.

Three years from approval date b. G Other Specify: / /___

7. Title Stratospheric Ozone Protection, Servicing of Motor Vehicle Air Conditioners CFR 40 Subpart B ( 82.30 et. seq.)

8. Agency form number( s) ( If applicable) ICR 1617.04 9. Keywords Air Pollution Control, Motor Vehicle Pollution, Clean Air Act 10. Abstract In 1992, EPA developed regulations under Section 609 of the Clean Air Act Amendments of 1990 ( the Act) for the recycling of chlorofluorocarbons in motor vehicle air conditioners ( MVACs). The regulations were published in 57 FR 31240, and are codified at 40 CFR Subpart B ( Section 82.30 et seq.). The regulations establish standards and requirements for the servicing of MVACs that use any refrigerant other than CFC 12. The information requested for all entities that service motor vehicle air conditioning is required by Section 609( d) of the Act. Proposed automotive technician certification programs are required to be approved by EPA in Section 609( d)( 4). Section 609( b)( 2)( A) requires the approval of independent laboratories by EPA. The submission of data for EPA determination of substantially identical equipment is addressed by Section 609( B)( 2)( B). The recordkeeping requirements for the motor vehicle recycling program are derived from Section 114 of the Act.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d.  Farms b . P Business or other for profit e.  Federal Government c.  Not for profit institutions f.  State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c.

Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 24,036 b. Total annual responses 26,012 1. Percentage of these responses collected electronically 0 % c. Total hours requested 6,524 d. Current OMB inventory 8,812 e. Difference 2,288 f. Explanation of difference 1. Program Change 0 2. Adjustment 2,288 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs 0 b. Total annual costs ( O& M) 0 c. Total annualized cost requested 0 d. Current OMB inventory 0 e. Difference 0 f. Explanation of difference 1. Program change 0 2. Adjustment 0 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. Program planning or management b. P Program evaluation f. __ Research c. __ General purpose statistics g. X_ Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a.

Recordkeeping b. Q Third party disclosure c.

Reporting 1.

On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. Q Semi annually 6. Q Annually 7. Q Biannually 8. Q Other ( describe) 17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Nancy Smagin Phone: 202 564 9126 OMB 83 I 10/ 95