81 FR 27486 - Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 81, Issue 88 (May 6, 2016)
Federal Register Volume 81, Issue 88 (May 6, 2016)
| Page Range | 27486-27488 | |
| FR Document | 2016-10607 |
[Federal Register Volume 81, Number 88 (Friday, May 6, 2016)] [Notices] [Pages 27486-27488] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-10607] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-77752; File No. SR-ISE Gemini-2016-04] Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees May 2, 2016. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on April 18, 2016, ISE Gemini, LLC (the ''Exchange'' or ''ISE Gemini'') filed with the Securities and Exchange Commission the proposed rule change, as described in Items I, II, and III below, which items have been prepared by the self-regulatory organization. The Commission is publishing this notice to [[Page 27487]] solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change ISE Gemini proposes to change its billing cycle for FIX Session/API Session Fees to correspond to the calendar month. The text of the proposed rule change is available on the Exchange's Internet Web site at http://www.ise.com, at the principal office of the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The self-regulatory organization has prepared summaries, set forth in Sections A, B and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose On April 18, 2016, the Exchange's affiliate, the International Securities Exchange, LLC (``ISE''), filed a proposed rule change to reduce application programming interface (``API'') fees charged to Market Makers that meet specified performance criteria.\3\ In order to effect that change, the ISE is moving its billing cycle for these API fees, and certain other fees, to coincide with the calendar month instead of billing those fees mid-month. The Exchange notes that API fees for Electronic Access Members (``EAMs'') provide connectivity to both ISE and ISE Gemini. As such, the Exchange is also proposing to move its billing cycle for FIX Session/API Session Fees, as described in Section IV., E. of the Schedule of Fees, to correspond to the calendar month. The Exchange notes that the fees charged for FIX and API sessions on ISE Gemini will remain unchanged.\4\ Each member's next monthly bill for FIX Session/API Session Fees will cover the full month of May. Members will not be billed for the period of April 18, 2016 to April 30, 2016. --------------------------------------------------------------------------- \3\ See ISE-2016-10. \4\ ISE Gemini only sessions are billed at a rate of 100 per month for each API session provided to a Market Maker or EAM, and $50 per month for each FIX session provided to an EAM. For sessions that provide access to both ISE Gemini and ISE, EAMs are billed for API sessions at a rate of $250 per month for the first five sessions and $100 per month for each additional session, and for FIX sessions at a rate of $250 per month for the first and second session and $50 per month for each additional session. --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the provisions of Section 6 of the Act,\5\ in general, and Section 6(b)(4) of the Act,\6\ in particular, in that it is designed to provide for the equitable allocation of reasonable dues, fees, and other charges among its members and other persons using its facilities. In particular, the Exchange believes that the proposed fee change is reasonable, equitable, and not unfairly discriminatory as it merely moves the Exchange's billing cycle to coincide with the calendar month. As explained above, EAM FIX and API sessions provide connectivity to both ISE and ISE Gemini. The Exchange is making this change to its billing cycle so that the billing cycle for these fees on ISE Gemini will be the same as the billing cycle being implemented on ISE. The fees will remain at their current rates. --------------------------------------------------------------------------- \5\ 15 U.S.C. 78f. \6\ 15 U.S.C. 78f(b)(4). --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition In accordance with Section 6(b)(8) of the Act,\7\ the Exchange does not believe that the proposed rule change will impose any burden on intermarket or intramarket competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed fee change merely changes the Exchange's billing cycle for FIX Session/API Session Fees to correspond to the billing cycle being implemented on ISE. The Exchange is not proposing any substantive changes to these fees. --------------------------------------------------------------------------- \7\ 15 U.S.C. 78f(b)(8). --------------------------------------------------------------------------- C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from members or other interested parties. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Act,\8\ and subparagraph (f)(2) of Rule 19b-4 thereunder,\9\ because it establishes a due, fee, or other charge imposed by ISE Gemini. --------------------------------------------------------------------------- \8\ 15 U.S.C. 78s(b)(3)(A)(ii). \9\ 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 to determine whether the proposed rule should be approved or disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File No. SR-ISE Gemini-2016-04 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-ISE Gemini-2016-04. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the [[Page 27488]] provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-ISE Gemini-2016-04 and should be submitted by May 27, 2016. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\10\ Robert W. Errett, Deputy Secretary. --------------------------------------------------------------------------- \10\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- [FR Doc. 2016-10607 Filed 5-5-16; 8:45 am] BILLING CODE 8011-01-P
![27486 Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Notices
sessions to members that support the C. Self-Regulatory Organization’s rules/sro.shtml). Copies of the
Exchange’s proprietary FX option Statement on Comments on the submission, all subsequent
products. Furthermore, the Exchange Proposed Rule Change Received From amendments, all written statements
does not believe that the proposed fee Members, Participants or Others with respect to the proposed rule
changes are unfairly discriminatory as The Exchange has not solicited, and change that are filed with the
all Market Makers that meet the does not intend to solicit, comments on Commission, and all written
specified performance criteria are this proposed rule change. The communications relating to the
eligible for the proposed incentives. The Exchange has not received any proposed rule change between the
Exchange also does not believe it is unsolicited written comments from Commission and any person, other than
unfairly discriminatory to only offer API members or other interested parties. those that may be withheld from the
incentives to Market Makers. As public in accordance with the
III. Date of Effectiveness of the provisions of 5 U.S.C. 552, will be
explained above, the proposed fee Proposed Rule Change and Timing for available for Web site viewing and
changes are targeted towards Market Commission Action printing in the Commission’s Public
Makers as Market Maker API fees have
The foregoing rule change has become Reference Room, 100 F Street NE.,
been increasing due to increased effective pursuant to Section Washington, DC 20549 on official
quoting activity on the Exchange. 19(b)(3)(A)(ii) of the Act 12 and business days between the hours of
Electronic Access Members (‘‘EAMs’’) subparagraph (f)(2) of Rule 19b–4 10:00 a.m. and 3:00 p.m. Copies of such
already pay significantly lower thereunder,13 because it establishes a filing also will be available for
connectivity charges for their API or due, fee, or other charge imposed by inspection and copying at the principal
Financial Information eXchange (‘‘FIX’’) ISE. office of the ISE. All comments received
sessions.10 Moreover, each of the At any time within 60 days of the will be posted without change; the
proposed changes are geared towards filing of such proposed rule change, the Commission does not edit personal
reducing Market Maker API fees in Commission summarily may identifying information from
exchange for actively maintaining temporarily suspend such rule change if submissions. You should submit only
quality markets, which will benefit all it appears to the Commission that such information that you wish to make
market participants that trade on the action is necessary or appropriate in the available publicly. All submissions
Exchange. public interest, for the protection of should refer to File Number SR–ISE–
investors, or otherwise in furtherance of 2016–10 and should be submitted by
B. Self-Regulatory Organization’s the purposes of the Act. If the May 27, 2016.
Statement on Burden on Competition Commission takes such action, the For the Commission, by the Division of
Commission shall institute proceedings Trading and Markets, pursuant to delegated
In accordance with Section 6(b)(8) of
to determine whether the proposed rule authority.14
the Act,11 the Exchange does not believe
should be approved or disapproved. Robert W. Errett,
that the proposed rule change will
impose any burden on intermarket or IV. Solicitation of Comments Deputy Secretary.
intramarket competition that is not Interested persons are invited to [FR Doc. 2016–10608 Filed 5–5–16; 8:45 am]
necessary or appropriate in furtherance submit written data, views, and BILLING CODE 8011–01–P
of the purposes of the Act. To the arguments concerning the foregoing,
contrary, the Exchange believes that the including whether the proposed rule
proposed fee change is pro-competitive change is consistent with the Act. SECURITIES AND EXCHANGE
as it is designed to lower the fees Comments may be submitted by any of COMMISSION
charged to Market Makers that assist the the following methods:
Exchange in maintaining quality [Release No. 34–77752; File No. SR–ISE
Electronic comments Gemini–2016–04]
markets in a number of different
products. The Exchange operates in a • Use the Commission’s Internet
comment form (http://www.sec.gov/ Self-Regulatory Organizations; ISE
highly competitive market in which Gemini, LLC; Notice of Filing and
market participants can readily direct rules/sro.shtml); or
• Send an email to rule-comments@ Immediate Effectiveness of Proposed
their order flow to competing venues. In Rule Change To Amend the Schedule
sec.gov. Please include File No. SR–ISE–
such an environment, the Exchange 2016–10 on the subject line. of Fees
must continually review, and consider
adjusting, its fees and rebates to remain Paper comments May 2, 2016.
competitive with other exchanges. For • Send paper comments in triplicate Pursuant to Section 19(b)(1) of the
the reasons described above, the to Secretary, Securities and Exchange Securities Exchange Act of 1934 (the
Exchange believes that the proposed fee Commission, 100 F Street NE., ‘‘Act’’),1 and Rule 19b–4 thereunder,2
changes reflect this competitive Washington, DC 20549–1090. notice is hereby given that on April 18,
environment. All submissions should refer to File 2016, ISE Gemini, LLC (the ’’Exchange’’
Number SR–ISE–2016–10. This file or ’’ISE Gemini’’) filed with the
10 EAM Options APIs are billed at a rate of $250
number should be included on the Securities and Exchange Commission
per session per month for the first five sessions, and
asabaliauskas on DSK3SPTVN1PROD with NOTICES
subject line if email is used. To help the the proposed rule change, as described
$100 per session per month for the sixth and
additional sessions. EAM Options FIX Sessions are Commission process and review your in Items I, II, and III below, which items
billed at a rate of $250 per month for the first and comments more efficiently, please use have been prepared by the self-
second session, and $50 per session per month for only one method. The Commission will regulatory organization. The
the third and additional sessions. See ISE Schedule post all comments on the Commission’s Commission is publishing this notice to
of Fees, V. Trading Application Software, C. FIX
Session/API Session Fees. The connectivity Internet Web site (http://www.sec.gov/
14 17 CFR 200.30–3(a)(12).
provided to EAMs under this section provides
connectivity to both ISE and ISE Gemini, LLC. Id. 12 15 U.S.C. 78s(b)(3)(A)(ii). 1 15 U.S.C. 78s(b)(1).
11 15 U.S.C. 78f(b)(8). 13 17 CFR 240.19b–4(f)(2). 2 17 CFR 240.19b–4.
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![27488 Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Notices
provisions of 5 U.S.C. 552, will be OTC Link under the ticker symbol 2016,1 Norfolk Southern Railway
available for Web site viewing and HMNC, because it has not filed any Company (NS), has agreed to grant non-
printing in the Commission’s Public periodic reports since the period ended exclusive, temporary overhead trackage
Reference Room, 100 F Street NE., April 30, 2013. On August 19, 2015, a rights to Allegheny Valley Railroad
Washington, DC 20549 on official delinquency letter was sent by the Company (AVR) over NS’s line between
business days between the hours of Division of Corporation Finance to CP Bloom, milepost 351.6, and CP
10:00 a.m. and 3:00 p.m. Copies of such Hondo Minerals Corp. requesting Home, milepost 347.8, in Pittsburgh,
filing also will be available for compliance with its periodic filing Pa., a distance of 3.8 miles.
inspection and copying at the principal obligations, but Hondo Minerals Corp. The transaction may be consummated
office of the Exchange. All comments did not receive the delinquency letter on or after May 21, 2016, the effective
received will be posted without change; due to its failure to maintain a valid date of the exemption (30 days after the
the Commission does not edit personal address on file with the Commission as verified notice of exemption was filed).
identifying information from required by Commission rules (Rule 301 The purpose of the trackage rights is to
submissions. You should submit only of Regulation S–T, 17 CFR 232.301 and allow AVR to operate bridge train
information that you wish to make Section 5.4 of EDGAR Filer Manual). service for a 125-day period while AVR
available publicly. All submissions It appears to the Securities and rehabilitates a trestle on its Allegheny
should refer to File Number SR–ISE Exchange Commission that there is a Subdivision. The temporary trackage
Gemini–2016–04 and should be lack of current and accurate information rights will expire 125 days from the
submitted by May 27, 2016. concerning the securities of Liberty commencement date mutually agreed
For the Commission, by the Division of Gold Corp. (CIK No. 1459697), a void upon between AVR and NS, which
Trading and Markets, pursuant to delegated Delaware corporation with its principal commencement date shall not occur
authority.10 place of business listed as Phoenix, until after the effective date of the
Robert W. Errett, Arizona, with stock quoted on OTC Link exemption but, pursuant to the
Deputy Secretary. under the ticker symbol LBGO, because Agreement, no later than July 15, 2016.
[FR Doc. 2016–10607 Filed 5–5–16; 8:45 am]
it has not filed any periodic reports As a condition to this exemption, any
since the period ended June 30, 2013. employees affected by the acquisition of
BILLING CODE 8011–01–P
On October 17, 2014, a delinquency the temporary trackage rights will be
letter was sent by the Division of protected by the conditions imposed in
SECURITIES AND EXCHANGE Corporation Finance to Liberty Gold Norfolk & Western Railway—Trackage
COMMISSION Corp. requesting compliance with its Rights—Burlington Northern, Inc., 354
periodic filing obligations, but Liberty I.C.C. 605 (1978), as modified in
[File No. 500–1] Gold Corp. did not receive the Mendocino Coast Railway—Lease &
delinquency letter due to its failure to Operate—California Western Railroad,
In the Matter of EQCO2, Inc., Hondo maintain a valid address on file with the 360 I.C.C. 653 (1980), and any
Minerals Corp., and Liberty Gold Corp., Commission as required by Commission employees affected by the
Order of Suspension of Trading rules (Rule 301 of Regulation S–T, 17 discontinuance of those trackage rights
May 4, 2016. CFR 232.301 and Section 5.4 of EDGAR will be protected by the conditions set
It appears to the Securities and Filer Manual). out in Oregon Short Line Railroad—
Exchange Commission that there is a The Commission is of the opinion that Abandonment Portion Goshen Branch
lack of current and accurate information the public interest and the protection of Between Firth & Ammon, in Bingham &
concerning the securities of EQCO2, Inc. investors require a suspension of trading Bonneville Counties, Idaho, 360 I.C.C.
(CIK No. 1371487), a Nevada in the securities of the above-listed 91 (1979).
corporation with its principal place of companies. This notice is filed under 49 CFR
business listed as Las Vegas, Nevada, Therefore, it is ordered, pursuant to 1180.2(d)(8). If the verified notice
with stock quoted on OTC Link Section 12(k) of the Securities Exchange contains false or misleading
(previously, ‘‘Pink Sheets’’) operated by Act of 1934, that trading in the information, the exemption is void ab
OTC Markets Group, Inc. (‘‘OTC Link’’) securities of the above-listed companies initio. Petitions to revoke the exemption
under the ticker symbol CLNO, because is suspended for the period from 9:30 under 49 U.S.C. 10502(d) may be filed
it has not filed any periodic reports a.m. EDT on May 4, 2016, through 11:59 at any time. The filing of a petition to
since the period ended July 31, 2013. p.m. EDT on May 17, 2016. revoke will not automatically stay the
On September 16, 2014, a delinquency By the Commission. effectiveness of the exemption. Petitions
letter was sent by the Division of Jill M. Peterson,
for stay must be filed no later than May
Corporation Finance to EQCO2, Inc. 13, 2016 (at least seven days before the
Assistant Secretary.
requesting compliance with its periodic exemption becomes effective).
[FR Doc. 2016–10790 Filed 5–4–16; 11:15 am]
filing obligations, and EQCO2, Inc. An original and 10 copies of all
BILLING CODE 8011–01–P pleadings, referring to Docket No. FD
received the delinquency letter on
September 19, 2014, but failed to cure 36015, must be filed with the Surface
its delinquencies. Transportation Board, 395 E Street SW.,
It appears to the Securities and SURFACE TRANSPORTATION BOARD Washington, DC 20423–0001. In
Exchange Commission that there is a addition, a copy of each pleading must
asabaliauskas on DSK3SPTVN1PROD with NOTICES
[Docket No. FD 36015] be served on Richard R. Wilson, 518 N.
lack of current and accurate information
concerning the securities of Hondo Allegheny Valley Railroad Company— Center Street Ste. 1, Ebensburg, PA
Minerals Corp. (CIK No. 1471136), a Temporary Trackage Rights 15931.
defaulted Nevada corporation with its Exemption—Norfolk Southern Railway 1 A redacted version of the fully executed
principal place of business listed as Company Agreement between AVR and NS was filed with the
Chloride, Arizona with stock quoted on notice. A confidential, unredacted version of the
Pursuant to a written trackage rights Agreement also was submitted under seal to be kept
10 17 CFR 200.30–3(a)(12). agreement (Agreement) dated April 12, confidential by the Board under 49 CFR 1104.14(a).
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Document Created: 2016-05-06 00:30:18
Document Modified: 2016-05-06 00:30:18
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 81 FR 27486 |
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