82_FR_38128 82 FR 37973 - Self-Regulatory Organizations; Investors Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Make a Correction to the Exchange Fee Schedule Related to Fees for Executions That Involve Taking Resting Interest With Non-Displayed Priority With a Displayable Order

82 FR 37973 - Self-Regulatory Organizations; Investors Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Make a Correction to the Exchange Fee Schedule Related to Fees for Executions That Involve Taking Resting Interest With Non-Displayed Priority With a Displayable Order

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 155 (August 14, 2017)

Page Range37973-37975
FR Document2017-17051

Federal Register, Volume 82 Issue 155 (Monday, August 14, 2017)
[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)]
[Notices]
[Pages 37973-37975]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17051]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81346; File No. SR-IEX-2017-25]


Self-Regulatory Organizations; Investors Exchange LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Make a 
Correction to the Exchange Fee Schedule Related to Fees for Executions 
That Involve Taking Resting Interest With Non-Displayed Priority With a 
Displayable Order

August 8, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on August 7, 2017, the Investors Exchange LLC (``IEX'' or 
the ``Exchange'') filed with the Securities and Exchange Commission 
(the ``Commission'') the proposed rule

[[Page 37974]]

change as described in Items I, II and III below, which Items have been 
prepared by the self-regulatory organization. The Commission is 
publishing this notice to solicit comments on the proposed rule change 
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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

    Pursuant to the provisions of Section 19(b)(1) under the Securities 
Exchange Act of 1934 (``Act''),\4\ and Rule 19b-4 thereunder,\5\ 
Investors Exchange LLC (``IEX'' or ``Exchange'') is filing with the 
Commission a proposed rule change to make a correction to the Exchange 
Fee Schedule related to fees for executions that involve taking resting 
interest with non-displayed priority with a displayable order. The 
Exchange proposes to implement the change beginning on September 1, 
2017.
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    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CFR 240.19b-4.
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    The text of the proposed rule change is available at the Exchange's 
Web site at www.iextrading.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 the 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization 
included statements concerning the purpose of and basis for the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of these statement [sic] may be examined 
at the places specified in Item IV below. The self-regulatory 
organization has prepared summaries, set forth in Sections A, B, and C 
below, of the most significant aspects of such statements.

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

1. Purpose
    The Exchange proposes to amend its Fee Schedule, pursuant to IEX 
Rule 15.110(a) and (c), to make a correction related to the fees for 
executions that involve taking non-displayed resting interest with a 
displayable order. Subject to certain exceptions, the Exchange charges 
$0.0009 per share (or 0.30% of the total dollar value of the 
transaction for securities priced below $1.00) to Members for 
executions on IEX that include resting non-displayed interest \6\ for 
both the liquidity providing and liquidity removing order (the ``Non-
Displayed Match Fee'').\7\ One exception relates to certain displayable 
orders that remove non-displayed liquidity upon entry. The Exchange Fee 
Schedule provides that the Non-Displayed Match Fee is not charged for 
displayable orders \8\ that remove non-displayed liquidity upon entry 
if, on a monthly basis, at least 90% of the liquidity removing Member's 
aggregate executed shares of displayable orders added liquidity during 
the month in question.\9\
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    \6\ Non-displayed priority refers to an order or portion of a 
reserve order that is booked and ranked with non-display priority on 
the Order Book. See Rules 11.190(b)(3) and 11.190(b)(2).
    \7\ This pricing is referred to by the Exchange as the ``Non-
Displayed Match Fee'' on the Fee Schedule with a Fee Code of `I' 
which is provided by the Exchange on execution reports.
    \8\ See Rule 11.190(b)(3).
    \9\ However, in such transactions, the non-displayed liquidity 
adding interest will be subject to the Non-Displayed Match Fee. The 
Exchange also does not charge a fee where the adding and removing 
order originated from the same Exchange Member.
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    The Fee Schedule describes the calculation to determine if the Non-
Displayed Match Fee is charged with reference to ``TMVD'' which means 
``total monthly volume displayable calculated as the sum of executions 
from the Member's displayable orders during the calendar month.'' \10\ 
However, the reference to a ``Member's'' displayable orders was 
inadvertent, and should instead have referred to each of a Member's 
market participant identifiers, or MPIDs, which is how the Exchange in 
practice has been calculating TMVD and thus determines whether the Non-
Displayed Match Fee is applicable to particular executions.
---------------------------------------------------------------------------

    \10\ See IEX Fee Schedule.
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    Accordingly, the Exchange proposes to correct the IEX Fee Schedule 
to provide that TMVD means ``total monthly volume displayable 
calculated as the sum of executions from each of the Member's MPIDs (on 
a per MPID basis) displayable orders during the calendar month.'' In 
addition, the Exchange proposes a clarifying amendment to the single 
asterisked footnote related to the Non-Displayed Match Fee to specify 
that the 90% calculation will be performed on a per MPID basis. Thus, 
the phrase ``on a per MPID basis'' would be added after the phrase ``at 
least 90% of TMVD'' in the footnote. Finally, the Exchange proposes to 
add a definition of MPID to the Fee Schedule.
    With respect to the calculation of the Non-Displayed Match Fee and 
the applicable 90% threshold exception for executions of displayable 
orders that remove resting non-displayed liquidity upon entry, IEX 
reviewed Member invoices since its launch as an exchange in August 2016 
through June 30, 2017 to assess whether any Members were charged fees 
that differed from those described in the Fee Schedule. In other words, 
IEX recalculated the Non-Displayed Match Fee and the 90% threshold 
exception on a ``per Member'' basis (which is how the Fee Schedule 
currently reads) instead of on a ``per MPID'' basis (which is how IEX 
in practice had been calculating that fee). This assessment identified 
that nine Members were charged such differential fees in particular 
months, in some cases more than the fees described in the Fee Schedule 
and in some cases less than the fees described in the Fee Schedule. In 
total, seven Members were charged and paid $18,948.54 in excess fees 
\11\ and eight Members were not charged $44,175.28 in fees that should 
have been charged.\12\ Five Members were overcharged and undercharged 
in different months.
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    \11\ The range is from $0.09 to 7811.66.
    \12\ The range is from $1.51 to $29,482.12.
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    In order to address the discrepancies, IEX will charge or credit 
each impacted member for the net amount overpaid or underpaid and will 
be included in the August 2017 monthly invoices to be sent in September 
2017 pursuant to IEX Rule 15.120 notwithstanding that fees included 
thereof are for trading activity that occurred over prior months.\13\
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    \13\ In the event that a Member owed a credit declines the 
credit, IEX will make a charitable donation in the amount of such 
credit.
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    The Exchange proposes to implement the revised fee on a going 
forward basis as of September 1, 2017, after which IEX will assess this 
fee on a MPID basis. Members will be charged for July and August based 
on the current Fee Schedule whereby the 90% calculation will be 
performed on a per Member basis, aggregating all of the Member's MPIDs.
2. Statutory Basis
    IEX believes that the proposed rule change is consistent with the 
provisions of Section 6(b) \14\ of the Act in general, and furthers the 
objectives of Sections 6(b)(4) \15\ of the Act, in particular, in that 
it is designed to provide for the equitable allocation of reasonable 
dues, fees and other charges among its Members and other persons using 
its facilities. In addition, the Exchange believes that it is 
consistent with the Act to correct the Fee Schedule so that the Fee 
Schedule is accurate, avoiding

[[Page 37975]]

any potential confusion among Members. The Exchange further believes 
that the correction to the Fee Schedule is reasonable, equitable, and 
not unfairly discriminatory because all similar situated Members will 
be subject to the same fee structure.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f.
    \15\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange also believes that it is consistent with the Act and 
an equitable allocation of reasonable dues, fees and other charges 
among its members and other persons using its facilities to measure 
whether the 90% threshold for adding liquidity with displayable orders 
is reached on an MPID basis. As explained in IEX's rule change adopting 
the exception to the Non-Displayed Match Fee, the flexibility is 
designed to address limited inadvertent liquidity removal by Members 
who are largely adding displayed liquidity and generally intend to add 
displayed liquidity on IEX, to further encourage aggressively priced 
displayed orders.\16\ The Exchange believes that Members that utilize 
multiple MPIDs generally use different MPIDs for different trading 
strategies or customers. Therefore, the Exchange believes that 
measuring by MPIDs is a more precise manner of assessing whether a 
Member's trading strategy (or that of a customer) is largely adding 
displayed liquidity and generally intends to add displayed liquidity 
with displayable orders.
---------------------------------------------------------------------------

    \16\ See Securities Exchange Act Release No. 78550 (August 11, 
2016), 81 FR 54873 (August 17, 2016) (SR-IEX-2016-09).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    IEX does not believe that the proposed rule change will result in 
any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. The proposed rule change is 
designed to correct an inadvertent error rather than a competitive 
issue. The Exchange does not believe the proposed rule change will 
result on a burden on intramarket competition because all Members will 
be subject to the Non-Displayed Match Fee in the same manner on a fair 
and consistent basis. While different fees will be assessed in some 
circumstances, these different fees are not based on the type of Member 
entering the order and all Members can submit any type of order. 
Further, assessing whether the Non-Displayed Match Fee is applicable on 
a per MPID basis is intended to encourage market participants to enter 
aggressively priced displayed orders on the Exchange, which enhances 
price discovery and deepens the Exchange's liquidity pool to the 
benefit of all market participants. Further, the Exchange operates in a 
highly competitive environment in which market participants can readily 
favor competing venues if fee schedules at other venues are viewed as 
more favorable.
    The Exchange also does not believe that the proposed rule change 
will result in any burden on intermarket competition because other 
venues are free to adopt comparable pricing.

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

    Written comments were neither solicited nor 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) \17\ of the Act. 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 necessary or appropriate in the public interest, 
for the protection of investors, or otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings under Section 19(b)(2)(B) \18\ 
of the Act to determine whether the proposed rule change should be 
approved or disapproved.
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    \17\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \18\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     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-IEX-2017-25 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-IEX-2017-25. This 
file number should be included in 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 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-IEX-2017-25 and should be 
submitted on or before September 5, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-17051 Filed 8-11-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices                                                     37973

                                                regulatory program. The Exchange                        competition. Rather, it is designed to                   Internet Web site (http://www.sec.gov/
                                                proposes assessing higher fees to those                 enable the Exchange to recover a                         rules/sro.shtml). Copies of the
                                                members that will require more                          material portion of the Exchange’s cost                  submission, all subsequent
                                                Exchange regulatory services based on                   related to its regulatory activities. The                amendments, all written statements
                                                the amount of customer options                          Exchange is obligated to ensure that the                 with respect to the proposed rule
                                                business they conduct. Additionally, the                amount of regulatory revenue collected                   change that are filed with the
                                                dues and fees paid by members go into                   from the ORF, in combination with its                    Commission, and all written
                                                the general funds of the Exchange, a                    other regulatory fees and fines, does not                communications relating to the
                                                portion of which is used to help pay the                exceed regulatory costs.                                 proposed rule change between the
                                                costs of regulation. The Exchange has in                                                                         Commission and any person, other than
                                                place a regulatory structure to surveil,                C. Self-Regulatory Organization’s                        those that may be withheld from the
                                                conduct examinations and monitor the                    Statement on Comments on the                             public in accordance with the
                                                marketplace for violations of Exchange                  Proposed Rule Change Received From                       provisions of 5 U.S.C. 552, will be
                                                Rules. The ORF assists the Exchange to                  Members, Participants, or Others                         available for Web site viewing and
                                                fund the cost of this regulation of the                   No written comments were either                        printing in the Commission’s Public
                                                marketplace.                                            solicited or received.                                   Reference Room, 100 F Street NE.,
                                                                                                                                                                 Washington, DC 20549, on official
                                                Proposal 2—Semi-Annual Changes to                       III. Date of Effectiveness of the
                                                                                                                                                                 business days between the hours of
                                                ORF                                                     Proposed Rule Change and Timing for
                                                                                                                                                                 10:00 a.m. and 3:00 p.m. Copies of the
                                                  The Exchange believes that the                        Commission Action
                                                                                                                                                                 filing also will be available for
                                                proposed rule change to remove the                         The foregoing rule change has become                  inspection and copying at the principal
                                                limit to amend the ORF only semi-                       effective pursuant to Section                            office of the Exchange. All comments
                                                annually, with advance notice, is                       19(b)(3)(A)(ii) of the Act.12 At any time                received will be posted without change;
                                                reasonable because the Exchange will                    within 60 days of the filing of the                      the Commission does not edit personal
                                                continue to provide market participants                 proposed rule change, the Commission                     identifying information from
                                                with thirty (30) days advance notice of                 summarily may temporarily suspend                        submissions. You should submit only
                                                amending the amount of the ORF. Also,                   such rule change if it appears to the                    information that you wish to make
                                                the Exchange is required to monitor the                 Commission that such action is: (i)                      available publicly. All submissions
                                                amount of revenue collected from the                    Necessary or appropriate in the public                   should refer to File No. SR–GEMX–
                                                ORF to ensure that it, in combination                   interest; (ii) for the protection of                     2017–31, and should be submitted on or
                                                with its other regulatory fees and fines,               investors; or (iii) otherwise in                         before September 5, 2017.
                                                do not exceed regulatory costs.                         furtherance of the purposes of the Act.                    For the Commission, by the Division of
                                                Therefore, the Exchange believes it is                  If the Commission takes such action, the                 Trading and Markets, pursuant to delegated
                                                reasonable to remove the semi-annual                    Commission shall institute proceedings                   authority.13
                                                limit to amend its ORF in order to                      to determine whether the proposed rule                   Eduardo A. Aleman,
                                                permit the Exchange to make                             should be approved or disapproved.                       Assistant Secretary.
                                                amendments to its ORF as necessary to                   IV. Solicitation of Comments                             [FR Doc. 2017–17047 Filed 8–11–17; 8:45 am]
                                                comply with the Exchange’s obligations.                                                                          BILLING CODE 8011–01–P
                                                This proposed change would conform                        Interested persons are invited to
                                                this rule with that of NASDAQ PHLX                      submit written data, views, and
                                                LLC (‘‘Phlx’’), The NASDAQ Options                      arguments concerning the foregoing,                      SECURITIES AND EXCHANGE
                                                Market LLC (‘‘NOM’’) and NASDAQ BX,                     including whether the proposed rule                      COMMISSION
                                                Inc. (‘‘BX’’).11                                        change is consistent with the Act.
                                                  The Exchange believes that the                        Comments may be submitted by any of                      [Release No. 34–81346; File No. SR–IEX–
                                                                                                        the following methods:                                   2017–25]
                                                proposed rule change to remove the
                                                limit to amend the ORF only semi-                       Electronic Comments                                      Self-Regulatory Organizations;
                                                annually, with advance notice, is                                                                                Investors Exchange LLC; Notice of
                                                equitable and not unfairly                                • Use the Commission’s Internet
                                                                                                        comment form (http://www.sec.gov/                        Filing and Immediate Effectiveness of
                                                discriminatory because it will apply in                                                                          Proposed Rule Change To Make a
                                                the same manner to all members that are                 rules/sro.shtml); or
                                                                                                          • Send an email to rule-comments@                      Correction to the Exchange Fee
                                                subject to the ORF. The Exchange has in                                                                          Schedule Related to Fees for
                                                place a regulatory structure to surveil                 sec.gov. Please include File No. SR–
                                                                                                        GEMX–2017–31 on the subject line.                        Executions That Involve Taking
                                                for, conduct examinations and monitor                                                                            Resting Interest With Non-Displayed
                                                the marketplace for violations of                       Paper Comments                                           Priority With a Displayable Order
                                                Exchange Rules. The ORF assists the
                                                                                                           • Send paper comments in triplicate                   August 8, 2017.
                                                Exchange to fund the cost of this
                                                                                                        to Secretary, Securities and Exchange                       Pursuant to Section 19(b)(1) 1 of the
                                                regulation of the marketplace.
                                                                                                        Commission, 100 F Street NE.,                            Securities Exchange Act of 1934 (the
                                                B. Self-Regulatory Organization’s                       Washington, DC 20549–1090.                               ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                Statement on Burden on Competition                      All submissions should refer to File No.                 notice is hereby given that, on August
                                                  The Exchange does not believe that                    SR–GEMX–2017–31. This file number                        7, 2017, the Investors Exchange LLC
sradovich on DSK3GMQ082PROD with NOTICES




                                                the proposed rule change will impose                    should be included on the subject line                   (‘‘IEX’’ or the ‘‘Exchange’’) filed with the
                                                any burden on competition not                           if email is used. To help the                            Securities and Exchange Commission
                                                necessary or appropriate in furtherance                 Commission process and review your                       (the ‘‘Commission’’) the proposed rule
                                                of the purposes of the Act. The ORF is                  comments more efficiently, please use
                                                not intended to have any impact on                      only one method. The Commission will                       13 17 CFR 200.30–3(a)(12).
                                                                                                        post all comments on the Commission’s                      1 15 U.S.C. 78s(b)(1).
                                                  11 See Phlx’s Pricing Schedule and NOM and BX                                                                    2 15 U.S.C. 78a.

                                                Rules at Chapter XV, Sections 5.                          12 15   U.S.C. 78s(b)(3)(A)(ii).                         3 17 CFR 240.19b–4.




                                           VerDate Sep<11>2014   16:45 Aug 11, 2017   Jkt 241001   PO 00000   Frm 00135     Fmt 4703    Sfmt 4703   E:\FR\FM\14AUN1.SGM    14AUN1


                                                37974                           Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices

                                                change as described in Items I, II and III                 interest 6 for both the liquidity                      executions of displayable orders that
                                                below, which Items have been prepared                      providing and liquidity removing order                 remove resting non-displayed liquidity
                                                by the self-regulatory organization. The                   (the ‘‘Non-Displayed Match Fee’’).7 One                upon entry, IEX reviewed Member
                                                Commission is publishing this notice to                    exception relates to certain displayable               invoices since its launch as an exchange
                                                solicit comments on the proposed rule                      orders that remove non-displayed                       in August 2016 through June 30, 2017
                                                change from interested persons.                            liquidity upon entry. The Exchange Fee                 to assess whether any Members were
                                                                                                           Schedule provides that the Non-                        charged fees that differed from those
                                                I. Self-Regulatory Organization’s                                                                                 described in the Fee Schedule. In other
                                                                                                           Displayed Match Fee is not charged for
                                                Statement of the Terms of Substance of                                                                            words, IEX recalculated the Non-
                                                                                                           displayable orders 8 that remove non-
                                                the Proposed Rule Change                                                                                          Displayed Match Fee and the 90%
                                                                                                           displayed liquidity upon entry if, on a
                                                   Pursuant to the provisions of Section                   monthly basis, at least 90% of the                     threshold exception on a ‘‘per Member’’
                                                19(b)(1) under the Securities Exchange                     liquidity removing Member’s aggregate                  basis (which is how the Fee Schedule
                                                Act of 1934 (‘‘Act’’),4 and Rule 19b–4                     executed shares of displayable orders                  currently reads) instead of on a ‘‘per
                                                thereunder,5 Investors Exchange LLC                        added liquidity during the month in                    MPID’’ basis (which is how IEX in
                                                (‘‘IEX’’ or ‘‘Exchange’’) is filing with the               question.9                                             practice had been calculating that fee).
                                                Commission a proposed rule change to                          The Fee Schedule describes the                      This assessment identified that nine
                                                make a correction to the Exchange Fee                      calculation to determine if the Non-                   Members were charged such differential
                                                Schedule related to fees for executions                    Displayed Match Fee is charged with                    fees in particular months, in some cases
                                                that involve taking resting interest with                  reference to ‘‘TMVD’’ which means                      more than the fees described in the Fee
                                                non-displayed priority with a                              ‘‘total monthly volume displayable                     Schedule and in some cases less than
                                                displayable order. The Exchange                            calculated as the sum of executions                    the fees described in the Fee Schedule.
                                                proposes to implement the change                           from the Member’s displayable orders                   In total, seven Members were charged
                                                beginning on September 1, 2017.                            during the calendar month.’’ 10                        and paid $18,948.54 in excess fees 11
                                                                                                           However, the reference to a ‘‘Member’s’’               and eight Members were not charged
                                                   The text of the proposed rule change                                                                           $44,175.28 in fees that should have been
                                                is available at the Exchange’s Web site                    displayable orders was inadvertent, and
                                                                                                           should instead have referred to each of                charged.12 Five Members were
                                                at www.iextrading.com, at the principal                                                                           overcharged and undercharged in
                                                office of the Exchange, and at the                         a Member’s market participant
                                                                                                           identifiers, or MPIDs, which is how the                different months.
                                                Commission’s Public Reference Room.                                                                                 In order to address the discrepancies,
                                                                                                           Exchange in practice has been
                                                II. Self-Regulatory Organization’s                         calculating TMVD and thus determines                   IEX will charge or credit each impacted
                                                Statement of the Purpose of, and the                       whether the Non-Displayed Match Fee                    member for the net amount overpaid or
                                                Statutory Basis for, the Proposed Rule                     is applicable to particular executions.                underpaid and will be included in the
                                                Change                                                        Accordingly, the Exchange proposes                  August 2017 monthly invoices to be
                                                                                                           to correct the IEX Fee Schedule to                     sent in September 2017 pursuant to IEX
                                                  In its filing with the Commission, the                   provide that TMVD means ‘‘total                        Rule 15.120 notwithstanding that fees
                                                self-regulatory organization included                      monthly volume displayable calculated                  included thereof are for trading activity
                                                statements concerning the purpose of                       as the sum of executions from each of                  that occurred over prior months.13
                                                and basis for the proposed rule change                     the Member’s MPIDs (on a per MPID                        The Exchange proposes to implement
                                                and discussed any comments it received                     basis) displayable orders during the                   the revised fee on a going forward basis
                                                on the proposed rule change. The text                      calendar month.’’ In addition, the                     as of September 1, 2017, after which IEX
                                                of these statement [sic] may be                            Exchange proposes a clarifying                         will assess this fee on a MPID basis.
                                                examined at the places specified in Item                   amendment to the single asterisked                     Members will be charged for July and
                                                IV below. The self-regulatory                                                                                     August based on the current Fee
                                                                                                           footnote related to the Non-Displayed
                                                organization has prepared summaries,                                                                              Schedule whereby the 90% calculation
                                                                                                           Match Fee to specify that the 90%
                                                set forth in Sections A, B, and C below,                                                                          will be performed on a per Member
                                                                                                           calculation will be performed on a per
                                                of the most significant aspects of such                                                                           basis, aggregating all of the Member’s
                                                                                                           MPID basis. Thus, the phrase ‘‘on a per
                                                statements.                                                                                                       MPIDs.
                                                                                                           MPID basis’’ would be added after the
                                                A. Self-Regulatory Organization’s                          phrase ‘‘at least 90% of TMVD’’ in the                 2. Statutory Basis
                                                Statement of the Purpose of, and the                       footnote. Finally, the Exchange proposes                  IEX believes that the proposed rule
                                                Statutory Basis for, the Proposed Rule                     to add a definition of MPID to the Fee                 change is consistent with the provisions
                                                Change                                                     Schedule.                                              of Section 6(b) 14 of the Act in general,
                                                                                                              With respect to the calculation of the              and furthers the objectives of Sections
                                                1. Purpose                                                 Non-Displayed Match Fee and the                        6(b)(4) 15 of the Act, in particular, in that
                                                   The Exchange proposes to amend its                      applicable 90% threshold exception for                 it is designed to provide for the
                                                Fee Schedule, pursuant to IEX Rule                                                                                equitable allocation of reasonable dues,
                                                                                                             6 Non-displayed priority refers to an order or
                                                15.110(a) and (c), to make a correction                                                                           fees and other charges among its
                                                                                                           portion of a reserve order that is booked and ranked
                                                related to the fees for executions that                    with non-display priority on the Order Book. See       Members and other persons using its
                                                involve taking non-displayed resting                       Rules 11.190(b)(3) and 11.190(b)(2).                   facilities. In addition, the Exchange
                                                interest with a displayable order.                           7 This pricing is referred to by the Exchange as     believes that it is consistent with the
                                                Subject to certain exceptions, the                         the ‘‘Non-Displayed Match Fee’’ on the Fee             Act to correct the Fee Schedule so that
                                                                                                           Schedule with a Fee Code of ‘I’ which is provided
                                                Exchange charges $0.0009 per share (or                                                                            the Fee Schedule is accurate, avoiding
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                           by the Exchange on execution reports.
                                                0.30% of the total dollar value of the                       8 See Rule 11.190(b)(3).
                                                                                                                                                                    11 The  range is from $0.09 to 7811.66.
                                                transaction for securities priced below                      9 However, in such transactions, the non-
                                                                                                                                                                    12 The  range is from $1.51 to $29,482.12.
                                                $1.00) to Members for executions on IEX                    displayed liquidity adding interest will be subject
                                                                                                                                                                    13 In the event that a Member owed a credit
                                                that include resting non-displayed                         to the Non-Displayed Match Fee. The Exchange also
                                                                                                           does not charge a fee where the adding and             declines the credit, IEX will make a charitable
                                                                                                           removing order originated from the same Exchange       donation in the amount of such credit.
                                                  4 15   U.S.C. 78s(b)(1).                                 Member.                                                  14 15 U.S.C. 78f.
                                                  5 17   CFR 240.19b–4.                                      10 See IEX Fee Schedule.                               15 15 U.S.C. 78f(b)(4).




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                                                                             Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices                                                     37975

                                                any potential confusion among                           Exchange operates in a highly                            Commission process and review your
                                                Members. The Exchange further believes                  competitive environment in which                         comments more efficiently, please use
                                                that the correction to the Fee Schedule                 market participants can readily favor                    only one method. The Commission will
                                                is reasonable, equitable, and not                       competing venues if fee schedules at                     post all comments on the Commission’s
                                                unfairly discriminatory because all                     other venues are viewed as more                          Internet Web site (http://www.sec.gov/
                                                similar situated Members will be subject                favorable.                                               rules/sro.shtml). Copies of the
                                                to the same fee structure.                                 The Exchange also does not believe                    submission, all subsequent
                                                   The Exchange also believes that it is                that the proposed rule change will result                amendments, all written statements
                                                consistent with the Act and an equitable                in any burden on intermarket                             with respect to the proposed rule
                                                allocation of reasonable dues, fees and                 competition because other venues are                     change that are filed with the
                                                other charges among its members and                     free to adopt comparable pricing.                        Commission, and all written
                                                other persons using its facilities to                                                                            communications relating to the
                                                measure whether the 90% threshold for                   C. Self-Regulatory Organization’s
                                                                                                                                                                 proposed rule change between the
                                                adding liquidity with displayable orders                Statement on Comments on the
                                                                                                                                                                 Commission and any person, other than
                                                is reached on an MPID basis. As                         Proposed Rule Change Received From
                                                                                                                                                                 those that may be withheld from the
                                                explained in IEX’s rule change adopting                 Members, Participants, or Others
                                                                                                                                                                 public in accordance with the
                                                the exception to the Non-Displayed                        Written comments were neither                          provisions of 5 U.S.C. 552, will be
                                                Match Fee, the flexibility is designed to               solicited nor received.                                  available for Web site viewing and
                                                address limited inadvertent liquidity                                                                            printing in the Commission’s Public
                                                                                                        III. Date of Effectiveness of the
                                                removal by Members who are largely                                                                               Reference Room, 100 F Street NE.,
                                                                                                        Proposed Rule Change and Timing for
                                                adding displayed liquidity and                                                                                   Washington, DC 20549, on official
                                                                                                        Commission Action
                                                generally intend to add displayed                                                                                business days between the hours of
                                                liquidity on IEX, to further encourage                     The foregoing rule change has become                  10:00 a.m. and 3:00 p.m. Copies of the
                                                aggressively priced displayed orders.16                 effective pursuant to Section                            filing also will be available for
                                                The Exchange believes that Members                      19(b)(3)(A)(ii) 17 of the Act. At any time               inspection and copying at principal
                                                that utilize multiple MPIDs generally                   within 60 days of the filing of the                      office of the Exchange. All comments
                                                use different MPIDs for different trading               proposed rule change, the Commission                     received will be posted without change;
                                                strategies or customers. Therefore, the                 summarily may temporarily suspend                        the Commission does not edit personal
                                                Exchange believes that measuring by                     such rule change if it appears to the                    identifying information from
                                                MPIDs is a more precise manner of                       Commission that such action is                           submissions. You should submit only
                                                assessing whether a Member’s trading                    necessary or appropriate in the public                   information that you wish to make
                                                strategy (or that of a customer) is largely             interest, for the protection of investors,               available publicly. All submissions
                                                adding displayed liquidity and                          or otherwise in furtherance of the                       should refer to File Number SR–IEX–
                                                generally intends to add displayed                      purposes of the Act. If the Commission                   2017–25 and should be submitted on or
                                                liquidity with displayable orders.                      takes such action, the Commission shall                  before September 5, 2017.
                                                                                                        institute proceedings under Section
                                                B. Self-Regulatory Organization’s                       19(b)(2)(B) 18 of the Act to determine                     For the Commission, by the Division of
                                                Statement on Burden on Competition                                                                               Trading and Markets, pursuant to delegated
                                                                                                        whether the proposed rule change                         authority.19
                                                   IEX does not believe that the                        should be approved or disapproved.
                                                                                                                                                                 Eduardo A. Aleman,
                                                proposed rule change will result in any
                                                burden on competition that is not                       IV. Solicitation of Comments                             Assistant Secretary.
                                                necessary or appropriate in furtherance                   Interested persons are invited to                      [FR Doc. 2017–17051 Filed 8–11–17; 8:45 am]
                                                of the purposes of the Act. The                         submit written data, views and                           BILLING CODE 8011–01–P
                                                proposed rule change is designed to                     arguments concerning the foregoing,
                                                correct an inadvertent error rather than                including whether the proposed rule
                                                a competitive issue. The Exchange does                  change is consistent with the Act.                       DEPARTMENT OF STATE
                                                not believe the proposed rule change                    Comments may be submitted by any of
                                                will result on a burden on intramarket                  the following methods:                                   [Delegation of Authority: 245–2]
                                                competition because all Members will
                                                                                                        Electronic Comments                                      Delegation From the Secretary to the
                                                be subject to the Non-Displayed Match
                                                Fee in the same manner on a fair and                      • Use the Commission’s Internet                        Deputy Secretary of Authorities of the
                                                consistent basis. While different fees                  comment form (http://www.sec.gov/                        Secretary of State
                                                will be assessed in some circumstances,                 rules/sro.shtml); or
                                                                                                          • Send an email to rule-comments@                         By virtue of the authority vested in
                                                these different fees are not based on the
                                                                                                        sec.gov. Please include File Number SR–                  the Secretary of State by the laws of the
                                                type of Member entering the order and
                                                                                                        IEX–2017–25 on the subject line.                         United States, including 22 U.S.C.
                                                all Members can submit any type of
                                                                                                                                                                 2651a, I hereby delegate to the Deputy
                                                order. Further, assessing whether the                   Paper Comments                                           Secretary, to the extent authorized by
                                                Non-Displayed Match Fee is applicable
                                                                                                          • Send paper comments in triplicate                    law, all authorities and functions vested
                                                on a per MPID basis is intended to
                                                                                                        to Brent J. Fields, Secretary, Securities                in the Secretary of State or the head of
                                                encourage market participants to enter
                                                                                                        and Exchange Commission, 100 F Street                    agency by any act, order, determination,
                                                aggressively priced displayed orders on
                                                                                                                                                                 delegation of authority, regulation, or
sradovich on DSK3GMQ082PROD with NOTICES




                                                the Exchange, which enhances price                      NE., Washington, DC 20549–1090.
                                                                                                          All submissions should refer to File                   executive order, now or hereafter
                                                discovery and deepens the Exchange’s
                                                                                                        Number SR–IEX–2017–25. This file                         issued.
                                                liquidity pool to the benefit of all
                                                                                                        number should be included in the                            This Delegation includes all
                                                market participants. Further, the
                                                                                                        subject line if email is used. To help the               authorities and functions that have been
                                                  16 See Securities Exchange Act Release No. 78550
                                                                                                                                                                 or may be delegated or re-delegated to
                                                                                                          17 15   U.S.C. 78s(b)(3)(A)(ii).
                                                (August 11, 2016), 81 FR 54873 (August 17, 2016)
                                                (SR–IEX–2016–09).                                         18 15   U.S.C. 78s(b)(2)(B).                             19 17   CFR 200.30–3(a)(12).



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Document Created: 2018-10-24 11:50:45
Document Modified: 2018-10-24 11:50:45
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 37973 

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