[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Notices]
[Page 30162]
[FR Doc No: 2018-13854]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL18-175-000]

American Municipal Power, Inc.; Notice of Filing

    Take notice that on June 20, 2018, American Municipal Power, Inc.
submitted a filing of proposed cost-based revenue requirement for the
provision of Reactive Supply and Voltage Control from Generation or
Other Sources Service under Schedule 2 of the PJM Interconnection,
L.L.C. Open Access Transmission Tariff.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
eLibrary link and is available for review in the Commission's Public
Reference Room in Washington, DC. There is an eSubscription link on the
website that enables subscribers to receive email notification when a
document is added to a subscribed docket(s). For assistance with any
FERC Online service, please email [email protected], or call
(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on July 11, 2018.

    Dated: June 21, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-13854 Filed 6-26-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 78 (Monday, April 23, 2018)]
[Notices]
[Pages 17707-17708]
[FR Doc No: 2018-08374]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications for modification of special permits.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein. Each mode of transportation for which a
particular special permit is requested is indicated by a number in the
``Nature of Application'' portion of the table below as follows: 1--
Motor vehicle, 2--Rail freight, 3--Cargo vessel, 4--Cargo aircraft
only, 5--Passenger-carrying aircraft.

DATES: Comments must be received on or before May 8, 2018.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration U.S. Department of Transportation Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of
Hazardous Materials Approvals and Permits Division, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-30, 1200 New
Jersey Avenue Southeast, Washington, DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on April 3, 2018.
Donald Burger,
Chief, General Approvals and Permits Branch.

------------------------------------------------------------------------
                                                        Nature of the
 Application No.     Applicant      Regulation(s)      special permits
                                       affected            thereof
------------------------------------------------------------------------
                          SPECIAL PERMITS DATA
------------------------------------------------------------------------
8757-M..........  Special Permits  173.201(c),      To modify the
                   Data Milton      173.202(c),      special permit to
                   Roy, LLC.        173.203(c),      authorize the
                                    173.302a(a)(1)   addition of welded
                                    ,                lower pressure
                                    173.304a(a)(1)   cylinders in
                                    , 180.205.       addition to the
                                                     seamless cylinders
                                                     already authorized.
                                                     (modes 1, 2, 3, 4)
11526-M.........  Linde Gas North  172.203(a),      To modify the
                   America LLC.     173.302a(b),     special permit to
                                    180.205(a),      authorize the
                                    180.205(c),      removal of annual
                                    180.205(f),      gain linearity
                                    180.205(g),      requirement, update
                                    180.209(a),      RIN locations and
                                    180.209(b),      update the language
                                    180.209(g).      on area corrosion
                                                     patch requirement.
                                                     (modes 1, 2, 3, 4,
                                                     5)
12399-M.........  Linde Gas North  172.203(a),      To modify the
                   America LLC.     172.301(c),      special permit to
                                    180.205.         remove the annual
                                                     reporting
                                                     requirement, to
                                                     adjust the check
                                                     gain control
                                                     accuracy
                                                     requirement from
                                                     annually to checked
                                                     for a new
                                                     Ultrasonic System
                                                     and to update the
                                                     language3 on min-
                                                     wall patch
                                                     requirements.
                                                     (modes 1, 2, 3, 4,
                                                     5)
12748-M.........  Lockheed Martin  172.301(a),      To modify the
                   Corporation.     173.62, 173.62.  special permit to
                                                     authorize
                                                     additional 1.1D
                                                     explosives. (mode
                                                     1)
13208-M.........  Provensis LTD..  172.400,         To modify the
                                    172.500,         special permit to
                                    172.200,         add additional
                                    173.302a(a)(1).  hazmat to bring
                                                     permit in line with
                                                     international
                                                     standards. (modes
                                                     1, 2, 3, 4)

13208-M.........  BTG              172.400,         To modify the
                   International    172.500,         special permit to
                   Limited.         172.200,         authorize an
                                    173.302a(a)(1).  additional hazmat
                                                     to bring the permit
                                                     in line with
                                                     international
                                                     regulations. (modes
                                                     1, 2, 3, 4)
13250-M.........  Pacific          173.302a(a)(1),  To modify the
                   Consolidated     173.304a(a)(1).  special permit to
                   Industries LLC.                   authorize an
                                                     extension of
                                                     cylinder life
                                                     utilizing the Modal
                                                     Acoustic Emission
                                                     (MAE) test method.
                                                     (modes 1, 2, 3, 4,
                                                     5)
14509-M.........  Pacific          173.302(a),      To modify the
                   Consolidated     173.302(f)(3),   special permit to
                   Industries LLC.  173.302(f)(4),   authorize an
                                    173.302(f)(5),   extension of
                                    173.304(a),      cylinder life
                                    175.501(e)(3).   utilizing the Modal
                                                     Acoustic Emission
                                                     (MAE) test method.
                                                     (modes 1, 2, 3, 4,
                                                     5)
20435-M.........  Atieva USA INC.  172.101(j),      To modify the
                                    173.185(a).      special permit to
                                                     authorize the
                                                     transportation in
                                                     commerce of lithium
                                                     ion batteries in
                                                     excess of 35 kg by
                                                     cargo-only
                                                     aircraft. (modes 1,
                                                     2, 4)
20549-M.........  Cornerstone      172.400,         To modify the
                   Architectural    172.700(a),      special permit to
                   Products LLC.    172.102(c)(1),   authorize a
                                    172.200,         specially designed
                                    172.300.         packaging filled
                                                     with a material
                                                     formulated to
                                                     suppress lithium
                                                     battery fires and
                                                     absorb the smoke,
                                                     gases and flammable
                                                     electrolyte
                                                     associate with
                                                     those fires. (modes
                                                     1, 3)
------------------------------------------------------------------------

[FR Doc. 2018-08374 Filed 4-20-18; 8:45 am]
 BILLING CODE 4909-60-P


[Federal Register Volume 79, Number 186 (Thursday, September 25, 2014)]
[Notices]
[Pages 57653-57654]
[FR Doc No: 2014-22144]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Notice of Applications for Certificates of Public Convenience and
Necessity and Foreign Air Carrier Permits Filed Under Subpart B
(Formerly Subpart Q) During the Week Ending August 9, 2014

    The following Applications for Certificates of Public Convenience
and Necessity and Foreign Air Carrier Permits were filed under Subpart
B (formerly Subpart Q) of the Department of Transportation's Procedural
Regulations (See 14 CFR 302.201 et. seq.). The due date for Answers,
Conforming Applications, or Motions to Modify Scope are set forth below
for each application. Following the Answer period DOT may process the
application by expedited procedures. Such procedures may consist of the
adoption of a show-cause order, a tentative order, or in appropriate
cases a final order without further proceedings.
    Docket Number: DOT-OST-2014-0134.
    Date Filed: August 5, 2014.
    Due Date for Answers, Conforming Applications, or Motion to Modify
Scope: August 26, 2014.
    Description: Application of Aeroenlaces Nacionales, S.A. de C.V.(d/
b/a vivaAerobus) requesting an exemption authorizing it to engage in
scheduled foreign airtransport of persons, property and mail between
Houston, Texas and Cancun, Mexico. In addition, vivaAerobus requests
that the Department amend the carrier's foreign air carrier permit to
integrate the

exemption authority requested and vivaAerobus's existing exemption
authority to eliminate the need to apply for repeated renewals of the
exemption authority.

Barbara J. Hairston,
Supervisory Dockets Officer, Docket Operations, Federal Register
Liaison.
[FR Doc. 2014-22144 Filed 9-24-14; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 84, Number 225 (Thursday, November 21, 2019)]
[Notices]
[Pages 64317-64318]
[FR Doc No: 2019-25230]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R08-OAR-2012-0479; FRL-10000-11-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Federal Implementation Plan for Oil and
Natural Gas Well Production Facilities, Fort Berthold Indian
Reservation (Mandan, Hidatsa, and Arikara Nation), North Dakota
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), Federal Implementation Plan for
Oil and Natural Gas Well Production Facilities, Fort Berthold Indian
Reservation (Mandan, Hidatsa, and Arikara Nation), North Dakota (EPA
ICR Number 2478.03, OMB Control Number 2008-0001) to the Office of
Management and Budget (OMB) for review and approval in accordance with
the Paperwork Reduction Act. This is a proposed extension of the ICR,
which is currently approved through January 31, 2020. Public comments
were previously requested via the Federal Register on June 5, 2019
during a 60-day comment period. This notice allows for an additional 30
days for public comments. A fuller description of the ICR is given
below, including its estimated burden and cost to the public. An agency
may not conduct or sponsor and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.

DATES: Additional comments may be submitted on or before December 23,
2019.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-R08-
OAR-2012-0479, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW, Washington, DC 20460, and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Gail Fallon, U.S. Environmental
Protection Agency, Region 8, Air and Radiation Division, (Mail Code
8ARD-PM), 1595 Wynkoop Street, Denver, Colorado 80202-1129; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: This ICR covers information collection requirements in
the final Federal Implementation Plan (FIP) for Oil and Natural Gas
Well Production Facilities; Fort Berthold Indian Reservation (Mandan,
Hidatsa, and Arikara Nation), North Dakota (40 CFR part 49, subpart K,
Sec. Sec.  [thinsp]49.4161 through 49.4168), herein referred to as the
FBIR FIP. In general, owners or operators are required to: (1) Conduct
certain monitoring; (2) keep specific records to be made available at
the EPA's request; and (3) to prepare and submit an annual report (40
CFR part 49, subpart K, Sec. Sec.  [thinsp]49.4166 through 49.4168).
These records and reports are necessary for the EPA Administrator (or
the tribal agency if delegated), for example, to: (1) confirm
compliance status of stationary sources; (2) identify any stationary
sources not subject to the requirements and identify stationary sources
subject to the regulations; and (3) ensure that the stationary source
control requirements are being achieved. All information submitted to
us pursuant to the recordkeeping and reporting requirements for which a
claim of confidentiality is made is safeguarded according to the agency
policies set forth in 40 CFR part 2, subpart B.

    Form Numbers: None.
    Respondents/affected entities: Owners or operators of oil and
natural gas facilities.
    Respondent's obligation to respond: Mandatory (42 U.S.C. 7414).
    Estimated number of respondents: 7,326 (total).
    Frequency of response: On occasion, annually.
    Total estimated burden: 112,000 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $24,900,000 (per year), includes $20,850,000
annualized capital and operation & maintenance costs.
    Changes in the Estimates: There is an increase of 67,539 hours in
the total estimated respondent burden compared with the ICR currently
approved by OMB. The increase in total estimated respondent burden
hours is due to the anticipated industry growth projected to occur over
the next three-year period of this ICR.

 Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2019-25230 Filed 11-20-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 179 (Monday, September 18, 2023)]
[Notices]
[Pages 63993-63996]
[FR Doc No: 2023-20078]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98355; File No. SR-NYSEARCA-2023-61]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend Rule
5.3-O (Criteria for Underlying Securities) To Accelerate the Listing of
Options on Certain IPOs

September 12, 2023.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on August 31, 2023, NYSE Arca, Inc. (``NYSE Arca'' or the
``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 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 Rule 5.3-O (Criteria for Underlying
Securities). 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 purpose of the proposed rule change is to amend Rule 5.3-O
(Criteria for Underlying Securities) (Criteria for Underlying
Securities) (the ``Rule''). The Exchange is proposing a listing rule
change that is substantially similar in all material respects to the
proposal approved for NYSE American LLC (``NYSE American'').\4\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 98013 (July 27,
2023) 88 FR 50927 (August 2, 2023) (SR-NYSEAMER-2023-27) (Order
Granting Approval of a Proposed Rule Change to Amend Rule 915
(Criteria for Underlying Securities) to Accelerate the Listing of
Options on Certain IPO).
---------------------------------------------------------------------------

    Following discussions with other exchanges and a cross-section of
industry participants and in coordination with the Listed Options
Market Structure Working Group (``LOMSWG'') (collectively, the
``Industry Working Group''), NYSE American filed a proposed rule
change, which was recently approved, to modify the standard for the
listing and trading of options on ``covered securities'' to reduce the
time to market in Rule 915 (Criteria for Underlying Securities).\5\ At
this time, the Exchange proposes to adopt an identical rule.
---------------------------------------------------------------------------

    \5\ See id. See NYSE American Rule 915, Commentary
.01(4)(a)(ii).
---------------------------------------------------------------------------

    Rule 5.3-O(a) sets forth the guidelines to be considered in
evaluating for option transactions underlying securities that are
``covered securities,'' as defined in Section 18(b)(1)(A) of the
Securities Act of 1933 (hereinafter ``covered security'' or ``covered
securities'').\6\ Currently, the Exchange permits the listing of an
option on an underlying covered security that, amongst other things,
has a market price of at least $3.00 per share for the previous three
consecutive business days preceding the date on which the Exchange
submits a certificate to The Options Clearing Corporation (``OCC'') to
list and trade options on the underlying security (the ``three-day
lookback period'').\7\ Under the current rule, if an initial public
offering (``IPO'') occurs on a Monday, the earliest date the Exchange
could submit its listing certificate to OCC would be on Thursday, with
the market price determined by the closing price over the three-day
lookback period from Monday through Wednesday. The option on the IPO'd
security would then be eligible for trading on the Exchange on Friday
(i.e., within four business days of the IPO inclusive of the day the
listing certificate is submitted to OCC).
---------------------------------------------------------------------------

    \6\ Rule 5.3-O requires that, for underlying securities to be
eligible for option transactions, such securities must be duly
registered and be an ``NMS stock'' as defined in Rule 600 of
Regulation NMS under the Act and will be characterized by a
substantial number of outstanding shares which are widely held and
actively traded. See Rule 5.3-O(a)--(b).
    \7\ See Rule 5.3-O (a)(4)(A). The Exchange is not proposing to
make any changes to the guidelines for listing securities that are
not a ``covered security.'' See Rule 5.3-O (a)(4)(B).
---------------------------------------------------------------------------

    The Exchange notes that the three-day look back period helps ensure
that options on underlying securities may be listed and traded in a
timely manner while also allowing time for OCC to accommodate the
certification request. However, there are certain large IPOs that issue
high-priced securities--well above the $3.00 per share threshold--that
would obviate the need for the three-day lookback period. In this
regard, NYSE American noted in its rule change that the Industry
Working Group has recently identified proposed changes that would help
options on covered securities that have a market capitalization of at
least $3 billion based upon the offering price of its IPO come to
market earlier.\8\ The proposed change, which is intended to be
harmonized across options exchanges, is designed to provide investors
the opportunity to hedge their interest in IPO investments in a shorter
amount of time than what is currently permitted.\9\ The Exchange
believes that options serve a valuable tool to the trading community
and help markets function efficiently by mitigating risk. To that end,
the Exchange believes that the absence of options in the early days
after an IPO may heighten volatility in the trading of IPO'd
securities.\10\
---------------------------------------------------------------------------

    \8\ See supra note 4.
    \9\ While the Exchange acknowledges that market participants may
utilize options for speculative purposes (in addition to as a
hedging tool), the Exchange believes (as set forth below) that its
existing surveillance technologies and procedures adequately address
potential violations of exchange rules and federal securities laws
applicable to trading on the Exchange.
    \10\ See proposed Rule 5.3-O(a)(4)(A)(ii). To align the proposed
rule with NYSE American Rule 915, the Exchange proposes two non-
substantive changes: first, to number the existing and proposed
criteria for covered securities as (i) and (ii) of paragraph
(a)(4)(A); second, to delete now-extraneous text from proposed
paragraph (a)(4)(A)(i), each of which change would add clarity and
transparency to Exchange rules. See proposed Rule 5.3-O
(a)(4)(A)(i). See also NYSE American Rule 915, Commentary
.01(4)(a)(i).
---------------------------------------------------------------------------

    Accordingly, the Exchange proposes to modify Rule 5.3-O to waive
the three-day lookback period for covered securities that have a market
capitalization of at least $3 billion based upon the offering price of
the IPO of such securities and to allow options on such securities to
be listed and traded starting on or after the second business day
following the initial public offering day (i.e., not inclusive of the
day of the IPO).\11\ NYSE American noted in its rule change that it
reviewed trading data for IPO'd securities dating back to 2017 and is
unaware of any such security that achieved a market capitalization of
$3 billion based upon the offering price of its IPO that would not have
also qualified for listing options based on the three-day lookback
requirement.\12\ Specifically, NYSE American stated in its rule change
that it determined that 202 of the 1,179 IPOs that took place between
January 1, 2017, and October 21, 2022, met the $3 billion market
capitalization/IPO offering price threshold. Options on all 202 of
those IPO shares subsequently satisfied the three-day lookback
requirement for listing and trading, i.e., none of these large IPOs
closed below the $3.00/share threshold during its first three days of
its trading.\13\ As such, the Exchange believes the proposed
capitalization threshold of $3 billion based upon the offering price of
its IPO is appropriate.
---------------------------------------------------------------------------

    \11\ The Exchange acknowledges that the Options Listing
Procedures Plan (or ``OLPP'') requires that the listing certificate
be provided to OCC no earlier than 12:01 a.m. and no later than
11:00 a.m. (Chicago time) on the trading day prior to the day on
which trading is to begin. See the OLPP, at p. 3., available here:
https://www.theocc.com/getmedia/198bfc93-5d51-443c-9e5b-fd575a0a7d0f/options_listing_procedures_plan.pdf. The OLPP is a
national market system plan that, among other things, sets forth
procedures governing the listing of new options series.
    \12\ See supra note 4.
    \13\ See supra note 4.
---------------------------------------------------------------------------

    Under the proposed rule, if an IPO for a company with a market
capitalization of $3 billion based upon the offering price of its IPO
occurs on a Monday, the Exchange could submit its listing certificate
to OCC (to list and trade options on the IPO'd security) as soon as all
the other requirements for listing are satisfied. If, on Tuesday, all
requirements are deemed satisfied, the IPO'd security could then be
eligible for trading on the Exchange on Wednesday (i.e., starting on or
after the second business day following the IPO day). Thus, the
proposal could potentially accelerate the listing of options on IPO'd
securities by two days.
    The Exchange believes the proposed change would allow options on
IPO'd securities to come to market sooner

without sacrificing investor protection. The Exchange represents that
trading in IPO'd securities--like all other securities traded on the
Exchange--is subject to surveillances administered by the Exchange and
to cross-market surveillances administered by FINRA on behalf of the
Exchange. Those surveillances are designed to detect violations of
Exchange rules and applicable federal securities laws.\14\ The Exchange
represents that those surveillances are adequate to reasonably monitor
Exchange trading of IPO'd securities in all trading sessions and to
reasonably deter and detect violations of Exchange rules and federal
securities laws applicable to trading on the Exchange.\15\ As such, the
Exchange believes that its existing surveillance technologies and
procedures, coupled with its findings related to the IPOs reviewed as
described herein, adequately address potential concerns regarding
possible manipulation or price stability.
---------------------------------------------------------------------------

    \14\ FINRA conducts cross-market surveillances on behalf of the
Exchange pursuant to a regulatory services agreement. The Exchange
is responsible for FINRA's performance under this regulatory
services agreement.
    \15\ See supra note 9.
---------------------------------------------------------------------------

Implementation Date
    The Exchange will announce the effective date of the proposed
change by Trader Update distributed to all OTP Holders, which will be
no later than sixty-days after the effective date of this proposal.\16\
---------------------------------------------------------------------------

    \16\ An ``OTP Holder'' refers to a natural person, sole
proprietorship, partnership, corporation, limited liability company
or other organization, in good standing that has been issued an ATP.
See Rule 1.1. An ``OTP'' is an Options Trading Permit issued by the
Exchange for effecting approved securities transactions on the
Exchange. See id.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\17\ Specifically, the Exchange believes the proposed rule change
is consistent with the Section 6(b)(5) \18\ requirements that the rules
of an exchange be designed to prevent fraudulent and manipulative acts
and practices, to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the Exchange believes the proposed change would
facilitate options transactions and would remove impediments to and
perfect the mechanism of a free and open market and a national market
system, which would, in turn, protect investors and the public interest
by providing an avenue for options on IPO'd securities to come to
market earlier. The Exchange notes that the three-day look back period
helps ensure that options on underlying securities may be listed and
traded in a timely manner while also allowing time for OCC to
accommodate the certification request. However, there are certain large
IPOs that issue high-priced securities--well above the $3.00 per share
threshold--that would obviate the need for the three-day lookback
period. As noted above, NYSE American noted that it reviewed trading
data for IPO'd securities dating back to 2017 and is unaware of an
IPO'd security with a market capitalization of $3 billion or more
(based upon the offering price of its IPO) that subsequently would have
failed to qualify for listing and trading as options under the three-
day lookback requirement. The Exchange believes that the proposed
amendment, which would be harmonized across options exchanges, would
remove impediments to and perfect the mechanism of a free and open
market and a national market system by providing an avenue for
investors to hedge their interest in IPO investments in a shorter
amount of time than what is currently permitted. The Exchange believes
that options serve a valuable tool to the trading community and help
markets function efficiently by mitigating risk. To that end, the
Exchange believes that the absence of options in the early days after
an IPO may heighten volatility to IPO'd securities.\19\
---------------------------------------------------------------------------

    \19\ See supra note 9.
---------------------------------------------------------------------------

    Further, as noted herein, the Exchange believes the proposed change
would allow options on IPO'd securities to come to market sooner (i.e.,
at least two business days post-IPO not inclusive of the day of the
IPO) without sacrificing investor protection. The Exchange represents
that trading in IPO'd securities--like all other securities traded on
the Exchange--is subject to surveillances administered by the Exchange
and to cross-market surveillances administered by FINRA on behalf of
the Exchange. Those surveillances are designed to detect violations of
Exchange rules and applicable federal securities laws.\20\ The Exchange
represents that those surveillances are adequate to reasonably monitor
Exchange trading of IPO'd securities in all trading sessions and to
reasonably deter and detect violations of Exchange rules and federal
securities laws applicable to trading on the Exchange, including
wrongful efforts to manipulate the prices of those securities in order
to bring them in compliance with the $3.00/share threshold for the
listing of options. As such, the Exchange believes that its existing
surveillance technologies and procedures, coupled with NYSE American's
findings related to the IPOs reviewed as described herein, would
adequately address potential concerns regarding possible manipulation
or price stability.
---------------------------------------------------------------------------

    \20\ FINRA conducts cross-market surveillances on behalf of the
Exchange pursuant to a regulatory services agreement. The Exchange
is responsible for FINRA's performance under this regulatory
services agreement.
---------------------------------------------------------------------------

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.
    The Exchange anticipates that the other options exchanges will
adopt substantively similar proposals, such that there would be no
burden on intermarket competition from the Exchange's proposal.
Accordingly, the proposed change is not meant to affect competition
among the options exchanges. For these reasons, the Exchange believes
that the proposed rule change reflects this competitive environment and
does not impose any undue burden on intermarket competition.

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 Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \21\ and Rule 19b-4(f)(6) thereunder.\22\
Because the proposed rule change does not: (i) significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on

competition; and (iii) become operative prior to 30 days from the date
on which it was filed, or such shorter time as the Commission may
designate, if consistent with the protection of investors and the
public interest, the proposed rule change has become effective pursuant
to Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \22\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \23\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\24\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange requested
the waiver, stating that the proposal harmonizes its rules to those of
NYSE American to ensure fair competition among the options exchanges.
Further, the proposed change would allow options on IPO'd securities to
come to market sooner (i.e., at least two business days post-IPO not
inclusive of the day of the IPO) without sacrificing investor
protection. For these reasons, and because the proposed rule change
does not raise any novel legal or regulatory issues, the Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest. Therefore, the
Commission hereby waives the 30-day operative delay and designates the
proposal operative upon filing.\25\
---------------------------------------------------------------------------

    \23\ 17 CFR 240.19b-4(f)(6).
    \24\ 17 CFR 240.19b-4(f)(6)(iii).
    \25\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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) \26\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NYSEARCA-2023-61 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-2023-61. 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
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-NYSEARCA-2023-61 and should
be submitted on or before October 10, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
---------------------------------------------------------------------------

    \27\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-20078 Filed 9-15-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 201 (Thursday, October 17, 2019)]
[Notices]
[Pages 55603-55608]
[FR Doc No: 2019-22700]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87292; File No. SR-NYSEArca-2019-70]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE
Arca Equities Fees and Charges

October 11, 2019.
    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 October 1, 2019, NYSE Arca, Inc. (``NYSE Arca'' or the
``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.
---------------------------------------------------------------------------

    \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 the NYSE Arca Equities Fees and
Charges (``Fee Schedule'') to (1) modify the requirements associated
with the Step Up Tier 4, and (2) adopt a new pricing tier, Tape B Step
Up Tier. The Exchange proposes to implement the fee changes effective
October 1, 2019. 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 the Fee Schedule to (1) modify the
volume requirements applicable to ETP Holders (including Market Makers)
to qualify for the per share credits for orders that provide displayed
liquidity under the Step Up Tier 4,\4\ and (2) adopt a new pricing
tier, the Tape B Step Up Tier.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 85311 (March 14,
2019), 84 FR 10348 (March 20, 2019) (SR-NYSEArca-2019-10).
---------------------------------------------------------------------------

    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 ETP Holders \5\ to
send additional displayed liquidity to the Exchange.
---------------------------------------------------------------------------

    \5\ All references to ETP Holders in connection with the Step Up
Tier 4 and the Tape B Step Up Tier include Market Makers.
---------------------------------------------------------------------------

    The Exchange proposes to implement the fee changes effective
October 1, 2019.
Background
    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.'' \6\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
---------------------------------------------------------------------------

    As the Commission itself recognized, the market for trading
services in NMS stocks has become ``more fragmented and competitive.''
\7\ Indeed, equity trading is currently dispersed across 13
exchanges,\8\ 31 alternative trading systems,\9\ and numerous broker-
dealer internalizers and wholesalers, all competing for order flow.
Based on publicly-available information for

August 2019, no single exchange has more than 19% market share (whether
including or excluding auction volume).\10\ Therefore, no exchange
possesses significant pricing power in the execution of equity order
flow. More specifically, in August 2019, the Exchange had 8.2% market
share of executed volume of equity trades (excluding auction
volume).\11\
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 51808, 84 FR 5202,
5253 (February 20, 2019) (File No. S7-05-18) (Final Rule).
    \8\ See Cboe 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.
    \9\ 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.
    \10\ See Cboe Global Markets U.S. Equities Market Volume
Summary, available at http://markets.cboe.com/us/equities/market_share/.
    \11\ See id.
---------------------------------------------------------------------------

    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. While it is not possible to know a firm's reason for shifting
order flow, the Exchange believes that one such reason is because of
fee changes at any of the registered exchanges or non-exchange venues
to which a firm routes order flow. With respect to non-marketable order
flow that would provide displayed liquidity on an Exchange against
which market makers can quote, ETP Holders 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 displayed liquidity on an
exchange.
Proposed Rule Change
    The proposed rule change is designed to be available to all ETP
Holders on the Exchange and is intended to provide ETP Holders an
opportunity to receive an enhanced rebate by executing more of their
orders on the Exchange. The Exchange currently provides credits to ETP
Holders who submit orders that provide displayed liquidity on the
Exchange. The Exchange currently has multiple levels of credits for
orders that provide displayed liquidity that are based on the amount of
volume of such orders that ETP Holders send to the Exchange.
    As described in greater detail below, the Exchange proposes the
following change:
     Modify the volume requirements applicable to ETP Holders
to qualify for the Step Up Tier 4 by lowering the percentage threshold
that an ETP Holder must meet, and modify the baseline month over which
the minimum threshold requirement must be met; and
     A new pricing tier that provides an incremental credit
between $0.0002 per share and $0.0004 per share to ETP Holders that
provide liquidity in Tape B Securities when such providing volume is at
least 0.50% of the US Tape B CADV and such volume in Tape B Securities
as a percentage of US Tape B CADV is an increase of 20% or more over
the ETP Holder's providing ADV as a percentage of US Tape B CADV in the
third quarter (``3Q'') of 2019.
Step Up Tier 4
    In this competitive environment, the Exchange has already
established Step Up Tiers 1-4, which are designed to encourage ETP
Holders that provide displayed liquidity on the Exchange to increase
that order flow, which would benefit all ETP Holders by providing
greater execution opportunities on the Exchange. In order to provide an
incentive for ETP Holders to direct providing displayed order flow to
the Exchange, the credits increase in the various tiers based on
increased levels of volume directed to the Exchange.
    Currently, the following credits are available to ETP Holders that
provide increased levels of displayed liquidity on the Exchange:

------------------------------------------------------------------------
                                                Credit for providing
                   Tier                          displayed liquidity
------------------------------------------------------------------------
Step Up Tier..............................  $0.0030 (Tape A).
                                            $0.0023 (Tape B).
                                            $0.0031 (Tape C).
Step Up Tier 2............................  $0.0028 (Tape A and C).
                                            $0.0022 (Tape B).
Step Up Tier 3............................  $0.0025 (Tape A and C).
                                            $0.0022 (Tape B).
Step Up Tier 4............................  $0.0033 (Tape A and C).
                                            $0.0034 (Tape B).
------------------------------------------------------------------------

    Under the Step Up Tier 4, if an ETP Holder increases its providing
liquidity on the Exchange by a specified percentage over the level that
such ETP Holder provided liquidity in January 2019, it is eligible to
earn higher credits for providing displayed liquidity. Specifically, to
qualify for the credits under the Step Up Tier 4, an ETP Holder must
directly execute providing average daily volume (ADV) per month that is
an increase of no less than 0.70% of US CADV \12\ for that month over
the ETP Holder's providing ADV in January 2019, taken as a percentage
of US CADV.
---------------------------------------------------------------------------

    \12\ US CADV means the United States Consolidated Average Daily
Volume for transactions reported to the Consolidated Tape, excluding
odd lots through January 31, 2014 (except for purposes of Lead
Market Maker pricing), and excludes volume on days when the market
closes early and on the date of the annual reconstitution of the
Russell Investments Indexes. Transactions that are not reported to
the Consolidated Tape are not included in US CADV. See Fee Schedule,
footnote 3.
---------------------------------------------------------------------------

    Currently, if an ETP Holder meets these Step Up Tier 4
qualifications, such ETP Holder is eligible to earn a credit of:
     $0.0033 per share for orders that provide displayed
liquidity to the Book in Tape A and Tape C Securities, and
     $0.0034 per share for orders that provide displayed
liquidity to the Book in Tape B Securities.\13\
---------------------------------------------------------------------------

    \13\ See Securities Exchange Act Release No. 86122 (June 17,
2019), 84 FR 29258 (June 21, 2019) (SR-NYSEArca-2019-43).
---------------------------------------------------------------------------

    With this proposed rule change, the Exchange proposes to modify the
volume requirements applicable to ETP Holders to qualify for the Step
Up Tier 4 by lowering the percentage threshold that an ETP Holder must
meet, from a minimum of 0.70% of US CADV for the billing month to a
minimum of 0.55% of US CADV for the billing month. Additionally, the
Exchange proposes to modify the baseline month over which the minimum
threshold requirement must be met from January 2019 to September 2019.
    The purpose of the proposed rule change is to increase the
incentive for order flow providers to send liquidity-providing orders
to the Exchange. As described above, ETP Holders with liquidity-
providing orders have a choice of where to send those orders. The
Exchange believes that, if it reduces the requirement to qualify for a
tiered credit, more ETP Holders will choose to route their liquidity-
providing orders to the Exchange to qualify for the credit.
    The Exchange does not know how much order flow ETP Holders choose
to route to other exchanges or to off-exchange venues. While the Step
Up Tier 4 pricing tier is available to all ETP Holders, to date, not
one ETP Holder has qualified for it.\14\ Without having a view of ETP
Holders' activity on other markets and off-exchange venues, the
Exchange has no way of knowing whether this proposed rule change would
result in any ETP Holders qualifying for the Step Up Tier 4 credit. The
Exchange cannot predict with certainty how many ETP Holders would avail
themselves of this opportunity but additional liquidity-providing
orders would benefit all market participants because it would provide
greater execution opportunities on the Exchange.
---------------------------------------------------------------------------

    \14\ As of July 24, 2019, there are 165 ETP Holders on the
Exchange that could qualify for the Exchange's Step Up pricing
tiers.
---------------------------------------------------------------------------

    The Exchange is not proposing to amend any of the credits payable
under the Step Up Tier 4.

Tape B Step Up Tier
    The Exchange proposes to adopt a new pricing tier, Tape B Step Up
Tier, that would offer an incremental credit to ETP Holders that
qualify for the tier. As proposed, an ETP Holder that sends orders that
add liquidity in Tape B Securities would receive the following:
     An incremental credit of $0.0002 per share when an ETP
Holder's providing ADV in Tape B Securities during the billing month is
at least 0.50% of the US Tape B CADV and the ETP Holder's providing ADV
in Tape B Securities during the billing month as a percentage of US
Tape B CADV is at least 20% more but less than 30% of the ETP Holder's
providing ADV as a percentage of US Tape B CADV in 3Q 2019;
     An incremental credit of $0.0003 per share when an ETP
Holder's providing ADV in Tape B Securities during the billing month is
at least 0.50% of the US Tape B CADV and the ETP Holder's providing ADV
in Tape B Securities during the billing month as a percentage of US
Tape B CADV is at least 30% more but less than 40% of the ETP Holder's
providing ADV as a percentage of US Tape B CADV in 3Q 2019; and
     An incremental credit of $0.0004 per share when an ETP
Holder's providing ADV in Tape B Securities during the billing month is
at least 0.50% of the US Tape B CADV and the ETP Holder's providing ADV
in Tape B Securities during the billing month as a percentage of US
Tape B CADV is at least 40% more than the ETP Holder's providing ADV as
a percentage of US Tape B CADV in 3Q 2019.
    The proposed incremental credit would be payable in addition to the
ETP Holder's Tiered or Basic Rate credit(s); provided, however, that
such combined credit(s) in Tape B Securities shall not exceed $0.0032
per share.
    For example, assume an ETP Holder has providing ADV of 0.80% of
Tape B CADV in Tape B securities in the baseline period of third
quarter of 2019. Further assume that the same ETP Holder has providing
ADV of 0.96% of Tape B in the billing month, which is at least 20% more
but less than 30% of the ETP Holder's baseline ADV of 0.80% of Tape B
CADV. Therefore, the ETP Holder in the above example would qualify to
receive an incremental credit of $0.0002 per share. If instead, the
same ETP Holder had providing ADV of Tape B CADV of 1.04% of Tape B in
the billing month, then that ETP Holder would qualify for an
incremental credit of $0.0003 per share, as 1.04% is at least 30% more
but less than 40% of the ETP Holder's baseline ADV of 0.80% of Tape B
CADV.\15\ If instead, the same ETP Holder had providing ADV of Tape B
CADV of 1.12% of Tape B in the billing month, then that ETP Holder
would qualify for an incremental credit of $0.0004 per share, as 1.12%
is at least 40% more than the ETP Holder's baseline ADV of 0.80% of
Tape B CADV.\16\
---------------------------------------------------------------------------

    \15\ The ETP Holder would also qualify for the existing Tape B
Tier 2 credit of $0.0028 by meeting the 1.0% of the US Tape B CADV
requirement, for a total credit of $0.0031 per share ($0.0028 per
share Tape B Tier 2 credit plus the proposed $0.0003 per share Tape
B Step Up Tier credit).
    \16\ The ETP Holder would also qualify for the existing Tape B
Tier 2 credit of $0.0028 by meeting the 1.0% of the US Tape B CADV
requirement, for a total credit of $0.0032 per share ($0.0028 per
share Tape B Tier 2 credit plus the proposed $0.0004 per share Tape
B Step Up Tier credit).
---------------------------------------------------------------------------

    As noted above, the Exchange operates in a competitive environment,
particularly as it relates to attracting non-marketable, providing
liquidity that would be displayed on the Exchange. Because, as
proposed, the tier requires an ETP Holder to increase the volume of its
liquidity-providing orders over that ETP Holder's 3Q 2019 baseline, the
Exchange believes that the proposed incremental credit would provide an
incentive for ETP Holders to route additional liquidity to the Exchange
in order to qualify for it.
    The proposed rule change is designed to incentivize ETP Holders to
increase the orders sent to the Exchange that would provide liquidity,
which would support the quality of price discovery and transparency on
the Exchange. The Exchange believes that by correlating the level of
the credits to the level of executed providing volume on the Exchange,
the Exchange's fee structure would incentivize ETP Holders to submit
more displayed, liquidity-providing orders to the Exchange that are
likely to be executed (i.e., are not orders that are intended to be
displayed, but are priced such that they are not likely to be
executed), thereby increasing the potential for incoming marketable
orders submitted to the Exchange to receive an execution.
    The proposed changes are not otherwise intended to address any
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,\17\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\18\ 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.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

The Proposed Fee 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.'' \19\
---------------------------------------------------------------------------

    \19\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
---------------------------------------------------------------------------

    As the Commission itself recognized, the market for trading
services in NMS stocks has become ``more fragmented and competitive.''
\20\ Indeed, equity trading is currently dispersed across 13
exchanges,\21\ 31 alternative trading systems,\22\ and numerous broker-
dealer internalizers and wholesalers, all competing for order flow.
Based on publicly-available information, no single exchange has more
than 19% market share (whether including or excluding auction
volume).\23\ Therefore, no exchange possesses significant pricing power
in the execution of equity order flow. More specifically, as noted
earlier, the Exchange averaged less than 9% market share of executed
volume of equity trades (excluding auction volume) for August 2019.
---------------------------------------------------------------------------

    \20\ See Securities Exchange Act Release No. 51808, 84 FR 5202,
5253 (February 20, 2019) (File No. S7-05-18) (Final rule).
    \21\ See Cboe Global Markets, U.S Equities Market Volume
Summary, available at https://markets.cboe.com/us/equities/market_share/.
    \22\ 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.
    \23\ See Cboe Global Markets U.S. Equities Market Volume
Summary, available at http://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
shift order flow, or discontinue to reduce use of certain categories of

products, in response to fee changes. With respect to non-marketable
order which provide liquidity on an Exchange, ETP Holders can choose
from any one of the 13 currently operating registered exchanges to
route such order flow. Accordingly, competitive forces reasonably
constrain exchange transaction fees that relate to orders that would
provide displayed liquidity on an exchange. Stated otherwise, changes
to exchange transaction fees can have a direct effect on the ability of
an exchange to compete for order flow.
    Given this competitive environment, the proposal represents a
reasonable attempt to attract additional order flow to the Exchange.
    The Exchange believes the proposed change to lower the volume
requirements under the Step Up Tier 4 is reasonable because it would
allow ETP Holders an additional opportunity to meet the requirement of
the pricing tier to receive per share credits payable under the Step Up
Tier 4, thereby encouraging the submission of additional liquidity to a
national securities exchange. Submission of additional liquidity to the
Exchange would promote price discovery and transparency and enhance
order execution opportunities for ETP Holders from the substantial
amounts of liquidity present on the Exchange. All ETP Holders would
benefit from the greater amounts of liquidity that will be present on
the Exchange, which would provide greater execution opportunities. The
Exchange believes that the proposed change to modify the baseline month
from January 2019 to September 2019 is reasonable given the trend of
recent trading on the Exchange. The Exchange's market share in January
2019, the original baseline month adopted under the Step Up Tier 4, was
9.0%, and has declined to 8.2% in August 2019.\24\ The Exchange
believes modifying the baseline month would allow ETP Holders to more
easily qualify for the pricing tier as it would need to submit lesser
number of orders to qualify for the tier.
---------------------------------------------------------------------------

    \24\ See id.
---------------------------------------------------------------------------

    Because no ETP Holder to date has qualified for the Step Up Tier 4,
the Exchange believes the proposed lower volume requirements are
reasonable as they would provide an additional incentive for ETP
Holders to qualify for this established tier and direct their order
flow to the Exchange and provide meaningful added levels of displayed
liquidity, thereby contributing to the depth and market quality on the
Exchange.
    The Exchange believes the proposed Tape B Step Up Tier would
provide an incentive for ETP Holders to route additional liquidity-
providing orders to the Exchange in Tape B Securities. As noted above,
the Exchange operates in a highly competitive environment, particularly
for attracting order flow that provides displayed liquidity on an
exchange. The Exchange believes it is reasonable to provide a higher
credit for orders that provide additional liquidity. Similarly, the
Exchange believes that it is reasonable to provide an incremental
credit to ETP Holders that meet the requirements of the Tape B Step Up
Tier that add additional liquidity in Tape B Securities on the
Exchange.
    Since the proposed Tape B Step Up Tier would be new with a
requirement for increased providing volume over the baseline month, no
ETP Holder currently qualifies for the proposed pricing tier. The
Exchange believes that a number of ETP Holders could qualify for the
proposed higher credit but without a view of ETP Holder activity on
other exchanges and off-exchange venues, the Exchange has no way of
knowing whether the proposed rule change would result in any ETP Holder
qualifying for the tier. The Exchange believes the proposed higher
credit is reasonable as it would provide an additional incentive for
ETP Holders 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 Exchange notes that volume-based incentives and discounts have
been widely adopted by exchanges,\25\ including the Exchange,\26\ and
are reasonable, equitable and non-discriminatory because they are open
to all ETP Holders on an equal basis and provide additional credits
that are reasonably related to the value to an exchange's market
quality and associated higher levels of market activity.
---------------------------------------------------------------------------

    \25\ See e.g., Cboe BZX U.S. Equities Exchange (``BZX'') Fee
Schedule, Footnote 1, Add Volume Tiers which provide enhanced
rebates between $0.0025 and $0.0032 per share for displayed orders
where BZX members meet certain volume thresholds.
    \26\ See e.g., Fee Schedule, Step Up Tier, Step Up Tier 2, Step
Up Tier 3 and Step Up Tier 4, which provide enhanced rebates between
$0.0025 and $0.0033 per share in Tape A Securities, between $0.0022
and $0.0034 per share in Tape B Securities, and between $0.0025 and
$0.0033 per share in Tape C Securities for orders that provide
displayed liquidity where ETP Holders meet certain volume
thresholds.
---------------------------------------------------------------------------

    On the backdrop of the competitive environment in which the
Exchange currently operates, the proposed rule change is a reasonable
attempt to increase liquidity on the Exchange and improve the
Exchange's market share relative to its competitors.
The Proposed Fee Change is an Equitable Allocation of Fees and Credits
    The Exchange believes its proposal equitably allocates its fees
among its market participants.
    First, the Exchange is not proposing to adjust the amount of the
Step Up Tier 4 credits, which will remain at the current level for all
ETP Holders. Rather, the proposal would continue to encourage ETP
Holders to send orders that add liquidity to the Exchange, thereby
contributing to robust levels of liquidity, which benefits all market
participants. The Exchange believes that, for the reasons discussed
above, lowering the requirements would make it easier for liquidity
providers to qualify for the Step Up Tier 4 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 ETP
Holders from the substantial amounts of liquidity present on the
Exchange. All ETP Holders would benefit from the greater amounts of
liquidity that will be present on the Exchange, which would provide
greater execution opportunities.
    As noted above, no ETP Holder currently qualifies for the Step Up
Tier 4 pricing tier. Without having a view of ETP Holders' activity on
other markets and off-exchange venues, the Exchange has no way of
knowing whether this proposed rule change would result in any ETP
Holders qualifying for this tier. However, the Exchange believes the
proposed lower volume requirements would provide an incentive for ETP
Holders to continue to submit liquidity-providing order flow, which
would promote price discovery and increase execution opportunities for
all ETP Holders. 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 ETP Holders from the substantial amounts of
liquidity present on the Exchange, which would benefit all market
participants on the Exchange.
    Finally, the Exchange believes that the proposed Tape B Step Up
Tier is equitable because the magnitude of the additional credit is not
unreasonably

high relative to credits paid by other exchanges for orders that
provide additional step up liquidity.\27\ 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.
---------------------------------------------------------------------------

    \27\ See note 25, supra.
---------------------------------------------------------------------------

    Since the proposed Tape B Step Up Tier would be new, no ETP Holder
currently qualifies for it. The Exchange believes that at least seven
ETP Holders could qualify for the proposed higher credit, but without a
view of ETP Holder activity on other exchanges and off-exchange venues,
the Exchange has no way of knowing whether this proposed rule change
would result in any ETP Holder qualifying for the tier. The Exchange
believes the proposed higher credit is reasonable as it would provide
an additional incentive for ETP Holders 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 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. The proposal neither targets nor will it have a
disparate impact on any particular category of market participant. ETP
Holders that currently qualify for credits associated with Step Up
pricing tiers on the Exchange will continue to receive credits when
they provide liquidity to the Exchange. The Exchange believes that
recalibrating the requirements for providing liquidity will continue to
attract order flow and liquidity to the Exchange for the benefit of
investors generally.
    Since no ETP Holder presently qualifies for the credits associated
with Step Up Tier 4, the proposal will not adversely impact their
existing pricing or their ability to qualify for other credits provided
by the Exchange. With the proposed new Tape B Step Up Tier, all ETP
Holders would be eligible to qualify for the higher credit if they
increase their Adding ADV over their own baseline of order flow. The
Exchange believes that offering a higher step up credit for providing
liquidity if the step up requirements for Tape B 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.
The Proposed Fee Change Is Not Unfairly Discriminatory
    The Exchange believes that the proposal is not unfairly
discriminatory. In the prevailing competitive environment, ETP Holders
are free to disfavor the Exchange's pricing if they believe that
alternatives offer them better value.
    The proposal to lower the volume requirement under Step Up Tier 4
neither targets or will it have a disparate impact on any particular
category of market participant. The proposal does not permit unfair
discrimination because the lower threshold would be applied to all
similarly situated ETP Holders, who would all be eligible for the same
credit on an equal basis. Accordingly, no ETP Holder already operating
on the Exchange would be disadvantaged by this allocation of fees.
    The Exchange believes it is not unfairly discriminatory to adopt
lower volume requirements for ETP Holders to qualify for the Step Up
Tier 4 pricing tier as the proposed change would apply on an equal
basis to all ETP Holders that add liquidity by meeting the lower volume
requirements. Further, the Exchange believes the proposed lower volume
requirements would incentivize ETP Holders to execute more of their
liquidity-providers orders on the Exchange to qualify for the increased
credits payable under Step Up Tier 4. The Exchange also believes that
the proposed change is not unfairly discriminatory because it is
reasonably related to the value of the Exchange's market quality
associated with higher volume. The proposed lower volume requirements
would apply equally to all ETP Holders as each would be required to
execute providing volume in Tapes A, B and C Securities during the
billing month that is at least 0.55% of US CADV over its providing ADV
in September 2019, taken as a percentage of US CADV, regardless of
whether an ETP Holder currently meets the requirement of another
pricing tier.
    The Exchange believes it is not unfairly discriminatory to provide
a higher per share step up credit, as the proposed credit would be
provided on an equal basis to all ETP Holders that add liquidity by
meeting the new proposed Tape B Step Up Tier's requirements. For the
same reason, the Exchange believes it is not unfairly discriminatory to
provide an additional incremental credit to ETP Holders that satisfy
the Tape B Step Up Tier requirements and add liquidity in Tape B
Securities. Further, the Exchange believes the proposed Tape B Step Up
Tier credit would incentivize ETP Holders that meet the current tiered
requirements to send more orders to the Exchange to qualify for higher
credits. 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
ETP Holders in that they could choose whether to submit orders to the
Exchange and, if they do, the extent of its activity in this regard.
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,\28\ 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 submission of additional
liquidity to a public exchange, thereby promoting market depth, price
discovery and transparency and enhancing order execution opportunities
for ETP Holders. 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.'' \29\
---------------------------------------------------------------------------

    \28\ 15 U.S.C. 78f(b)(8).
    \29\ See Securities Exchange Act Release No. 51808, 70 FR 37495,
37498-99 (June 29, 2005) (S7-10-04) (Final Rule).
---------------------------------------------------------------------------

    Intramarket Competition. The proposed change is designed to attract
additional order flow to the Exchange. The Exchange believes that the
proposed lower volume requirements would continue to incentivize market
participants to direct providing displayed order flow to the Exchange.
Greater liquidity benefits all market

participants on the Exchange by providing more trading opportunities
and encourages ETP Holders, to send orders, thereby contributing to
robust levels of liquidity, which benefits all market participants. The
proposed volume requirements would be applicable 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.
    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 noted,
the Exchange's market share of intraday trading (i.e., excluding
auctions) was 8.2% in August 2019. 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 change could promote
competition between the Exchange and other execution venues, including
those that currently offer similar order types and comparable
transaction pricing, by encouraging additional orders to be sent to the
Exchange for execution.

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) \30\ of the Act and subparagraph (f)(2) of Rule
19b-4 \31\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \30\ 15 U.S.C. 78s(b)(3)(A).
    \31\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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) \32\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \32\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-2019-70 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-2019-70. 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 (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 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 offices 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-NYSEArca-2019-70, and should be
submitted on or before November 7, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\33\
---------------------------------------------------------------------------

    \33\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-22700 Filed 10-16-19; 8:45 am]
 BILLING CODE 8011-01-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C.  20460

OFFICE OF

PREVENTION, PESTICIDES

AND TOXIC SUBSTANCES

Date:		July 13, 2009

Re:	Note to File Directing the Public to Docket No. EPA-HQ-OPP-2009-0361
for the Registration Review of Glyphosate

From:		John Pates

		Special Review and Reregistration Division

		Office of Pesticide Programs

To:		Docket for the Amendment of Glyphosate Tolerances (EPA-HQ-OPP-

		2007-0147)

The EPA has opened the docket EPA-HQ-OPP-2009-0361 to accept comment on
the initiation of the registration review of glyphosate.  The EPA will
be issuing a Federal Register Notice to announce the beginning of a
60-day public comment period.  The current docket (EPA-HQ-OPP-2007-0147)
is for a separate glyphosate action (i.e., amendment of the tolerances
for residues of glyphosate.

Readers and commenters are directed to docket EPA-HQ-OPP-2009-0361 for
EPA documents in support of the initiation of the glyphosate
registration review.