82_FR_38908 82 FR 38752 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Market Access and Routing Subsidy Program

82 FR 38752 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Market Access and Routing Subsidy Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 156 (August 15, 2017)

Page Range38752-38755
FR Document2017-17168

Federal Register, Volume 82 Issue 156 (Tuesday, August 15, 2017)
[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)]
[Notices]
[Pages 38752-38755]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17168]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81360; File No. SR-NASDAQ-2017-079]


Self-Regulatory Organizations; The NASDAQ Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Amend the Market Access and Routing Subsidy Program

August 9, 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 August 1, 2017, The NASDAQ Stock Market LLC (``Nasdaq'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II, 
and III, below, which Items have been prepared by the Exchange. The 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.

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[[Page 38753]]

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend the Exchange's transaction fees at 
Chapter XV, Section 2 entitled ``NASDAQ Options Market--Fees and 
Rebates,'' which governs pricing for Nasdaq Participants using the 
NASDAQ Options Market (``NOM''), Nasdaq's facility for executing and 
routing standardized equity and index options. The Exchange proposes to 
amend its subsidy program, the Market Access and Routing Subsidy or 
``MARS,'' for NOM Participants that provide certain order routing 
functionalities \3\ to other NOM Participants and/or use such 
functionalities themselves.
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    \3\ The order routing functionalities permit a NOM Participant 
to provide access and connectivity to other Participants as well as 
utilize such access for themselves. The Exchange notes that one NOM 
Participant is eligible for payments under MARS, while another NOM 
Participant might potentially be liable for transaction charges 
associated with the execution of the order, because those orders 
were delivered to the Exchange through a NOM Participant's 
connection to the Exchange and that Participant qualified for the 
MARS Payment.
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    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaq.cchwallstreet.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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its MARS subsidy program, which pays 
a subsidy to NOM Participants that provide certain order routing 
functionalities to other NOM Participants and/or use such 
functionalities themselves. Generally, under MARS, the Exchange pays 
participating NOM Participants to subsidize their costs of providing 
routing services to route orders to NOM. At this time, the Exchange 
proposes to amend Chapter XV, Section 2(6) to expand the MARS Payment 
tiers as described further below.
    Today, NOM Participants that have System Eligibility \4\ and have 
routed the requisite number of Eligible Contracts daily in a month 
(``Average Daily Volume''), which were executed on NOM, are entitled to 
a MARS Payment. For the purpose of qualifying for the MARS Payment, 
Eligible Contracts may include Firm,\5\ Non-NOM Market Maker,\6\ 
Broker-Dealer,\7\ or Joint Back Office or ``JBO'' \8\ equity option 
orders that add liquidity and are electronically delivered and 
executed.\9\
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    \4\ To qualify for MARS, the Participant's routing system 
(``System'') is required to: (1) Enable the electronic routing of 
orders to all of the U.S. options exchanges, including NOM; (2) 
provide current consolidated market data from the U.S. options 
exchanges; and (3) be capable of interfacing with NOM's API to 
access current NOM match engine functionality. Further, the 
Participant's System would also need to cause NOM to be one of the 
top three default destination exchanges for (a) individually 
executed marketable orders if NOM is at the national best bid or 
offer (``NBBO''), regardless of size or time or (b) orders that 
establish a new NBBO on NOM's Order Book, but allow any user to 
manually override NOM as a default destination on an order-by-order 
basis. Any NOM Participant would be permitted to avail itself of 
this arrangement, provided that its order routing functionality 
incorporates the features described above and satisfies NOM that it 
appears to be robust and reliable. The Participant remains solely 
responsible for implementing and operating its System. See Chapter 
XV, Section 2(6).
    \5\ The term ``Firm'' or (``F'') applies to any transaction that 
is identified by a Participant for clearing in the Firm range at 
OCC.
    \6\ The term ``Non-NOM Market Maker'' or (``O'') is a registered 
market maker on another options exchange that is not a NOM Market 
Maker. A Non-NOM Market Maker must append the proper Non-NOM Market 
Maker designation to orders routed to NOM.
    \7\ The term ``Broker-Dealer'' or (``B'') applies to any 
transaction which is not subject to any of the other transaction 
fees applicable within a particular category.
    \8\ The term ``Joint Back Office'' or ``JBO'' applies to any 
transaction that is identified by a Participant for clearing in the 
Firm range at OCC and is identified with an origin code as a JBO. A 
JBO will be priced the same as a Broker-Dealer as of September 1, 
2014. A JBO participant is a Participant that maintains a JBO 
arrangement with a clearing broker-dealer (``JBO Broker'') subject 
to the requirements of Regulation T Section 220.7 of the Federal 
Reserve System as further discussed in Chapter XIII, Section 5.
    \9\ Eligible Contracts do not include Mini Option orders. Mini 
Options are further specified in Chapter XV, Section 2(4).
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    The Exchange currently pays the following MARS Payments according 
to Average Daily Volume (``ADV'') \10\ submitted on NOM:
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    \10\ Average Daily Volume is all Eligible Contracts daily in a 
month aggregating Penny and Non-Penny Pilot Options.

----------------------------------------------------------------------------------------------------------------
                                                           Average daily       MARS Payment       MARS Payment
                         Tiers                           volume  (``ADV'')       (penny)          (non-penny)
----------------------------------------------------------------------------------------------------------------
1......................................................              2,500              $0.07              $0.15
2......................................................              5,000               0.09               0.20
3......................................................             10,000               0.11               0.30
4......................................................             20,000               0.15               0.50
----------------------------------------------------------------------------------------------------------------

    Also, NOM Participants that qualify for Customer and Professional 
Penny Pilot Options Rebate to Add Liquidity Tier 8 in Chapter XV, 
Section 2(1) will receive $0.09 per contract in addition to any MARS 
Payment tier on MARS Eligible Contracts the NOM Participant qualifies 
for in a given month. The specified MARS Payment will be paid on all 
executed Eligible Contracts that add liquidity, which are routed to NOM 
through a participating NOM Participant's System and meet the requisite 
Eligible Contracts ADV. No payments will be made with respect to orders 
that are routed to NOM, but not executed.\11\
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    \11\ A Participant will not be entitled to receive any other 
revenue for the use of its System specifically with respect to 
orders routed to NOM. The Exchange believes that MARS Payment will 
subsidize the costs of NOM Participants in providing the routing 
services.
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    The Exchange proposes to add a new Tier 5 with an ADV of 45,000 
contracts and pay a MARS Payment of (i) $0.17 per contract for Penny 
Pilot Options transactions that qualify for the MARS Payment tier 
program and (ii) $0.60 per contract for Non-Penny Pilot Options 
transactions that qualify for the MARS Payment tier program. The 
Exchange would continue to pay an additional $0.09 per contract in 
addition to any MARS Payment tier on MARS Eligible Contracts in a given 
month, provided

[[Page 38754]]

the NOM Participant qualified for the Customer and Professional Penny 
Pilot Options Rebate to Add Liquidity Tier 8 in Chapter XV, Section 
2(1). The Exchange believes that as proposed, MARS will continue to 
attract higher volumes of electronic equity and ETF options volume to 
the Exchange from non-NOM Participants as well as NOM Participants.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\12\ in general, and furthers the objectives of 
Sections 6(b)(4) and 6(b)(5) of the Act,\13\ 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.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange's proposal to add a new Tier 5 with an ADV of 45,000 
contracts and pay the MARS Payment in the amounts described above is 
reasonable because the amendments will attract higher volumes of 
electronic equity and ETF options volume to the Exchange, which will 
benefit all NOM Participants by offering greater price discovery, 
increased transparency, and an increased opportunity to trade on the 
Exchange. The expanded MARS Payments should enhance the competitiveness 
of the Exchange, particularly with respect to those exchanges that 
offer their own front-end order entry system or one they subsidize in 
some manner. The amendment to add Tier 5 will incentivize NOM 
Participants to achieve an even higher Penny Pilot Options Rebate, 
provided the NOM Participant is eligible for MARS. Further, the tier 
structure will allow NOM Participants to price their services at a 
level that will enable them to attract order flow from market 
participants who would otherwise utilize an existing front-end order 
entry mechanism offered by the Exchange's competitors instead of 
incurring the cost in time and money to develop their own internal 
systems to be able to deliver orders directly to the Exchange's System.
    The Exchange's proposal to add a new Tier 5 and pay the MARS 
Payment in the amounts described above is equitable and not unfairly 
discriminatory because the Exchange will uniformly pay all NOM 
Participants the rebates specified in the proposed MARS Payment tiers 
provided the NOM Participant has executed the requisite number of 
Eligible Contracts. Moreover, the Exchange believes that the proposed 
MARS Payments offered by the Exchange are equitable and not unfairly 
discriminatory because any qualifying NOM Participant that offers 
market access and connectivity to the Exchange and/or utilize such 
functionality themselves may earn the MARS Payments for all Eligible 
Contracts.

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.
    In sum, if the fee 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.
    Further, the Exchange's proposal does not impose an undue burden on 
intra-market competition because the Exchange will uniformly pay all 
NOM Participants the rebates specified in the proposed MARS Payment 
tiers provided the NOM Participant has executed the requisite number of 
Eligible Contracts. Moreover, any qualifying NOM Participant that 
offers market access and connectivity to the Exchange and/or utilizes 
such functionality themselves may earn the proposed MARS Payment for 
all Eligible Contracts.

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.\14\
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    \14\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    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.

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-NASDAQ-2017-079 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-NASDAQ-2017-079. 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

[[Page 38755]]

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-NASDAQ-2017-079, and should 
be submitted on or before September 5, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-17168 Filed 8-14-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                  38752                        Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Notices

                                                  commitment of capital. In addition,                     through continuous quoting 18 and the                  Commission, and all written
                                                  encouraging NOM Market Makers to add                    commitment of capital.                                 communications relating to the
                                                  greater liquidity benefits all Participants                                                                    proposed rule change between the
                                                                                                          C. Self-Regulatory Organization’s
                                                  in the quality of order interaction. The                                                                       Commission and any person, other than
                                                                                                          Statement on Comments on the
                                                  Exchange believes it is equitable and not                                                                      those that may be withheld from the
                                                                                                          Proposed Rule Change Received From
                                                  unfairly discriminatory to offer only                                                                          public in accordance with the
                                                                                                          Members, Participants, or Others
                                                  NOM Market Makers the opportunity to                                                                           provisions of 5 U.S.C. 552, will be
                                                  earn the discounted fee described above                   No written comments were either                      available for Web site viewing and
                                                  because of the obligations borne by                     solicited or received.                                 printing in the Commission’s Public
                                                  these market participants, as noted                     III. Date of Effectiveness of the                      Reference Room, 100 F Street NE.,
                                                  herein.                                                 Proposed Rule Change and Timing for                    Washington, DC 20549, on official
                                                                                                          Commission Action                                      business days between the hours of
                                                  B. Self-Regulatory Organization’s
                                                                                                                                                                 10:00 a.m. and 3:00 p.m. Copies of the
                                                  Statement on Burden on Competition                         The foregoing rule change has become                filing also will be available for
                                                                                                          effective pursuant to Section                          inspection and copying at the principal
                                                     The Exchange does not believe that                   19(b)(3)(A)(ii) of the Act.19
                                                  the proposed rule change will impose                                                                           office of the Exchange. All comments
                                                                                                             At any time within 60 days of the
                                                  any burden on competition not                                                                                  received will be posted without change;
                                                                                                          filing of the proposed rule change, the
                                                  necessary or appropriate in furtherance                                                                        the Commission does not edit personal
                                                                                                          Commission summarily may
                                                  of the purposes of the Act. In terms of                                                                        identifying information from
                                                                                                          temporarily suspend such rule change if
                                                  inter-market competition, the Exchange                                                                         submissions. You should submit only
                                                                                                          it appears to the Commission that such
                                                  notes that it operates in a highly                                                                             information that you wish to make
                                                                                                          action is: (i) Necessary or appropriate in
                                                  competitive market in which market                      the public interest; (ii) for the protection           available publicly. All submissions
                                                  participants can readily favor competing                of investors; or (iii) otherwise in                    should refer to File Number SR–
                                                  venues if they deem fee levels at a                     furtherance of the purposes of the Act.                NASDAQ–2017–080, and should be
                                                  particular venue to be excessive, or                    If the Commission takes such action, the               submitted on or before September 5,
                                                  rebate opportunities available at other                 Commission shall institute proceedings                 2017.
                                                  venues to be more favorable. The                        to determine whether the proposed rule                   For the Commission, by the Division of
                                                  Exchange believes that the proposed                     should be approved or disapproved.                     Trading and Markets, pursuant to delegated
                                                  pricing changes are competitive and                                                                            authority.20
                                                  does not impose a burden on inter-                      IV. Solicitation of Comments
                                                                                                                                                                 Eduardo A. Aleman,
                                                  market competition. If the changes                        Interested persons are invited to                    Assistant Secretary.
                                                  proposed herein are unattractive to                     submit written data, views, and
                                                                                                                                                                 [FR Doc. 2017–17169 Filed 8–14–17; 8:45 am]
                                                  market participants, it is likely that the              arguments concerning the foregoing,
                                                  Exchange will lose market share as a                    including whether the proposed rule                    BILLING CODE 8011–01–P
                                                  result. Accordingly, the Exchange does                  change is consistent with the Act.
                                                  not believe that the proposed changes                   Comments may be submitted by any of
                                                  will impair the ability of members or                   the following methods:                                 SECURITIES AND EXCHANGE
                                                  competing order execution venues to                                                                            COMMISSION
                                                  maintain their competitive standing in                  Electronic Comments
                                                  the financial markets.                                    • Use the Commission’s Internet                      [Release No. 34–81360; File No. SR–
                                                     As it relates to the proposed fee                    comment form (http://www.sec.gov/                      NASDAQ–2017–079]
                                                  change to lower the NOM Volume                          rules/sro.shtml); or
                                                  Threshold, the Exchange does not                          • Send an email to rule-comments@                    Self-Regulatory Organizations; The
                                                                                                          sec.gov. Please include File Number SR–                NASDAQ Stock Market LLC; Notice of
                                                  believe that its proposal imposes an
                                                                                                          NASDAQ–2017–080 on the subject line.                   Filing and Immediate Effectiveness of
                                                  undue burden on intra-market
                                                                                                                                                                 Proposed Rule Change To Amend the
                                                  competition because all Participants are                Paper Comments                                         Market Access and Routing Subsidy
                                                  eligible to earn rebates and these rebates
                                                                                                             • Send paper comments in triplicate                 Program
                                                  would be uniformly paid to all
                                                                                                          to Secretary, Securities and Exchange
                                                  qualifying Participants. The Exchange                                                                          August 9, 2017.
                                                                                                          Commission, 100 F Street NE.,
                                                  also does not believe that its proposal to
                                                                                                          Washington, DC 20549–1090.                                Pursuant to Section 19(b)(1) of the
                                                  offer Participants an opportunity to
                                                  reduce the NOM Market Maker Non-                        All submissions should refer to File                   Securities Exchange Act of 1934
                                                  Penny Pilot Options Fee for Adding                      Number SR–NASDAQ–2017–080. This                        (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  Liquidity from $0.35 to $0.00 if they                   file number should be included on the                  notice is hereby given that on August 1,
                                                  meet the volume-based standard                          subject line if email is used. To help the             2017, The NASDAQ Stock Market LLC
                                                  described above imposes an undue                        Commission process and review your                     (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the
                                                  burden on intra-market competition                      comments more efficiently, please use                  Securities and Exchange Commission
                                                  because NOM Market Makers, unlike                       only one method. The Commission will                   (‘‘Commission’’) the proposed rule
                                                  other market participants, add value                    post all comments on the Commission’s                  change as described in Items I, II, and
                                                                                                          Internet Web site (http://www.sec.gov/                 III, below, which Items have been
                                                                                                          rules/sro.shtml). Copies of the                        prepared by the Exchange. The
mstockstill on DSK30JT082PROD with NOTICES




                                                  making capacity must constitute a course of
                                                  dealings reasonably calculated to contribute to the     submission, all subsequent                             Commission is publishing this notice to
                                                  maintenance of a fair and orderly market, and           amendments, all written statements                     solicit comments on the proposed rule
                                                  Market Makers should not make bids or offers or         with respect to the proposed rule                      change from interested persons.
                                                  enter into transactions that are inconsistent with
                                                  such course of dealings. Further, all Market Makers
                                                                                                          change that are filed with the
                                                                                                                                                                   20 17 CFR 200.30–3(a)(12).
                                                  are designated as specialists on NOM for all
                                                                                                            18 See note 17 above.                                  1 15 U.S.C. 78s(b)(1).
                                                  purposes under the Act or rules thereunder. See
                                                  Chapter VII, Section 5.                                   19 15 U.S.C. 78s(b)(3)(A)(ii).                         2 17 CFR 240.19b–4.




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                                                                                            Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Notices                                                                               38753

                                                  I. Self-Regulatory Organization’s                                              II. Self-Regulatory Organization’s                                    Participants and/or use such
                                                  Statement of the Terms of Substance of                                         Statement of the Purpose of, and                                      functionalities themselves. Generally,
                                                  the Proposed Rule Change                                                       Statutory Basis for, the Proposed Rule                                under MARS, the Exchange pays
                                                                                                                                 Change                                                                participating NOM Participants to
                                                     The Exchange proposes to amend the                                                                                                                subsidize their costs of providing
                                                                                                                                    In its filing with the Commission, the
                                                  Exchange’s transaction fees at Chapter                                         Exchange included statements                                          routing services to route orders to NOM.
                                                  XV, Section 2 entitled ‘‘NASDAQ                                                concerning the purpose of and basis for                               At this time, the Exchange proposes to
                                                  Options Market—Fees and Rebates,’’                                             the proposed rule change and discussed                                amend Chapter XV, Section 2(6) to
                                                  which governs pricing for Nasdaq                                               any comments it received on the                                       expand the MARS Payment tiers as
                                                  Participants using the NASDAQ Options                                          proposed rule change. The text of these                               described further below.
                                                  Market (‘‘NOM’’), Nasdaq’s facility for                                        statements may be examined at the                                       Today, NOM Participants that have
                                                  executing and routing standardized                                             places specified in Item IV below. The                                System Eligibility 4 and have routed the
                                                  equity and index options. The Exchange                                         Exchange has prepared summaries, set                                  requisite number of Eligible Contracts
                                                  proposes to amend its subsidy program,                                         forth in sections A, B, and C below, of                               daily in a month (‘‘Average Daily
                                                  the Market Access and Routing Subsidy                                          the most significant aspects of such                                  Volume’’), which were executed on
                                                  or ‘‘MARS,’’ for NOM Participants that                                         statements.                                                           NOM, are entitled to a MARS Payment.
                                                  provide certain order routing                                                  A. Self-Regulatory Organization’s                                     For the purpose of qualifying for the
                                                  functionalities 3 to other NOM                                                 Statement of the Purpose of, and the                                  MARS Payment, Eligible Contracts may
                                                  Participants and/or use such                                                   Statutory Basis for, the Proposed Rule                                include Firm,5 Non-NOM Market
                                                  functionalities themselves.                                                    Change                                                                Maker,6 Broker-Dealer,7 or Joint Back
                                                                                                                                                                                                       Office or ‘‘JBO’’ 8 equity option orders
                                                     The text of the proposed rule change                                        1. Purpose                                                            that add liquidity and are electronically
                                                  is available on the Exchange’s Web site
                                                                                                                                    The Exchange proposes to amend its                                 delivered and executed.9
                                                  at http://nasdaq.cchwallstreet.com, at
                                                  the principal office of the Exchange, and                                      MARS subsidy program, which pays a                                      The Exchange currently pays the
                                                  at the Commission’s Public Reference                                           subsidy to NOM Participants that                                      following MARS Payments according to
                                                                                                                                 provide certain order routing                                         Average Daily Volume (‘‘ADV’’) 10
                                                  Room.
                                                                                                                                 functionalities to other NOM                                          submitted on NOM:

                                                                                                                                                                                            Average daily       MARS Payment             MARS Payment
                                                                                                                Tiers                                                                          volume              (penny)                (non-penny)
                                                                                                                                                                                              (‘‘ADV’’)

                                                  1   .................................................................................................................................               2,500                   $0.07                   $0.15
                                                  2   .................................................................................................................................               5,000                    0.09                    0.20
                                                  3   .................................................................................................................................              10,000                    0.11                    0.30
                                                  4   .................................................................................................................................              20,000                    0.15                    0.50



                                                    Also, NOM Participants that qualify                                          add liquidity, which are routed to NOM                                per contract for Penny Pilot Options
                                                  for Customer and Professional Penny                                            through a participating NOM                                           transactions that qualify for the MARS
                                                  Pilot Options Rebate to Add Liquidity                                          Participant’s System and meet the                                     Payment tier program and (ii) $0.60 per
                                                  Tier 8 in Chapter XV, Section 2(1) will                                        requisite Eligible Contracts ADV. No                                  contract for Non-Penny Pilot Options
                                                  receive $0.09 per contract in addition to                                      payments will be made with respect to                                 transactions that qualify for the MARS
                                                  any MARS Payment tier on MARS                                                  orders that are routed to NOM, but not                                Payment tier program. The Exchange
                                                  Eligible Contracts the NOM Participant                                         executed.11                                                           would continue to pay an additional
                                                  qualifies for in a given month. The                                              The Exchange proposes to add a new                                  $0.09 per contract in addition to any
                                                  specified MARS Payment will be paid                                            Tier 5 with an ADV of 45,000 contracts                                MARS Payment tier on MARS Eligible
                                                  on all executed Eligible Contracts that                                        and pay a MARS Payment of (i) $0.17                                   Contracts in a given month, provided
                                                     3 The order routing functionalities permit a NOM                            a new NBBO on NOM’s Order Book, but allow any                           8 The term ‘‘Joint Back Office’’ or ‘‘JBO’’ applies

                                                  Participant to provide access and connectivity to                              user to manually override NOM as a default                            to any transaction that is identified by a Participant
                                                  other Participants as well as utilize such access for                          destination on an order-by-order basis. Any NOM                       for clearing in the Firm range at OCC and is
                                                  themselves. The Exchange notes that one NOM                                    Participant would be permitted to avail itself of this                identified with an origin code as a JBO. A JBO will
                                                  Participant is eligible for payments under MARS,                               arrangement, provided that its order routing                          be priced the same as a Broker-Dealer as of
                                                  while another NOM Participant might potentially                                functionality incorporates the features described                     September 1, 2014. A JBO participant is a
                                                  be liable for transaction charges associated with the                          above and satisfies NOM that it appears to be robust                  Participant that maintains a JBO arrangement with
                                                  execution of the order, because those orders were                              and reliable. The Participant remains solely                          a clearing broker-dealer (‘‘JBO Broker’’) subject to
                                                  delivered to the Exchange through a NOM                                        responsible for implementing and operating its                        the requirements of Regulation T Section 220.7 of
                                                  Participant’s connection to the Exchange and that                              System. See Chapter XV, Section 2(6).                                 the Federal Reserve System as further discussed in
                                                  Participant qualified for the MARS Payment.                                       5 The term ‘‘Firm’’ or (‘‘F’’) applies to any                      Chapter XIII, Section 5.
                                                     4 To qualify for MARS, the Participant’s routing
                                                                                                                                 transaction that is identified by a Participant for                     9 Eligible Contracts do not include Mini Option
                                                  system (‘‘System’’) is required to: (1) Enable the
                                                                                                                                 clearing in the Firm range at OCC.                                    orders. Mini Options are further specified in
                                                  electronic routing of orders to all of the U.S. options                           6 The term ‘‘Non-NOM Market Maker’’ or (‘‘O’’) is                  Chapter XV, Section 2(4).
                                                  exchanges, including NOM; (2) provide current
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                                                  consolidated market data from the U.S. options                                 a registered market maker on another options                            10 Average Daily Volume is all Eligible Contracts

                                                  exchanges; and (3) be capable of interfacing with                              exchange that is not a NOM Market Maker. A Non-                       daily in a month aggregating Penny and Non-Penny
                                                  NOM’s API to access current NOM match engine                                   NOM Market Maker must append the proper Non-                          Pilot Options.
                                                  functionality. Further, the Participant’s System                               NOM Market Maker designation to orders routed to                        11 A Participant will not be entitled to receive any

                                                  would also need to cause NOM to be one of the top                              NOM.                                                                  other revenue for the use of its System specifically
                                                  three default destination exchanges for (a)                                       7 The term ‘‘Broker-Dealer’’ or (‘‘B’’) applies to                 with respect to orders routed to NOM. The
                                                  individually executed marketable orders if NOM is                              any transaction which is not subject to any of the                    Exchange believes that MARS Payment will
                                                  at the national best bid or offer (‘‘NBBO’’),                                  other transaction fees applicable within a particular                 subsidize the costs of NOM Participants in
                                                  regardless of size or time or (b) orders that establish                        category.                                                             providing the routing services.



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                                                  38754                            Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Notices

                                                  the NOM Participant qualified for the                      Participant has executed the requisite                C. Self-Regulatory Organization’s
                                                  Customer and Professional Penny Pilot                      number of Eligible Contracts. Moreover,               Statement on Comments on the
                                                  Options Rebate to Add Liquidity Tier 8                     the Exchange believes that the proposed               Proposed Rule Change Received From
                                                  in Chapter XV, Section 2(1). The                           MARS Payments offered by the                          Members, Participants, or Others
                                                  Exchange believes that as proposed,                        Exchange are equitable and not unfairly                 No written comments were either
                                                  MARS will continue to attract higher                       discriminatory because any qualifying                 solicited or received.
                                                  volumes of electronic equity and ETF                       NOM Participant that offers market
                                                  options volume to the Exchange from                                                                              III. Date of Effectiveness of the
                                                                                                             access and connectivity to the Exchange
                                                  non-NOM Participants as well as NOM                                                                              Proposed Rule Change and Timing for
                                                                                                             and/or utilize such functionality
                                                  Participants.                                                                                                    Commission Action
                                                                                                             themselves may earn the MARS
                                                  2. Statutory Basis                                         Payments for all Eligible Contracts.                     The foregoing rule change has become
                                                                                                                                                                   effective pursuant to Section
                                                     The Exchange believes that its                          B. Self-Regulatory Organization’s                     19(b)(3)(A)(ii) of the Act.14
                                                  proposal is consistent with Section 6(b)                   Statement on Burden on Competition                       At any time within 60 days of the
                                                  of the Act,12 in general, and furthers the                                                                       filing of the proposed rule change, the
                                                  objectives of Sections 6(b)(4) and 6(b)(5)                    The Exchange does not believe that                 Commission summarily may
                                                  of the Act,13 in particular, in that it                    the proposed rule change will impose                  temporarily suspend such rule change if
                                                  provides for the equitable allocation of                   any burden on competition not                         it appears to the Commission that such
                                                  reasonable dues, fees and other charges                    necessary or appropriate in furtherance               action is: (i) Necessary or appropriate in
                                                  among members and issuers and other                        of the purposes of the Act. In terms of               the public interest; (ii) for the protection
                                                  persons using any facility, and is not                     inter-market competition, the Exchange                of investors; or (iii) otherwise in
                                                  designed to permit unfair                                  notes that it operates in a highly                    furtherance of the purposes of the Act.
                                                  discrimination between customers,                          competitive market in which market                    If the Commission takes such action, the
                                                  issuers, brokers, or dealers.                              participants can readily favor competing              Commission shall institute proceedings
                                                     The Exchange’s proposal to add a new                    venues if they deem fee levels at a                   to determine whether the proposed rule
                                                  Tier 5 with an ADV of 45,000 contracts                     particular venue to be excessive, or                  should be approved or disapproved.
                                                  and pay the MARS Payment in the                            rebate opportunities available at other
                                                  amounts described above is reasonable                                                                            IV. Solicitation of Comments
                                                                                                             venues to be more favorable. In such an
                                                  because the amendments will attract                        environment, the Exchange must                          Interested persons are invited to
                                                  higher volumes of electronic equity and                    continually adjust its fees to remain                 submit written data, views, and
                                                  ETF options volume to the Exchange,                        competitive with other exchanges and                  arguments concerning the foregoing,
                                                  which will benefit all NOM Participants                    with alternative trading systems that                 including whether the proposed rule
                                                  by offering greater price discovery,                                                                             change is consistent with the Act.
                                                                                                             have been exempted from compliance
                                                  increased transparency, and an                                                                                   Comments may be submitted by any of
                                                                                                             with the statutory standards applicable
                                                  increased opportunity to trade on the                                                                            the following methods:
                                                                                                             to exchanges. Because competitors are
                                                  Exchange. The expanded MARS
                                                                                                             free to modify their own fees in                      Electronic Comments
                                                  Payments should enhance the
                                                  competitiveness of the Exchange,                           response, and because market                            • Use the Commission’s Internet
                                                  particularly with respect to those                         participants may readily adjust their                 comment form (http://www.sec.gov/
                                                  exchanges that offer their own front-end                   order routing practices, the Exchange                 rules/sro.shtml); or
                                                  order entry system or one they subsidize                   believes that the degree to which fee                   • Send an email to rule-comments@
                                                  in some manner. The amendment to add                       changes in this market may impose any                 sec.gov. Please include File Number SR–
                                                  Tier 5 will incentivize NOM                                burden on competition is extremely                    NASDAQ–2017–079 on the subject line.
                                                  Participants to achieve an even higher                     limited.
                                                                                                                                                                   Paper Comments
                                                  Penny Pilot Options Rebate, provided                          In sum, if the fee changes proposed
                                                  the NOM Participant is eligible for                        herein are unattractive to market                        • Send paper comments in triplicate
                                                  MARS. Further, the tier structure will                     participants, it is likely that the                   to Secretary, Securities and Exchange
                                                  allow NOM Participants to price their                      Exchange will lose market share as a                  Commission, 100 F Street NE.,
                                                  services at a level that will enable them                  result. Accordingly, the Exchange does                Washington, DC 20549–1090.
                                                  to attract order flow from market                          not believe that the proposed changes                 All submissions should refer to File
                                                  participants who would otherwise                           will impair the ability of members or                 Number SR–NASDAQ–2017–079. This
                                                  utilize an existing front-end order entry                  competing order execution venues to                   file number should be included on the
                                                  mechanism offered by the Exchange’s                        maintain their competitive standing in                subject line if email is used. To help the
                                                  competitors instead of incurring the cost                  the financial markets.                                Commission process and review your
                                                  in time and money to develop their own                                                                           comments more efficiently, please use
                                                                                                                Further, the Exchange’s proposal does              only one method. The Commission will
                                                  internal systems to be able to deliver
                                                                                                             not impose an undue burden on intra-                  post all comments on the Commission’s
                                                  orders directly to the Exchange’s
                                                                                                             market competition because the                        Internet Web site (http://www.sec.gov/
                                                  System.
                                                     The Exchange’s proposal to add a new                    Exchange will uniformly pay all NOM                   rules/sro.shtml). Copies of the
                                                  Tier 5 and pay the MARS Payment in                         Participants the rebates specified in the             submission, all subsequent
                                                  the amounts described above is                             proposed MARS Payment tiers provided                  amendments, all written statements
                                                  equitable and not unfairly                                 the NOM Participant has executed the                  with respect to the proposed rule
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                                                  discriminatory because the Exchange                        requisite number of Eligible Contracts.               change that are filed with the
                                                  will uniformly pay all NOM Participants                    Moreover, any qualifying NOM                          Commission, and all written
                                                  the rebates specified in the proposed                      Participant that offers market access and             communications relating to the
                                                  MARS Payment tiers provided the NOM                        connectivity to the Exchange and/or                   proposed rule change between the
                                                                                                             utilizes such functionality themselves                Commission and any person, other than
                                                    12 15   U.S.C. 78f(b).                                   may earn the proposed MARS Payment
                                                    13 15   U.S.C. 78f(b)(4) and (5).                        for all Eligible Contracts.                             14 15   U.S.C. 78s(b)(3)(A)(ii).



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                                                                                   Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Notices                                           38755

                                                  those that may be withheld from the                       409 3rd Street SW., Suite 6050,                           the International Joint Commission will
                                                  public in accordance with the                             Washington, DC 20416, (202) 205–6734.                     be holding public hearings in the basin
                                                  provisions of 5 U.S.C. 552, will be                       SUPPLEMENTARY INFORMATION: Notice is                      on its own report. Draft Changes to the
                                                  available for Web site viewing and                        hereby given that as a result of the                      Rainy and Namakan Lakes Rule Curves
                                                  printing in the Commission’s Public                       President’s major disaster declaration on                 for Public Comment. The Commission is
                                                  Reference Room, 100 F Street, NE.,                        08/08/2017, Private Non-Profit                            considering proposed changes to its
                                                  Washington, DC 20549, on official                         organizations that provide essential                      Orders of Approval for the emergency
                                                  business days between the hours of                        services of a governmental nature may                     regulation of Rainy and Namakan Lakes
                                                  10:00 a.m. and 3:00 p.m. Copies of the                    file disaster loan applications at the                    that have been recommended by the
                                                  filing also will be available for                         address listed above or other locally                     Study.
                                                  inspection and copying at the principal                   announced locations.                                      DATES: Commissioners will be present to
                                                  office of the Exchange. All comments                         The following areas have been                          hear comments at four public hearings
                                                  received will be posted without change;                   determined to be adversely affected by                    throughout the basin from August 16 to
                                                  the Commission does not edit personal                     the disaster:                                             18, 2017. A public comment period on
                                                  identifying information from                              Primary Counties: Columbia, Deschutes,                    the Commission’s report will also be
                                                  submissions. You should submit only                            Hood River, Josephine.                               open from July 24 to September 1, 2017.
                                                  information that you wish to make                                                                                   ADDRESSES: The public hearings will be
                                                  available publicly. All submissions                          The Interest Rates are:
                                                                                                                                                                      held at the following locations:
                                                  should refer to File Number SR–
                                                                                                                                                             Percent  Wednesday, Fort Frances, Ontario
                                                  NASDAQ–2017–079, and should be                                                                                        August 16: Fort Frances Library—
                                                  submitted on or before September 5,                       For Physical Damage:                                           Shaw Hub Room, 601 Reid Avenue,
                                                  2017.                                                        Non-Profit Organizations with                               Fort Frances, ON P9A 0A2, 7:00
                                                    For the Commission, by the Division of                       Credit Available Elsewhere ...                 2.500
                                                                                                                                                                           p.m.–9:00 p.m.
                                                  Trading and Markets, pursuant to delegated                   Non-Profit Organizations with-
                                                                                                                                                                      Thursday, Kabetogama, Minnesota
                                                  authority.15                                                   out Credit Available Else-
                                                                                                                 where .....................................    2.500
                                                                                                                                                                        August 17: Kabetogama Lake
                                                  Eduardo A. Aleman,                                                                                                       Community Centre, 9707 Gamma
                                                                                                            For Economic Injury:
                                                  Assistant Secretary.                                         Non-Profit Organizations with-                              Road, Kabetogama, MN 56669, 3:00
                                                  [FR Doc. 2017–17168 Filed 8–14–17; 8:45 am]                    out Credit Available Else-                                p.m.–5:00 p.m.
                                                  BILLING CODE 8011–01–P                                         where .....................................    2.500 Thursday, International Falls,
                                                                                                                                                                           Minnesota
                                                                                                               The number assigned to this disaster                     August 17: Backus Community
                                                                                                            for physical damage is 15240B and for                          Centre—Conference Room 101/102,
                                                  SMALL BUSINESS ADMINISTRATION                                                                                            900 5th Street, International Falls,
                                                                                                            economic injury is 152410.
                                                  [Disaster Declaration #15240 and #15241;                                                                                 MN 56649, 7:00 p.m.–9:00 p.m.
                                                                                                            (Catalog of Federal Domestic Assistance
                                                  Oregon Disaster Number OR–00086]                          Number 59008)
                                                                                                                                                                      Friday, Rainy River, Ontario
                                                                                                                                                                        August 18: Rainy River Recreation
                                                  Presidential Declaration of a Major                       James E. Rivera,                                               Centre, 302 Broadway Avenue,
                                                  Disaster for Public Assistance Only for                   Associate Administrator for Disaster                           Rainy River, ON P0W 1L0, 9:30
                                                  the State of Oregon                                       Assistance.                                                    a.m.–11:30 a.m.
                                                                                                            [FR Doc. 2017–17174 Filed 8–14–17; 8:45 am]               FOR FURTHER INFORMATION CONTACT:
                                                  AGENCY: U.S. Small Business
                                                                                                            BILLING CODE 8025–01–P                                    Sarah Lobrichon (Ottawa), 613–992–
                                                  Administration.
                                                                                                                                                                        5368, lobrichons@ottawa.ijc.org
                                                  ACTION: Notice.                                                                                                     Frank Bevacqua (Washington), 202–
                                                                                                            DEPARTMENT OF STATE                                         736–9024, bevacqauf@
                                                  SUMMARY:   This is a Notice of the
                                                                                                                                                                        washington.ijc.org
                                                  Presidential declaration of a major                       [Public notice: 10083]
                                                  disaster for Public Assistance Only for                                                                             SUPPLEMENTARY INFORMATION: The
                                                  the State of Oregon (FEMA–4328–DR),                       International Joint Commission:                           Commission’s proposal relating to the
                                                  dated 08/08/2017.                                         Invites Public Comment on Review of                       Emergency Regulation of Levels on
                                                    Incident: Severe Winter Storms,                         Emergency Levels for Rainy and                            Rainy and Namakan Lakes are centered
                                                  Flooding, Landslides, and Mudslides.                      Namakan Lakes                                             on five general themes:
                                                    Incident Period: 01/07/2017 through                                                                                 Changes to existing Rule Curves:
                                                  01/10/2017.                                               AGENCY: Department of State.                              Alternative C for the rule curves for
                                                  DATES: Issued on 08/08/2017.                              ACTION: International Joint Commission:                   Rainy and Namakan lakes, which
                                                    Physical Loan Application Deadline                      Invites Public Comment on Review of                       includes a rule curve for high flood risk
                                                  Date: 10/10/2017.                                         Emergency Levels for Rainy and                            years for Rainy Lake, should be adopted.
                                                                                                            Namakan Lakes.                                              An expanded role for the Water Levels
                                                    Economic Injury (EIDL) Loan
                                                                                                                                                                      Committee (WLC) of the International
                                                  Application Deadline Date: 05/08/2018.                    SUMMARY: The International Joint                          Rainy-Lake of the Woods Watershed
                                                  ADDRESSES: Submit completed loan                          Commission (IJC) announced today that Board (IRLWWB): The WLC should be
                                                  applications to: U.S. Small Business                      it is inviting public comment on                          empowered to target specific levels
                                                  Administration, Processing and                            Emergency Levels for Rainy and                            outside of the middle portion of the rule
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                                                  Disbursement Center, 14925 Kingsport                      Namakan Lakes (also known as Rule                         curve for each lake. New operational
                                                  Road, Fort Worth, TX 76155.                               Curves). Comments will be accepted at                     guidelines are needed for the WLC, and
                                                  FOR FURTHER INFORMATION CONTACT: A.                       public hearings and by mail, email and                    further guidance, in the form of a
                                                  Escobar, Office of Disaster Assistance,                   on-line until September 1, 2017.                          refined directive for the IRLWWB and
                                                  U.S. Small Business Administration,                       Following receipt of the International                    the WLC, is needed.
                                                                                                            Rainy and Namakan Lakes Rule Curves                         Adaptive Management: The
                                                    15 17   CFR 200.30–3(a)(12).                            Study Board’s final report in late June,                  Commission will work with the


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Document Created: 2017-08-15 01:12:27
Document Modified: 2017-08-15 01:12:27
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 38752 

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