82_FR_59274 82 FR 59035 - 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(1)

82 FR 59035 - 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(1)

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 239 (December 14, 2017)

Page Range59035-59036
FR Document2017-26910

Federal Register, Volume 82 Issue 239 (Thursday, December 14, 2017)
[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)]
[Notices]
[Pages 59035-59036]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26910]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82239; File No. SR-NASDAQ-2017-127]


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(1)

December 8, 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 December 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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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(1), which governs the pricing for Nasdaq 
Participants using the Nasdaq Options Market (``NOM''), Nasdaq's 
facility for executing and routing standardized equity and index 
options.
    The text of the proposed rule change is available on the Exchange's 
website 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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend the Exchange's transaction fees at 
Chapter XV, Section 2(1) to introduce a new NOM Market Maker \3\ Rebate 
to Add Liquidity in Non-Penny Pilot Options. Today, the Exchange 
charges Participants a $0.35 per contract NOM Market Maker Fee for 
Adding Liquidity in Non-Penny Pilot Options.\4\ To incentivize 
Participants to add NOM Market Maker liquidity in Non-Penny Pilot 
Options, the Exchange offers Participants an opportunity to reduce this 
$0.35 per contract fee to $0.00 per contract, provided the Participant 
adds NOM Market Maker liquidity in Non-Penny Pilot Options of 7,500 or 
more ADV contracts per day in a month.\5\
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    \3\ The term ``NOM Market Maker'' or (``M'') is a Participant 
that has registered as a Market Maker on NOM pursuant to Chapter 
VII, Section 2, and must also remain in good standing pursuant to 
Chapter VII, Section 4. In order to receive NOM Market Maker pricing 
in all securities, the Participant must be registered as a NOM 
Market Maker in at least one security. See Chapter XV.
    \4\ See Chapter XV, Section 2(1).
    \5\ Id. at note 5.
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    In order to further incentivize NOM Market Makers to transact in 
Non-Penny Pilot Options on NOM, the Exchange proposes to introduce a 
new NOM Market Maker Rebate to Add Liquidity in Non Penny-Pilot 
Options, provided the Participant adds NOM Market Maker liquidity in 
Non-Penny Pilot Options of 10,000 or more ADV contracts per day in a 
month. The Participant would receive a $0.30 per contract Rebate to Add 
Liquidity in Non-Penny Pilot Options as a NOM Market Maker. 
Participants that qualify for this proposed rebate would not be charged 
the NOM Market Maker Fee for Adding Liquidity in Non-Penny Pilot 
Options by virtue of already having qualified for the discounted fee of 
$0.00 in note 5 (i.e., by meeting the lower NOM Market Maker Non-Penny 
volume threshold of 7,500 or more ADV contracts per day).
    In essence, the Exchange is creating a new volume threshold that is 
higher than the existing threshold with this proposal. As such, there 
will be two NOM Market Maker volume-based tiers for adding liquidity in 
Non-Penny Pilot Options, the lower of which would provide a discounted 
fee of $0.00 from $0.35 for the qualifying Participant, while the 
higher would provide a rebate of $0.30 for the qualifying Participant 
in lieu of the $0.35 fee. Accordingly, the Exchange proposes to amend 
the existing volume requirement for the discounted fee in note 5 to 
state that Participants that add NOM Market Maker liquidity in Non-
Penny Pilot Options of 7,500 to 9,999 ADV contracts per day in a month 
will be assessed a $0.00 per contract Non-Penny Options Fee for Adding 
Liquidity in that month. Participants that add Non-Penny NOM Market 
Maker liquidity of 10,000 or more ADV contracts per day in a month will 
not be charged a Non-Penny Options Fee for Adding Liquidity and will 
instead receive the proposed $0.30 per contract Non-Penny Rebate to Add 
Liquidity. Finally, the Exchange proposes to clarify in note 5 that the 
$0.35 fee for adding liquidity will apply unless Participants meet the 
proposed volume thresholds, as described above.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\6\ in general, and furthers the objectives of Sections 
6(b)(4) and 6(b)(5) of the Act,\7\ 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.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4) and (5).
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    The proposed change to offer Participants that send NOM Market 
Maker order flow the opportunity to receive a $0.30 per contract Non-
Penny Rebate to Add Liquidity, provided the Participant adds NOM Market 
Maker liquidity in Non-Penny Pilot Options of 10,000 or more ADV 
contracts per day in a month, is reasonable because the Exchange seeks 
to further incentivize Participants to add NOM Market Maker liquidity 
in Non-Penny Pilot Options to obtain the rebate. The Exchange believes 
that its proposal will encourage Participants to select NOM as a venue 
and in turn benefit other market participants with the opportunity to 
interact with such liquidity. Other options exchanges also offer 
volume-based rebates to market makers for adding liquidity.\8\
---------------------------------------------------------------------------

    \8\ See MIAX Pearl Fee Schedule, Section 1)a) for the non-penny 
maker rebates offered to MIAX Pearl market makers. See also Nasdaq 
GEMX Schedule of Fees, Section I for the non-penny maker rebates 
offered to GEMX market makers.
---------------------------------------------------------------------------

    The Exchange also believes that the proposed NOM Market Maker Non-

[[Page 59036]]

Penny Rebate to Add Liquidity is equitable and not unfairly 
discriminatory because all NOM Market Makers can qualify for the rebate 
by meeting the volume requirements described above. Furthermore, NOM 
Market Makers, unlike other market participants, add value through 
continuous quoting \9\ and the commitment of capital. In addition, 
encouraging NOM Market Makers to add greater liquidity benefits all 
market participants in the quality of order interaction. As such, the 
Exchange believes it is equitable and not unfairly discriminatory to 
offer only NOM Market Makers the opportunity to earn the proposed 
rebate because of the obligations borne by these market participants, 
as noted herein.
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    \9\ Pursuant to Chapter VII (Market Participants), Section 5 
(Obligations of Market Makers), in registering as a market maker, an 
Options Participant commits himself to various obligations. 
Transactions of a Market Maker in its market making capacity must 
constitute a course of dealings reasonably calculated to contribute 
to the maintenance of a fair and orderly market, and Market Makers 
should not make bids or offers or enter into transactions that are 
inconsistent with such course of dealings. Further, all Market 
Makers are designated as specialists on NOM for all purposes under 
the Act or rules thereunder. See Chapter VII, Section 5.
---------------------------------------------------------------------------

    The Exchange also believes that the proposed change to amend the 
existing NOM Market Maker Non-Penny volume threshold from ``7,500 or 
more ADV contracts'' to ``7,500 to 9,999 ADV contracts'' is reasonable 
because the Exchange is essentially adding a higher volume-based tier 
with this proposal. The Exchange believes that the proposed change 
would clarify how the two NOM Market Maker Non-Penny tiers are 
applied--meeting the volume threshold in the lower tier would qualify 
the Participant for a discounted fee, and meeting the volume threshold 
in the higher tier would qualify the Participant for a rebate in lieu 
of the fee, as described above. In the same vein, the proposed change 
to clarify in note 5 that the $0.35 fee for adding liquidity will apply 
unless Participants meet these volume thresholds is reasonable because 
it will clarify how the fee and rebate program proposed herein will 
apply.
    The Exchange further believes that these clarifying changes to 
amend the existing NOM Market Maker Non-Penny volume threshold and 
describe how the $0.35 fee will apply are equitable and not unfairly 
discriminatory because the changes will apply to all qualifying 
Participants.

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. The proposed rebate and 
corresponding changes to the volume-based thresholds described above 
are all designed to increase competition by encouraging NOM Maker 
Makers to provide greater liquidity and maintain tight markets in Non-
Penny Pilot Options. The Exchange 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. 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.

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).
---------------------------------------------------------------------------

    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-2017-127 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE, 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2017-127. 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 website (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 website 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. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-NASDAQ-2017-127 and should be submitted 
on or before January 4, 2018.

    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. 2017-26910 Filed 12-13-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Notices                                                   59035

                                                should be submitted on or before                           places specified in Item IV below. The                  $0.35 for the qualifying Participant,
                                                December 29, 2017.                                         Exchange has prepared summaries, set                    while the higher would provide a rebate
                                                  By the Commission.                                       forth in sections A, B, and C below, of                 of $0.30 for the qualifying Participant in
                                                Eduardo A. Aleman,                                         the most significant aspects of such                    lieu of the $0.35 fee. Accordingly, the
                                                                                                           statements.                                             Exchange proposes to amend the
                                                Assistant Secretary.
                                                                                                                                                                   existing volume requirement for the
                                                [FR Doc. 2017–26913 Filed 12–13–17; 8:45 am]               A. Self-Regulatory Organization’s
                                                                                                                                                                   discounted fee in note 5 to state that
                                                BILLING CODE 8011–01–P                                     Statement of the Purpose of, and
                                                                                                                                                                   Participants that add NOM Market
                                                                                                           Statutory Basis for, the Proposed Rule
                                                                                                                                                                   Maker liquidity in Non-Penny Pilot
                                                                                                           Change
                                                                                                                                                                   Options of 7,500 to 9,999 ADV contracts
                                                SECURITIES AND EXCHANGE
                                                                                                           1. Purpose                                              per day in a month will be assessed a
                                                COMMISSION
                                                                                                              The Exchange proposes to amend the                   $0.00 per contract Non-Penny Options
                                                [Release No. 34–82239; File No. SR–                        Exchange’s transaction fees at Chapter                  Fee for Adding Liquidity in that month.
                                                NASDAQ–2017–127]                                                                                                   Participants that add Non-Penny NOM
                                                                                                           XV, Section 2(1) to introduce a new
                                                                                                           NOM Market Maker 3 Rebate to Add                        Market Maker liquidity of 10,000 or
                                                Self-Regulatory Organizations; The                                                                                 more ADV contracts per day in a month
                                                Nasdaq Stock Market LLC; Notice of                         Liquidity in Non-Penny Pilot Options.
                                                                                                           Today, the Exchange charges                             will not be charged a Non-Penny
                                                Filing and Immediate Effectiveness of                                                                              Options Fee for Adding Liquidity and
                                                Proposed Rule Change To Amend the                          Participants a $0.35 per contract NOM
                                                                                                           Market Maker Fee for Adding Liquidity                   will instead receive the proposed $0.30
                                                Exchange’s Transaction Fees at                                                                                     per contract Non-Penny Rebate to Add
                                                Chapter XV, Section 2(1)                                   in Non-Penny Pilot Options.4 To
                                                                                                           incentivize Participants to add NOM                     Liquidity. Finally, the Exchange
                                                December 8, 2017.                                          Market Maker liquidity in Non-Penny                     proposes to clarify in note 5 that the
                                                   Pursuant to Section 19(b)(1) of the                     Pilot Options, the Exchange offers                      $0.35 fee for adding liquidity will apply
                                                Securities Exchange Act of 1934                            Participants an opportunity to reduce                   unless Participants meet the proposed
                                                (‘‘Act’’),1 and Rule 19b-4 thereunder,2                    this $0.35 per contract fee to $0.00 per                volume thresholds, as described above.
                                                notice is hereby given that on December                    contract, provided the Participant adds                 2. Statutory Basis
                                                1, 2017, The Nasdaq Stock Market LLC                       NOM Market Maker liquidity in Non-
                                                                                                                                                                      The Exchange believes that its
                                                (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the                Penny Pilot Options of 7,500 or more
                                                                                                                                                                   proposal is consistent with Section 6(b)
                                                Securities and Exchange Commission                         ADV contracts per day in a month.5
                                                                                                              In order to further incentivize NOM                  of the Act,6 in general, and furthers the
                                                (‘‘Commission’’) the proposed rule
                                                change as described in Items I, II, and                    Market Makers to transact in Non-Penny                  objectives of Sections 6(b)(4) and 6(b)(5)
                                                III, below, which Items have been                          Pilot Options on NOM, the Exchange                      of the Act,7 in particular, in that it
                                                prepared by the Exchange. The                              proposes to introduce a new NOM                         provides for the equitable allocation of
                                                Commission is publishing this notice to                    Market Maker Rebate to Add Liquidity                    reasonable dues, fees and other charges
                                                solicit comments on the proposed rule                      in Non Penny-Pilot Options, provided                    among members and issuers and other
                                                change from interested persons.                            the Participant adds NOM Market Maker                   persons using any facility, and is not
                                                                                                                                                                   designed to permit unfair
                                                                                                           liquidity in Non-Penny Pilot Options of
                                                I. Self-Regulatory Organization’s                                                                                  discrimination between customers,
                                                                                                           10,000 or more ADV contracts per day
                                                Statement of the Terms of Substance of                                                                             issuers, brokers, or dealers.
                                                                                                           in a month. The Participant would                          The proposed change to offer
                                                the Proposed Rule Change
                                                                                                           receive a $0.30 per contract Rebate to                  Participants that send NOM Market
                                                   The Exchange proposes to amend the                      Add Liquidity in Non-Penny Pilot
                                                Exchange’s transaction fees at Chapter                                                                             Maker order flow the opportunity to
                                                                                                           Options as a NOM Market Maker.                          receive a $0.30 per contract Non-Penny
                                                XV, Section 2(1), which governs the                        Participants that qualify for this
                                                pricing for Nasdaq Participants using                                                                              Rebate to Add Liquidity, provided the
                                                                                                           proposed rebate would not be charged                    Participant adds NOM Market Maker
                                                the Nasdaq Options Market (‘‘NOM’’),                       the NOM Market Maker Fee for Adding
                                                Nasdaq’s facility for executing and                                                                                liquidity in Non-Penny Pilot Options of
                                                                                                           Liquidity in Non-Penny Pilot Options                    10,000 or more ADV contracts per day
                                                routing standardized equity and index                      by virtue of already having qualified for
                                                options.                                                                                                           in a month, is reasonable because the
                                                                                                           the discounted fee of $0.00 in note 5                   Exchange seeks to further incentivize
                                                   The text of the proposed rule change                    (i.e., by meeting the lower NOM Market
                                                is available on the Exchange’s website at                                                                          Participants to add NOM Market Maker
                                                                                                           Maker Non-Penny volume threshold of                     liquidity in Non-Penny Pilot Options to
                                                http://nasdaq.cchwallstreet.com/, at the                   7,500 or more ADV contracts per day).
                                                principal office of the Exchange, and at                                                                           obtain the rebate. The Exchange believes
                                                                                                              In essence, the Exchange is creating a
                                                the Commission’s Public Reference                                                                                  that its proposal will encourage
                                                                                                           new volume threshold that is higher
                                                Room.                                                                                                              Participants to select NOM as a venue
                                                                                                           than the existing threshold with this
                                                                                                                                                                   and in turn benefit other market
                                                II. Self-Regulatory Organization’s                         proposal. As such, there will be two
                                                                                                                                                                   participants with the opportunity to
                                                Statement of the Purpose of, and                           NOM Market Maker volume-based tiers
                                                                                                                                                                   interact with such liquidity. Other
                                                Statutory Basis for, the Proposed Rule                     for adding liquidity in Non-Penny Pilot
                                                                                                                                                                   options exchanges also offer volume-
                                                Change                                                     Options, the lower of which would
                                                                                                                                                                   based rebates to market makers for
                                                                                                           provide a discounted fee of $0.00 from
                                                   In its filing with the Commission, the                                                                          adding liquidity.8
                                                Exchange included statements                                 3 The term ‘‘NOM Market Maker’’ or (‘‘M’’) is a
                                                                                                                                                                      The Exchange also believes that the
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                                                concerning the purpose of and basis for                    Participant that has registered as a Market Maker on    proposed NOM Market Maker Non-
                                                the proposed rule change and discussed                     NOM pursuant to Chapter VII, Section 2, and must
                                                any comments it received on the                            also remain in good standing pursuant to Chapter          6 15 U.S.C. 78f(b).
                                                                                                           VII, Section 4. In order to receive NOM Market            7 15 U.S.C. 78f(b)(4) and (5).
                                                proposed rule change. The text of these                    Maker pricing in all securities, the Participant must     8 See MIAX Pearl Fee Schedule, Section 1)a) for
                                                statements may be examined at the                          be registered as a NOM Market Maker in at least one     the non-penny maker rebates offered to MIAX Pearl
                                                                                                           security. See Chapter XV.                               market makers. See also Nasdaq GEMX Schedule of
                                                  1 15   U.S.C. 78s(b)(1).                                   4 See Chapter XV, Section 2(1).
                                                                                                                                                                   Fees, Section I for the non-penny maker rebates
                                                  2 17   CFR 240.19b–4.                                      5 Id. at note 5.                                      offered to GEMX market makers.



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                                                59036                     Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Notices

                                                Penny Rebate to Add Liquidity is                        B. Self-Regulatory Organization’s                        Electronic Comments
                                                equitable and not unfairly                              Statement on Burden on Competition
                                                discriminatory because all NOM Market                                                                              • Use the Commission’s internet
                                                                                                           The Exchange does not believe that                    comment form (http://www.sec.gov/
                                                Makers can qualify for the rebate by                    the proposed rule change will impose
                                                meeting the volume requirements                                                                                  rules/sro.shtml); or
                                                                                                        any burden on competition not
                                                described above. Furthermore, NOM                       necessary or appropriate in furtherance                    • Send an email to rule-comments@
                                                Market Makers, unlike other market                      of the purposes of the Act. The                          sec.gov. Please include File Number SR–
                                                participants, add value through                         proposed rebate and corresponding                        NASDAQ–2017–127 on the subject line.
                                                continuous quoting 9 and the                            changes to the volume-based thresholds
                                                                                                                                                                 Paper Comments
                                                commitment of capital. In addition,                     described above are all designed to
                                                encouraging NOM Market Makers to add                    increase competition by encouraging                        • Send paper comments in triplicate
                                                greater liquidity benefits all market                   NOM Maker Makers to provide greater                      to Brent J. Fields, Secretary, Securities
                                                participants in the quality of order                    liquidity and maintain tight markets in                  and Exchange Commission, 100 F Street
                                                interaction. As such, the Exchange                      Non-Penny Pilot Options. The Exchange                    NE, Washington, DC 20549–1090.
                                                believes it is equitable and not unfairly               operates in a highly competitive market
                                                                                                        in which market participants can                         All submissions should refer to File
                                                discriminatory to offer only NOM
                                                                                                        readily favor competing venues if they                   Number SR–NASDAQ–2017–127. This
                                                Market Makers the opportunity to earn
                                                                                                        deem fee levels at a particular venue to                 file number should be included on the
                                                the proposed rebate because of the
                                                                                                        be excessive, or rebate opportunities                    subject line if email is used. To help the
                                                obligations borne by these market                       available at other venues to be more                     Commission process and review your
                                                participants, as noted herein.                          favorable. In such an environment, the                   comments more efficiently, please use
                                                   The Exchange also believes that the                  Exchange must continually adjust its                     only one method. The Commission will
                                                proposed change to amend the existing                   fees to remain competitive. Because                      post all comments on the Commission’s
                                                NOM Market Maker Non-Penny volume                       competitors are free to modify their own                 internet website (http://www.sec.gov/
                                                threshold from ‘‘7,500 or more ADV                      fees in response, and because market                     rules/sro.shtml). Copies of the
                                                contracts’’ to ‘‘7,500 to 9,999 ADV                     participants may readily adjust their                    submission, all subsequent
                                                contracts’’ is reasonable because the                   order routing practices, the Exchange
                                                                                                                                                                 amendments, all written statements
                                                Exchange is essentially adding a higher                 believes that the degree to which fee
                                                                                                        changes in this market may impose any                    with respect to the proposed rule
                                                volume-based tier with this proposal.                                                                            change that are filed with the
                                                The Exchange believes that the                          burden on competition is extremely
                                                                                                        limited.                                                 Commission, and all written
                                                proposed change would clarify how the                                                                            communications relating to the
                                                two NOM Market Maker Non-Penny                          C. Self-Regulatory Organization’s                        proposed rule change between the
                                                tiers are applied—meeting the volume                    Statement on Comments on the                             Commission and any person, other than
                                                threshold in the lower tier would                       Proposed Rule Change Received From                       those that may be withheld from the
                                                qualify the Participant for a discounted                Members, Participants, or Others                         public in accordance with the
                                                fee, and meeting the volume threshold                     No written comments were either                        provisions of 5 U.S.C. 552, will be
                                                in the higher tier would qualify the                    solicited or received.                                   available for website viewing and
                                                Participant for a rebate in lieu of the fee,                                                                     printing in the Commission’s Public
                                                                                                        III. Date of Effectiveness of the
                                                as described above. In the same vein,                                                                            Reference Room, 100 F Street NE,
                                                                                                        Proposed Rule Change and Timing for
                                                the proposed change to clarify in note                                                                           Washington, DC 20549, on official
                                                                                                        Commission Action
                                                5 that the $0.35 fee for adding liquidity                                                                        business days between the hours of
                                                will apply unless Participants meet                        The foregoing rule change has become
                                                                                                        effective pursuant to Section                            10:00 a.m. and 3:00 p.m. Copies of the
                                                these volume thresholds is reasonable                                                                            filing also will be available for
                                                because it will clarify how the fee and                 19(b)(3)(A)(ii) of the Act.10
                                                                                                           At any time within 60 days of the                     inspection and copying at the principal
                                                rebate program proposed herein will                     filing of the proposed rule change, the                  office of the Exchange. All comments
                                                apply.                                                  Commission summarily may                                 received will be posted without change.
                                                   The Exchange further believes that                   temporarily suspend such rule change if                  Persons submitting comments are
                                                these clarifying changes to amend the                   it appears to the Commission that such                   cautioned that we do not redact or edit
                                                existing NOM Market Maker Non-Penny                     action is: (i) Necessary or appropriate in               personal identifying information from
                                                volume threshold and describe how the                   the public interest; (ii) for the protection             comment submissions. You should
                                                $0.35 fee will apply are equitable and                  of investors; or (iii) otherwise in                      submit only information that you wish
                                                not unfairly discriminatory because the                 furtherance of the purposes of the Act.                  to make available publicly. All
                                                changes will apply to all qualifying                    If the Commission takes such action, the                 submissions should refer to File
                                                Participants.                                           Commission shall institute proceedings                   Number SR–NASDAQ–2017–127 and
                                                                                                        to determine whether the proposed rule                   should be submitted on or before
                                                  9 Pursuant to Chapter VII (Market Participants),      should be approved or disapproved.                       January 4, 2018.
                                                Section 5 (Obligations of Market Makers), in
                                                registering as a market maker, an Options
                                                                                                        IV. Solicitation of Comments                               For the Commission, by the Division of
                                                Participant commits himself to various obligations.       Interested persons are invited to                      Trading and Markets, pursuant to delegated
                                                Transactions of a Market Maker in its market                                                                     authority.11
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        submit written data, views, and
                                                making capacity must constitute a course of
                                                dealings reasonably calculated to contribute to the     arguments concerning the foregoing,                      Eduardo A. Aleman,
                                                maintenance of a fair and orderly market, and           including whether the proposed rule                      Assistant Secretary.
                                                Market Makers should not make bids or offers or         change is consistent with the Act.                       [FR Doc. 2017–26910 Filed 12–13–17; 8:45 am]
                                                enter into transactions that are inconsistent with      Comments may be submitted by any of
                                                such course of dealings. Further, all Market Makers                                                              BILLING CODE 8011–01–P
                                                are designated as specialists on NOM for all            the following methods:
                                                purposes under the Act or rules thereunder. See
                                                Chapter VII, Section 5.                                   10 15   U.S.C. 78s(b)(3)(A)(ii).                         11 17   CFR 200.30–3(a)(12).



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Document Created: 2018-10-25 10:51:53
Document Modified: 2018-10-25 10:51:53
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 59035 

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