82_FR_41465 82 FR 41298 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchange's Transaction Fees at Chapter XV, Section 2 Entitled “NASDAQ Options Market-Fees and Rebates”

82 FR 41298 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchange's Transaction Fees at Chapter XV, Section 2 Entitled “NASDAQ Options Market-Fees and Rebates”

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 167 (August 30, 2017)

Page Range41298-41300
FR Document2017-18352

Federal Register, Volume 82 Issue 167 (Wednesday, August 30, 2017)
[Federal Register Volume 82, Number 167 (Wednesday, August 30, 2017)]
[Notices]
[Pages 41298-41300]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18352]



[[Page 41298]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81479; File No. SR-NASDAQ-2017-083]


Self-Regulatory Organizations; The NASDAQ Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Amend the Exchange's Transaction Fees at Chapter XV, Section 2 Entitled 
``NASDAQ Options Market--Fees and Rebates''

August 24, 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 16, 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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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
    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
    NOM proposes to amend the 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. The Exchange believes that the proposed amendment to 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.
Background
    Today, to qualify for MARS, a NOM Participant's routing system 
(hereinafter ``System'') is required to meet certain criteria. 
Specifically the Participant's 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. The NOM 
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, (b) orders that establish a new 
NBBO on NOM's Order Book, but allow any user to manually override NOM 
as the default destination on an order-by-order basis.\3\
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    \3\ Any NOM Participant is permitted to avail itself of this 
arrangement, provided that its order routing functionality 
incorporates the features described herein and the Participant 
satisfies NOM that it appears to be robust and reliable. 
Participants remain solely responsible for implementing and 
operating its System.
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    MARS Payment are made to NOM Participants that have System 
Eligibility and have routed the requisite number of Eligible Contracts 
daily in a month (``Average Daily Volume''), which were executed on 
NOM.\4\ Today, NOM Participants that have System Eligibility and have 
executed the requisite number of Eligible Contracts in a month will be 
paid the following rebates: \5\
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    \4\ For the purpose of qualifying for the MARS Payment, Eligible 
Contracts may include Firm, Non-NOM Market Maker, Broker-Dealer, or 
Joint Back Office or ``JBO'' equity option orders that add liquidity 
and are electronically delivered and executed. Eligible Contracts do 
not include Mini Option orders.
    \5\ The specified MARS Payment are 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 payment [sic] are made with respect to 
orders that are routed to NOM, but not executed. Also, a Participant 
is not be [sic] entitled to receive any other revenue from the 
Exchange for the use of its System specifically with respect to 
orders routed to NOM.

----------------------------------------------------------------------------------------------------------------
                                                                   Average daily
                              Tiers                                   volume       MARS  payment   MARS  payment
                                                                     (``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
5...............................................................          45,000        \*\ 0.17        \*\ 0.60
----------------------------------------------------------------------------------------------------------------

    Specifically, the specified MARS Payment are 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 are made with respect to orders 
that are routed to NOM, but not executed.\6\
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    \6\ A Participant is not entitled to receive any other revenue 
from the Exchange for the use of its System specifically with 
respect to orders routed to NOM.
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Amendment to MARS Payment
    The Exchange proposes to amend the MARS Payment tiers at Chapter 
XV, Section 2(6) by amending current tier 1 to require an ADV of 2,000 
contracts instead of the current ADV of 2,500 contracts. The Exchange 
would continue to pay a $0.07 per contract MARS Payment for Penny 
Options and a $0.15 per contract rebate for Non-

[[Page 41299]]

Penny Options.\7\ All other tiers would remain unchanged. The Exchange 
believes that the proposed change to the MARS Payment will attract 
additional liquidity to NOM.
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    \7\ Today, NOM Participants that qualify for Customer and 
Professional Penny Pilot Options Rebate to Add Liquidity Tier 8 in 
Section 2(1) 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. This would remain unchanged.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\8\ in general, and furthers the objectives of Sections 
6(b)(4) and 6(b)(5) of the Act,\9\ in particular, in that it provides 
for the equitable allocation of reasonable dues, fees and other charges 
among Participants and issuers and other persons using any facility or 
system which the Exchange operates or controls, and is not designed to 
permit unfair discrimination between customers, issuers, brokers, or 
dealers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange's proposal to amend Tier 1 to lower the requisite ADV 
from 2,500 to 2,000 contracts and continue to pay a MARS Payment of 
$0.07 per contract for Penny Pilot Options and $0.15 per contract for 
Non-Penny Pilot Options is reasonable because additional Participants 
would be able to qualify for a Tier 1 rebate, because of the lower 
requirement, provided the Participant has System Eligibility and 
executes the requisite ADV of Eligible Contracts. The Exchange believes 
this amendment may attract higher volumes of electronic equity and ETF 
options volume to NOM, which would in turn benefit all NOM Participants 
by offering greater price discovery, increased transparency, and an 
increased opportunity to trade on the Exchange. Also, the proposal 
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 Tier 1 
may incentivize NOM Participants to participate in MARS to obtain the 
rebate, provided the NOM Participant is eligible for MARS. Further, the 
tier structure will continue to 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 amend Tier 1 to lower the requisite ADV 
from 2,500 to 2,000 contracts and continue to pay a MARS Payment of 
$0.07 per contract for Penny Pilot Options and $0.15 per contract for 
Non-Penny Pilot Options 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 ADV 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 Payment 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.
    The Exchange's proposal to amend Tier 1 to lower the requisite ADV 
from 2,500 to 2,000 contracts and continue to pay a MARS Payment of 
$0.07 per contract for Penny Pilot Options and $0.15 per contract for 
Non-Penny Pilot Options does not impose an undue burden on intra-market 
competition because the Exchange will uniformly pay all NOM 
Participants the MARS Payments specified in the proposed MARS Payment 
tiers for Penny and Non-Penny Pilot Options provided the NOM 
Participant has executed the requisite number of 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.\10\
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    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
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    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-2017-083 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-2017-083. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
    Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for Web site viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE.,

[[Page 41300]]

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-2017-083, and should 
be submitted on or before September 20, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-18352 Filed 8-29-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                  41298                                  Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Notices

                                                  SECURITIES AND EXCHANGE                                                        at http://nasdaq.cchwallstreet.com, at                                      electronic equity and ETF options
                                                  COMMISSION                                                                     the principal office of the Exchange, and                                   volume to the Exchange from non-NOM
                                                                                                                                 at the Commission’s Public Reference                                        Participants as well as NOM
                                                  [Release No. 34–81479; File No. SR–                                            Room.                                                                       Participants.
                                                  NASDAQ–2017–083]
                                                                                                                                 II. Self-Regulatory Organization’s                                          Background
                                                  Self-Regulatory Organizations; The                                             Statement of the Purpose of, and
                                                                                                                                                                                                                Today, to qualify for MARS, a NOM
                                                  NASDAQ Stock Market LLC; Notice of                                             Statutory Basis for, the Proposed Rule
                                                                                                                                                                                                             Participant’s routing system (hereinafter
                                                  Filing and Immediate Effectiveness of                                          Change
                                                                                                                                                                                                             ‘‘System’’) is required to meet certain
                                                  Proposed Rule Change To Amend the                                                 In its filing with the Commission, the                                   criteria. Specifically the Participant’s
                                                  Exchange’s Transaction Fees at                                                 Exchange included statements                                                System is required to: (1) Enable the
                                                  Chapter XV, Section 2 Entitled                                                 concerning the purpose of and basis for                                     electronic routing of orders to all of the
                                                  ‘‘NASDAQ Options Market—Fees and                                               the proposed rule change and discussed                                      U.S. options exchanges, including
                                                  Rebates’’                                                                      any comments it received on the                                             NOM; (2) provide current consolidated
                                                  August 24, 2017.                                                               proposed rule change. The text of these                                     market data from the U.S. options
                                                     Pursuant to Section 19(b)(1) of the                                         statements may be examined at the                                           exchanges; and (3) be capable of
                                                  Securities Exchange Act of 1934                                                places specified in Item IV below. The                                      interfacing with NOM’s API to access
                                                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2                                        Exchange has prepared summaries, set                                        current NOM match engine
                                                  notice is hereby given that on August                                          forth in sections A, B, and C below, of                                     functionality. The NOM Participant’s
                                                  16, 2017, The NASDAQ Stock Market                                              the most significant aspects of such                                        System would also need to cause NOM
                                                  LLC (‘‘Nasdaq’’ or ‘‘Exchange’’) filed                                         statements.                                                                 to be one of the top three default
                                                  with the Securities and Exchange                                               A. Self-Regulatory Organization’s                                           destination exchanges for (a)
                                                  Commission (‘‘Commission’’) the                                                Statement of the Purpose of, and the                                        individually executed marketable orders
                                                  proposed rule change as described in                                           Statutory Basis for, the Proposed Rule                                      if NOM is at the national best bid or
                                                  Items I, II, and III, below, which Items                                       Change                                                                      offer (‘‘NBBO’’), regardless of size or
                                                  have been prepared by the Exchange.                                                                                                                        time, (b) orders that establish a new
                                                  The Commission is publishing this                                              1. Purpose                                                                  NBBO on NOM’s Order Book, but allow
                                                  notice to solicit comments on the                                                 NOM proposes to amend the MARS                                           any user to manually override NOM as
                                                  proposed rule change from interested                                           subsidy program which pays a subsidy                                        the default destination on an order-by-
                                                  persons.                                                                       to NOM Participants that provide                                            order basis.3
                                                                                                                                 certain order routing functionalities to                                       MARS Payment are made to NOM
                                                  I. Self-Regulatory Organization’s                                              other NOM Participants and/or use such                                      Participants that have System Eligibility
                                                  Statement of the Terms of Substance of                                         functionalities themselves. Generally,                                      and have routed the requisite number of
                                                  the Proposed Rule Change                                                       under MARS, the Exchange pays                                               Eligible Contracts daily in a month
                                                     The Exchange proposes to amend the                                          participating NOM Participants to                                           (‘‘Average Daily Volume’’), which were
                                                  Exchange’s transaction fees at Chapter                                         subsidize their costs of providing                                          executed on NOM.4 Today, NOM
                                                  XV, Section 2 entitled ‘‘NASDAQ                                                routing services to route orders to NOM.                                    Participants that have System Eligibility
                                                  Options Market—Fees and Rebates                                                The Exchange believes that the                                              and have executed the requisite number
                                                     The text of the proposed rule change                                        proposed amendment to MARS will                                             of Eligible Contracts in a month will be
                                                  is available on the Exchange’s Web site                                        continue to attract higher volumes of                                       paid the following rebates: 5

                                                                                                                                                                                                              Average             MARS                MARS
                                                                                                                         Tiers                                                                              daily volume         payment             payment
                                                                                                                                                                                                              (‘‘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

                                                  5   ...................................................................................................................................................          45,000                * 0.17              * 0.60




                                                    Specifically, the specified MARS                                             respect to orders that are routed to                                        to require an ADV of 2,000 contracts
                                                  Payment are paid on all executed                                               NOM, but not executed.6                                                     instead of the current ADV of 2,500
                                                  Eligible Contracts that add liquidity,                                                                                                                     contracts. The Exchange would
                                                                                                                                 Amendment to MARS Payment
                                                  which are routed to NOM through a                                                                                                                          continue to pay a $0.07 per contract
                                                  participating NOM Participant’s System                                           The Exchange proposes to amend the                                        MARS Payment for Penny Options and
                                                  and meet the requisite Eligible Contracts                                      MARS Payment tiers at Chapter XV,                                           a $0.15 per contract rebate for Non-
                                                  ADV. No payments are made with                                                 Section 2(6) by amending current tier 1
                                                      1 15
                                                         U.S.C. 78s(b)(1).                                                       NOM Market Maker, Broker-Dealer, or Joint Back                              not executed. Also, a Participant is not be [sic]
                                                      2 17
                                                         CFR 240.19b–4.                                                          Office or ‘‘JBO’’ equity option orders that add                             entitled to receive any other revenue from the
mstockstill on DSK30JT082PROD with NOTICES




                                                    3 Any NOM Participant is permitted to avail itself                           liquidity and are electronically delivered and                              Exchange for the use of its System specifically with
                                                  of this arrangement, provided that its order routing                           executed. Eligible Contracts do not include Mini                            respect to orders routed to NOM.
                                                  functionality incorporates the features described                              Option orders.                                                                6 A Participant is not entitled to receive any other
                                                  herein and the Participant satisfies NOM that it                                  5 The specified MARS Payment are paid on all
                                                                                                                                                                                                             revenue from the Exchange for the use of its System
                                                  appears to be robust and reliable. Participants                                executed Eligible Contracts that add liquidity,
                                                  remain solely responsible for implementing and                                                                                                             specifically with respect to orders routed to NOM.
                                                                                                                                 which are routed to NOM through a participating
                                                                                                                                                                                                               7 Today, NOM Participants that qualify for
                                                  operating its System.                                                          NOM Participant’s System and meet the requisite
                                                    4 For the purpose of qualifying for the MARS                                 Eligible Contracts ADV. No payment [sic] are made                           Customer and Professional Penny Pilot Options
                                                  Payment, Eligible Contracts may include Firm, Non-                             with respect to orders that are routed to NOM, but



                                             VerDate Sep<11>2014           17:40 Aug 29, 2017          Jkt 241001        PO 00000        Frm 00092        Fmt 4703        Sfmt 4703       E:\FR\FM\30AUN1.SGM        30AUN1


                                                                             Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Notices                                              41299

                                                  Penny Options.7 All other tiers would                   mechanism offered by the Exchange’s                   III. Date of Effectiveness of the
                                                  remain unchanged. The Exchange                          competitors instead of incurring the cost             Proposed Rule Change and Timing for
                                                  believes that the proposed change to the                in time and money to develop their own                Commission Action
                                                  MARS Payment will attract additional                    internal systems to be able to deliver                   The foregoing rule change has become
                                                  liquidity to NOM.                                       orders directly to the Exchange’s                     effective pursuant to Section
                                                  2. Statutory Basis                                      System.                                               19(b)(3)(A)(ii) of the Act.10
                                                     The Exchange believes that its                         The Exchange’s proposal to amend                       At any time within 60 days of the
                                                  proposal is consistent with Section 6(b)                Tier 1 to lower the requisite ADV from                filing of the proposed rule change, the
                                                  of the Act,8 in general, and furthers the               2,500 to 2,000 contracts and continue to              Commission summarily may
                                                  objectives of Sections 6(b)(4) and 6(b)(5)              pay a MARS Payment of $0.07 per                       temporarily suspend such rule change if
                                                  of the Act,9 in particular, in that it                  contract for Penny Pilot Options and                  it appears to the Commission that such
                                                  provides for the equitable allocation of                $0.15 per contract for Non-Penny Pilot                action is: (i) Necessary or appropriate in
                                                  reasonable dues, fees and other charges                 Options is equitable and not unfairly                 the public interest; (ii) for the protection
                                                  among Participants and issuers and                      discriminatory because the Exchange                   of investors; or (iii) otherwise in
                                                  other persons using any facility or                     will uniformly pay all NOM Participants               furtherance of the purposes of the Act.
                                                  system which the Exchange operates or                   the rebates specified in the proposed                 If the Commission takes such action, the
                                                  controls, and is not designed to permit                 MARS Payment tiers provided the NOM                   Commission shall institute proceedings
                                                  unfair discrimination between                           Participant has executed the requisite                to determine whether the proposed rule
                                                  customers, issuers, brokers, or dealers.                ADV of Eligible Contracts. Moreover,                  should be approved or disapproved.
                                                     The Exchange’s proposal to amend                     the Exchange believes that the proposed               IV. Solicitation of Comments
                                                  Tier 1 to lower the requisite ADV from                  MARS Payments offered by the
                                                  2,500 to 2,000 contracts and continue to                Exchange are equitable and not unfairly                 Interested persons are invited to
                                                  pay a MARS Payment of $0.07 per                         discriminatory because any qualifying                 submit written data, views, and
                                                  contract for Penny Pilot Options and                    NOM Participant that offers market                    arguments concerning the foregoing,
                                                  $0.15 per contract for Non-Penny Pilot                  access and connectivity to the Exchange               including whether the proposed rule
                                                  Options is reasonable because                           and/or utilize such functionality                     change is consistent with the Act.
                                                  additional Participants would be able to                                                                      Comments may be submitted by any of
                                                                                                          themselves may earn the MARS
                                                  qualify for a Tier 1 rebate, because of the                                                                   the following methods:
                                                                                                          Payment for all Eligible Contracts.
                                                  lower requirement, provided the                                                                               Electronic Comments
                                                  Participant has System Eligibility and                  B. Self-Regulatory Organization’s
                                                  executes the requisite ADV of Eligible                  Statement on Burden on Competition                      • Use the Commission’s Internet
                                                  Contracts. The Exchange believes this                                                                         comment form (http://www.sec.gov/
                                                                                                            The Exchange does not believe that                  rules/sro.shtml); or
                                                  amendment may attract higher volumes
                                                  of electronic equity and ETF options
                                                                                                          the proposed rule change will impose                    • Send an email to rule-comments@
                                                                                                          any burden on competition not                         sec.gov. Please include File Number SR–
                                                  volume to NOM, which would in turn
                                                  benefit all NOM Participants by offering                necessary or appropriate in furtherance               NASDAQ–2017–083 on the subject line.
                                                  greater price discovery, increased                      of the purposes of the Act. In terms of
                                                                                                          inter-market competition, the Exchange                Paper Comments
                                                  transparency, and an increased
                                                  opportunity to trade on the Exchange.                   notes that it operates in a highly                       • Send paper comments in triplicate
                                                  Also, the proposal should enhance the                   competitive market in which market                    to Secretary, Securities and Exchange
                                                  competitiveness of the Exchange,                        participants can readily favor competing              Commission, 100 F Street NE.,
                                                  particularly with respect to those                      venues if they deem fee levels at a                   Washington, DC 20549–1090.
                                                  exchanges that offer their own front-end                particular venue to be excessive, or                  All submissions should refer to File
                                                  order entry system or one they subsidize                rebate opportunities available at other               Number SR–NASDAQ–2017–083. This
                                                  in some manner. The amendment to                        venues to be more favorable.                          file number should be included on the
                                                  Tier 1 may incentivize NOM                                The Exchange’s proposal to amend                    subject line if email is used. To help the
                                                  Participants to participate in MARS to                  Tier 1 to lower the requisite ADV from                Commission process and review your
                                                  obtain the rebate, provided the NOM                     2,500 to 2,000 contracts and continue to              comments more efficiently, please use
                                                  Participant is eligible for MARS.                       pay a MARS Payment of $0.07 per                       only one method. The Commission will
                                                  Further, the tier structure will continue               contract for Penny Pilot Options and                  post all comments on the Commission’s
                                                  to allow NOM Participants to price their                $0.15 per contract for Non-Penny Pilot                Internet Web site (http://www.sec.gov/
                                                  services at a level that will enable them               Options does not impose an undue                      rules/sro.shtml).
                                                  to attract order flow from market                       burden on intra-market competition                       Copies of the submission, all
                                                  participants who would otherwise                        because the Exchange will uniformly                   subsequent amendments, all written
                                                  utilize an existing front-end order entry               pay all NOM Participants the MARS                     statements with respect to the proposed
                                                                                                          Payments specified in the proposed                    rule change that are filed with the
                                                  Rebate to Add Liquidity Tier 8 in Section 2(1)          MARS Payment tiers for Penny and                      Commission, and all written
                                                  receive $0.09 per contract in addition to any MARS      Non-Penny Pilot Options provided the                  communications relating to the
                                                  Payment tier on MARS Eligible Contracts the NOM                                                               proposed rule change between the
                                                  Participant qualifies for in a given month. This        NOM Participant has executed the
                                                  would remain unchanged.                                 requisite number of Eligible Contracts.               Commission and any person, other than
                                                                                                                                                                those that may be withheld from the
mstockstill on DSK30JT082PROD with NOTICES




                                                    8 15 U.S.C. 78f(b).
                                                    9 15 U.S.C. 78f(b)(4) and (5).                        C. Self-Regulatory Organization’s                     public in accordance with the
                                                    10 15 U.S.C. 78s(b)(3)(A)(ii).                        Statement on Comments on the                          provisions of 5 U.S.C. 552, will be
                                                    11 17 CFR 200.30–3(a)(12).                            Proposed Rule Change Received From                    available for Web site viewing and
                                                    1 15 U.S.C. 78s(b)(1).
                                                                                                          Members, Participants, or Others                      printing in the Commission’s Public
                                                    2 17 CFR 240.19b–4.
                                                                                                                                                                Reference Room, 100 F Street NE.,
                                                                                                            No written comments were either
                                                                                                          solicited or received.                                  10 15   U.S.C. 78s(b)(3)(A)(ii).



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                                                  41300                      Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Notices

                                                  Washington, DC 20549, on official                       reasons for so finding or as to which the                SUPPLEMENTARY INFORMATION:     Notice is
                                                  business days between the hours of                      self-regulatory organization consents,                   hereby given that as a result of the
                                                  10:00 a.m. and 3:00 p.m. Copies of the                  the Commission shall either approve the                  Administrator’s disaster declaration,
                                                  filing also will be available for                       proposed rule change, disapprove the                     applications for disaster loans may be
                                                  inspection and copying at the principal                 proposed rule change, or institute                       filed at the address listed above or other
                                                  office of the Exchange. All comments                    proceedings to determine whether the                     locally announced locations.
                                                  received will be posted without change;                 proposed rule change should be                              Incident: Tornadoes, Severe Storms,
                                                  the Commission does not edit personal                   disapproved. The 45th day for this filing                Straight-line Winds and Flooding.
                                                  identifying information from                            is August 27, 2017.                                         Incident Period: 08/05/2017 through
                                                  submissions. You should submit only                        The Commission is extending the 45-                   08/14/2017.
                                                  information that you wish to make                       day time period for Commission action                       The following areas have been
                                                  available publicly. All submissions                     on the proposed rule change. The                         determined to be adversely affected by
                                                  should refer to File Number SR–                         Commission finds that it is appropriate                  the disaster:
                                                  NASDAQ–2017–083, and should be                          to designate a longer period within                      Primary Counties: Tulsa
                                                  submitted on or before September 20,                    which to take action on the proposed                     Contiguous Counties:
                                                  2017.                                                   rule change so that it has sufficient time                  Oklahoma: Creek, Okmulgee, Osage,
                                                    For the Commission, by the Division of                to consider the proposed rule change.                         Pawnee, Rogers, Wagoner,
                                                  Trading and Markets, pursuant to delegated                 Accordingly, pursuant to Section                           Washington.
                                                  authority.11                                            19(b)(2) of the Act 5 and for the reasons
                                                                                                                                                                      The Interest Rates are:
                                                  Eduardo A. Aleman,                                      stated above, the Commission
                                                  Assistant Secretary.                                    designates October 11, 2017, as the date                                                                   Percent
                                                  [FR Doc. 2017–18352 Filed 8–29–17; 8:45 am]
                                                                                                          by which the Commission should either
                                                                                                          approve or disapprove, or institute                      For Physical Damage:
                                                  BILLING CODE 8011–01–P
                                                                                                          proceedings to determine whether to                        Homeowners With Credit Avail-
                                                                                                          disapprove, the proposed rule change                         able Elsewhere ......................            3.500
                                                                                                          (File No. SR–NYSE–2017–31).                                Homeowners Without Credit
                                                  SECURITIES AND EXCHANGE                                                                                              Available Elsewhere ..............              1.750
                                                  COMMISSION                                                For the Commission, by the Division of                   Businesses With Credit Avail-
                                                                                                          Trading and Markets, pursuant to delegated                   able Elsewhere ......................           6.610
                                                  [Release No. 34–81478; File No. SR–NYSE–                authority.6
                                                  2017–31]                                                                                                           Businesses       Without           Credit
                                                                                                          Eduardo A. Aleman,                                           Available Elsewhere ..............              3.305
                                                  Self-Regulatory Organizations; New                      Assistant Secretary.                                       Non-Profit Organizations With
                                                  York Stock Exchange LLC; Notice of                      [FR Doc. 2017–18351 Filed 8–29–17; 8:45 am]                  Credit Available Elsewhere ...                  2.500
                                                  Designation of Longer Period for                                                                                   Non-Profit Organizations With-
                                                                                                          BILLING CODE 8011–01–P
                                                                                                                                                                       out Credit Available Else-
                                                  Commission Action on Proposed Rule                                                                                   where .....................................     2.500
                                                  Change To Amend the Listed Company                                                                               For Economic Injury:
                                                  Manual To Adopt Initial and Continued                   SMALL BUSINESS ADMINISTRATION                              Businesses & Small Agricultural
                                                  Listing Standards for Subscription                                                                                   Cooperatives Without Credit
                                                  Receipts                                                [Disaster Declaration #15259 and #15260;                     Available Elsewhere ..............              3.305
                                                                                                          Oklahoma Disaster Number OK–00117]                         Non-Profit Organizations With-
                                                  August 24, 2017.                                                                                                     out Credit Available Else-
                                                     On June 26, 2017, New York Stock                     Administrative Declaration of a                              where .....................................     2.500
                                                  Exchange LLC (‘‘NYSE’’ or the                           Disaster for the State of Oklahoma
                                                  ‘‘Exchange’’) filed with the Securities                 AGENCY: U.S. Small Business                                The number assigned to this disaster
                                                  and Exchange Commission                                 Administration.                                          for physical damage is 15259 C and for
                                                  (‘‘Commission’’), pursuant to Section                   ACTION: Notice.                                          economic injury is 15260 0.
                                                  19(b)(1) of the Securities Exchange Act                                                                            The State which received an EIDL
                                                  of 1934 (‘‘Act’’) 1 and Rule 19b–4                      SUMMARY:   This is a notice of an                        Declaration # is Oklahoma.
                                                  thereunder,2 a proposed rule change to                  Administrative declaration of a disaster                 (Catalog of Federal Domestic Assistance
                                                  amend the Listed Company Manual to                      for the State of Oklahoma dated August                   Number 59008)
                                                  adopt initial and continued listing                     22, 2017.
                                                  standards for Subscription Receipts. The                DATES: Issued on 08/22/2017.                               Dated: August 22, 2017.
                                                  proposed rule change was published for                    Physical Loan Application Deadline                     Linda E. McMahon,
                                                  comment in the Federal Register on July                 Date: 10/23/2017.                                        Administrator.
                                                  13, 2017.3 The Commission received no                     Economic Injury (EIDL) Loan                            [FR Doc. 2017–18373 Filed 8–29–17; 8:45 am]
                                                  comments regarding the proposal.                        Application Deadline Date: 05/22/2018.                   BILLING CODE 8025–01–P
                                                     Section 19(b)(2) of the Act 4 provides               ADDRESSES: Submit completed loan
                                                  that within 45 days of the publication of               applications to: U.S. Small Business
                                                  notice of the filing of a proposed rule                 Administration, Processing and                           SMALL BUSINESS ADMINISTRATION
                                                  change, or within such longer period up                 Disbursement Center, 14925 Kingsport
                                                  to 90 days as the Commission may                        Road, Fort Worth, TX 76155.                              Disaster Declaration #15249 and
                                                  designate if it finds such longer period                                                                         #15250; WISCONSIN Disaster Number
                                                                                                          FOR FURTHER INFORMATION CONTACT: A.
mstockstill on DSK30JT082PROD with NOTICES




                                                  to be appropriate and publishes its                                                                              WI–00060 Administrative Declaration
                                                                                                          Escobar, Office of Disaster Assistance,
                                                                                                                                                                   of a Disaster for the State of
                                                                                                          U.S. Small Business Administration,
                                                    11 17  CFR 200.30–3(a)(12).                                                                                    WISCONSIN
                                                    1 15  U.S.C. 78s(b)(1).                               409 3rd Street SW., Suite 6050,
                                                     2 17 CFR 240.19b–4.                                  Washington, DC 20416, (202) 205–6734.                    AGENCY: U.S. Small Business
                                                     3 See Securities Exchange Act Release No. 81102                                                               Administration.
                                                  (July 7, 2017), 82 FR 32413.                              5 15   U.S.C. 78s(b)(2).                               ACTION: Notice.
                                                     4 15 U.S.C. 78s(b)(2).                                 6 17   CFR 200.30–3(a)(31).



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Document Created: 2017-08-30 04:08:53
Document Modified: 2017-08-30 04:08:53
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 41298 

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