83_FR_15732 83 FR 15662 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchange's Schedule of Fees To Clarify the Fees and Rebates for the Complex Order Exposure Auction Pursuant to Rule 722(b)(3)(iii)

83 FR 15662 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchange's Schedule of Fees To Clarify the Fees and Rebates for the Complex Order Exposure Auction Pursuant to Rule 722(b)(3)(iii)

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 70 (April 11, 2018)

Page Range15662-15664
FR Document2018-07405

Federal Register, Volume 83 Issue 70 (Wednesday, April 11, 2018)
[Federal Register Volume 83, Number 70 (Wednesday, April 11, 2018)]
[Notices]
[Pages 15662-15664]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07405]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82999; File No. SR-ISE-2018-28]


Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend the 
Exchange's Schedule of Fees To Clarify the Fees and Rebates for the 
Complex Order Exposure Auction Pursuant to Rule 722(b)(3)(iii)

April 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 March 23, 2018, 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 comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend the Exchange's Schedule of Fees to 
provide greater clarity as to how the Exchange currently charges 
complex orders executed during an exposure auction pursuant to Rule 
722(b)(3)(iii) (``Exposure Auction'').
    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 the Exchange's 
Schedule of Fees to provide greater clarity as to how the Exchange 
currently charges complex orders executed during an Exposure Auction 
pursuant to Rule 722(b)(3)(iii). An Exposure Auction is automatically 
initiated when a member submits an eligible complex order that is 
marked for price improvement.\3\ Because Exposure Auctions are 
initiated by complex orders entered on the complex order book, they are 
charged based on the same maker/taker scheme as is applicable to other 
complex orders that are executed on the complex order book rather than 
the separate pricing defined for Crossing Orders.\4\ Specifically, the 
Exchange treats the originating side of Exposure Auction orders as 
adding liquidity, and the contra side as taking liquidity, for the 
purpose of determining applicable fees and rebates. Since the Schedule 
of Fees does not currently indicate the manner in which the Exchange 
treats the originating or contra side of Exposure Auction orders, the 
Exchange proposes to add the following language in Section II: ``During 
an ``exposure'' auction pursuant to Rule 722(b)(3)(iii), the 
originating side of the auction order will be assessed the applicable 
maker fee or rebate, and the contra side will be assessed the 
applicable taker fee or rebate.''
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    \3\ Pursuant to Rule 722(b)(3)(iii), the marked complex order is 
exposed for a period of up to one-second. When the Exchange first 
adopted Rule 722(b)(3)(iii), it indicated that this exposure period, 
which provided members an opportunity for price improvement, was not 
considered an ``auction.'' See Securities Exchange Act Release No. 
57706 (April 24, 2008), 73 FR 23517 (April 30, 2008) (SR-ISE-2007-
77) (``2007 Filing''). Notwithstanding the 2007 Filing, this feature 
would be considered an auction today.
    \4\ A ``Crossing Order'' is an order executed in the Exchange's 
Facilitation Mechanism, Solicited Order Mechanism, Price Improvement 
Mechanism (PIM) or submitted as a Qualified Contingent Cross order. 
For purposes of the Fee Schedule, orders executed in the Block Order 
Mechanism are also considered Crossing Orders.
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    Thus, based on current rates, the Exchange charges the originating 
side of Non-Priority Customer \5\ Exposure Auction orders that trade 
against other Non-Priority Customer orders a maker fee of $0.10 per 
contract in Select

[[Page 15663]]

Symbols \6\ for Market Maker,\7\ Firm Proprietary \8\/Broker-Dealer,\9\ 
and Professional Customer \10\ orders, and $0.20 per contract in Select 
Symbols for Non-Nasdaq ISE Market Maker \11\ orders. In Non-Select 
Symbols,\12\ the originating side is charged a $0.20 per contract maker 
fee for all Non-Priority Customer orders. The contra side Non-Priority 
Customer order is charged a taker fee of $0.50 per contract in Select 
Symbols for Market Maker (or $0.44 per contract for Market Makers with 
total affiliated Priority Customer Complex ADV of 150,000 or more 
contracts),\13\ Non-Nasdaq ISE Market Maker, Firm Proprietary/Broker-
Dealer, and Professional Customer orders. In Non-Select Symbols, the 
contra side Non-Priority Customer order is charged a $0.86 per contract 
taker fee for Market Maker orders,\14\ and a $0.88 per contract taker 
fee for Non-Nasdaq ISE Market Maker, Firm Proprietary/Broker-Dealer, 
and Professional Customer orders.\15\
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    \5\ Non-Priority Customer includes Market Maker, Non-Nasdaq ISE 
Market Maker, Firm Proprietary, Broker-Dealer, and Professional 
Customer.
    \6\ ``Select Symbols'' are options overlying all symbols listed 
on ISE that are in the Penny Pilot Program.
    \7\ The term ``Market Makers'' refers to ``Competitive Market 
Makers'' and ``Primary Market Makers'' collectively.
    \8\ A ``Firm Proprietary'' order is an order submitted by a 
member for its own proprietary account.
    \9\ A ``Broker-Dealer'' order is an order submitted by a member 
for a broker-dealer account that is not its own proprietary account.
    \10\ A ``Professional Customer'' is a person or entity that is 
not a broker/dealer and is not a Priority Customer.
    \11\ A ``Non-Nasdaq ISE Market Maker'' is a market maker as 
defined in Section 3(a)(38) of the Securities Exchange Act of 1934, 
as amended, registered in the same options class on another options 
exchange.
    \12\ ``Non-Select Symbols'' are options overlying all symbols 
excluding Select Symbols.
    \13\ Further, Nasdaq ISE Market Makers making or taking 
liquidity receive a discount of $0.02 when trading against Priority 
Customer orders preferenced to them in the Complex Order Book in 
equity options that are able to be listed and traded on more than 
one options exchange. This discount does not apply to FX Options 
Symbols or to option classes designated by the Exchange to receive a 
guaranteed allocation pursuant to Nasdaq ISE Rule 722(b)(3)(i)(B).
    \14\ Id.
    \15\ The Exchange also currently charges a $0.03 per contract 
complex surcharge for Non-Priority Customer complex orders in Non-
Select Symbols that take liquidity from the complex order book, 
excluding complex orders executed in the Facilitation Mechanism, 
Solicited Order Mechanism, Price Improvement Mechanism and Exposure 
Auctions. See Securities Exchange Act Release No. 82644 (February 6, 
2018), 83 FR 6069 (February 12, 2018) (SR-ISE-2018-10).
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    When Non-Priority Customer orders trade against Priority Customer 
\16\ orders in Exposure Auctions and the originating side is a Non-
Priority Customer order, the originating side is charged a maker fee of 
$0.47 per contract in Select Symbols for Market Maker orders (or $0.44 
per contract for Market Makers with total affiliated Priority Customer 
Complex ADV of 150,000 or more contracts),\17\ and $0.48 per contract 
for Non-Nasdaq ISE Market Maker, Firm Proprietary/Broker-Dealer, and 
Professional Customer orders. In Non-Select Symbols, the originating 
side is charged a $0.86 per contract maker fee for Market Maker 
orders,\18\ and a $0.88 per contract maker fee for Non-Nasdaq ISE 
Market Maker, Firm Proprietary/Broker-Dealer, and Professional Customer 
orders. The contra side Priority Customer order is paid a volume-based 
tiered rebate,\19\ which currently ranges from $0.26 per contract in 
Select Symbols (if the member executes Priority Customer Complex ADV of 
0 to 14,999 contracts in a given month) to $0.50 per contract in Select 
Symbols (if the member executes Priority Customer Complex ADV of 
225,000 or more contracts in a given month). In Non-Select Symbols, the 
tiered rebate paid to the contra side Priority Customer order currently 
ranges from $0.40 per contract (if the member executes Priority 
Customer Complex ADV of 0 to 14,999 contracts in a given month) to 
$0.85 per contract (if the member executes Priority Customer Complex 
ADV of 225,000 or more contracts in a given month).
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    \16\ A ``Priority Customer'' is a person or entity that is not a 
broker/dealer in securities, and does not place more than 390 orders 
in listed options per day on average during a calendar month for its 
own beneficial account(s), as defined in Nasdaq ISE Rule 
100(a)(37A).
    \17\ See note 13 above.
    \18\ Id.
    \19\ The Exchange provides rebates to members for adding and 
taking liquidity based on tiers that reflect their Priority Customer 
Complex average daily volume (``ADV'') executed during a given 
month.
---------------------------------------------------------------------------

    When Non-Priority Customer orders trade against Priority Customer 
orders in Exposure Auctions and the originating side is a Priority 
Customer order, the originating side receives the tiered rebate in 
Select and Non-Select Symbols, as discussed above. The contra side Non-
Priority Customer is charged the taker fee in Select and Non-Select 
Symbols, as discussed above.\20\ Lastly, when Priority Customer orders 
trade against Priority Customer orders in Exposure Auctions, neither 
the originating side nor the contra side is charged a fee or given a 
rebate because the Exchange currently does not charge a maker or taker 
fee for Priority Customer complex orders, and provides a rebate only if 
the Priority Customer complex order trades against a Non-Priority 
Customer complex order, as described above.
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    \20\ See note 15 above.
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    While the proposed change discussed above is consistent with 
current practice, the Exchange believes that the clarifications will 
eliminate any potential confusion around how Exposure Auction orders 
are charged today.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\21\ in general, and furthers the objectives of 
Sections 6(b)(4) and 6(b)(5) of the Act,\22\ 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. The Exchange believes that it 
is reasonable, equitable and not unfairly discriminatory to clarify in 
Section II of the Schedule of Fees as to how the Exchange currently 
charges Exposure Auction orders, as further discussed above. The 
Exchange believes that the proposed change will eliminate any potential 
confusion around how Exposure Auction orders are charged today, and 
will make the Schedule of Fees more transparent to members and 
investors.
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    \21\ 15 U.S.C. 78f(b).
    \22\ 15 U.S.C. 78f(b)(4) and (5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The proposed change is not 
intended to address any competitive issues but rather to provide more 
clarity and transparency regarding how Exposure Auction orders are 
charged today. 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 with other exchanges. Because competitors are free to 
modify their own fees in response, and because market participants may 
readily adjust their order routing practices, the Exchange believes 
that the degree to which fee changes in this market may

[[Page 15664]]

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,\23\ and Rule 19b-4(f)(2) \24\ 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.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \24\ 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-2018-28 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-2018-28. 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-2018-28 and should be submitted on 
or before May 2, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\25\
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    \25\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-07405 Filed 4-10-18; 8:45 am]
BILLING CODE 8011-01-P



                                             15662                            Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Notices

                                             Commission, 100 F Street NE,                              SECURITIES AND EXCHANGE                                A. Self-Regulatory Organization’s
                                             Washington, DC 20549–1090.                                COMMISSION                                             Statement of the Purpose of, and
                                                                                                                                                              Statutory Basis for, the Proposed Rule
                                             All submissions should refer to File
                                                                                                       [Release No. 34–82999; File No. SR–ISE–                Change
                                             Number SR–NYSEArca–2018–17. This
                                             file number should be included on the                     2018–28]                                               1. Purpose
                                             subject line if email is used. To help the
                                                                                                       Self-Regulatory Organizations; Nasdaq                     The purpose of the proposed rule
                                             Commission process and review your
                                                                                                       ISE, LLC; Notice of Filing and                         change is to amend the Exchange’s
                                             comments more efficiently, please use                     Immediate Effectiveness of Proposed
                                             only one method. The Commission will                                                                             Schedule of Fees to provide greater
                                                                                                       Rule Change To Amend the                               clarity as to how the Exchange currently
                                             post all comments on the Commission’s                     Exchange’s Schedule of Fees To
                                             internet website (http://www.sec.gov/                                                                            charges complex orders executed during
                                                                                                       Clarify the Fees and Rebates for the                   an Exposure Auction pursuant to Rule
                                             rules/sro.shtml). Copies of the                           Complex Order Exposure Auction
                                             submission, all subsequent                                                                                       722(b)(3)(iii). An Exposure Auction is
                                                                                                       Pursuant to Rule 722(b)(3)(iii)                        automatically initiated when a member
                                             amendments, all written statements
                                             with respect to the proposed rule                         April 5, 2018.                                         submits an eligible complex order that
                                             change that are filed with the                                                                                   is marked for price improvement.3
                                                                                                          Pursuant to Section 19(b)(1) of the                 Because Exposure Auctions are initiated
                                             Commission, and all written                               Securities Exchange Act of 1934
                                             communications relating to the                                                                                   by complex orders entered on the
                                                                                                       (‘‘Act’’),1 and Rule 19b–4 thereunder,2                complex order book, they are charged
                                             proposed rule change between the                          notice is hereby given that on March 23,
                                                                                                                                                              based on the same maker/taker scheme
                                             Commission and any person, other than                     2018, Nasdaq ISE, LLC (‘‘ISE’’ or
                                                                                                                                                              as is applicable to other complex orders
                                             those that may be withheld from the                       ‘‘Exchange’’) filed with the Securities
                                                                                                                                                              that are executed on the complex order
                                             public in accordance with the                             and Exchange Commission
                                                                                                       (‘‘Commission’’) the proposed rule                     book rather than the separate pricing
                                             provisions of 5 U.S.C. 552, will be
                                                                                                       change as described in Items I and II                  defined for Crossing Orders.4
                                             available for website viewing and
                                                                                                       below, which Items have been prepared                  Specifically, the Exchange treats the
                                             printing in the Commission’s Public
                                                                                                       by the Exchange. The Commission is                     originating side of Exposure Auction
                                             Reference Room, 100 F Street NE,
                                                                                                       publishing this notice to solicit                      orders as adding liquidity, and the
                                             Washington, DC 20549 on official
                                                                                                       comments on the proposed rule change                   contra side as taking liquidity, for the
                                             business days between the hours of
                                                                                                       from interested persons.                               purpose of determining applicable fees
                                             10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                                                                              and rebates. Since the Schedule of Fees
                                             filing also will be available for                         I. Self-Regulatory Organization’s                      does not currently indicate the manner
                                             inspection and copying at the principal                   Statement of the Terms of Substance of                 in which the Exchange treats the
                                             office of the Exchange. All comments                      the Proposed Rule Change                               originating or contra side of Exposure
                                             received will be posted without change.                                                                          Auction orders, the Exchange proposes
                                             Persons submitting comments are                              The Exchange proposes to amend the
                                                                                                       Exchange’s Schedule of Fees to provide                 to add the following language in Section
                                             cautioned that we do not redact or edit                                                                          II: ‘‘During an ‘‘exposure’’ auction
                                             personal identifying information from                     greater clarity as to how the Exchange
                                                                                                       currently charges complex orders                       pursuant to Rule 722(b)(3)(iii), the
                                             comment submissions. You should                                                                                  originating side of the auction order will
                                             submit only information that you wish                     executed during an exposure auction
                                                                                                       pursuant to Rule 722(b)(3)(iii)                        be assessed the applicable maker fee or
                                             to make available publicly. All                                                                                  rebate, and the contra side will be
                                             submissions should refer to File                          (‘‘Exposure Auction’’).
                                                                                                                                                              assessed the applicable taker fee or
                                             Number SR–NYSEArca–2018–17 and                               The text of the proposed rule change
                                                                                                                                                              rebate.’’
                                             should be submitted on or before May                      is available on the Exchange’s website at
                                             2, 2018.                                                  http://ise.cchwallstreet.com/, at the                     Thus, based on current rates, the
                                                                                                       principal office of the Exchange, and at               Exchange charges the originating side of
                                               For the Commission, by the Division of                  the Commission’s Public Reference                      Non-Priority Customer 5 Exposure
                                             Trading and Markets, pursuant to delegated                Room.                                                  Auction orders that trade against other
                                             authority.20                                                                                                     Non-Priority Customer orders a maker
                                             Eduardo A. Aleman,                                        II. Self-Regulatory Organization’s                     fee of $0.10 per contract in Select
                                             Assistant Secretary.                                      Statement of the Purpose of, and
                                                                                                       Statutory Basis for, the Proposed Rule
                                             [FR Doc. 2018–07406 Filed 4–10–18; 8:45 am]                                                                        3 Pursuant to Rule 722(b)(3)(iii), the marked
                                                                                                       Change                                                 complex order is exposed for a period of up to one-
                                             BILLING CODE 8011–01–P
                                                                                                                                                              second. When the Exchange first adopted Rule
                                                                                                         In its filing with the Commission, the               722(b)(3)(iii), it indicated that this exposure period,
                                                                                                       Exchange included statements                           which provided members an opportunity for price
                                                                                                       concerning the purpose of and basis for                improvement, was not considered an ‘‘auction.’’ See
                                                                                                                                                              Securities Exchange Act Release No. 57706 (April
                                                                                                       the proposed rule change and discussed                 24, 2008), 73 FR 23517 (April 30, 2008) (SR–ISE–
                                                                                                       any comments it received on the                        2007–77) (‘‘2007 Filing’’). Notwithstanding the 2007
                                                                                                       proposed rule change. The text of these                Filing, this feature would be considered an auction
                                                                                                       statements may be examined at the                      today.
                                                                                                                                                                4 A ‘‘Crossing Order’’ is an order executed in the
                                                                                                       places specified in Item IV below. The
                                                                                                                                                              Exchange’s Facilitation Mechanism, Solicited Order
amozie on DSK30RV082PROD with NOTICES




                                                                                                       Exchange has prepared summaries, set                   Mechanism, Price Improvement Mechanism (PIM)
                                                                                                       forth in sections A, B, and C below, of                or submitted as a Qualified Contingent Cross order.
                                                                                                       the most significant aspects of such                   For purposes of the Fee Schedule, orders executed
                                                                                                       statements.                                            in the Block Order Mechanism are also considered
                                                                                                                                                              Crossing Orders.
                                                                                                                                                                5 Non-Priority Customer includes Market Maker,
                                                                                                         1 15   U.S.C. 78s(b)(1).                             Non-Nasdaq ISE Market Maker, Firm Proprietary,
                                               20 17   CFR 200.30–3(a)(12).                              2 17   CFR 240.19b–4.                                Broker-Dealer, and Professional Customer.



                                        VerDate Sep<11>2014     17:17 Apr 10, 2018   Jkt 244001   PO 00000   Frm 00113    Fmt 4703   Sfmt 4703   E:\FR\FM\11APN1.SGM   11APN1


                                                                            Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Notices                                                 15663

                                             Symbols 6 for Market Maker,7 Firm                          in Exposure Auctions and the                           Priority Customer complex order, as
                                             Proprietary 8/Broker-Dealer,9 and                          originating side is a Non-Priority                     described above.
                                             Professional Customer 10 orders, and                       Customer order, the originating side is                  While the proposed change discussed
                                             $0.20 per contract in Select Symbols for                   charged a maker fee of $0.47 per                       above is consistent with current
                                             Non-Nasdaq ISE Market Maker 11 orders.                     contract in Select Symbols for Market                  practice, the Exchange believes that the
                                             In Non-Select Symbols,12 the originating                   Maker orders (or $0.44 per contract for                clarifications will eliminate any
                                             side is charged a $0.20 per contract                       Market Makers with total affiliated                    potential confusion around how
                                             maker fee for all Non-Priority Customer                    Priority Customer Complex ADV of                       Exposure Auction orders are charged
                                             orders. The contra side Non-Priority                       150,000 or more contracts),17 and $0.48                today.
                                             Customer order is charged a taker fee of                   per contract for Non-Nasdaq ISE Market
                                             $0.50 per contract in Select Symbols for                                                                          2. Statutory Basis
                                                                                                        Maker, Firm Proprietary/Broker-Dealer,
                                             Market Maker (or $0.44 per contract for                    and Professional Customer orders. In                      The Exchange believes that its
                                             Market Makers with total affiliated                        Non-Select Symbols, the originating                    proposal is consistent with Section 6(b)
                                             Priority Customer Complex ADV of                           side is charged a $0.86 per contract                   of the Act,21 in general, and furthers the
                                             150,000 or more contracts),13 Non-                         maker fee for Market Maker orders,18                   objectives of Sections 6(b)(4) and 6(b)(5)
                                             Nasdaq ISE Market Maker, Firm                              and a $0.88 per contract maker fee for                 of the Act,22 in particular, in that it
                                             Proprietary/Broker-Dealer, and                             Non-Nasdaq ISE Market Maker, Firm                      provides for the equitable allocation of
                                             Professional Customer orders. In Non-                      Proprietary/Broker-Dealer, and                         reasonable dues, fees, and other charges
                                             Select Symbols, the contra side Non-                       Professional Customer orders. The                      among members and issuers and other
                                             Priority Customer order is charged a                       contra side Priority Customer order is                 persons using any facility, and is not
                                             $0.86 per contract taker fee for Market                                                                           designed to permit unfair
                                                                                                        paid a volume-based tiered rebate,19
                                             Maker orders,14 and a $0.88 per contract                                                                          discrimination between customers,
                                                                                                        which currently ranges from $0.26 per
                                             taker fee for Non-Nasdaq ISE Market                                                                               issuers, brokers, or dealers. The
                                                                                                        contract in Select Symbols (if the
                                             Maker, Firm Proprietary/Broker-Dealer,                                                                            Exchange believes that it is reasonable,
                                                                                                        member executes Priority Customer
                                             and Professional Customer orders.15                                                                               equitable and not unfairly
                                                When Non-Priority Customer orders                       Complex ADV of 0 to 14,999 contracts
                                                                                                        in a given month) to $0.50 per contract                discriminatory to clarify in Section II of
                                             trade against Priority Customer 16 orders                                                                         the Schedule of Fees as to how the
                                                                                                        in Select Symbols (if the member
                                                6 ‘‘Select Symbols’’ are options overlying all          executes Priority Customer Complex                     Exchange currently charges Exposure
                                             symbols listed on ISE that are in the Penny Pilot          ADV of 225,000 or more contracts in a                  Auction orders, as further discussed
                                             Program.                                                   given month). In Non-Select Symbols,                   above. The Exchange believes that the
                                                7 The term ‘‘Market Makers’’ refers to
                                                                                                        the tiered rebate paid to the contra side              proposed change will eliminate any
                                             ‘‘Competitive Market Makers’’ and ‘‘Primary Market
                                                                                                        Priority Customer order currently ranges               potential confusion around how
                                             Makers’’ collectively.                                                                                            Exposure Auction orders are charged
                                                8 A ‘‘Firm Proprietary’’ order is an order              from $0.40 per contract (if the member
                                                                                                                                                               today, and will make the Schedule of
                                             submitted by a member for its own proprietary              executes Priority Customer Complex
                                             account.                                                                                                          Fees more transparent to members and
                                                                                                        ADV of 0 to 14,999 contracts in a given
                                                9 A ‘‘Broker-Dealer’’ order is an order submitted                                                              investors.
                                             by a member for a broker-dealer account that is not
                                                                                                        month) to $0.85 per contract (if the
                                             its own proprietary account.                               member executes Priority Customer                      B. Self-Regulatory Organization’s
                                                10 A ‘‘Professional Customer’’ is a person or entity    Complex ADV of 225,000 or more                         Statement on Burden on Competition
                                             that is not a broker/dealer and is not a Priority          contracts in a given month).
                                             Customer.                                                                                                            The Exchange does not believe that
                                                11 A ‘‘Non-Nasdaq ISE Market Maker’’ is a market           When Non-Priority Customer orders                   the proposed rule change will impose
                                             maker as defined in Section 3(a)(38) of the                trade against Priority Customer orders in              any burden on competition not
                                             Securities Exchange Act of 1934, as amended,               Exposure Auctions and the originating                  necessary or appropriate in furtherance
                                             registered in the same options class on another            side is a Priority Customer order, the
                                             options exchange.                                                                                                 of the purposes of the Act. The
                                                12 ‘‘Non-Select Symbols’’ are options overlying all     originating side receives the tiered                   proposed change is not intended to
                                             symbols excluding Select Symbols.                          rebate in Select and Non-Select                        address any competitive issues but
                                                13 Further, Nasdaq ISE Market Makers making or          Symbols, as discussed above. The contra                rather to provide more clarity and
                                             taking liquidity receive a discount of $0.02 when          side Non-Priority Customer is charged                  transparency regarding how Exposure
                                             trading against Priority Customer orders
                                             preferenced to them in the Complex Order Book in
                                                                                                        the taker fee in Select and Non-Select                 Auction orders are charged today. The
                                             equity options that are able to be listed and traded       Symbols, as discussed above.20 Lastly,                 Exchange operates in a highly
                                             on more than one options exchange. This discount           when Priority Customer orders trade                    competitive market in which market
                                             does not apply to FX Options Symbols or to option          against Priority Customer orders in                    participants can readily favor competing
                                             classes designated by the Exchange to receive a
                                             guaranteed allocation pursuant to Nasdaq ISE Rule
                                                                                                        Exposure Auctions, neither the                         venues if they deem fee levels at a
                                             722(b)(3)(i)(B).                                           originating side nor the contra side is                particular venue to be excessive, or
                                                14 Id.                                                  charged a fee or given a rebate because                rebate opportunities available at other
                                                15 The Exchange also currently charges a $0.03
                                                                                                        the Exchange currently does not charge                 venues to be more favorable. In such an
                                             per contract complex surcharge for Non-Priority            a maker or taker fee for Priority                      environment, the Exchange must
                                             Customer complex orders in Non-Select Symbols
                                             that take liquidity from the complex order book,           Customer complex orders, and provides                  continually adjust its fees to remain
                                             excluding complex orders executed in the                   a rebate only if the Priority Customer                 competitive with other exchanges.
                                             Facilitation Mechanism, Solicited Order                    complex order trades against a Non-                    Because competitors are free to modify
                                             Mechanism, Price Improvement Mechanism and                                                                        their own fees in response, and because
                                             Exposure Auctions. See Securities Exchange Act
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                                             Release No. 82644 (February 6, 2018), 83 FR 6069
                                                                                                          17 See   note 13 above.                              market participants may readily adjust
                                             (February 12, 2018) (SR–ISE–2018–10).                        18 Id.                                               their order routing practices, the
                                                16 A ‘‘Priority Customer’’ is a person or entity that     19 The Exchange provides rebates to members for
                                                                                                                                                               Exchange believes that the degree to
                                             is not a broker/dealer in securities, and does not         adding and taking liquidity based on tiers that        which fee changes in this market may
                                             place more than 390 orders in listed options per day       reflect their Priority Customer Complex average
                                             on average during a calendar month for its own             daily volume (‘‘ADV’’) executed during a given
                                             beneficial account(s), as defined in Nasdaq ISE Rule       month.                                                   21 15   U.S.C. 78f(b).
                                             100(a)(37A).                                                 20 See note 15 above.                                  22 15   U.S.C. 78f(b)(4) and (5).



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                                             15664                            Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Notices

                                             impose any burden on competition is                        change that are filed with the                        types of secured transactions, and (3)
                                             extremely limited.                                         Commission, and all written                           how to coordinate between the Law and
                                                                                                        communications relating to the                        the State’s prudential regulatory
                                             C. Self-Regulatory Organization’s
                                                                                                        proposed rule change between the                      framework. Additionally, the Working
                                             Statement on Comments on the
                                                                                                        Commission and any person, other than                 Group will discuss possible future work.
                                             Proposed Rule Change Received From
                                                                                                        those that may be withheld from the                   Documents for the session are available
                                             Members, Participants, or Others
                                                                                                        public in accordance with the                         at http://www.uncitral.org/uncitral/en/
                                               No written comments were either                          provisions of 5 U.S.C. 552, will be                   commission/working_groups/6Security_
                                             solicited or received.                                     available for website viewing and                     Interests.htl
                                             III. Date of Effectiveness of the                          printing in the Commission’s Public                      Time and Place: The public meeting
                                             Proposed Rule Change and Timing for                        Reference Room, 100 F Street NE,                      will take place on April 26 from 10 a.m.
                                             Commission Action                                          Washington, DC 20549, on official                     to 12:30 p.m. EDT, via conference call.
                                                                                                        business days between the hours of                       Public Participation: Those planning
                                                The foregoing rule change has become                    10:00 a.m. and 3:00 p.m. Copies of the                to participate should email pil@state.gov
                                             effective pursuant to Section                              filing also will be available for                     to obtain the call-in number. The
                                             19(b)(3)(A)(ii) of the Act,23 and Rule                     inspection and copying at the principal               number will not be given out until the
                                             19b–4(f)(2) 24 thereunder. At any time                     office of the Exchange. All comments                  afternoon before the public meeting.
                                             within 60 days of the filing of the                        received will be posted without change.
                                             proposed rule change, the Commission                                                                             Michael J. Dennis,
                                                                                                        Persons submitting comments are
                                             summarily may temporarily suspend                                                                                Attorney-Adviser, Office of Private
                                                                                                        cautioned that we do not redact or edit               International Law, Office of the Legal Adviser,
                                             such rule change if it appears to the                      personal identifying information from
                                             Commission that such action is: (i)                                                                              Department of State.
                                                                                                        comment submissions. You should                       [FR Doc. 2018–07457 Filed 4–10–18; 8:45 am]
                                             Necessary or appropriate in the public                     submit only information that you wish
                                             interest; (ii) for the protection of                       to make available publicly. All
                                                                                                                                                              BILLING CODE 4710–08–P
                                             investors; or (iii) otherwise in                           submissions should refer to File
                                             furtherance of the purposes of the Act.                    Number SR–ISE–2018–28 and should be
                                             If the Commission takes such action, the                   submitted on or before May 2, 2018.                   STATE JUSTICE INSTITUTE
                                             Commission shall institute proceedings
                                                                                                          For the Commission, by the Division of              SJI Board of Directors Meeting, Notice
                                             to determine whether the proposed rule
                                                                                                        Trading and Markets, pursuant to delegated
                                             should be approved or disapproved.                         authority.25                                          AGENCY:   State Justice Institute.
                                             IV. Solicitation of Comments                               Eduardo A. Aleman,                                    ACTION:   Notice of meeting.
                                               Interested persons are invited to                        Assistant Secretary.
                                                                                                                                                              SUMMARY:   The SJI Board of Directors
                                             submit written data, views, and                            [FR Doc. 2018–07405 Filed 4–10–18; 8:45 am]
                                                                                                                                                              will be meeting on Monday, April 23,
                                             arguments concerning the foregoing,                        BILLING CODE 8011–01–P                                2018 at 1:00 p.m. The meeting will be
                                             including whether the proposed rule                                                                              held at the St. Louis County Courthouse,
                                             change is consistent with the Act.                                                                               105 S. Central Avenue, Clayton,
                                             Comments may be submitted by any of                        DEPARTMENT OF STATE                                   Missouri. The purpose of this meeting is
                                             the following methods:                                                                                           to consider grant applications for the
                                                                                                        [Public Notice: 10386]
                                             Electronic Comments                                                                                              2nd quarter of FY 2018, and other
                                                                                                        U.S. Department of State Advisory                     business. All portions of this meeting
                                               • Use the Commission’s internet                          Committee on Private International                    are open to the public.
                                             comment form (http://www.sec.gov/                          Law (ACPIL): Public Meeting on                        ADDRESSES: St. Louis County
                                             rules/sro.shtml); or                                       Security Interest
                                               • Send an email to rule-comments@                                                                              Courthouse, 105 S. Central Avenue,
                                             sec.gov. Please include File Number SR–                       The Office of the Assistant Legal                  Clayton, Missouri 63105.
                                             ISE–2018–28 on the subject line.                           Adviser for Private International Law,                FOR FURTHER INFORMATION CONTACT:
                                                                                                        Department of State, hereby gives notice              Jonathan Mattiello, Executive Director,
                                             Paper Comments                                                                                                   State Justice Institute, 11951 Freedom
                                                                                                        that the Advisory Committee on Private
                                               • Send paper comments in triplicate                      International Law (ACPIL) will hold a                 Drive, Suite 1020, Reston, VA 20190,
                                             to Secretary, Securities and Exchange                      public meeting via teleconference to                  571–313–8843, contact@sji.gov.
                                             Commission, 100 F Street NE,                               discuss the next session of the                       Jonathan D. Mattiello,
                                             Washington, DC 20549–1090.                                 UNCITRAL WG VI (Security Interests).                  Executive Director.
                                             All submissions should refer to File                       The next meeting of UNCITRAL
                                                                                                                                                              [FR Doc. 2018–07461 Filed 4–10–18; 8:45 am]
                                             Number SR–ISE–2018–28. This file                           Working Group VI is scheduled for
                                                                                                                                                              BILLING CODE P
                                             number should be included on the                           April 30–May 4, 2018. This public
                                             subject line if email is used. To help the                 meeting is not a meeting of the full
                                             Commission process and review your                         Advisory Committee.
                                             comments more efficiently, please use                         This public meeting will discuss the               SUSQUEHANNA RIVER BASIN
                                             only one method. The Commission will                       Draft Practice Guide to the UNCITRAL                  COMMISSION
                                             post all comments on the Commission’s                      Model Law on Secured Transactions.
                                                                                                                                                              Projects Rescinded for Consumptive
                                             internet website (http://www.sec.gov/                      The Draft Practice Guide provides
                                                                                                                                                              Uses of Water
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                                             rules/sro.shtml). Copies of the                            guidance to users of the Model Law on
                                             submission, all subsequent                                 Secured Transactions on (1) the types of              AGENCY: Susquehanna River Basin
                                             amendments, all written statements                         financing transactions that are possible              Commission.
                                             with respect to the proposed rule                          under the law, (2) how to do a number                 ACTION: Notice.
                                                                                                        of common and commercially important
                                               23 15   U.S.C. 78s(b)(3)(A)(ii).                                                                               SUMMARY:  This notice lists the approved
                                               24 17   CFR 240.19b–4(f)(2).                               25 17   CFR 200.30–3(a)(12).                        by rule projects rescinded by the


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Document Created: 2018-04-10 23:59:18
Document Modified: 2018-04-10 23:59:18
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 15662 

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