83_FR_1454 83 FR 1446 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Certain Non-Transaction Fees in the Exchange's Schedule of Fees

83 FR 1446 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Certain Non-Transaction Fees in the Exchange's Schedule of Fees

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 8 (January 11, 2018)

Page Range1446-1448
FR Document2018-00305

Federal Register, Volume 83 Issue 8 (Thursday, January 11, 2018)
[Federal Register Volume 83, Number 8 (Thursday, January 11, 2018)]
[Notices]
[Pages 1446-1448]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00305]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82446; File No. SR-ISE-2017-112]


Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend Certain 
Non-Transaction Fees in the Exchange's Schedule of Fees

January 5, 2018.
    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 22, 2017, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``Commission'') 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

[[Page 1447]]

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 certain non-transaction fees in the 
Exchange's Schedule of Fees.
    The text of the proposed rule change is available on the Exchange's 
website at http://ise.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 purpose of the proposed rule change is to amend certain non-
transaction fees in the Exchange's Schedule of Fees. ISE currently 
charges its members various non-transaction fees to trade on the 
Exchange and use its facilities, including a monthly access fee and an 
annual regulatory fee. Such fees are designed to help defray the 
technical, regulatory, and administrative costs associated with a 
member's use of the Exchange. Specifically, the Exchange currently 
assesses a monthly access fee to all its members that is $500 per month 
per Electronic Access Member (``EAM'') membership, $4,000 per month per 
Primary Market Maker (``PMM'') membership, and $2,000 per month per 
Competitive Market Maker (``CMM'') membership.\3\ Payment of the 
monthly access fee entitles members to trade on ISE as a PMM, CMM, or 
EAM based on their membership type. In addition, Exchange currently 
charges a tiered annual regulatory fee to all its members that is: (i) 
For PMMs, a fee of $7,500 for the first PMM membership, $1,500 for each 
additional PMM membership, and $1,000 for each CMM membership; (ii) for 
CMMs, (who are not also PMMs), a fee of $5,000 per membership for the 
first CMM membership \4\ and $1,000 for each additional CMM membership; 
and (iii) for EAMs, a fee of $5,000 for each EAM membership.\5\
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    \3\ See ISE Schedule of Fees, Section VI.A Access Fees. In the 
event where a single member firm has multiple ISE memberships, the 
monthly access fee is charged for each membership. For example, if a 
single member firm is both an EAM and a CMM, or owns multiple CMM 
memberships, the firm is subject to the monthly access fee for each 
of those memberships.
    \4\ This fee will only be charged for the first CMM membership 
within each group of affiliated companies. Affiliated CMMs will pay 
the incremental regulatory fee charged for additional CMM 
memberships.
    \5\ See ISE Schedule of Fees, Section VII.D Regulatory Fee.
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    In order to keep pace with rising overhead, the Exchange now 
proposes to increase the monthly access fee for Market Makers (i.e., 
PMMs and CMMs) from $4,000 to $5,000 per PMM membership and from $2,000 
to $2,500 per CMM membership. The monthly access fee of $500 per 
membership for EAMs will remain unchanged under this proposal. In 
connection with the proposed increase in the monthly access fees for 
Market Makers, the Exchange also proposes to eliminate the annual 
regulatory fee for all its members.
    As noted above, members are required to pay a variety of non-
transaction fees, including the monthly access fee and annual 
regulatory fee, to be able to trade on the Exchange and use its 
facilities. By increasing the monthly access fee and eliminating the 
annual regulatory fee in the manner discussed above, the Exchange is 
essentially consolidating these fees rather than having members pay two 
separate charges for their use of the Exchange. With the proposed 
changes, Market Makers may be assessed at a higher rate overall to use 
the Exchange, while EAMs may be assessed at a lower rate because the 
Exchange is increasing the monthly access fee for Market Makers only, 
but eliminating the annual regulatory fee for all members.\6\ The 
Exchange will absorb the cost of the eliminated annual regulatory fee 
for EAMs going forward.
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    \6\ For example, a PMM currently pays a total of $55,500 per 
year in access and regulatory fees ($48,000 of annual access fees 
plus the $7,500 annual regulatory fee) for one PMM membership while 
an EAM pays a total of $11,000 per year ($6,000 of annual access 
fees plus the $5,000 annual regulatory fee) for one EAM membership. 
As proposed, the PMM would pay a total of $60,000 per year in access 
fees for one PMM membership while the EAM would pay a total of 
$6,000 per year for one EAM membership.
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    The access fee and regulatory fee were adopted in 2000 to help 
recover the costs of operating a trading market,\7\ including the 
technical, regulatory, and administrative costs associated with a 
member's use of the Exchange. The monthly access fee amounts have not 
changed since this fee was adopted, while the annual regulatory fee was 
last amended in 2006.\8\ Accordingly, the Exchange believes that the 
fee changes proposed herein should be a more accurate reflection of the 
costs associated with a member's use of the Exchange today.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 42370 (April 28, 
2000), 65 FR 26256 (May 5, 2000) (SR-ISE-00-02).
    \8\ See Securities Exchange Act Release No. 53634 (April 12, 
2006), 71 FR 20147 (April19, 2006) (SR-ISE-2006-16).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\9\ in general, and furthers the objectives of Sections 
6(b)(4) and 6(b)(5) of the Act,\10\ 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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed increase in the monthly 
Market Maker access fees to $5,000 per PMM membership and $2,500 per 
CMM membership is reasonable and equitable. The proposed access fees 
will help the Exchange keep pace with rising overhead, and are within 
the range of similar fees charged by other options exchanges, including 
for example, C2 Options Exchange (``C2''), which charges its market 
makers a monthly access fee of $5,000 per permit.\11\
---------------------------------------------------------------------------

    \11\ See C2 Fee Schedule, Section 3 Access Fees.
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    Furthermore, while the Exchange is increasing the monthly access 
fees for Market Makers, the Exchange believes that this is partially 
offset by the elimination of the annual regulatory fees for all 
members. As noted above, members are required to pay a variety of non-
transaction fees, including the monthly access fee and annual 
regulatory fee, to be able to trade on the Exchange and use its 
facilities. By consolidating the annual regulatory fee with the access 
fee in the manner discussed above rather than having members pay two 
separate charges for their use of the Exchange, ISE is simplifying the 
Schedule of Fees to the benefit of its members. The Exchange also 
believes that the proposed changes are reasonable and equitable because 
the

[[Page 1448]]

fees should be a more accurate representation of the costs associated 
with a member's use of the Exchange today for the reasons discussed 
above.
    As noted above, some members will be impacted more than others with 
this proposal because the Exchange is increasing the monthly access fee 
for Market Makers only, but eliminating the annual regulatory fee for 
all members. The Exchange does not believe that this is unfairly 
discriminatory because the resources dedicated to the supporting and 
regulating a member vary on the type of membership. Generally, PMMs are 
subject to greater obligations than CMMs are and CMMs are subject to 
greater obligations than EAMs are. Furthermore, the technical, 
regulatory, and administrative costs associated with an EAM's use of 
the Exchange are not as high as those associated with Market Makers.

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. As discussed above, the 
proposed fee changes are designed to more accurately reflect the 
technical, regulatory, and administrative costs associated with a 
member's use of the Exchange, and the fees remain competitive with 
similar fees offered on other options exchanges. 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,\12\ and Rule 19b-4(f)(2) \13\ thereunder. 
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.
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    \12\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \13\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-ISE-2017-112 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-ISE-2017-112. 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-ISE-2017-112 and should be submitted on 
or before February 1, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-00305 Filed 1-10-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                1446                           Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Notices

                                                pursuant to the same procedures                          represents that its system ‘‘allows                       changes from NYSE Arca, Inc.20 and
                                                applicable to $1 cabinet trades, except                  [c]abinet trades to be processed in a                     NYSE American LLC (formerly known
                                                that for sub-dollar cabinet trades (i) bids              manner similar to how all other trades                    as NYSE MKT LLC) 21 making
                                                and offers for opening transactions are                  are processed by the [E]xchange.’’ 14                     permanent sub-dollar cabinet trade pilot
                                                permitted only to accommodate closing                       In support of making the pilot                         programs. The Exchange has
                                                transactions, and (ii) transactions in                   program permanent, the Exchange                           represented that its system is able to
                                                option classes participating in the                      represents that ‘‘there are no operational                process cabinet trades similar to the
                                                Penny Pilot Program are permitted.7 The                  issues in processing and clearing                         processing of its other trades, it has not
                                                Exchange believes that ‘‘allowing a price                [c]abinet [t]rades in penny and sub-                      experienced any issues processing
                                                of at least $0 but less than $1 better                   penny increments.’’ 15 The Exchange                       cabinet trades at the Exchange or
                                                accommodates the closing of options                      also represents that ‘‘members and                        through OCC, and its members have not
                                                positions in series that are worthless or                member organizations have not raised                      expressed concerns. In addition, the
                                                not actively traded, particularly when                   any concerns with the processing of                       Commission did not receive any
                                                there has been a significant move in the                 [c]abinet trades.’’ 16 Finally, the                       comments on the proposed changes.
                                                price of the underlying security,                        Exchange represents that it is ‘‘not                      Accordingly, the Commission finds that
                                                resulting in a large number of series                    aware of the Options Clearing                             good cause exists to approve the
                                                being out-of-the-money.’’ 8                              Corporation (‘‘OCC’’) having operational                  proposed rule changes on an accelerated
                                                                                                         issues with processing [c]abinet trades                   basis.
                                                III. Discussion and Commission                           submitted by the Exchange.’’ 17
                                                Findings                                                    Based on the representations of the                    V. Conclusion
                                                   After careful review, the Commission                  Exchange, the Commission believes that                      It is therefore ordered, pursuant to
                                                finds that the proposed rule change is                   permanent approval of the sub-dollar                      Section 19(b)(2) of the Act,22 that the
                                                consistent with the requirements of the                  cabinet trade pilot is consistent with the                proposed rule change (SR–Phlx–2017–
                                                Act 9 and the rules and regulations                      Act. In particular, the Commission notes                  99) be, and hereby is, approved on an
                                                thereunder applicable to a national                      that the Exchange’s system allows it to                   accelerated basis.
                                                securities exchange.10 In particular, the                process cabinet trades in the normal                        For the Commission, by the Division of
                                                Commission finds that the proposed                       course. Further, the Exchange has not                     Trading and Markets, pursuant to delegated
                                                rule change is consistent with Section                   observed any issues or concerns with                      authority.23
                                                6(b)(5) of the Act,11 which requires,                    sub-dollar cabinet trades at the                          Eduardo A. Aleman,
                                                among other things, that the rules of a                  Exchange level, with and among its                        Assistant Secretary.
                                                national securities exchange be                          members, or in processing the trades                      [FR Doc. 2018–00304 Filed 1–10–18; 8:45 am]
                                                designed to prevent fraudulent and                       through OCC. Accordingly, the
                                                                                                                                                                   BILLING CODE 8011–01–P
                                                manipulative acts and practices, to                      Exchange’s rule appears reasonably
                                                promote just and equitable principles of                 designed to remove impediments,
                                                trade, to foster cooperation and                         prevent fraudulent and manipulative                       SECURITIES AND EXCHANGE
                                                coordination with persons engaged in                     acts and practices, and foster                            COMMISSION
                                                regulating, clearing, settling, processing               cooperation and coordination with
                                                information with respect to, and                         persons engaged in facilitating                           [Release No. 34–82446; File No. SR–ISE–
                                                facilitating transactions in securities, to              transactions in securities. Further,                      2017–112]
                                                remove impediments to and perfect the                    permanent approval will continue to
                                                                                                                                                                   Self-Regulatory Organizations; Nasdaq
                                                mechanism of a free and open market                      provide investors with choice when
                                                                                                                                                                   ISE, LLC; Notice of Filing and
                                                and a national market system, and, in                    considering a cabinet trade, including
                                                                                                                                                                   Immediate Effectiveness of Proposed
                                                general, to protect investors and the                    the ability to price such trades below $1
                                                                                                                                                                   Rule Change To Amend Certain Non-
                                                public interest.                                         per contract.
                                                   In the Notice, the Exchange explains                                                                            Transaction Fees in the Exchange’s
                                                that it initially adopted the sub-dollar                 IV. Accelerated Approval of Proposed                      Schedule of Fees
                                                cabinet trade rule on a pilot basis to                   Rule Changes
                                                                                                                                                                   January 5, 2018.
                                                ‘‘evaluate the efficacy of the change and                  The Commission finds good cause,                           Pursuant to Section 19(b)(1) of the
                                                to address any operational issues that                   pursuant to Section 19(b)(2) of the                       Securities Exchange Act of 1934
                                                might arise in processing [c]abinet                      Act,18 to approve the proposed rule                       (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                trades.’’ 12 The Exchange represents that                changes prior to the 30th day after the                   notice is hereby given that on December
                                                at the time it adopted the pilot, its                    date of publication of the Notice in the                  22, 2017, Nasdaq ISE, LLC (‘‘ISE’’ or
                                                system permitted reporting cabinet                       Federal Register.19 The Commission                        ‘‘Exchange’’) filed with the Securities
                                                trades at prices as small as $0.0001, as                 believes that the proposed rule change                    and Exchange Commission
                                                it does today.13 Based on its experience                 does not raise novel regulatory issues.                   (‘‘Commission’’) the proposed rule
                                                with these types of trades, the Exchange                 The Commission notes that earlier this                    change as described in Items I and II
                                                                                                         year it approved similar proposed rule                    below, which Items have been prepared
                                                  7 See Commentary .02 to Phlx Rule 1059.
                                                  8 Notice,
                                                                                                                                                                   by the Exchange. The Commission is
                                                             supra note 3, at 58826. The Exchange           14 Id. See also id. at 58826 (noting that ‘‘in 2016,

                                                notes that this is especially true for transactions in   there were a total of 442 [c]abinet [t]rades’’ on the     publishing this notice to solicit
                                                options classes in the Penny Pilot Program, for          Exchange ‘‘comprising 244,734 contracts,’’ and
                                                which cabinet trades are not otherwise permitted.        ‘‘[e]ach contract was executed at a price of $0.01.’’).     20 See Securities Exchange Act Release No. 80615
srobinson on DSK9F5VC42PROD with NOTICES




                                                See id.                                                     15 See Notice, supra note 3, at 58826.                 (May 5, 2017), 82 FR 22036 (May 11, 2017) (SR–
                                                  9 15 U.S.C. 78f.                                          16 Id.                                                 NYSEArca–2017–24).
                                                  10 In approving this proposed rule change, the            17 Id.                                                   21 See Securities Exchange Act Release No. 80616

                                                Commission has considered the proposed rule’s               18 15 U.S.C. 78s(b)(2).                                (May 5, 2017), 82 FR 22033 (May 11, 2017) (SR–
                                                impact on efficiency, competition, and capital              19 As noted above, the Notice was published for        NYSEMKT–2017–13).
                                                formation. See 15 U.S.C. 78c(f).                         comment in the Federal Register on December 14,
                                                                                                                                                                     22 15 U.S.C. 78s(b)(2).
                                                  11 15 U.S.C. 78f(b)(5).                                                                                            23 17 CFR 200.30–3(a)(12).
                                                                                                         2017 and the comment period closed on December
                                                  12 See Notice, supra note 3, at 58826.                                                                             1 15 U.S.C. 78s(b)(1).
                                                                                                         29, 2017. Accordingly, the 30th day after
                                                  13 See id.                                             publication of the Notice is January 13, 2018.              2 17 CFR 240.19b–4.




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                                                                              Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Notices                                                     1447

                                                comments on the proposed rule change                    addition, Exchange currently charges a                 costs of operating a trading market,7
                                                from interested persons.                                tiered annual regulatory fee to all its                including the technical, regulatory, and
                                                                                                        members that is: (i) For PMMs, a fee of                administrative costs associated with a
                                                I. Self-Regulatory Organization’s
                                                                                                        $7,500 for the first PMM membership,                   member’s use of the Exchange. The
                                                Statement of the Terms of Substance of
                                                                                                        $1,500 for each additional PMM                         monthly access fee amounts have not
                                                the Proposed Rule Change
                                                                                                        membership, and $1,000 for each CMM                    changed since this fee was adopted,
                                                   The Exchange proposes to amend                       membership; (ii) for CMMs, (who are                    while the annual regulatory fee was last
                                                certain non-transaction fees in the                     not also PMMs), a fee of $5,000 per                    amended in 2006.8 Accordingly, the
                                                Exchange’s Schedule of Fees.                            membership for the first CMM                           Exchange believes that the fee changes
                                                   The text of the proposed rule change                 membership 4 and $1,000 for each                       proposed herein should be a more
                                                is available on the Exchange’s website at               additional CMM membership; and (iii)                   accurate reflection of the costs
                                                http://ise.cchwallstreet.com/, at the                                                                          associated with a member’s use of the
                                                                                                        for EAMs, a fee of $5,000 for each EAM
                                                principal office of the Exchange, and at                                                                       Exchange today.
                                                                                                        membership.5
                                                the Commission’s Public Reference
                                                Room.                                                      In order to keep pace with rising                   2. Statutory Basis
                                                                                                        overhead, the Exchange now proposes                       The Exchange believes that its
                                                II. Self-Regulatory Organization’s                      to increase the monthly access fee for
                                                Statement of the Purpose of, and                                                                               proposal is consistent with Section 6(b)
                                                                                                        Market Makers (i.e., PMMs and CMMs)                    of the Act,9 in general, and furthers the
                                                Statutory Basis for, the Proposed Rule                  from $4,000 to $5,000 per PMM
                                                Change                                                                                                         objectives of Sections 6(b)(4) and 6(b)(5)
                                                                                                        membership and from $2,000 to $2,500                   of the Act,10 in particular, in that it
                                                   In its filing with the Commission, the               per CMM membership. The monthly                        provides for the equitable allocation of
                                                Exchange included statements                            access fee of $500 per membership for                  reasonable dues, fees, and other charges
                                                concerning the purpose of and basis for                 EAMs will remain unchanged under                       among members and issuers and other
                                                the proposed rule change and discussed                  this proposal. In connection with the                  persons using any facility, and is not
                                                any comments it received on the                         proposed increase in the monthly access                designed to permit unfair
                                                proposed rule change. The text of these                 fees for Market Makers, the Exchange                   discrimination between customers,
                                                statements may be examined at the                       also proposes to eliminate the annual                  issuers, brokers, or dealers.
                                                places specified in Item IV below. The                  regulatory fee for all its members.                       The Exchange believes that the
                                                Exchange has prepared summaries, set                                                                           proposed increase in the monthly
                                                                                                           As noted above, members are required
                                                forth in sections A, B, and C below, of                                                                        Market Maker access fees to $5,000 per
                                                                                                        to pay a variety of non-transaction fees,
                                                the most significant aspects of such                                                                           PMM membership and $2,500 per CMM
                                                                                                        including the monthly access fee and
                                                statements.                                                                                                    membership is reasonable and
                                                                                                        annual regulatory fee, to be able to trade
                                                A. Self-Regulatory Organization’s                       on the Exchange and use its facilities.                equitable. The proposed access fees will
                                                Statement of the Purpose of, and                        By increasing the monthly access fee                   help the Exchange keep pace with rising
                                                Statutory Basis for, the Proposed Rule                  and eliminating the annual regulatory                  overhead, and are within the range of
                                                Change                                                  fee in the manner discussed above, the                 similar fees charged by other options
                                                                                                        Exchange is essentially consolidating                  exchanges, including for example, C2
                                                1. Purpose                                                                                                     Options Exchange (‘‘C2’’), which
                                                                                                        these fees rather than having members
                                                   The purpose of the proposed rule                     pay two separate charges for their use of              charges its market makers a monthly
                                                change is to amend certain non-                         the Exchange. With the proposed                        access fee of $5,000 per permit.11
                                                transaction fees in the Exchange’s                                                                                Furthermore, while the Exchange is
                                                                                                        changes, Market Makers may be
                                                Schedule of Fees. ISE currently charges                                                                        increasing the monthly access fees for
                                                                                                        assessed at a higher rate overall to use
                                                its members various non-transaction                                                                            Market Makers, the Exchange believes
                                                                                                        the Exchange, while EAMs may be
                                                fees to trade on the Exchange and use                                                                          that this is partially offset by the
                                                                                                        assessed at a lower rate because the
                                                its facilities, including a monthly access                                                                     elimination of the annual regulatory fees
                                                                                                        Exchange is increasing the monthly
                                                fee and an annual regulatory fee. Such                                                                         for all members. As noted above,
                                                                                                        access fee for Market Makers only, but
                                                fees are designed to help defray the                                                                           members are required to pay a variety of
                                                                                                        eliminating the annual regulatory fee for
                                                technical, regulatory, and administrative                                                                      non-transaction fees, including the
                                                                                                        all members.6 The Exchange will absorb
                                                costs associated with a member’s use of                                                                        monthly access fee and annual
                                                                                                        the cost of the eliminated annual
                                                the Exchange. Specifically, the                                                                                regulatory fee, to be able to trade on the
                                                                                                        regulatory fee for EAMs going forward.
                                                Exchange currently assesses a monthly                                                                          Exchange and use its facilities. By
                                                access fee to all its members that is $500                 The access fee and regulatory fee were              consolidating the annual regulatory fee
                                                per month per Electronic Access                         adopted in 2000 to help recover the                    with the access fee in the manner
                                                Member (‘‘EAM’’) membership, $4,000                                                                            discussed above rather than having
                                                per month per Primary Market Maker                        4 This fee will only be charged for the first CMM
                                                                                                                                                               members pay two separate charges for
                                                                                                        membership within each group of affiliated             their use of the Exchange, ISE is
                                                (‘‘PMM’’) membership, and $2,000 per                    companies. Affiliated CMMs will pay the
                                                month per Competitive Market Maker                      incremental regulatory fee charged for additional      simplifying the Schedule of Fees to the
                                                (‘‘CMM’’) membership.3 Payment of the                   CMM memberships.                                       benefit of its members. The Exchange
                                                monthly access fee entitles members to                    5 See ISE Schedule of Fees, Section VII.D            also believes that the proposed changes
                                                                                                        Regulatory Fee.                                        are reasonable and equitable because the
                                                trade on ISE as a PMM, CMM, or EAM                        6 For example, a PMM currently pays a total of
                                                based on their membership type. In                      $55,500 per year in access and regulatory fees
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                                                                                                                                                                 7 See Securities Exchange Act Release No. 42370
                                                                                                        ($48,000 of annual access fees plus the $7,500
                                                  3 See                                                                                                        (April 28, 2000), 65 FR 26256 (May 5, 2000) (SR–
                                                        ISE Schedule of Fees, Section VI.A Access       annual regulatory fee) for one PMM membership
                                                                                                                                                               ISE–00–02).
                                                Fees. In the event where a single member firm has       while an EAM pays a total of $11,000 per year            8 See Securities Exchange Act Release No. 53634
                                                multiple ISE memberships, the monthly access fee        ($6,000 of annual access fees plus the $5,000 annual
                                                is charged for each membership. For example, if a       regulatory fee) for one EAM membership. As             (April 12, 2006), 71 FR 20147 (April19, 2006) (SR–
                                                single member firm is both an EAM and a CMM,            proposed, the PMM would pay a total of $60,000         ISE–2006–16).
                                                                                                                                                                 9 15 U.S.C. 78f(b).
                                                or owns multiple CMM memberships, the firm is           per year in access fees for one PMM membership
                                                                                                                                                                 10 15 U.S.C. 78f(b)(4) and (5).
                                                subject to the monthly access fee for each of those     while the EAM would pay a total of $6,000 per year
                                                memberships.                                            for one EAM membership.                                  11 See C2 Fee Schedule, Section 3 Access Fees.




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                                                1448                          Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Notices

                                                fees should be a more accurate                          19(b)(3)(A)(ii) of the Act,12 and Rule                   inspection and copying at the principal
                                                representation of the costs associated                  19b–4(f)(2) 13 thereunder. At any time                   office of the Exchange. All comments
                                                with a member’s use of the Exchange                     within 60 days of the filing of the                      received will be posted without change.
                                                today for the reasons discussed above.                  proposed rule change, the Commission                     Persons submitting comments are
                                                   As noted above, some members will                    summarily may temporarily suspend                        cautioned that we do not redact or edit
                                                be impacted more than others with this                  such rule change if it appears to the                    personal identifying information from
                                                proposal because the Exchange is                        Commission that such action is: (i)                      comment submissions. You should
                                                increasing the monthly access fee for                   Necessary or appropriate in the public                   submit only information that you wish
                                                Market Makers only, but eliminating the                 interest; (ii) for the protection of                     to make available publicly. All
                                                annual regulatory fee for all members.                  investors; or (iii) otherwise in                         submissions should refer to File
                                                The Exchange does not believe that this                 furtherance of the purposes of the Act.                  Number SR–ISE–2017–112 and should
                                                is unfairly discriminatory because the                  If the Commission takes such action, the                 be submitted on or before February 1,
                                                resources dedicated to the supporting                   Commission shall institute proceedings                   2018.
                                                and regulating a member vary on the                     to determine whether the proposed rule                     For the Commission, by the Division of
                                                type of membership. Generally, PMMs                     should be approved or disapproved.                       Trading and Markets, pursuant to delegated
                                                are subject to greater obligations than                 IV. Solicitation of Comments                             authority.14
                                                CMMs are and CMMs are subject to                                                                                 Eduardo A. Aleman,
                                                greater obligations than EAMs are.                        Interested persons are invited to
                                                                                                                                                                 Assistant Secretary.
                                                Furthermore, the technical, regulatory,                 submit written data, views, and
                                                                                                        arguments concerning the foregoing,                      [FR Doc. 2018–00305 Filed 1–10–18; 8:45 am]
                                                and administrative costs associated with
                                                an EAM’s use of the Exchange are not                    including whether the proposed rule                      BILLING CODE 8011–01–P

                                                as high as those associated with Market                 change is consistent with the Act.
                                                Makers.                                                 Comments may be submitted by any of
                                                                                                        the following methods:                                   SMALL BUSINESS ADMINISTRATION
                                                B. Self-Regulatory Organization’s
                                                Statement on Burden on Competition                      Electronic Comments                                      [Disaster Declaration #15399 and #15400;
                                                                                                          • Use the Commission’s internet                        MISSISSIPPI Disaster Number MS–00104]
                                                  The Exchange does not believe that
                                                                                                        comment form (http://www.sec.gov/                        Presidential Declaration Amendment of
                                                the proposed rule change will impose
                                                                                                        rules/sro.shtml); or                                     a Major Disaster for Public Assistance
                                                any burden on competition not                             • Send an email to rule-comments@
                                                necessary or appropriate in furtherance                                                                          Only for the State of Mississippi
                                                                                                        sec.gov. Please include File Number SR–
                                                of the purposes of the Act. As discussed                ISE–2017–112 on the subject line.                        AGENCY: U.S. Small Business
                                                above, the proposed fee changes are
                                                                                                        Paper Comments                                           Administration.
                                                designed to more accurately reflect the
                                                                                                                                                                 ACTION: Amendment 1.
                                                technical, regulatory, and administrative                  • Send paper comments in triplicate
                                                costs associated with a member’s use of                 to Secretary, Securities and Exchange                    SUMMARY:   This is an amendment of the
                                                the Exchange, and the fees remain                       Commission, 100 F Street NE,                             presidential declaration of a major
                                                competitive with similar fees offered on                Washington, DC 20549–1090.                               disaster for public assistance only for
                                                other options exchanges. The Exchange                   All submissions should refer to File                     the state of Mississippi (FEMA–4350–
                                                operates in a highly competitive market                 Number SR–ISE–2017–112. This file                        DR), dated 11/22/2017.
                                                in which market participants can                        number should be included on the                            Incident: Hurricane Nate.
                                                readily favor competing venues if they                  subject line if email is used. To help the                  Incident Period: 10/06/2017 through
                                                deem fee levels at a particular venue to                Commission process and review your                       10/10/2017.
                                                be excessive, or rebate opportunities                   comments more efficiently, please use                    DATES: Issued on 01/02/2018.
                                                available at other venues to be more                    only one method. The Commission will
                                                favorable. In such an environment, the                                                                              Physical Loan Application Deadline
                                                                                                        post all comments on the Commission’s                    Date: 01/22/2018.
                                                Exchange must continually adjust its                    internet website (http://www.sec.gov/
                                                fees to remain competitive. Because                                                                                 Economic Injury (EIDL) Loan
                                                                                                        rules/sro.shtml). Copies of the                          Application Deadline Date: 08/22/2018.
                                                competitors are free to modify their own                submission, all subsequent
                                                fees in response, and because market                                                                             ADDRESSES: Submit completed loan
                                                                                                        amendments, all written statements
                                                participants may readily adjust their                                                                            applications to: U.S. Small Business
                                                                                                        with respect to the proposed rule
                                                order routing practices, the Exchange                                                                            Administration, Processing and
                                                                                                        change that are filed with the
                                                believes that the degree to which fee                                                                            Disbursement Center, 14925 Kingsport
                                                                                                        Commission, and all written
                                                changes in this market may impose any                                                                            Road, Fort Worth, TX 76155.
                                                                                                        communications relating to the
                                                burden on competition is extremely                      proposed rule change between the                         FOR FURTHER INFORMATION CONTACT:
                                                limited.                                                Commission and any person, other than                       A. Escobar, Office of Disaster
                                                                                                        those that may be withheld from the                      Assistance, U.S. Small Business
                                                C. Self-Regulatory Organization’s
                                                                                                        public in accordance with the                            Administration, 409 3rd Street SW,
                                                Statement on Comments on the
                                                                                                        provisions of 5 U.S.C. 552, will be                      Suite 6050, Washington, DC 20416,
                                                Proposed Rule Change Received From
                                                                                                        available for website viewing and                        (202) 205–6734.
                                                Members, Participants, or Others
                                                                                                        printing in the Commission’s Public                      SUPPLEMENTARY INFORMATION: The notice
                                                  No written comments were either                       Reference Room, 100 F Street NE,                         of the President’s major disaster
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                                                solicited or received.                                  Washington, DC 20549, on official                        declaration for Private Non-Profit
                                                III. Date of Effectiveness of the                       business days between the hours of                       organizations in the State of Mississippi,
                                                Proposed Rule Change and Timing for                     10:00 a.m. and 3:00 p.m. Copies of the                   dated 11/22/2017, is hereby amended to
                                                Commission Action                                       filing also will be available for                        include the following areas as adversely
                                                                                                                                                                 affected by the disaster.
                                                   The foregoing rule change has become                   12 15   U.S.C. 78s(b)(3)(A)(ii).
                                                effective pursuant to Section                             13 17   CFR 240.19b–4(f)(2).                             14 17   CFR 200.30–3(a)(12).



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Document Created: 2018-01-11 04:54:15
Document Modified: 2018-01-11 04:54:15
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 Citation83 FR 1446 

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