Notice2026-03129
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
Primary source
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Published
February 18, 2026
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 91 Issue 32 (Wednesday, February 18, 2026)</title>
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[Federal Register Volume 91, Number 32 (Wednesday, February 18, 2026)]
[Notices]
[Pages 7603-7605]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03129]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-104832; File No. SR-NYSEARCA-2026-16]
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
February 12, 2026.
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 February 6, 2026, 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, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend the NYSE Arca Equities Fees and
Charges (``Fee Schedule'') to conform with an amendment to Rule 610 of
Regulation NMS recently approved by the Securities and Exchange
Commission (``SEC'' or the ``Commission'').\3\ The proposed rule change
is available on the Exchange's website at <a href="http://www.nyse.com">www.nyse.com</a>, and at the
principal office of the Exchange.
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\3\ See Securities Exchange Act Release No. 101070 (September
18, 2024), 89 FR 81620 (October 8, 2024) (S7-30-22).
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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 conform with an
amendment to Rule 610 of Regulation NMS (``Reg NMS'') recently approved
by the Commission. The Exchange proposes to implement the fee change
effective February 6, 2026.\4\
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\4\ The Exchange originally filed to amend the Fee Schedule on
January 29, 2026 (SR-NYSEARCA-2026-08). SR-NYSEARCA-2026-08 was
withdrawn on February 6, 2026, and replaced by this filing.
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In 2022, the Commission proposed to amend certain rules under Reg
NMS after taking into account the availability of ``[n]ew data
processing and communications techniques [that] create the opportunity
for more efficient and effective market operations'' \5\ and that is in
the public interest, appropriate for investor protection and the
maintenance of fair and orderly markets to assure ``economically
efficient execution of securities transactions,'' ``fair competition
among brokers and dealers, among exchange markets,'' and ``the
practicality of brokers executing investors' orders in the best
market.'' \6\ These changes included an amendment to Rule 610 of Reg
NMS that prohibits a national securities exchange from imposing, or
permitting to be imposed, any fee, or providing, or permitting to be
provided, any rebate or other renumeration for the execution of an
order in an NMS stock unless such fee, rebate, or other renumeration
can be determined at the time of execution.\7\ As amended, Rule 610 of
Reg NMS provides that any national securities exchange that imposes a
fee or provides a rebate that is based on a certain volume threshold,
or establishes tier requirements or tiered rates based on minimum
volume thresholds, would be required to set such volume thresholds or
tiers using volume achieved during a stated period prior to the
assessment of the fee or rebate.
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\5\ 15 U.S.C.78k-1(a)(1)(B).
\6\ 15 U.S.C. 78k-1(a)(1)(c)(i), (ii), and (iv).
\7\ See Release No. 101070, 89 FR at 81680.
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These amendments to Rule 610 of Reg NMS were to become effective on
November 3, 2025, the first business day of November 2025. On October
31, 2025, the Commission provided temporary exemptive relief to the
exchanges to adjust their fee schedules to comply with the requirements
of Rule 610 that exchange fees be determinable at the time of execution
until the first business day of February 2026.\8\
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\8\ See Securities Exchange Act Release No. 104172 (October 31,
2025), 90 FR 51418 (November 17, 2025) (Order Granting Temporary
Exemptive Relief, Pursuant to Section 36(a)(1) of the Securities
Exchange Act of 1934 and Rules 610(f) and 612(d) of Regulation NMS,
From Compliance With Rule 600(b)(89)(i)(F), Rule 610(c), Rule 610(d)
and Rule 612 of Regulation NMS, as Amended). The lapse in
appropriations began on October 1, 2025, and ended on November 12,
2025.
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In anticipation of the upcoming compliance date, the Exchange
proposes several amendments to its Fee Schedule in order to conform to
Rule 610 of Reg NMS, as follows. First, the Exchange proposes to adopt
new rule text on the Fee Schedule under the section titled ``NYSE ARCA
MARKETPLACE: TRADE RELATED FEES AND CREDITS.'' More specifically, the
Exchange proposes to adopt the following new text under Section II
titled ``General,'' Section VII titled ``Tier Rates--Round Lots and Odd
Lots (Per Share Price $1.00 or Above),'' and Section VIII titled ``Tier
Rates--
[[Page 7604]]
Round Lots and Odd Lots (Per Share Price Below $1.00)'':
<bullet> Unless noted otherwise, all tier calculations to determine
fees and credits in a billing month are based on the ETP Holder's
trading activity in the prior billing month.
Additionally, the Fee Schedule, under the section titled ``NYSE
ARCA MARKETPLACE: MARKET MAKER FEES AND CREDITS,'' provides Lead Market
Makers (``LMMs'') on the Exchange with certain transaction fees and
credits for Round Lots in securities with a per share price $1.00 or
Above. For purposes of LMM Transaction Fees and Credits under this
section of the Fee Schedule, the Exchange has adopted a definition for
the terms ``CADV'' and ``ETP Price.'' On the Fee Schedule, ``CADV''
means the consolidated average daily volume in a security in the prior
month. With this proposed rule change, and to conform to Rule 610 of
Reg NMS, the Exchange proposes to revise the term ``CADV'' to mean the
consolidated average daily volume in a security in the second prior
month, and not the prior month. Further, on the Fee Schedule, ``ETP
Price'' means the average Official Closing Price in that ETP in the
prior month. With this proposed rule change, and to conform to Rule 610
of Reg NMS, the Exchange proposes to revise the term ``ETP Price'' to
mean the average Official Closing Price in that ETP in the second prior
month, and not the prior month. Additionally, Section III titled ``LMM
Performance Metrics-based Incremental Base Credit Adjustments''
provides for a base credit earned by a LMM for adding liquidity based
on the LMM meeting certain performance metrics in the billing month in
each ETP assigned to the LMM. To conform to Rule 610 of Reg NMS, the
Exchange proposes to amend the Fee Schedule such that the base credit
earned by a LMM for adding liquidity would be based on the LMM meeting
the performance metrics in the prior month, and not the billing month,
for each assigned ETP.
Lastly, Section IV titled ``Additional Tape B Credits for LMMs and
Market Makers'' under ``NYSE ARCA MARKETPLACE: MARKET MAKER FEES AND
CREDITS'' provides tiered credits that LMMs and Market Makers can earn
based on the number of Less Active ETPs per LMM/Market Maker in which
such LMM/Market Maker is registered. The Exchange proposes to amend
this part of the Fee Schedule to conform to Rule 610 of Reg NMS by
adopting new rule text following the tiered table in Section IV titled
``Additional Tape B Credits for LMMs and Market Makers,'' as follows:
<bullet> All tier calculations to determine fees and credits in a
billing month are based on the ETP Holder's trading activity in the
prior billing month, unless noted otherwise.
As noted above, the changes proposed herein are intended to conform
to Rule 610 of Reg NMS to enable market participants to determine what
fee or rebate level would be applicable to any submitted order at the
time of execution. The Exchange does not propose any other changes to
the Fee Schedule.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\9\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\10\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
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\9\ 15 U.S.C. 78f(b).
\10\ 15 U.S.C. 78f(b)(4) and (5).
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The Exchange proposes to amend its Fee Schedule to conform with an
amendment to Rule 610 of Reg NMS. The changes proposed herein are
solely to conform the Exchange's Fee Schedule to amended Rule 610 of
Reg NMS. These changes are intended to enable market participants to
determine what fee or rebate level would be applicable to any submitted
order at the time of execution. The changes proposed herein are thus
designed to enable market participants to determine what fee or rebate
level would be applicable to any submitted order at the time of
execution as required by the Act. The proposed rule change would
provide clarity to market participants, including investors, to
determine what fee or rebate level would be applicable to any submitted
order at the time of execution and therefore remove impediments to and
perfect the mechanism of a free and open market and a national market
system by ensuring that the Exchange's Fee Schedule properly reflect
the requirements of Rule 610 of Reg NMS. The Exchange also believes
that the proposed rule change would remove impediments to and perfects
the mechanism of a free and open market by ensuring that market
participants and the investing public can more easily navigate and
understand the Exchange's Fee Schedule. The proposed rule change would
not be inconsistent with the public interest and the protection of
investors because investors will not be harmed and in fact would
benefit from the increased transparency and clarity, thereby reducing
potential confusion. Finally, by providing greater determinism to the
Exchange's Fee Schedule consistent with Rule 610(d) of Reg NMS, the
Exchange believes that the proposed fee change is therefore reasonable.
Moreover, since the proposed changes would apply equally to all ETP
Holders on an equal and non-discriminatory basis, the Exchange further
believes that the proposal equitably allocates fees and credits among
market participants and is not unfairly discriminatory.
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
The Exchange does not believe that the proposed rule changes will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.
The Exchange believes the proposed rule change does not impose any
burden on intramarket or intermarket competition that is not necessary
or appropriate in furtherance of the purposes of the Act. The proposed
rule change to amend the Exchange's Fee Schedule to conform to a recent
amendment to Rule 610 of Reg NMS is not intended to address competitive
issues but rather is concerned solely with ensuring that the Exchange's
Fee Schedule properly reflects the requirements of Rule 610 of Reg NMS.
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
Pursuant to Section 19(b)(3)(A)(ii) of the Act,\11\ and Rule 19b-
4(f)(2) thereunder \12\ the Exchange has designated this proposal as
establishing or changing a due, fee, or other charge imposed on any
person, whether or not the person is a member of the self-regulatory
organization, which renders the proposed rule change effective upon
filing. At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if
[[Page 7605]]
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.
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\11\ 15 U.S.C. 78s(b)(3)(A)(ii).
\12\ 17 CFR 240.19b-4.
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IV. Solicitation of Comments
Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
<bullet> Use the Commission's internet comment form (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>); or
<bullet> Send an email to <a href="/cdn-cgi/l/email-protection#ea989f868fc7898587878f849e99aa998f89c48d859c"><span class="__cf_email__" data-cfemail="9fedeaf3fab2fcf0f2f2faf1ebecdfecfafcb1f8f0e9">[email protected]</span></a>. Please include
file number SR-NYSEARCA-2026-16 on the subject line.
Paper Comments
<bullet> 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-2026-16. 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 (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>). Copies of the filing 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-2026-16 and should be submitted
on or before March 11, 2026.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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\13\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026-03129 Filed 2-17-26; 8:45 am]
BILLING CODE 8011-01-P
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