82 FR 59933 - Self-Regulatory Organizations; Investors Exchange LLC; Notice of Filing of Amendment No. 2 to the Proposed Rule Change To Amend the Schedule of Fees and Assessments To Adopt a Fee Schedule To Establish Fees for Industry Members Related to the National Market System Plan Governing the Consolidated Audit Trail
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 240 (December 15, 2017)
Federal Register Volume 82, Issue 240 (December 15, 2017)
| Page Range | 59933-59936 | |
| FR Document | 2017-27019 |
[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)] [Notices] [Pages 59933-59936] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27019] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82259; File No. SR-IEX-2017-16] Self-Regulatory Organizations; Investors Exchange LLC; Notice of Filing of Amendment No. 2 to the Proposed Rule Change To Amend the Schedule of Fees and Assessments To Adopt a Fee Schedule To Establish Fees for Industry Members Related to the National Market System Plan Governing the Consolidated Audit Trail December 11, 2017. On May 9, 2017, Investors Exchange LLC (``IEX'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission''), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to adopt a fee schedule to establish the fees for Industry Members related to the National Market System Plan Governing the Consolidated Audit Trail (``CAT NMS Plan''). The proposed rule change was published in the Federal Register for comment on May 22, 2017.\3\ The Commission received seven comment letters on the proposed [[Page 59934]] rule change,\4\ and a response to comments from the CAT NMS Plan Participants.\5\ On June 30, 2017, the Commission temporarily suspended and initiated proceedings to determine whether to approve or disapprove the proposed rule change.\6\ The Commission thereafter received seven comment letters,\7\ and a response to comments from the Participants.\8\ On October 31, 2017, the Exchange filed Amendment No. 1 to the proposed rule change.\9\ On November 9, 2017, the Commission extended the time period within which to approve the proposed rule change or disapprove the proposed rule change to January 14, 2018.\10\ On December 4, 2017, the Exchange filed Amendment No. 2 to the proposed rule change, as described in Items I and II below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments from interested persons on Amendment No. 2. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. \3\ See Securities Exchange Act Release No. 80692 (May 16, 2017), 82 FR 23325 (May 22, 2017) (``Original Proposal''). \4\ Since the CAT NMS Plan Participants' proposed rule changes to adopt fees to be charged to Industry Members to fund the consolidated audit trail are substantively identical, the Commission is considering all comments received on the proposed rule changes regardless of the comment file to which they were submitted. See text accompanying note infra, for a list of the CAT NMS Plan Participants. See Letter from Theodore R. Lazo, Managing Director and Associate General Counsel, Securities Industry and Financial Markets Association, to Brent J. Fields, Secretary, Commission (dated June 6, 2017), available at: https://www.sec.gov/comments/sr-batsbzx-2017-38/batsbzx201738-1788188-153228.pdf; Letter from Patricia L. Cerny and Steven O'Malley, Compliance Consultants, to Brent J. Fields, Secretary, Commission (dated June 12, 2017), available at: https://www.sec.gov/comments/sr-cboe-2017-040/cboe2017040-1799253-153675.pdf; Letter from Daniel Zinn, General Counsel, OTC Markets Group Inc., to Eduardo A. Aleman, Assistant Secretary, Commission (dated June 13, 2017), available at: https://www.sec.gov/comments/sr-finra-2017-011/finra2017011-1801717-153703.pdf; Letter from Joanna Mallers, Secretary, FIA Principal Traders Group, to Brent J. Fields, Secretary, Commission (dated June 22, 2017), available at: https://www.sec.gov/comments/sr-cboe-2017-040/cboe2017040-1819670-154195.pdf; Letter from Stuart J. Kaswell, Executive Vice President and Managing Director, General Counsel, Managed Funds Association, to Brent J. Fields, Secretary, Commission (dated June 23, 2017), available at: https://www.sec.gov/comments/sr-finra-2017-011/finra2017011-1822454-154283.pdf; and Letter from Suzanne H. Shatto, Investor, to Commission (dated June 27, 2017), available at: https://www.sec.gov/comments/sr-batsedgx-2017-22/batsedgx201722-154443.pdf. The Commission also received a comment letter which is not pertinent to these proposed rule changes. See Letter from Christina Crouch, Smart Ltd., to Brent J. Fields, Secretary, Commission (dated June 5, 2017), available at: https://www.sec.gov/comments/sr-batsbzx-2017-38/batsbzx201738-1785545-153152.htm. \5\ See Letter from CAT NMS Plan Participants to Brent J. Fields, Secretary, Commission (dated June 29, 2017), available at: https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-1832632-154584.pdf. \6\ See Securities Exchange Act Release No. 81067 (June 30, 2017), 82 FR 31656 (July 7, 2017). \7\ See Letter from W. Hardy Callcott, Partner, Sidley Austin LLP, to Brent J. Fields, Secretary, Commission (dated July 27, 2017), available at: https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-2148338-157737.pdf; Letter from Kevin Coleman, General Counsel and Chief Compliance Officer, Belvedere Trading LLC, to Brent J. Fields, Secretary, Commission (dated July 28, 2017), available at: https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-2148360-157740.pdf; Letter from Joanna Mallers, Secretary, FIA Principal Traders Group, to Brent J. Fields, Secretary, Commission (dated July 28, 2017), available at: https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-2151228-157745.pdf; Letter from Theodore R. Lazo, Managing Director and Associate General Counsel, SIFMA, to Brent J. Fields, Secretary, Commission (dated July 28, 2017), available at: https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-2150977-157744.pdf; Letter from Stuart J. Kaswell, Executive Vice President and Managing Director, General Counsel, Managed Funds Association, to Brent J. Fields, Secretary, Commission (dated July 28, 2017), available at: https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-2150818-157743.pdf; Letter from John Kinahan, Chief Executive Officer, Group One Trading, L.P., to Brent J. Fields, Secretary, Commission (dated August 10, 2017), available at: https:// www.sec.gov/comments/sr-finra-2017-011/finra2017011-2214568-160619.pdf; Letter from Joseph Molluso, Executive Vice President and CFO, Virtu Financial, to Brent J. Fields, Commission (dated August 18, 2017), available at: https://www.sec.gov/comments/sr-finra-2017-011/finra2017011-2238648-160830.pdf. \8\ See Letter from Michael Simon, Chair, CAT NMS Plan Operating Committee, to Brent J. Fields, Commission, Secretary (dated November 2, 2017), available at https://www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx201711-2674608-161412.pdf. \9\ Amendment No. 1 to the proposed rule change replaced and superseded the Original Proposal in its entirety. See Securities Exchange Act Release No. 82258 (December 11, 2017). \10\ See Securities Exchange Act Release No. 82049 (November 9, 2017), 82 FR 53549 (November 16, 2017). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change On May 9, 2017, Investors Exchange LLC (``IEX'' or the ``Exchange'') filed with the Securities and Exchange Commission (``Commission'' or ``SEC'') proposed rule change SR-IEX-2017-16 (the ``Original Proposal''), pursuant to which IEX proposed to adopt a fee schedule to establish the fees for Industry Members related to the National Market System Plan Governing the Consolidated Audit Trail (the ``CAT NMS Plan'' or ``Plan'').\11\ On October 31, 2017, IEX filed an amendment to the Original Proposal (``First Amendment'') to amend the Original Proposal. IEX files this proposed rule change (the ``Second Amendment'') to amend the Original Proposal as amended by the First Amendment. --------------------------------------------------------------------------- \11\ Unless otherwise specified, capitalized terms used in this fee filing are defined as set forth herein, the CAT Compliance Rule Series, in the CAT NMS Plan, or the Original Proposal. --------------------------------------------------------------------------- The text of the proposed rule change is available at the Exchange's website at www.iextrading.com, at the principal office of the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statement may be examined at the places specified in Item IV below. The self-regulatory organization has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose BOX Options Exchange LLC, Cboe BYX Exchange, Inc., Cboe BZX Exchange, Inc., Cboe EDGA Exchange, Inc., Cboe EDGX Exchange, Inc., Cboe C2 Exchange, Inc., Cboe Exchange, Inc., Chicago Stock Exchange, Inc., Financial Industry Regulatory Authority, Inc. (``FINRA''), Investors' Exchange LLC, Miami International Securities Exchange, LLC, MIAX PEARL, LLC, NASDAQ BX, Inc., Nasdaq GEMX, LLC, Nasdaq ISE, LLC, Nasdaq MRX, LLC, NASDAQ PHLX LLC, The NASDAQ Stock Market LLC, New York Stock Exchange LLC, NYSE American LLC, NYSE Arca, Inc. and NYSE National, Inc.\12\ (collectively, the ``Participants'') filed with the Commission, pursuant to Section 11A of the Exchange Act \13\ and Rule 608 of Regulation NMS thereunder,\14\ the CAT NMS Plan.\15\ The Participants filed the Plan to comply with Rule 613 of Regulation NMS under the Exchange Act. The Plan was [[Page 59935]] published for comment in the Federal Register on May 17, 2016,\16\ and approved by the Commission, as modified, on November 15, 2016.\17\ The Plan is designed to create, implement and maintain a consolidated audit trail (``CAT'') that would capture customer and order event information for orders in NMS Securities and OTC Equity Securities, across all markets, from the time of order inception through routing, cancellation, modification, or execution in a single consolidated data source. The Plan accomplishes this by creating CAT NMS, LLC (the ``Company''), of which each Participant is a member, to operate the CAT.\18\ Under the CAT NMS Plan, the Operating Committee of the Company (``Operating Committee'') has discretion to establish funding for the Company to operate the CAT, including establishing fees that the Participants will pay, and establishing fees for Industry Members that will be implemented by the Participants (``CAT Fees'').\19\ The Participants are required to file with the SEC under Section 19(b) of the Exchange Act any such CAT Fees applicable to Industry Members that the Operating Committee approves.\20\ Accordingly, IEX submitted the Original Proposal to propose the Consolidated Audit Trail Funding Fees, which would require Industry Members that are Exchange members to pay the CAT Fees determined by the Operating Committee. --------------------------------------------------------------------------- \12\ Note that Bats BYX Exchange, Inc., Bats BZX Exchange, Inc., Bats EDGA Exchange, Inc., Bats EDGX Exchange, Inc., LLC, C2 Options Exchange, Incorporated, and Chicago Board Options Exchange, Incorporated, have been renamed Cboe BYX Exchange, Inc., Cboe BZX Exchange, Inc., Cboe EDGA Exchange, Inc., Cboe EDGX Exchange, Inc., Cboe C2 Exchange, Inc., Cboe Exchange, Inc., respectively. \13\ 15 U.S.C. 78k-1. \14\ 17 CFR 242.608. \15\ See Letter from the Participants to Brent J. Fields, Secretary, Commission, dated September 30, 2014; and Letter from Participants to Brent J. Fields, Secretary, Commission, dated February 27, 2015. On December 24, 2015, the Participants submitted an amendment to the CAT NMS Plan. See Letter from Participants to Brent J. Fields, Secretary, Commission, dated December 23, 2015. \16\ Securities Exchange Act Rel. No. 77724 (Apr. 27, 2016), 81 FR 30614 (May 17, 2016). \17\ Securities Exchange Act Rel. No. 79318 (Nov. 15, 2016), 81 FR 84696 (Nov. 23, 2016) (``Approval Order''). \18\ The Plan also serves as the limited liability company agreement for the Company. \19\ Section 11.1(b) of the CAT NMS Plan. \20\ Id. --------------------------------------------------------------------------- The Commission published the Original Proposal for public comment in the Federal Register on May 16, 2017,\21\ and received comments in response to the Original Proposal or similar fee filings by other Participants.\22\ On June 30, 2017, the Commission suspended, and instituted proceedings to determine whether to approve or disapprove, the Original Proposal.\23\ The Commission received seven comment letters in response to those proceedings.\24\ --------------------------------------------------------------------------- \21\ Securities Exchange Act Release No. 80692 (May 16, 2017), 82 FR 23325 (May 22, 2017) (SR-IEX-2017-16). \22\ For a summary of comments, see generally Securities Exchange Act Rel. No. 81067 (June 30, 2017), 82 FR 31656 (July 7, 2017) (``Suspension Order''). \23\ Suspension Order. \24\ See Letter from Stuart J. Kaswell, Executive Vice President, Managing Director and General Counsel, Managed Funds Association, to Brent J. Fields, Secretary, SEC (July 28, 2017); Letter from Theodore R. Lazo, Managing Director and Associate General Counsel, SIFMA, to Brent J. Fields, Secretary, SEC (July 28, 2017); Joanna Mallers, Secretary, FIA Principal Traders Group, to Brent J. Fields, Secretary, SEC (July 28, 2017); Letter from Kevin Coleman, General Counsel & Chief Compliance Officer, Belvedere Trading LLC, to Brent J. Fields, Secretary, SEC (July 28, 2017); Letter from W. Hardy Callcott, Sidley Austin LLP, to Brent J. Fields, Secretary, SEC (July 27, 2017); Letter from John Kinahan, Chief Executive Officer, Group One Trading, L.P., to Brent J. Fields, Secretary, SEC (Aug. 10, 2017); and Letter from Joseph Molluso, Executive Vice President, Virtu Financial, to Brent J. Fields, Secretary, SEC (Aug. 18, 2017). --------------------------------------------------------------------------- In response to the comments on the Original Proposal, the Operating Committee determined to make the following changes to the funding model: (1) Adds two additional CAT Fee tiers for Equity Execution Venues; (2) discounts the market share of Execution Venue ATSs exclusively trading OTC Equity Securities as well as the market share of the FINRA over-the-counter reporting facility (``ORF'') by the average shares per trade ratio between NMS Stocks and OTC Equity Securities (calculated as 0.17% based on available data from the second quarter of 2017) when calculating the market share of Execution Venue ATS exclusively trading OTC Equity Securities and FINRA; (3) discounts the Options Market Maker quotes by the trade to quote ratio for options (calculated as 0.01% based on available data for June 2016 through June 2017) when calculating message traffic for Options Market Makers; (4) discounts equity market maker quotes by the trade to quote ratio for equities (calculated as 5.43% based on available data for June 2016 through June 2017) when calculating message traffic for equity market makers; (5) decreases the number of tiers for Industry Members (other than the Execution Venue ATSs) from nine to seven; (6) changes the allocation of CAT costs between Equity Execution Venues and Options Execution Venues from 75%/25% to 67%/33%; (7) adjusts tier percentages and recovery allocations for Equity Execution Venues, Options Execution Venues and Industry Members (other than Execution Venue ATSs); (8) focuses the comparability of CAT Fees on the individual entity level, rather than primarily on the comparability of affiliated entities; (9) commences invoicing of CAT Reporters as promptly as possible following the latest of the operative date of the Consolidated Audit Trail Funding Fees for each of the Participants and the operative date of the CAT NMS Plan amendment adopting CAT Fees for Participants; and (10) requires the proposed fees to automatically expire two years from the operative date of the CAT NMS Plan amendment adopting CAT Fees for Participants. On October 31, 2017, IEX filed the First Amendment and proposed to amend the Original Proposal to reflect these changes. IEX submits this Second Amendment to the revise the proposal as set forth in the First Amendment to discount the OTC Equity Securities market share of all Execution Venue ATSs trading OTC Equity Securities, rather than applying the discount solely to those Execution Venue ATSs that exclusively trade OTC Equity Securities, when calculating the market share of Execution Venue ATS trading OTC Equity Securities. As discussed in the First Amendment: The Operating Committee determined to discount the market share of Execution Venue ATSs exclusively trading OTC Equity Securities as well as the market share of the FINRA ORF in recognition of the different trading characteristics of the OTC Equity Securities market as compared to the market in NMS Stocks. Many OTC Equity Securities are priced at less than one dollar--and a significant number at less than one penny--per share and low-priced shares tend to trade in larger quantities. Accordingly, a disproportionately large number of shares are involved in transactions involving OTC Equity Securities versus NMS Stocks. Because the proposed fee tiers are based on market share calculated by share volume, Execution Venue ATSs exclusively trading OTC Equity Securities and FINRA would likely be subject to higher tiers than their operations may warrant.\25\ --------------------------------------------------------------------------- \25\ See SR-IEX-2017-16, Amendment 2, Section 3(a), at page 23. The Operating Committee believes that this argument applies equally to both Execution Venue ATSs exclusively trading OTC Equity Securities and to Execution Venue ATSs that trade OTC Equity Securities as well as other securities. Accordingly, IEX proposes to amend paragraph (b)(2) of the Consolidated Audit Trail Funding Fees to apply the discount to all Execution Venue ATSs trading OTC Equity Securities. Specifically, IEX proposes to change the parenthetical regarding the OTC Equity Securities discount in paragraph (b)(2) of the proposed fee schedule from ``with a discount for Equity ATSs exclusively trading OTC Equity Securities based on the average shares per trade ratio between NMS Stocks and OTC Equity Securities'' to ``with a discount for OTC Equity Securities market share of Equity ATSs trading OTC Equity Securities based on the average shares per trade ratio between NMS Stocks and OTC Equity Securities.'' 2. Statutory Basis IEX believes that the proposed rule change is consistent with the provisions [[Page 59936]] of Section 6(b)(5) of the Act,\26\ which require, among other things, that the Exchange's rules must be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest, and not designed to permit unfair discrimination between customers, issuers, brokers and dealer, and Section 6(b)(4) of the Act, \27\ which requires that the Exchange's rules provide for the equitable allocation of reasonable dues, fees, and other charges among members and issuers and other persons using its facilities. IEX believes that the proposed change is consistent with the Act, and that the proposed fees are reasonable, equitably allocated and not unfairly discriminatory. In particular, IEX believes that the proposed change would treat all Equity ATSs trading OTC Equity Securities in a comparable manner when calculating applicable fees. In addition, the fee structure takes into consideration distinctions in securities trading operations of CAT Reporters, including all ATSs trading OTC Equity Securities. --------------------------------------------------------------------------- \26\ 15 U.S.C. 78f(b)(5). \27\ 15 U.S.C. 78f(b)(4). --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition Section 6(b)(8) of the Act \28\ require that the Exchange's rules not impose any burden on competition that is not necessary or appropriate. IEX does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. As previously described, IEX believes that the proposed rule change fairly and equitably allocates costs among CAT Reporters. In particular, the proposed fee schedule is structured to impose comparable fees on similarly situated CAT Reporters. IEX believes that the proposed change would treat all Equity ATSs trading OTC Equity Securities in a comparable manner when calculating applicable fees. In addition, the fee structure takes into consideration distinctions in securities trading operations of CAT Reporters, including all ATSs trading OTC Equity Securities. Moreover, the Operating Committee believes that the proposed changes address certain competitive concerns raised by commenters related to ATSs trading OTC Equity Securities. --------------------------------------------------------------------------- \28\ 15 U.S.C. 78f(b)(8). --------------------------------------------------------------------------- C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others IEX set forth responses to comments received regarding the Original Proposal in the First Amendment. In addition, the proposed changes set forth in this Second Amendment further respond to comments made regarding ATSs trading OTC Equity Securities. III. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposal, as amended by Amendment No. 1 and Amendment No. 2, is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-IEX-2017-16 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-IEX-2017-16. 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-IEX-2017-16, and should be submitted on or before January 5, 2018. --------------------------------------------------------------------------- \29\ 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\29\ Robert W. Errett, Deputy Secretary. [FR Doc. 2017-27019 Filed 12-14-17; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices 59933
Participants, and then each Participant (20) Commenters’ views on whether available for website viewing and
charging its own members as it deems the fees could affect competition printing in the Commission’s Public
appropriate, taking into consideration between and among national securities Reference Room, 100 F Street NE,
the possibility of inconsistency in exchanges and FINRA, in light of the Washington, DC 20549, on official
charges, the potential for lack of fact that implementation of the fees does business days between the hours of
transparency, and the impracticality of not require the unanimous consent of all 10:00 a.m. and 3:00 p.m. Copies of the
multiple SROs submitting invoices for such entities, and, specifically: filing also will be available for
CAT charges. (a) Whether any of the national inspection and copying at the principal
securities exchanges or FINRA are office of the Exchange. All comments
Burden on Competition and Barriers to disadvantaged by the fees; and received will be posted without change.
Entry (b) If so, whether any such Persons submitting comments are
(12) Commenters’ views as to whether disadvantages would be of a magnitude cautioned that we do not redact or edit
the allocation of 75% of CAT costs to that would alter the competitive personal identifying information from
Industry Members (other than Execution landscape. comment submissions. You should
Venue ATSs) imposes any burdens on (21) Commenters’ views on any submit only information that you wish
competition to Industry Members, potential burden imposed by the fees on to make available publicly. All
including views on what baseline competitive quoting and other liquidity submissions should refer to File
competitive landscape the Commission provision in the market, including, Number SR–NYSE–2017–22, and
should consider when analyzing the specifically: should be submitted on or before
proposed allocation of CAT costs. (a) Commenters’ views on the kinds of January 5, 2018.
(13) Commenters’ views on the disincentives that discourage liquidity
provision and/or disincentives that the For the Commission, by the Division of
burdens on competition, including the Trading and Markets, pursuant to delegated
relevant markets and services and the Commission should consider in its authority.101
impact of such burdens on the baseline analysis;
Robert W. Errett,
competitive landscape in those relevant (b) Commenters’ views as to whether
the fees could disincentivize the Deputy Secretary.
markets and services.
(14) Commenters’ views on any provision of liquidity; and [FR Doc. 2017–27020 Filed 12–14–17; 8:45 am]
potential burdens imposed by the fees (c) Commenters’ views as to whether BILLING CODE 8011–01–P
on competition between and among the fees limit any disincentives to
CAT Reporters, including views on provide liquidity.
which baseline markets and services the (22) Commenters’ views as to whether SECURITIES AND EXCHANGE
fees could have competitive effects on the amendment adequately responds to COMMISSION
and whether the fees are designed to and/or addresses comments received on
minimize such effects. related filings. [Release No. 34–82259; File No. SR–IEX–
(15) Commenters’ general views on 2017–16]
Electronic Comments
the impact of the proposed fees on
economies of scale and barriers to entry. • Use the Commission’s internet Self-Regulatory Organizations;
(16) Commenters’ views on the comment form (http://www.sec.gov/ Investors Exchange LLC; Notice of
baseline economies of scale and barriers rules/sro.shtml); or Filing of Amendment No. 2 to the
to entry for Industry Members and • Send an email to rule-comments@ Proposed Rule Change To Amend the
Execution Venues and the relevant sec.gov. Please include File Number SR– Schedule of Fees and Assessments To
markets and services over which these NYSE–2017–22 on the subject line. Adopt a Fee Schedule To Establish
economies of scale and barriers to entry Fees for Industry Members Related to
Paper Comments the National Market System Plan
exist.
(17) Commenters’ views as to whether • Send paper comments in triplicate Governing the Consolidated Audit Trail
a tiered fee structure necessarily results to Secretary, Securities and Exchange
Commission, 100 F Street NE, December 11, 2017.
in less active tiers paying more per unit On May 9, 2017, Investors Exchange
than those in more active tiers, thus Washington, DC 20549–1090.
All submissions should refer to File LLC (‘‘IEX’’ or ‘‘Exchange’’) filed with
creating economies of scale, with the Securities and Exchange
supporting information if possible. Number SR–NYSE–2017–22. This file
number should be included on the Commission (‘‘Commission’’), pursuant
(18) Commenters’ views as to how the to Section 19(b)(1) of the Securities
level of the fees for the least active tiers subject line if email is used. To help the
Commission process and review your Exchange Act of 1934 (‘‘Act’’) 1 and Rule
would or would not affect barriers to 19b–4 thereunder,2 a proposed rule
entry. comments more efficiently, please use
only one method. The Commission will change to adopt a fee schedule to
(19) Commenters’ views on whether
post all comments on the Commission’s establish the fees for Industry Members
the difference between the cost per unit
internet website (http://www.sec.gov/ related to the National Market System
(messages or market share) in less active
rules/sro.shtml). Copies of the Plan Governing the Consolidated Audit
tiers compared to the cost per unit in
submission, all subsequent Trail (‘‘CAT NMS Plan’’). The proposed
more active tiers creates regulatory
amendments, all written statements rule change was published in the
economies of scale that favor larger
with respect to the proposed rule Federal Register for comment on May
competitors and, if so:
change that are filed with the 22, 2017.3 The Commission received
sradovich on DSK3GMQ082PROD with NOTICES
(a) How those economies of scale
Commission, and all written seven comment letters on the proposed
compare to operational economies of
scale; and communications relating to the
101 17 CFR 200.30–3(a)(12).
(b) Whether those economies of scale proposed rule change between the 1 15 U.S.C. 78s(b)(1).
reduce or increase the current Commission and any person, other than 2 17 CFR 240.19b–4.
advantages enjoyed by larger those that may be withheld from the 3 See Securities Exchange Act Release No. 80692
competitors or otherwise alter the public in accordance with the (May 16, 2017), 82 FR 23325 (May 22, 2017)
competitive landscape. provisions of 5 U.S.C. 552, will be (‘‘Original Proposal’’).
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![59936 Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices
of Section 6(b)(5) of the Act,26 which C. Self-Regulatory Organization’s personal identifying information from
require, among other things, that the Statement on Comments on the comment submissions. You should
Exchange’s rules must be designed to Proposed Rule Change Received From submit only information that you wish
prevent fraudulent and manipulative Members, Participants, or Others to make available publicly. All
acts and practices, to promote just and IEX set forth responses to comments submissions should refer to File
equitable principles of trade, and, in received regarding the Original Proposal Number SR–IEX–2017–16, and should
general, to protect investors and the in the First Amendment. In addition, be submitted on or before January 5,
public interest, and not designed to the proposed changes set forth in this 2018.
permit unfair discrimination between Second Amendment further respond to For the Commission, by the Division of
customers, issuers, brokers and dealer, comments made regarding ATSs trading Trading and Markets, pursuant to delegated
and Section 6(b)(4) of the Act, 27 which OTC Equity Securities. authority.29
requires that the Exchange’s rules Robert W. Errett,
III. Solicitation of Comments Deputy Secretary.
provide for the equitable allocation of
reasonable dues, fees, and other charges Interested persons are invited to [FR Doc. 2017–27019 Filed 12–14–17; 8:45 am]
among members and issuers and other submit written data, views and BILLING CODE 8011–01–P
persons using its facilities. IEX believes arguments concerning the foregoing,
that the proposed change is consistent including whether the proposal, as
with the Act, and that the proposed fees amended by Amendment No. 1 and
Amendment No. 2, is consistent with SMALL BUSINESS ADMINISTRATION
are reasonable, equitably allocated and
the Act. Comments may be submitted by
not unfairly discriminatory. In
any of the following methods: [Disaster Declaration #15293 and #15294;
particular, IEX believes that the
proposed change would treat all Equity Electronic Comments U.S. VIRGIN ISLANDS Disaster Number VI–
00009]
ATSs trading OTC Equity Securities in • Use the Commission’s internet
a comparable manner when calculating comment form (http://www.sec.gov/ Presidential Declaration Amendment of
applicable fees. In addition, the fee rules/sro.shtml); or a Major Disaster for the U.S. Virgin
structure takes into consideration • Send an email to rule-comments@ Islands
distinctions in securities trading sec.gov. Please include File Number SR–
operations of CAT Reporters, including IEX–2017–16 on the subject line. AGENCY:U.S. Small Business
all ATSs trading OTC Equity Securities. Administration.
Paper Comments
B. Self-Regulatory Organization’s ACTION: Amendment 4.
• Send paper comments in triplicate
Statement on Burden on Competition to Secretary, Securities and Exchange SUMMARY: This is an amendment of the
Section 6(b)(8) of the Act 28 require Commission, 100 F Street NE, Presidential declaration of a major
Washington, DC 20549–1090. disaster for the U.S. Virgin Islands
that the Exchange’s rules not impose
any burden on competition that is not All submissions should refer to File (FEMA–4335–DR), dated 09/07/2017.
necessary or appropriate. IEX does not Number SR–IEX–2017–16. This file Incident: Hurricane Irma.
believe that the proposed rule change number should be included on the
subject line if email is used. To help the Incident Period: 09/05/2017 through
will result in any burden on 09/07/2017.
Commission process and review your
competition that is not necessary or
comments more efficiently, please use DATES: Issued on 12/08/2017.
appropriate in furtherance of the
only one method. The Commission will Physical Loan Application Deadline
purposes of the Act. As previously post all comments on the Commission’s
described, IEX believes that the Date: 01/08/2018.
internet website (http://www.sec.gov/
proposed rule change fairly and Economic Injury (EIDL) Loan
rules/sro.shtml). Copies of the
equitably allocates costs among CAT Application Deadline Date: 06/07/2018.
submission, all subsequent
Reporters. In particular, the proposed amendments, all written statements ADDRESSES: Submit completed loan
fee schedule is structured to impose with respect to the proposed rule applications to: U.S. Small Business
comparable fees on similarly situated change that are filed with the Administration, Processing and
CAT Reporters. IEX believes that the Commission, and all written Disbursement Center, 14925 Kingsport
proposed change would treat all Equity communications relating to the Road, Fort Worth, TX 76155.
ATSs trading OTC Equity Securities in proposed rule change between the FOR FURTHER INFORMATION CONTACT: A.
a comparable manner when calculating Commission and any person, other than Escobar, Office of Disaster Assistance,
applicable fees. In addition, the fee those that may be withheld from the U.S. Small Business Administration,
structure takes into consideration public in accordance with the 409 3rd Street SW, Suite 6050,
distinctions in securities trading provisions of 5 U.S.C. 552, will be Washington, DC 20416, (202) 205–6734.
operations of CAT Reporters, including available for website viewing and
printing in the Commission’s Public SUPPLEMENTARY INFORMATION: The notice
all ATSs trading OTC Equity Securities.
Reference Room, 100 F Street NE, of the President’s major disaster
Moreover, the Operating Committee
Washington, DC 20549, on official declaration for the U.S. Virgin Islands,
believes that the proposed changes dated 09/07/2017, is hereby amended to
business days between the hours of
sradovich on DSK3GMQ082PROD with NOTICES
address certain competitive concerns extend the deadline for filing
raised by commenters related to ATSs 10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for applications for physical damages as a
trading OTC Equity Securities. result of this disaster to 01/08/2018.
inspection and copying at the principal
office of the Exchange. All comments All other information in the original
26 15 U.S.C. 78f(b)(5). received will be posted without change. declaration remains unchanged.
27 15 U.S.C. 78f(b)(4). Persons submitting comments are
28 15 U.S.C. 78f(b)(8). cautioned that we do not redact or edit 29 17 CFR 200.30–3(a)(12).
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Document Created: 2017-12-15 03:37:39
Document Modified: 2017-12-15 03:37:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 82 FR 59933 |
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