[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)]
[Notices]
[Pages 39724-39726]
[FR Doc No: 2016-14312]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78050; File No. SR-NASDAQ-2016-081]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Eliminate the Limited WebLink ACT or Nasdaq Workstation Post Trade Fee
Tier Under Rule 7015(e)

June 13, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''), \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on June 3, 2016, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') 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 the
Substance of the Proposed Rule Change

    The Exchange proposes to amend Rule 7015(e) to eliminate the
limited WebLink ACT or Nasdaq Workstation Post Trade (``Post Trade'')
fee tier. While these amendments are effective upon filing, the
Exchange has designated the proposed amendments to be operative on June
1, 2016.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaq.cchwallstreet.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 Exchange 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 these statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant aspects of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to amend the Exchange's
access services fees at Rule 7015(e) to eliminate the limited Post
Trade fee tier. WebLink ACT \3\ and Nasdaq Workstation \4\ provide
connectivity to the FINRA/NASDAQ TRF (``TRF''). Under Rule 7015(e), the
Exchange provides members with the Post Trade service, which is a
front-end interface with the TRF for trade reporting and historical
trade reporting research.
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    \3\ WebLink ACT is a browser-based application that
electronically facilitates trade reporting and clearing functions
for trades reported to the FINRA/Nasdaq Trade Reporting Facility.
    \4\ The Nasdaq Workstation provides, among other things, a web-
based interface with Nasdaq's trade reporting system, ACT.
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    Currently, the Exchange provides two subscription tiers: (1) A full
functionality subscription for a monthly fee of $525; and (2) a
subscription limited to an average of 20 transactions \5\ per day each
month for a monthly fee of $275. In light of decreased subscribership
and increased fixed costs associated with offering Post Trade, the
Exchange is proposing to eliminate the limited subscription fee tier.
The Exchange will continue to offer the full functionality subscription
fee tier.\6\
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    \5\ For purposes of the service, a transaction is defined as an
original trade entry, either on trade date or as-of transactions per
month.
    \6\ Current subscribers to the limited subscription will be
automatically subscribed to the full subscription effective June 1,
2016, unless their subscription is cancelled prior to that date.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\7\ in general, and furthers the objectives of Sections
6(b)(4) and 6(b)(5) of the Act,\8\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees, and other
charges among members and issuers and other persons using any facility
or system which the Exchange operates or controls, and is not designed
to permit unfair discrimination 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 that applying the full Post Trade fee tier to
all subscribers, including current limited tier subscribers, is
reasonable because, as described below, the per-subscriber costs
associated with providing the limited subscription tier have increased
significantly. Nasdaq incurs the same fixed costs in offering Post
Trade, regardless of the number of transactions reported. These fixed
costs have increased while the overall number of subscribers to Post
Trade has declined due to consolidation among members and stagnant
growth in the industry overall.
    Furthermore, the Exchange incurs additional expense in monitoring
the number of individual subscriber transaction reports and calculating
a daily average per month for subscribers to the limited Post Trade
offering to ensure that their usage is consistent with the 20
transaction per day limitation. Coupled with decreased subscribership
to the limited tier in comparison to the full functionality tier,\9\
the relative cost of offering the limited Post Trade subscription has
increased significantly in relation to the full functionality
subscription tier.
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    \9\ The Exchange notes that less than ten percent of subscribers
to Post Trade choose the limited fee tier.
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    Instead of increasing all Post Trade fees, the Exchange has
determined to offer only the unlimited subscription, but with no
increase to that fee. Therefore, current subscribers to the limited
Post Trade fee tier will have to either subscribe to the full
functionality tier at the higher fee or choose an alternative means to
report their transactions to the TRF, of which there are several. For
example, a subscriber may develop its own in-house system to replicate
the Post Trade functionality, or alternatively use a third party order
management system to provide similar functionality.
    The Exchange believes that applying the full Post Trade fee tier to
all subscribers, including current limited tier subscribers, is an
equitable allocation and is not unfairly discriminatory because current
subscribers to the limited offering will have reasonable alternatives,
which include subscribing to the full functionality Post Trade offering
at a higher fee but with an unlimited number of transaction reports
during a month, developing their own internal system, or using a third
party order management system.
    As noted above, the Exchange has observed a reduction in the number
of subscribers to Post Trade, which has led to a smaller pool of
subscribers among which it can spread the fixed costs associated with
offering the service. With respect to the limited subscription tier,
the costs have increased significantly due to the small number of
subscribers in contrast to the full functionality subscription tier.
    Thus, the Exchange must either increase the limited functionality
fee significantly to a point that it is near the fee of the full
functionality offering, or eliminate the limited service altogether. As
explained, offering the limited Post Trade offering is costlier to the
Exchange because it must track the average number of transactions used
by a subscriber during the month to ensure that it is within the limits
required by the rule. Consequently, the Exchange is proposing to
eliminate the option that is costlier to the Exchange, while keeping
the fee of the remaining full functionality Post Trade subscription
tier the same.
    The Exchange also notes that, although current subscribers to a
limited Post Trade subscription will pay more under the full
functionality subscription, they will receive an unlimited number of
transaction reports per month in return. Thus, all subscribers to the
service will receive the same functionality for the same price, and the
Exchange will have the same cost per subscriber in offering the
service.
    Last, the Exchange notes that the service is voluntary and members
will continue to have the option to subscribe to the full functionality
fee tier or choose an alternative. For these reasons, the Exchange
believes that the proposed elimination of the limited offering fee is
an equitable allocation and is not unfairly discriminatory.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. In terms of inter-market
competition, 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.
    In such an environment, the Exchange must carefully assess the
potential impact that increasing a fee for a service may have on the
overall number of subscribers, balanced against the need to cover the
costs associated with

offering the service and also deriving a profit therefrom. As noted
above, this service is completely voluntary and market participants
have connectivity options for reporting to the TRF other than the
Exchange. Thus, market participants are able to readily choose a third
party offering if the Exchange's does not satisfy their needs or
perform the functionality in-house, rendering the degree to which fee
changes to this service may impose any burden on competition to be
extremely limited.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\10\
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    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

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-NASDAQ-2016-081 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-NASDAQ-2016-081. 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 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-NASDAQ-2016-081, and should
be submitted on or before July 8, 2016.
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    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-14312 Filed 6-16-16; 8:45 am]
 BILLING CODE 8011-01-P


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[Federal Register: March 23, 2007 (Volume 72, Number 56)]
[Notices]
[Page 13837-13839]
[DOCID:fr23mr07-132]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55486; File No. SR-BSE-2007-12]

Self-Regulatory Organizations; Boston Stock Exchange, Inc.;
Notice of Filing and Order Granting Accelerated Approval of Proposed
Rule Change To Apply Non-BeX Executed Trade Fee Retroactively

March 16, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 2, 2007, the Boston Stock Exchange, Inc. (``BSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons and to approve the
proposed rule change on an accelerated basis.
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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 BSE proposes to make SR-BSE-2007-11, a rule filing amending the
Boston Equities Exchange (``BeX'') fee schedule to include a
transaction fee to be charged to BSE Members who request a BeX Purchase
& Sale Blotter reflecting the transaction information related to the
execution of a single order, part of

which was executed on Boston Equities Exchange (``BeX'') and part of
which was executed at an away Trading Center, retroactively effective
for the time period February 1, 2007 through March 2, 2007. The text of
the proposed rule change is available on the Exchange's Web site
(http://www.bostonstock.com) and from the Commission's Public Reference

Room.

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

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

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

1. Purpose
    On November 20, 2006, the BSE filed SR-BSE-2006-44, a proposed rule
change that amended the existing BSE fee schedule and established a fee
schedule for the BeX, a facility of the Exchange.\3\ This proposed rule
change, among other things, deleted all Transaction Fees, Electronic
File Access and Processing Fees, and Floor Operation Fees from the BSE
fee schedule. The Transaction Fees and Electronic File Access and
Processing Fees that were deleted from the BSE fee schedule were
transferred to the BeX fee schedule.
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    \3\ See Securities Exchange Act Release No. 54795 (November 20,
2006), 71 FR 68850 (November 28, 2006) (Notice of Filing and
Immediate Effectiveness of SR-BSE-2006-44).
---------------------------------------------------------------------------

    On March 2, 2007, the BSE filed SR-BSE-2007-11, a proposed rule
change amending the BeX fee schedule to include a transaction fee that
was deleted from the BSE fee schedule but not transferred to the BeX
fee schedule as a part of BSE-2006-44.\4\ Specifically, the BSE fee
schedule contained a transaction fee titled ``Floor Brokered non-BSE
executions.'' The fee for Floor Brokered non-BSE executions was $.0005,
or $.05 per 100 shares. BSE Members were charged the Floor Brokered
non-BSE execution fee when the Member requested that the information
related to the execution of a single order, only a part of which had
been executed on the BSE with the remaining portion executed at an away
Trading Center, be reflected on a BSE Purchase & Sale Blotter rather
than having only the portion executed at the BSE reflected on the BSE
Purchase & Sale Blotter. In order to include the information related to
the portion of an order executed at a Trading Center other than the BSE
on a BSE Purchase & Sale Blotter, in other words, in order to
consolidate the transaction information on single report, the BSE
performed the necessary back office operations on behalf of the Member
so the transaction information, including the information related to
the portion of the order executed at an away Trading Center, would
appear on a BSE Purchase & Sale Blotter.
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    \4\ See Securities Exchange Act Release No. 55450 (March 13,
2007) (Notice of Filing and Immediate Effectiveness of SR-BSE-2007-
11).
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    In SR-BSE-2007-11 the Exchange proposed charging that same fee,
$.05 per 100 shares, for performing that same service, on behalf of BSE
members, including BeX EAMs, who request a BeX Purchase & Sale Blotter
reflecting the transaction information related to the execution of a
single order, part of which was executed on BeX and part of which was
executed at an away Trading Center. The fee would be titled ``Non-BeX
executed trades'' and would appear on the BeX fee schedule.\5\
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    \5\ Id.
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    The purpose of the instant filing is to make the Non-BeX executed
trade fee retroactively effective for the time period February 1, 2007
through March 2, 2007.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\6\ in general, and furthers
the objectives of Section 6(b)(4) of the Act,\7\ in particular, in that
it is designed to provide for the equitable allocation of reasonable
dues, fees, and other charges among Exchange Members and issuers and
other persons using Exchange facilities.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    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.

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

    The Exchange has neither solicited nor received comments on the
proposed rule change.

III. 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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-BSE-2007-12 on the subject line.

Paper Comments

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

    All submissions should refer to File No. SR-BSE-2007-12. This file
number should be included on the subject line if e-mail 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 inspection
and copying at the Commission's Public Reference Room. Copies of such
filing will also 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 with to make available publicly. All submissions should refer to
the file number in the caption above and should be submitted on or
before April 13, 2007.

IV. Commission Findings and Order Granting Accelerated Approval of
Proposed Rule Change

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\8\ In
particular, the Commission finds that proposed rule change is
consistent with Section 6(b)(4) of the Act, which requires that the
rules of the Exchange be designed to provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and issuers and other persons using its facilities.\9\ The
Commission believes that allowing the Exchange to charge the Non-BeX
executed trade fee retroactively for the time period February 1, 2007
through March 2, 2007, is appropriate because this fee would be charged
only to those members who affirmatively request that the Exchange
include information on the BSE Purchase & Sale Blotter with respect to
those executions resulting from a portion of an order sent to BeX being
routed to an away Trading Center.\10\ Further, the Commission notes
that the same fee for substantively the same service had been charged
to BSE members prior to the changes made to the fee schedule in SR-BSE-
2006-44,\11\ and the fee was reinstated pursuant to SR-BSE-2007-11,
beginning March 2, 2007.\12\
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    \8\ In approving this proposal, the Commission has considered
its impact on efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
    \9\ 15 U.S.C. 78f(b)(4).
    \10\ According to the Exchange, other information included on
the BSE Purchase & Sale Blotter in PDF format is provided to members
free of charge.
    \11\ See note 3, supra.
    \12\ See note 4, supra.
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    Accordingly, the Commission finds good cause pursuant to Section
19(b)(2) of the Act \13\ for approving the proposed rule change prior
to the thirtieth day after publication of the proposed rule change in
the Federal Register. As noted above, the Commission believes that the
Non-BeX executed trade fee is substantively similar to the Floor
Brokered Execution fee, which was previously charged to BSE members for
providing substantially the same service for which the Non-BeX executed
trade fee would be charged to BSE members, and therefore no novel
regulatory issues related to this fee are present.
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    \13\ 15 U.S.C. 78s(b)(2).
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V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\14\ that the proposed rule change (SR-BSE-2007-12), is hereby
approved on an accelerated basis.
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    \14\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-5309 Filed 3-22-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 94 (Tuesday, May 18, 2021)]
[Notices]
[Pages 26914-26915]
[FR Doc No: 2021-10417]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.

    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for electronic review at the Commission in the Public
Reference Room or may be viewed on the Commission's website at http://www.ferc.gov using the eLibrary link. Enter the docket number,
excluding the last three digits, in the docket number field to access
the document. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

------------------------------------------------------------------------
                                                        Presenter or
            Docket Nos.                File date          requester
------------------------------------------------------------------------
Prohibited:
    1. P-1494-438.................       4-30-2021  FERC Staff.\1\
    2. P-1494-438.................        5-4-2021  FERC Staff.\2\
    3. P-1494-438.................       5-11-2021  FERC Staff.\3\
    4. P-1494-438.................       5-12-2021  FERC Staff.\4\
Exempt:
    NONE..........................
------------------------------------------------------------------------
\1\ Emailed comments dated 4/30/2021 from Jerry Mawhorter.
\2\ Emailed comments dated 5/3/2021 from Lasha Wells.
\3\ Emailed comments dated 5/5/2021 from Lasha Wells.
\4\ Emailed comments dated 5/11/2021 from Bryer Marnin.

    Dated: May 12, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-10417 Filed 5-17-21; 8:45 am]
BILLING CODE 6717-01-P