82_FR_14639 82 FR 14586 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchange's Schedule of Fees

82 FR 14586 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchange's Schedule of Fees

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 53 (March 21, 2017)

Page Range14586-14589
FR Document2017-05499

Federal Register, Volume 82 Issue 53 (Tuesday, March 21, 2017)
[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Notices]
[Pages 14586-14589]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05499]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80249; File No. SR-ISE-2017-23]


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

March 15, 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 March 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.
---------------------------------------------------------------------------

    \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

    The Exchange proposes to amend the Schedule of Fees to: (i) 
Eliminate the Priority Customer complex order rebate for orders in the 
NASDAQ 100 Index option (``NDX'') and in the Mini Nasdaq 100 Index 
option (``MNX''); (ii) increase the Non-Priority Customer License 
Surcharge for Index Options for NDX and MNX options, and (iii) waive 
the Marketing Fees for NDX and MNX, as described further 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: (i) Eliminate the 
Priority Customer complex order rebate for orders in NDX and MNX; (ii) 
increase the Non-Priority Customer License Surcharge for Index Options 
for NDX and MNX, and (iii) waive marketing fees for NDX and MNX.\3\ The 
Exchange notes that both NDX and MNX are transitioning to be 
exclusively listed on the Exchange and its affiliated markets in 
2017.\4\
---------------------------------------------------------------------------

    \3\ The Exchange initially filed the proposed pricing change on 
March 1, 2017 (SR-ISE-2017-21). On March 10, 2017, the Exchange 
withdrew that filing and submitted this filing.
    \4\ The Exchange and its affiliates will exclusively list NDX 
and MNX in the near future upon expiration of open expiries in these 
products on other markets.
---------------------------------------------------------------------------

Eliminate Rebate for Priority Customer Complex Orders in Non-Select 
Symbols for Orders in NDX and MNX
    Currently, the Exchange provides rebates to Priority Customer \5\ 
complex orders that trade with non-Priority Customer complex orders in 
the complex order book or trade with quotes and orders on the regular 
order book.\6\ Rebates are tiered based on a member's ADV executed 
during a given month as follows: 0 to 14,999 contracts (``Tier 1''), 
15,000 to 44,999 contracts (``Tier 2''), 45,000 to 59,999 contracts 
(``Tier 3''), 60,000 to 74,999 contracts (``Tier 4''), 75,000 to 99,999 
contracts (``Tier 5''), 100,000 to 124,999 contracts (``Tier 6''), 
125,000 to 224,999 contracts (``Tier 7''), and 225,000 or more 
contracts (``Tier 8''). In Non-Select Symbols,\7\ including NDX and 
MNX, the rebate is $0.40 per contract for Tier 1, $0.60 per contract 
for Tier 2, $0.70 per contract for Tier 3, $0.75 per contract for Tier 
4, $0.75 per contract for Tier 5, $0.80 per contract for Tier 6, $0.81 
per contract for Tier 7, and $0.85 per contract for Tier 8. The 
Exchange now proposes to add note 4 to Section II of the Schedule of 
Fees to provide that no Priority Customer complex order rebates will be 
paid for orders in NDX or MNX.
---------------------------------------------------------------------------

    \5\ A ``Priority Customer'' is a person or entity that is not a 
broker/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), as defined in ISE Rule 100(a)(37A).
    \6\ These rebates are provided per contract per leg if the order 
trades with non-Priority Customer orders in the complex order book, 
or trades with quotes and orders on the regular order book.
    \7\ ``Select Symbols'' are options overlying all symbols listed 
on the ISE that are in the Penny Pilot Program. ``Non-Select 
Symbols'' are options overlying all symbols, excluding Select 
Symbols. NDX and MNX are Non-Select Symbols.
---------------------------------------------------------------------------

Increase Non-Priority Customer License Surcharge for Index Options for 
NDX and MNX
    The purpose of the second proposed change is to raise revenue for 
the Exchange by increasing the Non-Priority Customer License Surcharge 
for options on NDX and MNX. Currently, a number of Non-Select Symbols 
are index options that are traded on the Exchange pursuant to license 
agreements for which the Exchange charges license surcharges. The 
Exchange charges the following license surcharges for all orders other 
than Priority Customer orders: $ 0.10 per contract for options on BKX, 
and $ 0.22 per contract for options on NDX and MNX. The license 
surcharge fees, which are charged by the Exchange to defray the 
licensing costs, are charged in addition to transaction fees. The 
Exchange is now proposing to amend Section IV.B of the Schedule of Fees 
to increase the Non-Priority Customer License Surcharge for Index 
Options for NDX and MNX from $ 0.22 per contract to $ 0.25 per 
contract.
Waive the Marketing Fee for NDX and MNX Options
    Currently, the Exchange administers a Marketing Fee program that 
helps Market Makers establish Marketing Fee

[[Page 14587]]

arrangements with Electronic Access Members (``EAMs'') in exchange for 
those EAMs routing some or all of their order flow to the Market Maker. 
This Marketing Fee program is funded through a fee of $ 0.70 per 
contract, which is paid by ISE Market Makers for each regular Priority 
Customer contract executed in Non-Select Symbols.\8\ The fee is waived 
in FX Options, Flash Orders, and for Complex Orders in all symbols. The 
Exchange now proposes to amend Section IV.D of the Schedule of Fees to 
similarly waive the fee for NDX and MNX options.
---------------------------------------------------------------------------

    \8\ The Marketing Fee is rebated proportionately to the members 
that paid the fee such that on a monthly basis the Marketing Fee 
fund balance administered by a Primary Market Maker for a Group of 
options established under Rule 802(b) does not exceed $100,000 and 
the Marketing Fee fund balance administered by a preferenced 
Competitive Market Maker for such a Group does not exceed $100,000. 
A preferenced Competitive Market Maker that elects not to administer 
a fund will not be charged the Marketing Fee. The Exchange assesses 
an administrative fee of 0.45% on the total amount of the funds 
collected each month.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Commission and the courts have repeatedly expressed their 
preference for competition over regulatory intervention in determining 
prices, products, and services in the securities markets. In Regulation 
NMS, while adopting a series of steps to improve the current market 
model, the Commission highlighted the importance of market forces in 
determining prices and SRO revenues and, also, recognized that current 
regulation of the market system ``has been remarkably successful in 
promoting market competition in its broader forms that are most 
important to investors and listed companies.'' \11\
---------------------------------------------------------------------------

    \11\ Securities Exchange Act Release No. 51808 (June 9, 2005), 
70 FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting 
Release'').
---------------------------------------------------------------------------

    Likewise, in NetCoalition v. Securities and Exchange Commission 
\12\ (``NetCoalition'') the D.C. Circuit upheld the Commission's use of 
a market-based approach in evaluating the fairness of market data fees 
against a challenge claiming that Congress mandated a cost-based 
approach.\13\ As the court emphasized, the Commission ``intended in 
Regulation NMS that `market forces, rather than regulatory 
requirements' play a role in determining the market data . . . to be 
made available to investors and at what cost.'' \14\
---------------------------------------------------------------------------

    \12\ NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir. 2010).
    \13\ See NetCoalition, at 534-535.
    \14\ Id. at 537.
---------------------------------------------------------------------------

    Further, ``[n]o one disputes that competition for order flow is 
`fierce.' . . . As the SEC explained, `[i]n the U.S. national market 
system, buyers and sellers of securities, and the broker-dealers that 
act as their order-routing agents, have a wide range of choices of 
where to route orders for execution'; [and] `no exchange can afford to 
take its market share percentages for granted' because `no exchange 
possesses a monopoly, regulatory or otherwise, in the execution of 
order flow from broker dealers'. . . .'' \15\ Although the court and 
the SEC were discussing the cash equities markets, the Exchange 
believes that these views apply with equal force to the options 
markets.
---------------------------------------------------------------------------

    \15\ Id. at 539 (quoting Securities Exchange Act Release No. 
59039 (December 2, 2008), 73 FR 74770, 74782-83 (December 9, 2008) 
(SR-NYSEArca-2006-21)).
---------------------------------------------------------------------------

    The Exchange notes that the proposed rule changes are reasonable, 
equitable and not unfairly discriminatory as NDX and MNX transition to 
exclusively listed products. Similar to other proprietary products, the 
Exchange seeks to recoup the operational costs \16\ for listing 
proprietary products. Also, pricing by symbol is a common practice on 
many U.S. options exchanges as a means to incentivize order flow to be 
sent to an exchange for execution in particular products. Other options 
exchanges price by symbol.\17\
---------------------------------------------------------------------------

    \16\ By way of example, in analyzing an obvious error, the 
Exchange would have additional data points available in establishing 
a theoretical price for a multiply listed option as compared to a 
proprietary product, which requires additional analysis and 
administrative time to comply with Exchange rules to resolve an 
obvious error.
    \17\ See pricing for RUT on CBOE's Fees Schedule.
---------------------------------------------------------------------------

Eliminate Rebate for Priority Customer Complex Orders in Non-Select 
Symbols for Orders in NDX and MNX
    The Exchange's proposal to eliminate the rebate for Priority 
Customer complex orders in Non-Select Symbols for orders in NDX and MNX 
is reasonable because even after elimination of the rebate, Priority 
Customer complex orders in NDX and MNX will not be assessed any Complex 
Order transaction fees.\18\ By contrast, Public Customer executions on 
the C2 Options Exchange in another broad-based index option, the option 
on the Russell 2000 Index (RUT), are subject to a $0.15 per contract 
transaction fee.\19\
---------------------------------------------------------------------------

    \18\ Further, the Exchange notes that with its products, market 
participants are offered an opportunity to either transact options 
overlying NDX and MNX or separately execute options overlying 
PowerShares QQQ Trust (``QQQ''), an exchange-traded fund that, like 
MNX and NDX options, is based on the Nasdaq-100 Index. Offering 
products such as QQQ provides market participants with a variety of 
choices in selecting the product they desire as alternatives to NDX 
and MNX. By comparison, a market participant may trade options 
overlying RUT or separately the market participant has the choice of 
trading iShares Russell 2000 Index Fund (``IWM'') Exchange-Traded 
Fund Shares options, which are also multiply listed. When exchanges 
are able to recoup costs associated with offering proprietary 
products, it incentivizes growth and competition for the innovation 
of additional products.
    \19\ See C2 Options Exchange, Incorporated Fees Schedule, 
Section 1.C.
---------------------------------------------------------------------------

    The Exchange's proposal to eliminate the rebate for Priority 
Customer complex orders in Non-Select Symbols for orders in NDX and MNX 
is an equitable allocation and is not unfairly discriminatory because 
the Exchange will eliminate the rebate for all similarly-situated 
members.
Increase Non-Priority Customer License Surcharge for Index Options for 
NDX and MNX
    The Exchange believes that its proposal to increase the Non-
Priority Customer License Surcharge for Index Options for NDX and MNX 
is reasonable because it is in line with the options surcharge of $0.25 
for transactions in NDX and MNX on NASDAQ PHLX and is in fact lower 
than the $0.45 C2 Options Exchange surcharge applicable to non-public 
customer transactions in RUT, which is another broad-based index option 
and similar proprietary product.\20\
---------------------------------------------------------------------------

    \20\ See C2 Options Exchange, Incorporated Fees Schedule, 
Section 1.D.
---------------------------------------------------------------------------

    The Exchange believes that its proposal to increase the Non-
Priority Customer License Surcharge for Index Options for NDX and MNX 
is an equitable allocation and is not unfairly discriminatory because 
the Exchange will apply the increase to all similarly-situated members. 
The Exchange believes it is equitable and not unfairly discriminatory 
to assess this increased surcharge on all participants except Priority 
Customers because the Exchange seeks to encourage Priority Customer 
order flow and the liquidity such order flow brings to the marketplace, 
which in turn benefits all market participants.

[[Page 14588]]

Waive the Marketing Fee for NDX and MNX
    The Exchange believes that its proposal to waive the Marketing Fee 
for NDX and MNX is reasonable because the purpose of a Marketing Fee is 
to attract order flow to the Exchange. Because NDX and MNX are no 
longer widely traded on many competing options exchanges, a Marketing 
Fee whose purpose is to attract order flow to the Exchange is no longer 
necessary to attract order flow to ISE.
    The Exchange believes that its proposal to waive the Marketing Fee 
for NDX and MNX is an equitable allocation and is not unfairly 
discriminatory because the Exchange will waive the Marketing Fee for 
all similarly-situated members.

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 Exchange believes that the degree to which fee changes in this 
market may impose any burden on competition is extremely limited.
    The proposed amendments to the fees will eliminate the rebate for 
Priority Customer complex orders in Non-Select Symbols for orders in 
NDX and MNX, increase the Non-Priority Customer License Surcharge for 
Index Options for NDX and MNX, and waive the Marketing Fee for NDX and 
MNX. In sum, if the changes proposed herein are unattractive to market 
participants, it is likely that the Exchange will lose market share as 
a result. Accordingly, the Exchange does not believe that the proposed 
changes will impair the ability of members or competing order execution 
venues to maintain their competitive standing in the financial markets 
or will impose any inter-market burden on competition for the reasons 
stated above.\21\
---------------------------------------------------------------------------

    \21\ See footnote 18 above.
---------------------------------------------------------------------------

    In terms of intra-market competition, the elimination of the rebate 
for Priority Customer complex orders for orders in NDX and MNX will 
result in total fees for orders in NDX and MNX becoming more uniform 
across all classes of market participants, while still permitting 
Priority Customers to transact in NDX and MNX free of any transaction 
charge. Removing the rebate will also enhance the Exchange's ability to 
offer other rebates or reduced fees that could incentivize behavior 
that would enhance market quality on the Exchange, which would benefit 
all members.\22\ Likewise, the increase in the Non-Priority Customer 
License Surcharge for Index Options for NDX and MNX will impact all 
Non-Priority Customers equally, and will raise revenue for the Exchange 
without negatively impacting Priority Customers whose orders may 
enhance market quality for all Exchange members. Finally, the waiver of 
the Marketing Fee for NDX and MNX will reduce an existing disparity 
between ISE Market Makers, who currently are subject to the fee, and 
other Exchange members.
---------------------------------------------------------------------------

    \22\ The Exchange offers rebates to market participants to 
encourage certain behavior on the Exchange such as adding more 
liquidity in a certain product.
---------------------------------------------------------------------------

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,\23\ and Rule 19b-4(f)(2) \24\ 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.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \24\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-ISE-2017-23 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-2017-23. 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 SR-ISE-2017-23 and should be 
submitted on or before April 11, 2017.
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).


[[Page 14589]]


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

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\25\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-05499 Filed 3-20-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                  14586                          Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Notices

                                                  public in accordance with the                           Priority Customer complex order rebate                    Customer complex orders in the
                                                  provisions of 5 U.S.C. 552, will be                     for orders in the NASDAQ 100 Index                        complex order book or trade with quotes
                                                  available for Web site viewing and                      option (‘‘NDX’’) and in the Mini Nasdaq                   and orders on the regular order book.6
                                                  printing in the Commission’s Public                     100 Index option (‘‘MNX’’); (ii) increase                 Rebates are tiered based on a member’s
                                                  Reference Room, 100 F Street NE.,                       the Non-Priority Customer License                         ADV executed during a given month as
                                                  Washington, DC 20549 on official                        Surcharge for Index Options for NDX                       follows: 0 to 14,999 contracts (‘‘Tier 1’’),
                                                  business days between the hours of                      and MNX options, and (iii) waive the                      15,000 to 44,999 contracts (‘‘Tier 2’’),
                                                  10:00 a.m. and 3:00 p.m. Copies of the                  Marketing Fees for NDX and MNX, as                        45,000 to 59,999 contracts (‘‘Tier 3’’),
                                                  filing also will be available for                       described further below.                                  60,000 to 74,999 contracts (‘‘Tier 4’’),
                                                  inspection and copying at the principal                    The text of the proposed rule change                   75,000 to 99,999 contracts (‘‘Tier 5’’),
                                                  office of FICC and on DTCC’s Web site                   is available on the Exchange’s Web site                   100,000 to 124,999 contracts (‘‘Tier 6’’),
                                                  (http://dtcc.com/legal/sec-rule-                        at www.ise.com, at the principal office                   125,000 to 224,999 contracts (‘‘Tier 7’’),
                                                  filings.aspx). All comments received                    of the Exchange, and at the                               and 225,000 or more contracts (‘‘Tier
                                                  will be posted without change; the                      Commission’s Public Reference Room.                       8’’). In Non-Select Symbols,7 including
                                                  Commission does not edit personal                       II. Self-Regulatory Organization’s                        NDX and MNX, the rebate is $0.40 per
                                                  identifying information from                            Statement of the Purpose of, and                          contract for Tier 1, $0.60 per contract for
                                                  submissions. You should submit only                     Statutory Basis for, the Proposed Rule                    Tier 2, $0.70 per contract for Tier 3,
                                                  information that you wish to make                       Change                                                    $0.75 per contract for Tier 4, $0.75 per
                                                  available publicly. All submissions                                                                               contract for Tier 5, $0.80 per contract for
                                                  should refer to File Number SR–FICC–                       In its filing with the Commission, the                 Tier 6, $0.81 per contract for Tier 7, and
                                                  2017–004 and should be submitted on                     Exchange included statements                              $0.85 per contract for Tier 8. The
                                                  or before April 11, 2017.                               concerning the purpose of and basis for                   Exchange now proposes to add note 4 to
                                                                                                          the proposed rule change and discussed                    Section II of the Schedule of Fees to
                                                    For the Commission, by the Division of
                                                  Trading and Markets, pursuant to delegated              any comments it received on the                           provide that no Priority Customer
                                                  authority.17                                            proposed rule change. The text of these                   complex order rebates will be paid for
                                                  Eduardo A. Aleman,                                      statements may be examined at the                         orders in NDX or MNX.
                                                  Assistant Secretary.
                                                                                                          places specified in Item IV below. The
                                                                                                          Exchange has prepared summaries, set                      Increase Non-Priority Customer License
                                                  [FR Doc. 2017–05502 Filed 3–20–17; 8:45 am]
                                                                                                          forth in sections A, B, and C below, of                   Surcharge for Index Options for NDX
                                                  BILLING CODE 8011–01–P
                                                                                                          the most significant aspects of such                      and MNX
                                                                                                          statements.                                                 The purpose of the second proposed
                                                  SECURITIES AND EXCHANGE                                 A. Self-Regulatory Organization’s                         change is to raise revenue for the
                                                  COMMISSION                                              Statement of the Purpose of, and                          Exchange by increasing the Non-Priority
                                                                                                          Statutory Basis for, the Proposed Rule                    Customer License Surcharge for options
                                                  [Release No. 34–80249; File No. SR–ISE–
                                                  2017–23]                                                Change                                                    on NDX and MNX. Currently, a number
                                                                                                                                                                    of Non-Select Symbols are index
                                                                                                          1. Purpose                                                options that are traded on the Exchange
                                                  Self-Regulatory Organizations;
                                                  International Securities Exchange,                         The purpose of the proposed rule                       pursuant to license agreements for
                                                  LLC; Notice of Filing and Immediate                     change is to: (i) Eliminate the Priority                  which the Exchange charges license
                                                  Effectiveness of Proposed Rule                          Customer complex order rebate for                         surcharges. The Exchange charges the
                                                  Change To Amend the Exchange’s                          orders in NDX and MNX; (ii) increase                      following license surcharges for all
                                                  Schedule of Fees                                        the Non-Priority Customer License                         orders other than Priority Customer
                                                                                                          Surcharge for Index Options for NDX                       orders: $ 0.10 per contract for options
                                                  March 15, 2017.                                         and MNX, and (iii) waive marketing fees                   on BKX, and $ 0.22 per contract for
                                                     Pursuant to Section 19(b)(1) of the                  for NDX and MNX.3 The Exchange notes                      options on NDX and MNX. The license
                                                  Securities Exchange Act of 1934                         that both NDX and MNX are                                 surcharge fees, which are charged by the
                                                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 transitioning to be exclusively listed on                 Exchange to defray the licensing costs,
                                                  notice is hereby given that on March 10,                the Exchange and its affiliated markets                   are charged in addition to transaction
                                                  2017, the International Securities                      in 2017.4                                                 fees. The Exchange is now proposing to
                                                  Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’)                                                                           amend Section IV.B of the Schedule of
                                                  filed with the Securities and Exchange                  Eliminate Rebate for Priority Customer
                                                                                                          Complex Orders in Non-Select Symbols                      Fees to increase the Non-Priority
                                                  Commission (‘‘SEC’’ or ‘‘Commission’’)                                                                            Customer License Surcharge for Index
                                                  the proposed rule change as described                   for Orders in NDX and MNX
                                                                                                                                                                    Options for NDX and MNX from $ 0.22
                                                  in Items I and II, below, which Items                     Currently, the Exchange provides                        per contract to $ 0.25 per contract.
                                                  have been prepared by the Exchange.                     rebates to Priority Customer 5 complex
                                                  The Commission is publishing this                       orders that trade with non-Priority                       Waive the Marketing Fee for NDX and
                                                  notice to solicit comments on the                                                                                 MNX Options
                                                  proposed rule change from interested                       3 The Exchange initially filed the proposed
                                                                                                                                                                     Currently, the Exchange administers a
                                                  persons.                                                pricing change on March 1, 2017 (SR–ISE–2017–
                                                                                                          21). On March 10, 2017, the Exchange withdrew
                                                                                                                                                                    Marketing Fee program that helps
                                                  I. Self-Regulatory Organization’s                       that filing and submitted this filing.                    Market Makers establish Marketing Fee
                                                                                                             4 The Exchange and its affiliates will exclusively
                                                  Statement of the Terms of Substance of
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          list NDX and MNX in the near future upon                     6 These rebates are provided per contract per leg
                                                  the Proposed Rule Change                                expiration of open expiries in these products on          if the order trades with non-Priority Customer
                                                     The Exchange proposes to amend the                   other markets.                                            orders in the complex order book, or trades with
                                                                                                             5 A ‘‘Priority Customer’’ is a person or entity that   quotes and orders on the regular order book.
                                                  Schedule of Fees to: (i) Eliminate the
                                                                                                          is not a broker/dealer in securities, and does not           7 ‘‘Select Symbols’’ are options overlying all

                                                                                                          place more than 390 orders in listed options per day      symbols listed on the ISE that are in the Penny Pilot
                                                    17 17 CFR 200.30–3(a)(12).                            on average during a calendar month for its own            Program. ‘‘Non-Select Symbols’’ are options
                                                    1 15 U.S.C. 78s(b)(1).                                beneficial account(s), as defined in ISE Rule             overlying all symbols, excluding Select Symbols.
                                                    2 17 CFR 240.19b–4.                                   100(a)(37A).                                              NDX and MNX are Non-Select Symbols.



                                             VerDate Sep<11>2014   16:47 Mar 20, 2017   Jkt 241001   PO 00000   Frm 00086   Fmt 4703   Sfmt 4703   E:\FR\FM\21MRN1.SGM      21MRN1


                                                                                 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Notices                                                     14587

                                                  arrangements with Electronic Access                     market data fees against a challenge                   Public Customer executions on the C2
                                                  Members (‘‘EAMs’’) in exchange for                      claiming that Congress mandated a cost-                Options Exchange in another broad-
                                                  those EAMs routing some or all of their                 based approach.13 As the court                         based index option, the option on the
                                                  order flow to the Market Maker. This                    emphasized, the Commission ‘‘intended                  Russell 2000 Index (RUT), are subject to
                                                  Marketing Fee program is funded                         in Regulation NMS that ‘market forces,                 a $0.15 per contract transaction fee.19
                                                  through a fee of $ 0.70 per contract,                   rather than regulatory requirements’
                                                                                                                                                                   The Exchange’s proposal to eliminate
                                                  which is paid by ISE Market Makers for                  play a role in determining the market
                                                                                                                                                                 the rebate for Priority Customer
                                                  each regular Priority Customer contract                 data . . . to be made available to
                                                  executed in Non-Select Symbols.8 The                    investors and at what cost.’’ 14                       complex orders in Non-Select Symbols
                                                  fee is waived in FX Options, Flash                         Further, ‘‘[n]o one disputes that                   for orders in NDX and MNX is an
                                                  Orders, and for Complex Orders in all                   competition for order flow is ‘fierce.’                equitable allocation and is not unfairly
                                                  symbols. The Exchange now proposes to                   . . . As the SEC explained, ‘[i]n the U.S.             discriminatory because the Exchange
                                                  amend Section IV.D of the Schedule of                   national market system, buyers and                     will eliminate the rebate for all
                                                  Fees to similarly waive the fee for NDX                 sellers of securities, and the broker-                 similarly-situated members.
                                                  and MNX options.                                        dealers that act as their order-routing                Increase Non-Priority Customer License
                                                                                                          agents, have a wide range of choices of                Surcharge for Index Options for NDX
                                                  2. Statutory Basis
                                                                                                          where to route orders for execution’;
                                                                                                                                                                 and MNX
                                                     The Exchange believes that its                       [and] ‘no exchange can afford to take its
                                                  proposal is consistent with Section 6(b)                market share percentages for granted’                     The Exchange believes that its
                                                  of the Act,9 in general, and furthers the               because ‘no exchange possesses a                       proposal to increase the Non-Priority
                                                  objectives of Sections 6(b)(4) and 6(b)(5)              monopoly, regulatory or otherwise, in                  Customer License Surcharge for Index
                                                  of the Act,10 in particular, in that it                 the execution of order flow from broker                Options for NDX and MNX is reasonable
                                                  provides for the equitable allocation of                dealers’. . . .’’ 15 Although the court                because it is in line with the options
                                                  reasonable dues, fees, and other charges                and the SEC were discussing the cash                   surcharge of $0.25 for transactions in
                                                  among members and issuers and other                     equities markets, the Exchange believes                NDX and MNX on NASDAQ PHLX and
                                                  persons using any facility, and is not                  that these views apply with equal force
                                                                                                                                                                 is in fact lower than the $0.45 C2
                                                  designed to permit unfair                               to the options markets.
                                                  discrimination between customers,                                                                              Options Exchange surcharge applicable
                                                                                                             The Exchange notes that the proposed
                                                  issuers, brokers, or dealers.                           rule changes are reasonable, equitable                 to non-public customer transactions in
                                                     The Commission and the courts have                   and not unfairly discriminatory as NDX                 RUT, which is another broad-based
                                                  repeatedly expressed their preference                   and MNX transition to exclusively listed               index option and similar proprietary
                                                  for competition over regulatory                         products. Similar to other proprietary                 product.20
                                                  intervention in determining prices,                     products, the Exchange seeks to recoup                    The Exchange believes that its
                                                  products, and services in the securities                the operational costs 16 for listing                   proposal to increase the Non-Priority
                                                  markets. In Regulation NMS, while                       proprietary products. Also, pricing by                 Customer License Surcharge for Index
                                                  adopting a series of steps to improve the               symbol is a common practice on many                    Options for NDX and MNX is an
                                                  current market model, the Commission                    U.S. options exchanges as a means to                   equitable allocation and is not unfairly
                                                  highlighted the importance of market                    incentivize order flow to be sent to an                discriminatory because the Exchange
                                                  forces in determining prices and SRO                    exchange for execution in particular                   will apply the increase to all similarly-
                                                  revenues and, also, recognized that                     products. Other options exchanges price                situated members. The Exchange
                                                  current regulation of the market system                 by symbol.17                                           believes it is equitable and not unfairly
                                                  ‘‘has been remarkably successful in                                                                            discriminatory to assess this increased
                                                                                                          Eliminate Rebate for Priority Customer
                                                  promoting market competition in its                                                                            surcharge on all participants except
                                                                                                          Complex Orders in Non-Select Symbols
                                                  broader forms that are most important to
                                                                                                          for Orders in NDX and MNX                              Priority Customers because the
                                                  investors and listed companies.’’ 11
                                                                                                             The Exchange’s proposal to eliminate                Exchange seeks to encourage Priority
                                                     Likewise, in NetCoalition v. Securities
                                                  and Exchange Commission 12                              the rebate for Priority Customer                       Customer order flow and the liquidity
                                                  (‘‘NetCoalition’’) the D.C. Circuit upheld              complex orders in Non-Select Symbols                   such order flow brings to the
                                                  the Commission’s use of a market-based                  for orders in NDX and MNX is                           marketplace, which in turn benefits all
                                                  approach in evaluating the fairness of                  reasonable because even after                          market participants.
                                                                                                          elimination of the rebate, Priority
                                                     8 The Marketing Fee is rebated proportionately to    Customer complex orders in NDX and                     opportunity to either transact options overlying
                                                  the members that paid the fee such that on a            MNX will not be assessed any Complex                   NDX and MNX or separately execute options
                                                  monthly basis the Marketing Fee fund balance                                                                   overlying PowerShares QQQ Trust (‘‘QQQ’’), an
                                                  administered by a Primary Market Maker for a
                                                                                                          Order transaction fees.18 By contrast,                 exchange-traded fund that, like MNX and NDX
                                                  Group of options established under Rule 802(b)                                                                 options, is based on the Nasdaq-100 Index. Offering
                                                                                                            13 See  NetCoalition, at 534–535.
                                                  does not exceed $100,000 and the Marketing Fee                                                                 products such as QQQ provides market participants
                                                  fund balance administered by a preferenced                14 Id. at 537.                                       with a variety of choices in selecting the product
                                                  Competitive Market Maker for such a Group does            15 Id. at 539 (quoting Securities Exchange Act       they desire as alternatives to NDX and MNX. By
                                                  not exceed $100,000. A preferenced Competitive          Release No. 59039 (December 2, 2008), 73 FR            comparison, a market participant may trade options
                                                  Market Maker that elects not to administer a fund       74770, 74782–83 (December 9, 2008) (SR–                overlying RUT or separately the market participant
                                                  will not be charged the Marketing Fee. The              NYSEArca–2006–21)).                                    has the choice of trading iShares Russell 2000 Index
                                                  Exchange assesses an administrative fee of 0.45%          16 By way of example, in analyzing an obvious        Fund (‘‘IWM’’) Exchange-Traded Fund Shares
mstockstill on DSK3G9T082PROD with NOTICES




                                                  on the total amount of the funds collected each         error, the Exchange would have additional data         options, which are also multiply listed. When
                                                  month.                                                  points available in establishing a theoretical price   exchanges are able to recoup costs associated with
                                                     9 15 U.S.C. 78f(b).                                                                                         offering proprietary products, it incentivizes growth
                                                                                                          for a multiply listed option as compared to a
                                                     10 15 U.S.C. 78f(b)(4) and (5).                      proprietary product, which requires additional         and competition for the innovation of additional
                                                     11 Securities Exchange Act Release No. 51808         analysis and administrative time to comply with        products.
                                                  (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005)      Exchange rules to resolve an obvious error.              19 See C2 Options Exchange, Incorporated Fees

                                                  (‘‘Regulation NMS Adopting Release’’).                    17 See pricing for RUT on CBOE’s Fees Schedule.      Schedule, Section 1.C.
                                                     12 NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir.        18 Further, the Exchange notes that with its           20 See C2 Options Exchange, Incorporated Fees

                                                  2010).                                                  products, market participants are offered an           Schedule, Section 1.D.



                                             VerDate Sep<11>2014   16:47 Mar 20, 2017   Jkt 241001   PO 00000   Frm 00087   Fmt 4703   Sfmt 4703   E:\FR\FM\21MRN1.SGM   21MRN1


                                                  14588                         Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Notices

                                                  Waive the Marketing Fee for NDX and                     markets or will impose any inter-market               IV. Solicitation of Comments
                                                  MNX                                                     burden on competition for the reasons
                                                                                                          stated above.21                                         Interested persons are invited to
                                                     The Exchange believes that its                                                                             submit written data, views, and
                                                  proposal to waive the Marketing Fee for                    In terms of intra-market competition,
                                                                                                                                                                arguments concerning the foregoing,
                                                  NDX and MNX is reasonable because                       the elimination of the rebate for Priority
                                                                                                                                                                including whether the proposed rule
                                                  the purpose of a Marketing Fee is to                    Customer complex orders for orders in
                                                                                                                                                                change is consistent with the Act.
                                                  attract order flow to the Exchange.                     NDX and MNX will result in total fees
                                                  Because NDX and MNX are no longer                                                                             Comments may be submitted by any of
                                                                                                          for orders in NDX and MNX becoming
                                                  widely traded on many competing                         more uniform across all classes of                    the following methods:
                                                  options exchanges, a Marketing Fee                      market participants, while still                      Electronic Comments
                                                  whose purpose is to attract order flow                  permitting Priority Customers to
                                                  to the Exchange is no longer necessary                  transact in NDX and MNX free of any                     • Use the Commission’s Internet
                                                  to attract order flow to ISE.                           transaction charge. Removing the rebate               comment form (http://www.sec.gov/
                                                     The Exchange believes that its                       will also enhance the Exchange’s ability              rules/sro.shtml); or
                                                  proposal to waive the Marketing Fee for                 to offer other rebates or reduced fees                  • Send an email to rule-comments@
                                                  NDX and MNX is an equitable                             that could incentivize behavior that                  sec.gov. Please include File Number SR–
                                                  allocation and is not unfairly                          would enhance market quality on the                   ISE–2017–23 on the subject line.
                                                  discriminatory because the Exchange                     Exchange, which would benefit all
                                                  will waive the Marketing Fee for all                    members.22 Likewise, the increase in the              Paper Comments
                                                  similarly-situated members.                             Non-Priority Customer License
                                                                                                          Surcharge for Index Options for NDX                     • Send paper comments in triplicate
                                                  B. Self-Regulatory Organization’s                                                                             to Secretary, Securities and Exchange
                                                  Statement on Burden on Competition                      and MNX will impact all Non-Priority
                                                                                                          Customers equally, and will raise                     Commission, 100 F Street NE.,
                                                     The Exchange does not believe that                   revenue for the Exchange without                      Washington, DC 20549–1090.
                                                  the proposed rule change will impose                    negatively impacting Priority Customers               All submissions should refer to File
                                                  any burden on competition not                           whose orders may enhance market                       Number SR–ISE–2017–23. This file
                                                  necessary or appropriate in furtherance                 quality for all Exchange members.                     number should be included on the
                                                  of the purposes of the Act. In terms of                 Finally, the waiver of the Marketing Fee
                                                  inter-market competition, the Exchange                                                                        subject line if email is used. To help the
                                                                                                          for NDX and MNX will reduce an                        Commission process and review your
                                                  notes that it operates in a highly                      existing disparity between ISE Market
                                                  competitive market in which market                                                                            comments more efficiently, please use
                                                                                                          Makers, who currently are subject to the
                                                  participants can readily favor competing                                                                      only one method. The Commission will
                                                                                                          fee, and other Exchange members.
                                                  venues if they deem fee levels at a                                                                           post all comments on the Commission’s
                                                  particular venue to be excessive, or                    C. Self-Regulatory Organization’s                     Internet Web site (http://www.sec.gov/
                                                  rebate opportunities available at other                 Statement on Comments on the                          rules/sro.shtml). Copies of the
                                                  venues to be more favorable. In such an                 Proposed Rule Change Received From                    submission, all subsequent
                                                  environment, the Exchange must                          Members, Participants, or Others                      amendments, all written statements
                                                  continually adjust its fees to remain                                                                         with respect to the proposed rule
                                                                                                            No written comments were either
                                                  competitive with other exchanges and                                                                          change that are filed with the
                                                                                                          solicited or received.
                                                  with alternative trading systems that                                                                         Commission, and all written
                                                  have been exempted from compliance                      III. Date of Effectiveness of the                     communications relating to the
                                                  with the statutory standards applicable                 Proposed Rule Change and Timing for                   proposed rule change between the
                                                  to exchanges. Because competitors are                   Commission Action                                     Commission and any person, other than
                                                  free to modify their own fees in                                                                              those that may be withheld from the
                                                  response, and because market                               The foregoing rule change has become
                                                                                                                                                                public in accordance with the
                                                  participants may readily adjust their                   effective pursuant to Section
                                                                                                                                                                provisions of 5 U.S.C. 552, will be
                                                  order routing practices, the Exchange                   19(b)(3)(A)(ii) of the Act,23 and Rule
                                                                                                                                                                available for Web site viewing and
                                                  believes that the degree to which fee                   19b–4(f)(2) 24 thereunder. At any time
                                                                                                          within 60 days of the filing of the                   printing in the Commission’s Public
                                                  changes in this market may impose any                                                                         Reference Room, 100 F Street NE.,
                                                  burden on competition is extremely                      proposed rule change, the Commission
                                                                                                          summarily may temporarily suspend                     Washington, DC 20549, on official
                                                  limited.
                                                                                                          such rule change if it appears to the                 business days between the hours of
                                                     The proposed amendments to the fees
                                                                                                          Commission that such action is: (i)                   10:00 a.m. and 3:00 p.m. Copies of the
                                                  will eliminate the rebate for Priority
                                                  Customer complex orders in Non-Select                   Necessary or appropriate in the public                filing also will be available for
                                                  Symbols for orders in NDX and MNX,                      interest; (ii) for the protection of                  inspection and copying at the principal
                                                  increase the Non-Priority Customer                      investors; or (iii) otherwise in                      office of the Exchange. All comments
                                                  License Surcharge for Index Options for                 furtherance of the purposes of the Act.               received will be posted without change;
                                                  NDX and MNX, and waive the                              If the Commission takes such action, the              the Commission does not edit personal
                                                  Marketing Fee for NDX and MNX. In                       Commission shall institute proceedings                identifying information from
                                                  sum, if the changes proposed herein are                 to determine whether the proposed rule                submissions. You should submit only
                                                  unattractive to market participants, it is              should be approved or disapproved.                    information that you wish to make
mstockstill on DSK3G9T082PROD with NOTICES




                                                  likely that the Exchange will lose                                                                            available publicly. All submissions
                                                  market share as a result. Accordingly,                    21 See footnote 18 above.                           should refer to File Number SR–ISE–
                                                                                                            22 The  Exchange offers rebates to market
                                                  the Exchange does not believe that the                                                                        2017–23 and should be submitted on or
                                                                                                          participants to encourage certain behavior on the
                                                  proposed changes will impair the ability                Exchange such as adding more liquidity in a certain
                                                                                                                                                                before April 11, 2017.
                                                  of members or competing order                           product.
                                                  execution venues to maintain their                        23 15 U.S.C. 78s(b)(3)(A)(ii).

                                                  competitive standing in the financial                     24 17 CFR 240.19b–4(f)(2).                            25 17   CFR 200.30–3(a)(12).



                                             VerDate Sep<11>2014   16:47 Mar 20, 2017   Jkt 241001   PO 00000   Frm 00088   Fmt 4703   Sfmt 4703   E:\FR\FM\21MRN1.SGM     21MRN1


                                                                                 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Notices                                                     14589

                                                    For the Commission, by the Division of                 Sections A, B, and C below, of the most                  The Proposed Rule is the culmination
                                                  Trading and Markets, pursuant to delegated               significant aspects of such statements.               of this coordinated effort and reflects
                                                  authority.25                                                                                                   discussions by the options exchanges
                                                  Eduardo A. Aleman,                                       A. Self-Regulatory Organization’s
                                                                                                                                                                 whereby the exchanges that offer
                                                                                                           Statement of the Purpose of, and
                                                  Assistant Secretary.                                                                                           complex orders and/or stock-option
                                                                                                           Statutory Basis for, the Proposed Rule
                                                  [FR Doc. 2017–05499 Filed 3–20–17; 8:45 am]                                                                    orders will universally adopt new
                                                                                                           Change                                                provisions that the options exchanges
                                                  BILLING CODE 8011–01–P
                                                                                                           1. Purpose                                            collectively believe will improve the
                                                                                                                                                                 handling of erroneous options
                                                  SECURITIES AND EXCHANGE                                     The Exchange proposes to amend                     transactions that result from the
                                                  COMMISSION                                               BOX Rule 7170 (Nullification and                      execution of complex orders and stock-
                                                                                                           Adjustment of Options Transactions) to                option orders.6
                                                  [Release No. 34–80247; File No. SR–BOX–                  add IM–7170–4. This is filing is based                   The Exchange believes that the
                                                  2017–08]                                                 on a proposal recently submitted by                   Proposed Rule supports an approach
                                                  Self-Regulatory Organizations; BOX                       Chicago Board Options Exchange,                       consistent with long-standing principles
                                                  Options Exchange LLC; Notice of                          Incorporated (‘‘CBOE’’) and approved by               in the options industry under which the
                                                  Filing and Immediate Effectiveness of                    the Commission.3                                      general policy is to adjust rather than
                                                  a Proposed Rule Change To Amend                             Last year, the Exchange and other                  nullify transactions. The Exchange
                                                  BOX Rule 7170 (Nullification and                         options exchanges adopted a new,                      acknowledges that adjustment of
                                                  Adjustment of Options Transactions)                      harmonized rule related to the                        transactions is contrary to the operation
                                                  To Add IM–7170–4                                         adjustment and nullification of                       of analogous rules applicable to the
                                                                                                           erroneous options transactions,                       equities markets, where erroneous
                                                  March 15, 2017.                                          including a specific provision related to             transactions are typically nullified
                                                     Pursuant to Section 19(b)(1) of the                   coordination in connection with large-                rather than adjusted and where there is
                                                  Securities Exchange Act of 1934 (the                     scale events involving erroneous                      no distinction between the types of
                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                   options transactions.4 The Exchange                   market participants involved in a
                                                  notice is hereby given that on March 3,                  believes that the changes the options                 transaction. For the reasons set forth
                                                  2017, BOX Options Exchange LLC (the                      exchanges implemented with the new,                   below, the Exchange believes that the
                                                  ‘‘Exchange’’) filed with the Securities                  harmonized rule have led to increased                 distinctions in market structure between
                                                  and Exchange Commission                                  transparency and finality with respect to             equities and options markets continue
                                                  (‘‘Commission’’) the proposed rule                       the adjustment and nullification of                   to support these distinctions between
                                                  change as described in Items I and II                    erroneous options transactions.                       the rules for handling obvious errors in
                                                  below, which Items have been prepared                    However, as part of the initial initiative,           the equities and options markets.
                                                  by the self-regulatory organization. The                 the Exchange and other options                           Various general structural differences
                                                  Commission is publishing this notice to                  exchanges deferred a few specific                     between the options and equities
                                                  solicit comments on the proposed rule                    matters for further discussion.                       markets point toward the need for a
                                                  change from interested persons.                             Specifically, the options exchanges                different balancing of risks for options
                                                                                                           have been working together to identify                market participants and are reflected in
                                                  I. Self-Regulatory Organization’s
                                                                                                           ways to improve the process related to                this proposal. Option pricing is
                                                  Statement of the Terms of Substance of
                                                                                                           the adjustment and nullification of                   formulaic and is tied to the price of the
                                                  the Proposed Rule Change
                                                                                                           erroneous options transactions as it                  underlying stock, the volatility of the
                                                     The Exchange proposes to amend                                                                              underlying security and other factors.
                                                  BOX Rule 7170 (Nullification and                         relates to complex orders 5 and stock-
                                                                                                           option orders. The goal of the process                Because options market participants can
                                                  Adjustment of Options Transactions) to                                                                         generally create new open interest in
                                                  add IM–7170–4. The text of the                           that the options exchanges have
                                                                                                           undertaken is to further harmonize rules              response to trading demand, as new
                                                  proposed rule change is available from                                                                         open interest is created, correlated
                                                  the principal office of the Exchange, at                 related to the adjustment and
                                                                                                           nullification of erroneous options                    trades in the underlying or related series
                                                  the Commission’s Public Reference                                                                              are generally also executed to hedge a
                                                  Room and also on the Exchange’s                          transactions. As described below, the
                                                                                                           Exchange believes that the changes the                market participant’s risk. This pairing of
                                                  Internet Web site at http://                                                                                   open interest with hedging interest
                                                  boxexchange.com.                                         options exchanges and BOX have agreed
                                                                                                           to propose will provide transparency                  differentiates the options market
                                                  II. Self-Regulatory Organization’s                       and finality with respect to the                      specifically (and the derivatives markets
                                                  Statement of the Purpose of, and                         adjustment and nullification of                       broadly) from the cash equities markets.
                                                  Statutory Basis for, the Proposed Rule                   erroneous complex order and stock-                    In turn, the Exchange believes that the
                                                  Change                                                   option order transactions. Particularly,              hedging transactions engaged in by
                                                                                                           the proposed changes seek to achieve                  market participants necessitates
                                                     In its filing with the Commission, the                                                                      protection of transactions through
                                                  self-regulatory organization included                    consistent results for participants across
                                                                                                           U.S. options exchanges while                          adjustments rather than nullifications
                                                  statements concerning the purpose of,                                                                          when possible and otherwise
                                                  and basis for, the proposed rule change                  maintaining a fair and orderly market,
                                                                                                           protecting investors and protecting the               appropriate.
                                                  and discussed any comments it received                                                                            The options markets are also quote
                                                                                                           public interest.
mstockstill on DSK3G9T082PROD with NOTICES




                                                  on the proposed rule change. The text                                                                          driven markets dependent on liquidity
                                                  of these statements may be examined at                                                                         providers to an even greater extent than
                                                                                                             3 See Securities Exchange Act Release No. 80040
                                                  the places specified in Item IV below.                                                                         equities markets. In contrast to the
                                                                                                           (February 14, 2017), 82 FR 11248 (February 21,
                                                  The self-regulatory organization has                     2017) (Order Approving SR–CBOE–2016–088).             approximately 7,000 different securities
                                                  prepared summaries, set forth in                           4 See Securities Exchange Act Release No. 74911

                                                                                                           (May 8, 2015), 80 FR 27717 (May 14, 2015) (SR–          6 The Exchange notes that it does not offer stock-
                                                    1 15 U.S.C. 78s(b)(1).                                 BOX–2015–18) (the ‘‘Initial Filing’’).                option orders and will not adopt the CBOE
                                                    2 17 CFR 240.19b–4.                                      5 See Rule 7240(a)(5) (defining complex orders).    provisions around stock-option orders.



                                             VerDate Sep<11>2014    16:47 Mar 20, 2017   Jkt 241001   PO 00000   Frm 00089   Fmt 4703   Sfmt 4703   E:\FR\FM\21MRN1.SGM   21MRN1



Document Created: 2017-03-21 01:09:44
Document Modified: 2017-03-21 01:09:44
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 14586 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR