82_FR_12008 82 FR 11971 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees

82 FR 11971 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 37 (February 27, 2017)

Page Range11971-11973
FR Document2017-03799

Federal Register, Volume 82 Issue 37 (Monday, February 27, 2017)
[Federal Register Volume 82, Number 37 (Monday, February 27, 2017)]
[Notices]
[Pages 11971-11973]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03799]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80080; File No. SR-ISE-2017-10]


Self-Regulatory Organizations; International Securities Exchange, 
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule 
Change To Amend the Schedule of Fees

February 22, 2017.
    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 10, 2017, the International Securities Exchange, LLC 
(``ISE'' or ``Exchange'') filed with the Securities and Exchange 
Commission (``SEC'' or ``Commission'') the proposed rule change as 
described in Items I and II, 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 Exchange's Schedule of Fees, as 
described in further detail below.
    The text of the proposed rule change is available on the Exchange's 
Web site at 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 Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

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

1. Purpose
    The purpose of the proposed rule change is to amend the Exchange's 
Schedule of Fees to increase, for all symbols other than FX Option 
Symbols,\3\ the fees applicable to Professional Customers \4\ for the 
initiating or contra side of Qualified Contingent Cross (``QCC'') 
orders or orders executed in the Solicited Order Mechanism 
(``Solicitation'' orders). Accordingly, the proposed rule change will 
also increase the rebates that the Exchange currently provides to 
members using QCC and/or other solicited crossing orders, including 
solicited orders executed in the Solicitation, Facilitation, and Price 
Improvement Mechanisms (``solicited crossing orders''), in each case 
between Professional Customers or between a Professional Customer and a 
Priority Customer.\5\
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    \3\ ``FX Option Symbols'' are options overlying AUM, GBP, EUU 
and NDO.
    \4\ A ``Professional Customer'' is a person or entity that is 
not a broker/dealer and is not a Priority Customer.
    \5\ A ``Priority Customer'' is a person or entity that: (i) is 
not a broker or dealer in securities; and (ii) does not place more 
than 390 orders in listed options per day on average during a 
calendar month for its own beneficial account(s), as defined in ISE 
Rule 100(a)(37A).
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    Currently, the Exchange does not charge a fee to Professional 
Customers for QCC and Solicitation orders.\6\ As such, Professional 
Customer volume in QCC and Solicitation orders are rebated in 
accordance with the standard ``Customer to Customer'' rebate tiers, 
which are lower than the rebates provided for QCC and other solicited 
crossing orders to all other market participants than Professional and 
Priority Customers, as further described below.
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    \6\ See Securities Exchange Act Release No. 79811 (January 17, 
2017), 82 FR 8244 (January 24, 2017) (SR-ISE-2017-01) (eliminating 
the Professional Customer fee for the initiating or contra side of a 
QCC or Solicitation order) (the ``January Fee Filing'').
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    The Exchange presently offers members rebates in QCC and other 
solicited crossing orders. These rebates are provided for each 
originating contract side of a crossing order, based on a member's 
volume in the crossing mechanisms during a given month. The applicable 
rebates will be applied on QCC and other solicited crossing order 
traded contracts once the specified volume threshold is met. Members 
receive the Non-``Customer to Customer'' Rebate for all QCC and/or 
other solicited crossing orders except for QCC and other solicited 
crossing orders between two Priority and/or Professional Customers. QCC 
and other solicited crossing orders between two Priority and/or 
Professional Customers receive the ``Customer to Customer'' Rebate or 
``Customer to Customer''

[[Page 11972]]

Rebate PLUS,\7\ respectively. Currently, for the Non-``Customer to 
Customer'' Rebate, for members that execute 0 to 99,999 originating 
contract sides (``Tier 1'') the rebate is $0.00 per contract, for 
members that execute 100,000 to 199,999 originating contract sides 
(``Tier 2'') the rebate is $0.05 per contract, for members that execute 
200,000 to 499,999 originating contract sides (``Tier 3'') the rebate 
is $0.07 per contract, for members that execute 500,000 to 699,999 
originating contract sides (``Tier 4'') the rebate is $0.08 per 
contract, for members that execute 700,000 to 999,999 originating 
contract sides (``Tier 5'') the rebate is $0.09 per contract, and for 
members that execute 1,000,000 originating contract sides or more 
(``Tier 6'') the rebate is $0.11 per contract.\8\ Also, for the 
``Customer to Customer'' Rebate, for Tier 1 the rebate is $0.00, for 
Tiers 2 and 3 the rebate is $0.01, and for Tiers 4 through 6 the rebate 
is $0.03. Lastly, for the ``Customer to Customer'' Rebate PLUS, for 
Tier 1 the rebate is $0.00, and for Tiers 2 through 6 the rebate is 
$0.05.
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    \7\ The PLUS rebates currently apply to ``Customer to Customer'' 
Orders (i.e. QCC and other solicited crossing orders between two 
Priority and/or Professional Customers) executed by members with (1) 
a specified volume of QCC and other solicited crossing orders in a 
given month and (2) 175,000 or more unsolicited originating 
Facilitation contract sides per month. The Exchange notes that 
members may receive either the ``Customer to Customer'' Rebate or 
the ``Customer to Customer'' Rebate PLUS--not both.
    \8\ The rebate is applied to the originating contract side of 
QCC and other solicited crossing orders traded in a given month once 
a member reaches the specified volume threshold/tier during that 
month.
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    The Exchange now proposes to charge a fee of $0.10 per contract to 
Professional Customers for QCC and Solicitation orders. Accordingly, 
the Exchange also proposes that Professional Customer volume in QCC and 
Solicitation orders, as well as other solicited crossing orders, be 
rebated in the higher amounts set forth in the Non-``Customer to 
Customer'' Rebate tiers as described above. As a result of the proposed 
changes, members would receive the ``Customer to Customer'' Rebate and 
the ``Customer to Customer'' Rebate PLUS for QCC and/or other solicited 
crossing orders between two Priority Customers only.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\9\ in general, and furthers the objectives of Sections 
6(b)(4) and 6(b)(5) of the Act,\10\ in particular, in that it provides 
for the equitable allocation of reasonable dues, fees and other charges 
among members and issuers and other persons using any facility, and is 
not designed to permit unfair discrimination 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 believes that it is reasonable and equitable to 
increase the fee for Professional Customer QCC and Solicitation orders 
because the proposed fee is designed to be attractive to Professional 
Customers that trade on ISE, and is generally lower than the fees 
applicable to other market participants, except for Priority Customers. 
Although the Exchange is increasing the Professional Customer fee for 
QCC and Solicitation orders, it is also increasing the associated 
rebates that the Exchange provides to members using such orders with 
the intent to attract greater order flow to ISE, which would ultimately 
benefit all market participants that trade on the Exchange.
    In addition, the Exchange believes that it is equitable and not 
unfairly discriminatory to continue to provide lower fees for Priority 
Customer orders. A Priority Customer is by definition not a broker or 
dealer in securities, and does not place more than 390 orders in listed 
options per day on average during a calendar month for its own 
beneficial account(s). This limitation does not apply to participants 
whose behavior is substantially similar to that of market 
professionals, including Professional Customers, who will generally 
submit a higher number of orders than Priority Customers. The Exchange 
notes that a recent modification to its rules caused a number of its 
Priority Customers to be re-classified as Professional Customers.\11\ 
Under the rule change, such market participants who were previously 
classified as Priority Customers, and incurred no fees for executing 
QCC and Solicitation orders, would have started incurring such fees 
after being re-classified as Professional Customers. The Exchange 
therefore decided to treat these market participants the same as 
Priority Customers for purposes of the QCC and Solicitation orders as a 
means of easing the transition process for such participants. Following 
the one month period, the Exchange has determined that it is reasonable 
to begin assessing fees for Professional Customer QCC and Solicitation 
orders, which are still lower than the original amounts assessed prior 
to the January Fee Filing.
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    \11\ See Securities Exchange Act Release No. 78788 (September 8, 
2016), 81 FR 63252 (September 14, 2016) (SR-ISE-2016-19).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. In terms of inter-market 
competition, the Exchange notes that it operates in a highly 
competitive market in which market participants can readily favor 
competing venues if they deem fee levels at a particular venue to be 
excessive, or rebate opportunities available at other venues to be more 
favorable. In such an environment, the Exchange must continually adjust 
its fees to remain competitive with other exchanges and with 
alternative trading systems that have been exempted from compliance 
with the statutory standards applicable to exchanges. Because 
competitors are free to modify their own fees in response, and because 
market participants may readily adjust their order routing practices, 
the degree to which fee changes in this market may impose any burden on 
competition is extremely limited.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Act,\12\ and Rule 19b-4(f)(2) \13\ thereunder. 
At any time within 60 days of the filing of the proposed rule change, 
the Commission summarily may temporarily suspend such rule change if it 
appears to the Commission that such action is: (i) Necessary or 
appropriate in the public interest; (ii) for the protection of 
investors; or (iii) otherwise in furtherance of the purposes of the 
Act. If the Commission takes such action, the Commission shall 
institute proceedings to determine whether the proposed rule should be 
approved or disapproved.
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    \12\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \13\ 17 CFR 240.19b-4(f)(2).
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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:

[[Page 11973]]

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-ISE-2017-10 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-2017-10. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number and should be submitted on or 
before March 20, 2017.
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    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-03799 Filed 2-24-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                    Federal Register / Vol. 82, No. 37 / Monday, February 27, 2017 / Notices                                                       11971

                                                  available publicly. All submissions                         SECURITIES AND EXCHANGE                                 symbols other than FX Option
                                                  should refer to File Number SR–Phlx–                        COMMISSION                                              Symbols,3 the fees applicable to
                                                  2016–105, and should be submitted on                                                                                Professional Customers 4 for the
                                                                                                              [Release No. 34–80080; File No. SR–ISE–
                                                  or before March 20, 2017.                                   2017–10]
                                                                                                                                                                      initiating or contra side of Qualified
                                                                                                                                                                      Contingent Cross (‘‘QCC’’) orders or
                                                  V. Accelerated Approval of Proposed                                                                                 orders executed in the Solicited Order
                                                                                                              Self-Regulatory Organizations;
                                                  Rule Change, as Modified by                                 International Securities Exchange,                      Mechanism (‘‘Solicitation’’ orders).
                                                  Amendment No. 1                                             LLC; Notice of Filing and Immediate                     Accordingly, the proposed rule change
                                                                                                              Effectiveness of Proposed Rule                          will also increase the rebates that the
                                                     The Commission finds good cause to
                                                                                                              Change To Amend the Schedule of                         Exchange currently provides to
                                                  approve the proposed rule change, as
                                                                                                              Fees                                                    members using QCC and/or other
                                                  modified by Amendment No. 1, prior to                                                                               solicited crossing orders, including
                                                  the thirtieth day after the date of                         February 22, 2017.                                      solicited orders executed in the
                                                  publication of the notice of Amendment                         Pursuant to Section 19(b)(1) of the                  Solicitation, Facilitation, and Price
                                                  No. 1 in the Federal Register. As                           Securities Exchange Act of 1934                         Improvement Mechanisms (‘‘solicited
                                                  described above, in Amendment No. 1,                        (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 crossing orders’’), in each case between
                                                  Phlx updated its proposal to reflect: (1)                   notice is hereby given that on February                 Professional Customers or between a
                                                  That members of the Board Panel may                         10, 2017, the International Securities                  Professional Customer and a Priority
                                                  not have been involved at all in the                        Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’)                 Customer.5
                                                  decision appealed from and must                             filed with the Securities and Exchange                     Currently, the Exchange does not
                                                  otherwise have no conflict of interest;                     Commission (‘‘SEC’’ or ‘‘Commission’’)                  charge a fee to Professional Customers
                                                  and (2) that the Board shall choose                         the proposed rule change as described                   for QCC and Solicitation orders.6 As
                                                  individuals whose background,                               in Items I and II, below, which Items                   such, Professional Customer volume in
                                                  experience, and training qualify them to                    have been prepared by the Exchange.                     QCC and Solicitation orders are rebated
                                                                                                              The Commission is publishing this                       in accordance with the standard
                                                  consider and make determinations
                                                                                                              notice to solicit comments on the                       ‘‘Customer to Customer’’ rebate tiers,
                                                  regarding the subject matter to be
                                                                                                              proposed rule change from interested                    which are lower than the rebates
                                                  presented to the panel. The Commission                      persons.
                                                  believes that Amendment No. 1 clarifies                                                                             provided for QCC and other solicited
                                                  the criteria for ensuring the                               I. Self-Regulatory Organization’s                       crossing orders to all other market
                                                  independence of the Board Panel that                        Statement of the Terms of Substance of                  participants than Professional and
                                                  could hear an appeal pursuant to Rules                      the Proposed Rule Change                                Priority Customers, as further described
                                                  507 and 510. Accordingly, for the                              The Exchange proposes to amend the                   below.
                                                  reasons noted above, the Commission                         Exchange’s Schedule of Fees, as                            The Exchange presently offers
                                                                                                              described in further detail below.                      members rebates in QCC and other
                                                  finds good cause for approving the
                                                                                                                 The text of the proposed rule change                 solicited crossing orders. These rebates
                                                  proposed rule change, as modified by
                                                                                                              is available on the Exchange’s Web site                 are provided for each originating
                                                  Amendment No. 1, on an accelerated
                                                                                                              at www.ise.com, at the principal office                 contract side of a crossing order, based
                                                  basis, pursuant to Section 19(b)(2) of the                                                                          on a member’s volume in the crossing
                                                  Act.55                                                      of the Exchange, and at the
                                                                                                              Commission’s Public Reference Room.                     mechanisms during a given month. The
                                                  VI. Conclusion                                                                                                      applicable rebates will be applied on
                                                                                                              II. Self-Regulatory Organization’s                      QCC and other solicited crossing order
                                                    It is therefore ordered, pursuant to                      Statement of the Purpose of, and                        traded contracts once the specified
                                                  Section 19(b)(2) of the Act,56 that the                     Statutory Basis for, the Proposed Rule                  volume threshold is met. Members
                                                  proposed rule change (SR–Phlx–2016–                         Change                                                  receive the Non-‘‘Customer to
                                                  105), as modified by Amendment No. 1                           In its filing with the Commission, the               Customer’’ Rebate for all QCC and/or
                                                  thereto, be, and hereby is, approved on                     Exchange included statements                            other solicited crossing orders except for
                                                  an accelerated basis.                                       concerning the purpose of and basis for                 QCC and other solicited crossing orders
                                                                                                              the proposed rule change and discussed                  between two Priority and/or
                                                    For the Commission, by the Division of
                                                                                                              any comments it received on the                         Professional Customers. QCC and other
                                                  Trading and Markets, pursuant to delegated
                                                                                                              proposed rule change. The text of these                 solicited crossing orders between two
                                                  authority.57
                                                                                                              statements may be examined at the                       Priority and/or Professional Customers
                                                  Eduardo A. Aleman,                                                                                                  receive the ‘‘Customer to Customer’’
                                                                                                              places specified in Item IV below. The
                                                  Assistant Secretary.                                        Exchange has prepared summaries, set                    Rebate or ‘‘Customer to Customer’’
                                                  [FR Doc. 2017–03729 Filed 2–24–17; 8:45 am]                 forth in sections A, B, and C below, of
                                                  BILLING CODE 8011–01–P                                      the most significant aspects of such                       3 ‘‘FX Option Symbols’’ are options overlying

                                                                                                              statements.                                             AUM, GBP, EUU and NDO.
                                                                                                                                                                         4 A ‘‘Professional Customer’’ is a person or entity

                                                                                                              A. Self-Regulatory Organization’s                       that is not a broker/dealer and is not a Priority
                                                                                                              Statement of the Purpose of, and                        Customer.
                                                                                                                                                                         5 A ‘‘Priority Customer’’ is a person or entity that:
                                                                                                              Statutory Basis for, the Proposed Rule
                                                                                                                                                                      (i) is not a broker or dealer in securities; and (ii)
                                                                                                              Change                                                  does not place more than 390 orders in listed
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                              1. Purpose                                              options per day on average during a calendar month
                                                                                                                                                                      for its own beneficial account(s), as defined in ISE
                                                                                                                 The purpose of the proposed rule                     Rule 100(a)(37A).
                                                                                                                                                                         6 See Securities Exchange Act Release No. 79811
                                                                                                              change is to amend the Exchange’s
                                                                                                                                                                      (January 17, 2017), 82 FR 8244 (January 24, 2017)
                                                                                                              Schedule of Fees to increase, for all                   (SR–ISE–2017–01) (eliminating the Professional
                                                    55 15    U.S.C. 78s(b)(2).
                                                                                                                                                                      Customer fee for the initiating or contra side of a
                                                    56 Id.                                                      1 15   U.S.C. 78s(b)(1).                              QCC or Solicitation order) (the ‘‘January Fee
                                                    57 17    CFR 200.30–3(a)(12).                               2 17   CFR 240.19b–4.                                 Filing’’).



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                                                  11972                         Federal Register / Vol. 82, No. 37 / Monday, February 27, 2017 / Notices

                                                  Rebate PLUS,7 respectively. Currently,                   among members and issuers and other                  B. Self-Regulatory Organization’s
                                                  for the Non-‘‘Customer to Customer’’                     persons using any facility, and is not               Statement on Burden on Competition
                                                  Rebate, for members that execute 0 to                    designed to permit unfair                               The Exchange does not believe that
                                                  99,999 originating contract sides (‘‘Tier                discrimination between customers,                    the proposed rule change will impose
                                                  1’’) the rebate is $0.00 per contract, for               issuers, brokers, or dealers.                        any burden on competition not
                                                  members that execute 100,000 to                                                                               necessary or appropriate in furtherance
                                                                                                              The Exchange believes that it is
                                                  199,999 originating contract sides (‘‘Tier                                                                    of the purposes of the Act. In terms of
                                                  2’’) the rebate is $0.05 per contract, for               reasonable and equitable to increase the
                                                                                                           fee for Professional Customer QCC and                inter-market competition, the Exchange
                                                  members that execute 200,000 to                                                                               notes that it operates in a highly
                                                  499,999 originating contract sides (‘‘Tier               Solicitation orders because the proposed
                                                                                                           fee is designed to be attractive to                  competitive market in which market
                                                  3’’) the rebate is $0.07 per contract, for                                                                    participants can readily favor competing
                                                  members that execute 500,000 to                          Professional Customers that trade on
                                                                                                                                                                venues if they deem fee levels at a
                                                  699,999 originating contract sides (‘‘Tier               ISE, and is generally lower than the fees
                                                                                                                                                                particular venue to be excessive, or
                                                  4’’) the rebate is $0.08 per contract, for               applicable to other market participants,             rebate opportunities available at other
                                                  members that execute 700,000 to                          except for Priority Customers. Although              venues to be more favorable. In such an
                                                  999,999 originating contract sides (‘‘Tier               the Exchange is increasing the                       environment, the Exchange must
                                                  5’’) the rebate is $0.09 per contract, and               Professional Customer fee for QCC and                continually adjust its fees to remain
                                                  for members that execute 1,000,000                       Solicitation orders, it is also increasing           competitive with other exchanges and
                                                  originating contract sides or more (‘‘Tier               the associated rebates that the Exchange             with alternative trading systems that
                                                  6’’) the rebate is $0.11 per contract.8                  provides to members using such orders                have been exempted from compliance
                                                  Also, for the ‘‘Customer to Customer’’                   with the intent to attract greater order             with the statutory standards applicable
                                                  Rebate, for Tier 1 the rebate is $0.00, for              flow to ISE, which would ultimately                  to exchanges. Because competitors are
                                                  Tiers 2 and 3 the rebate is $0.01, and for               benefit all market participants that trade           free to modify their own fees in
                                                  Tiers 4 through 6 the rebate is $0.03.                   on the Exchange.                                     response, and because market
                                                  Lastly, for the ‘‘Customer to Customer’’                                                                      participants may readily adjust their
                                                  Rebate PLUS, for Tier 1 the rebate is                       In addition, the Exchange believes
                                                                                                           that it is equitable and not unfairly                order routing practices, the degree to
                                                  $0.00, and for Tiers 2 through 6 the                                                                          which fee changes in this market may
                                                  rebate is $0.05.                                         discriminatory to continue to provide
                                                                                                           lower fees for Priority Customer orders.             impose any burden on competition is
                                                     The Exchange now proposes to charge                                                                        extremely limited.
                                                  a fee of $0.10 per contract to                           A Priority Customer is by definition not
                                                  Professional Customers for QCC and                       a broker or dealer in securities, and does           C. Self-Regulatory Organization’s
                                                  Solicitation orders. Accordingly, the                    not place more than 390 orders in listed             Statement on Comments on the
                                                  Exchange also proposes that                              options per day on average during a                  Proposed Rule Change Received From
                                                  Professional Customer volume in QCC                      calendar month for its own beneficial                Members, Participants, or Others
                                                  and Solicitation orders, as well as other                account(s). This limitation does not                   No written comments were either
                                                  solicited crossing orders, be rebated in                 apply to participants whose behavior is              solicited or received.
                                                  the higher amounts set forth in the Non-                 substantially similar to that of market
                                                  ‘‘Customer to Customer’’ Rebate tiers as                 professionals, including Professional                III. Date of Effectiveness of the
                                                  described above. As a result of the                                                                           Proposed Rule Change and Timing for
                                                                                                           Customers, who will generally submit a
                                                  proposed changes, members would                                                                               Commission Action
                                                                                                           higher number of orders than Priority
                                                  receive the ‘‘Customer to Customer’’                     Customers. The Exchange notes that a                    The foregoing rule change has become
                                                  Rebate and the ‘‘Customer to Customer’’                  recent modification to its rules caused a            effective pursuant to Section
                                                  Rebate PLUS for QCC and/or other                         number of its Priority Customers to be               19(b)(3)(A)(ii) of the Act,12 and Rule
                                                  solicited crossing orders between two                    re-classified as Professional                        19b–4(f)(2) 13 thereunder. At any time
                                                  Priority Customers only.                                 Customers.11 Under the rule change,                  within 60 days of the filing of the
                                                  2. Statutory Basis                                       such market participants who were                    proposed rule change, the Commission
                                                                                                           previously classified as Priority                    summarily may temporarily suspend
                                                     The Exchange believes that its                                                                             such rule change if it appears to the
                                                  proposal is consistent with Section 6(b)                 Customers, and incurred no fees for
                                                                                                                                                                Commission that such action is: (i)
                                                  of the Act,9 in general, and furthers the                executing QCC and Solicitation orders,
                                                                                                                                                                Necessary or appropriate in the public
                                                  objectives of Sections 6(b)(4) and 6(b)(5)               would have started incurring such fees
                                                                                                                                                                interest; (ii) for the protection of
                                                  of the Act,10 in particular, in that it                  after being re-classified as Professional            investors; or (iii) otherwise in
                                                  provides for the equitable allocation of                 Customers. The Exchange therefore                    furtherance of the purposes of the Act.
                                                  reasonable dues, fees and other charges                  decided to treat these market                        If the Commission takes such action, the
                                                                                                           participants the same as Priority                    Commission shall institute proceedings
                                                     7 The PLUS rebates currently apply to ‘‘Customer
                                                                                                           Customers for purposes of the QCC and                to determine whether the proposed rule
                                                  to Customer’’ Orders (i.e. QCC and other solicited       Solicitation orders as a means of easing
                                                  crossing orders between two Priority and/or                                                                   should be approved or disapproved.
                                                  Professional Customers) executed by members with         the transition process for such
                                                  (1) a specified volume of QCC and other solicited        participants. Following the one month                IV. Solicitation of Comments
                                                  crossing orders in a given month and (2) 175,000         period, the Exchange has determined                    Interested persons are invited to
                                                  or more unsolicited originating Facilitation contract
                                                  sides per month. The Exchange notes that members         that it is reasonable to begin assessing             submit written data, views, and
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                                                  may receive either the ‘‘Customer to Customer’’          fees for Professional Customer QCC and               arguments concerning the foregoing,
                                                  Rebate or the ‘‘Customer to Customer’’ Rebate            Solicitation orders, which are still lower           including whether the proposed rule
                                                  PLUS—not both.                                                                                                change is consistent with the Act.
                                                     8 The rebate is applied to the originating contract
                                                                                                           than the original amounts assessed prior
                                                  side of QCC and other solicited crossing orders          to the January Fee Filing.                           Comments may be submitted by any of
                                                  traded in a given month once a member reaches the                                                             the following methods:
                                                  specified volume threshold/tier during that month.         11 See Securities Exchange Act Release No. 78788
                                                     9 15 U.S.C. 78f(b).                                                                                          12 15   U.S.C. 78s(b)(3)(A)(ii).
                                                                                                           (September 8, 2016), 81 FR 63252 (September 14,
                                                     10 15 U.S.C. 78f(b)(4) and (5).                       2016) (SR–ISE–2016–19).                                13 17   CFR 240.19b–4(f)(2).



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                                                                                   Federal Register / Vol. 82, No. 37 / Monday, February 27, 2017 / Notices                                               11973

                                                  Electronic Comments                                       SECURITIES AND EXCHANGE                               set forth in sections A, B, and C below,
                                                                                                            COMMISSION                                            of the most significant parts of such
                                                    • Use the Commission’s Internet                                                                               statements.
                                                  comment form (http://www.sec.gov/                         [Release No. 34–80082; File No. SR–
                                                  rules/sro.shtml); or                                      NYSEArca–2017–14]                                     A. Self-Regulatory Organization’s
                                                                                                                                                                  Statement of the Purpose of, and
                                                    • Send an email to rule-comments@                       Self-Regulatory Organizations; NYSE                   Statutory Basis for, the Proposed Rule
                                                  sec.gov. Please include File Number SR–                   Arca, Inc.; Notice of Filing and                      Change
                                                  ISE–2017–10 on the subject line.                          Immediate Effectiveness of Proposed
                                                                                                            Rule Change Amending the Eighth                       1. Purpose
                                                  Paper Comments                                            Amended and Restated Certificate of
                                                                                                            Incorporation of Intercontinental                       The Exchange proposes to make non-
                                                    • Send paper comments in triplicate                                                                           substantive changes to (a) the ICE
                                                  to Secretary, Securities and Exchange                     Exchange Holdings, Inc. and the Fifth
                                                                                                            Amended and Restated Certificate of                   Holdings Certificate to add a reference
                                                  Commission, 100 F Street NE.,                                                                                   to the name under which it filed its
                                                  Washington, DC 20549–1090.                                Incorporation of NYSE Group, Inc.
                                                                                                                                                                  original certificate of incorporation, and
                                                  All submissions should refer to File                      February 22, 2017.                                    (b) the Fifth Amended NYSE Group
                                                  Number SR–ISE–2017–10. This file                             Pursuant to Section 19(b)(1) 1 of the              Certificate to update obsolete references.
                                                  number should be included on the                          Securities Exchange Act of 1934 (the
                                                                                                            ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                ICE Holdings Certificate
                                                  subject line if email is used. To help the
                                                                                                            notice is hereby given that on February                  The Exchange’s parent, NYSE Group,
                                                  Commission process and review your
                                                                                                            8, 2017, NYSE Arca, Inc. (‘‘NYSE Arca’’               is a wholly-owned subsidiary of NYSE
                                                  comments more efficiently, please use
                                                                                                            or the ‘‘Exchange’’), filed with the                  Holdings LLC, which is in turn 100%
                                                  only one method. The Commission will                      Securities and Exchange Commission
                                                  post all comments on the Commission’s                                                                           owned by Intercontinental Exchange
                                                                                                            (the ‘‘Commission’’) the proposed rule                Holdings, Inc. (‘‘ICE Holdings’’).
                                                  Internet Web site (http://www.sec.gov/                    change as described in Items I and II
                                                  rules/sro.shtml). Copies of the                                                                                 Intercontinental Exchange, Inc. (‘‘ICE’’),
                                                                                                            below, which Items have been prepared                 a public company listed on the New
                                                  submission, all subsequent                                by the self-regulatory organization. The
                                                  amendments, all written statements                                                                              York Stock Exchange, owns 100% of
                                                                                                            Commission is publishing this notice to               ICE Holdings.
                                                  with respect to the proposed rule                         solicit comments on the proposed rule
                                                  change that are filed with the                            change from interested persons.                          The original certificate of
                                                  Commission, and all written                                                                                     incorporation of ICE Holdings was filed
                                                  communications relating to the                            I. Self-Regulatory Organization’s                     in 2000, under the name
                                                                                                            Statement of the Terms of the Substance               ‘‘IntercontinentalExchange, Inc.’’ In
                                                  proposed rule change between the
                                                                                                            of the Proposed Rule Change                           2014, ICE Holdings changed its name
                                                  Commission and any person, other than
                                                  those that may be withheld from the                          The Exchange proposes to amend (a)                 from ‘‘IntercontinentalExchange, Inc.’’
                                                  public in accordance with the                             the Eighth Amended and Restated                       to ‘‘Intercontinental Exchange Holdings,
                                                  provisions of 5 U.S.C. 552, will be                       Certificate of Incorporation of                       Inc.’’ At the same time, ICE Holding’s
                                                  available for Web site viewing and                        Intercontinental Exchange Holdings,                   parent, ICE, changed its name from
                                                                                                            Inc. (the ‘‘ICE Holdings Certificate’’) to            ‘‘IntercontinentalExchange Group, Inc.’’
                                                  printing in the Commission’s Public
                                                                                                            add a reference to the name under                     to ‘‘Intercontinental Exchange, Inc.’’ 4
                                                  Reference Room, 100 F Street NE.,
                                                                                                            which it filed its original certificate of               In response to a comment received
                                                  Washington, DC 20549, on official
                                                                                                            incorporation, and (b) the Fifth                      from the State of Delaware Department
                                                  business days between the hours of
                                                                                                            Amended and Restated Certificate of                   of State, the Exchange proposes to
                                                  10:00 a.m. and 3:00 p.m. Copies of the                    Incorporation of NYSE Group, Inc. (the
                                                  filing also will be available for                                                                               amend paragraph (1) of the ICE
                                                                                                            ‘‘Fifth Amended NYSE Group                            Holdings Certificate to add a reference
                                                  inspection and copying at the principal                   Certificate’’) to update obsolete
                                                  office of the Exchange. All comments                                                                            to the fact that the original certificate of
                                                                                                            references. The proposed rule change is               incorporation was filed under the name
                                                  received will be posted without change;                   available on the Exchange’s Web site at               ‘‘IntercontinentalExchange, Inc.’’ The
                                                  the Commission does not edit personal                     www.nyse.com, at the principal office of              revised paragraph would read as follows
                                                  identifying information from                              the Exchange, and at the Commission’s                 (proposed new text italic):
                                                  submissions. You should submit only                       Public Reference Room.
                                                  information that you wish to make                                                                                  (1) The present name of the
                                                  available publicly. All submissions                       II. Self-Regulatory Organization’s                    Corporation is Intercontinental
                                                                                                            Statement of the Purpose of, and                      Exchange Holdings, Inc. The original
                                                  should refer to File Number and should
                                                                                                            Statutory Basis for, the Proposed Rule                Certificate of Incorporation of the
                                                  be submitted on or before March 20,
                                                                                                            Change                                                Corporation was filed on June 16, 2000
                                                  2017.
                                                                                                               In its filing with the Commission, the             (the ‘‘Original Certificate of
                                                    For the Commission, by the Division of                                                                        Incorporation), and the name under
                                                                                                            self-regulatory organization included
                                                  Trading and Markets, pursuant to delegated                                                                      which the Corporation filed the Original
                                                                                                            statements concerning the purpose of,
                                                  authority.14                                                                                                    Certificate of Incorporation was
                                                                                                            and basis for, the proposed rule change
                                                  Eduardo A. Aleman,                                        and discussed any comments it received                IntercontinentalExchange, Inc.
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                                                  Assistant Secretary.                                      on the proposed rule change. The text                 Fifth Amended NYSE Group Certificate
                                                  [FR Doc. 2017–03799 Filed 2–24–17; 8:45 am]               of those statements may be examined at
                                                  BILLING CODE 8011–01–P                                    the places specified in Item IV below.                  The Securities and Exchange
                                                                                                            The Exchange has prepared summaries,                  Commission approved the Fifth
                                                                                                              1 15 U.S.C.78s(b)(1).                                 4 See Securities Exchange Release No. 72157 (May
                                                                                                              2 15 U.S.C. 78a.                                    13, 2014), 79 FR 28792 (May 19, 2014) (SR–
                                                    14 17   CFR 200.30–3(a)(12).                              3 17 CFR 240.19b–4.                                 NYSEArca–2014–52).



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Document Created: 2017-02-25 01:05:59
Document Modified: 2017-02-25 01:05:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 11971 

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