83_FR_19207 83 FR 19123 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Market Maker Plus Program Under the Schedule of Fees

83 FR 19123 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Market Maker Plus Program Under the Schedule of Fees

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 84 (May 1, 2018)

Page Range19123-19126
FR Document2018-09115

Federal Register, Volume 83 Issue 84 (Tuesday, May 1, 2018)
[Federal Register Volume 83, Number 84 (Tuesday, May 1, 2018)]
[Notices]
[Pages 19123-19126]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09115]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83105; File No. SR-ISE-2018-36]


Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend the Market 
Maker Plus Program Under the Schedule of Fees

April 25, 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 April 11, 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend the Market Maker Plus program under 
the 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

[[Page 19124]]

forth in sections A, B, and C below, of the most significant aspects of 
such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange operates a Market Maker Plus program for regular 
orders in Select Symbols \3\ whereby Market Makers \4\ that contribute 
to market quality by maintaining tight markets are eligible for 
enhanced rebates. The purpose of the proposed rule change is to amend 
the linked maker rebate for SPY and QQQ, and adopt a similar rebate 
structure for IWM, as described in more detail below. The Exchange 
believes that the proposed changes will encourage Market Makers to make 
quality markets in certain actively traded symbols, and thereby further 
the goals of the Market Maker Plus program.
---------------------------------------------------------------------------

    \3\ ``Select Symbols'' are options overlying all symbols listed 
on the Nasdaq ISE that are in the Penny Pilot Program.
    \4\ The term ``Market Makers'' refers to ``Competitive Market 
Makers'' and ``Primary Market Makers'' collectively. See ISE Rule 
100(a)(28).
---------------------------------------------------------------------------

    Market Makers are evaluated each trading day for the percentage of 
time spent on the National Best Bid or National Best Offer (``NBBO'') 
for qualifying series that expire in two successive thirty calendar day 
periods beginning on that trading day. A Market Maker Plus is a Market 
Maker who is on the NBBO a specified percentage of the time on average 
for the month based on daily performance in the qualifying series for 
each of the two successive periods described above. Qualifying series 
are series trading between $0.03 and $3.00 (for options whose 
underlying stock's previous trading day's last sale price was less than 
or equal to $100) and between $0.10 and $3.00 (for options whose 
underlying stock's previous trading day's last sale price was greater 
than $100) in premium. If a Market Maker would qualify for a different 
Market Maker Plus tier in each of the two successive periods described 
above, then the lower of the two Market Maker Plus tier rebates shall 
apply to all contracts.\5\ These general qualification requirements 
will remain unchanged with the amendments to the applicable Market 
Maker Plus rebates described in this proposed rule change.
---------------------------------------------------------------------------

    \5\ Market Makers may enter quotes in a symbol using one or more 
unique, exchange assigned identifiers--i.e., badge/suffix 
combinations. Market Maker Plus status is calculated independently 
based on quotes entered in a symbol for each of the Market Maker's 
badge/suffix combinations, and the highest tier achieved for any 
badge/suffix combination quoting that symbol applies to executions 
across all badge/suffix combinations that the member uses to trade 
in that symbol.
    A Market Maker's worst quoting day each month for each of the 
two successive periods described above, on a per symbol basis, will 
be excluded in calculating whether a Market Maker qualifies for this 
rebate.
    Other than days where the Exchange closes early for holiday 
observance, any day that the market is not open for the entire 
trading day or the Exchange instructs members in writing to route 
their orders to other markets may be excluded from the Market Maker 
Plus tier calculation; provided that the Exchange will only remove 
the day for members that would have a lower time at the NBBO for the 
specified series with the day included.
---------------------------------------------------------------------------

    Market Maker orders in Select Symbols are charged a maker fee of 
$0.10 per contract; \6\ provided that Market Makers that qualify for 
Market Maker Plus will not pay this fee if they meet the applicable 
tier thresholds set forth in the table below, and will instead receive 
the maker rebates described in the table based on the applicable tier 
for which they qualify.\7\
---------------------------------------------------------------------------

    \6\ This fee also applies to Market Maker orders sent to the 
Exchange by Electronic Access Members.
    \7\ A $0.10 per contract fee applies instead of the applicable 
Market Maker Plus rebate when trading against Priority Customer 
complex orders that leg into the regular order book. There will be 
no fee charged or rebate provided when trading against non-Priority 
Customer complex orders that leg into the regular order book.

                  Select Symbols Other Than SPY and QQQ
------------------------------------------------------------------------
     Market maker plus tier  (specified percentage)        Maker rebate
------------------------------------------------------------------------
Tier 1 (80% to less than 85%)...........................         ($0.15)
Tier 2 (85% to less than 95%)...........................         ($0.18)
Tier 3 (95% or greater).................................         ($0.22)
------------------------------------------------------------------------


                               SPY and QQQ
------------------------------------------------------------------------
   Market maker plus tier  (specified      Regular maker   Linked maker
               percentage)                    rebate          rebate
------------------------------------------------------------------------
Tier 1 (70% to less than 80%)...........         ($0.00)             N/A
Tier 2 (80% to less than 85%)...........         ($0.18)         ($0.16)
Tier 3 (85% to less than 90%)...........         ($0.22)         ($0.20)
Tier 4 (90% or greater).................         ($0.26)         ($0.24)
------------------------------------------------------------------------

    To encourage Market Makers to maintain quality markets in SPY and 
QQQ in particular, members that maintain tight markets in those symbols 
are eligible for higher regular maker rebates and may also be eligible 
for linked maker rebates, as shown in the table above. Specifically, 
Market Makers that qualify for Market Maker Plus Tiers 2-4 for 
executions in SPY or QQQ may be eligible for a linked maker rebate in 
addition to the regular maker rebate for the applicable tier. The 
linked maker rebate applies to executions in SPY or QQQ if the Market 
Maker does not achieve the applicable tier in that symbol but achieves 
the tier (i.e., any of Market Maker Plus Tiers 2-4) for any badge/
suffix combination in the other symbol, in which case the higher tier 
achieved applies to both symbols. The regular maker rebate will be 
provided in the symbol that qualifies the Market Maker for the higher 
tier based on percentage of time at the NBBO.
    The Exchange now proposes two changes to the above rebates. First, 
the Exchange proposes to amend the linked maker rebate for SPY and QQQ. 
Specifically, the Exchange proposes to reduce each of the linked maker 
rebates for SPY and QQQ by one cent per contract such that the 
applicable maker rebate is: (1) $0.15 per contract for Tier 2, (2) 
$0.19 per contract for Tier 3, and (3) $0.23 per contract for Tier 4.
    Second, the Exchange proposes adopt this rebate structure for IWM 
by providing a higher maker rebate in this symbol along with the 
ability to earn linked maker rebates. With the proposed changes, Market 
Makers that meet the requirements of the Market Maker Plus program will 
receive an enhanced rebate in IWM that is equivalent to the rebate 
provided in SPY and QQQ today--i.e., (1) $0.00 per contract (i.e., no 
fee or rebate) for Tier 1, (2) $0.18 per contract for Tier 2, (3) $0.22 
per contract for Tier 3, and (3) $0.26 per contract for Tier 4.
    In addition, the Exchange proposes to adopt the same linked maker 
structure for SPY and IWM as is currently in place for SPY and QQQ. As 
such, the

[[Page 19125]]

Schedule of Fees would provide that the following symbols are linked 
for purposes of the linked maker rebate: (1) SPY and QQQ (i.e., as is 
the case today), and (2) SPY and IWM (i.e., the proposed linked maker 
rebates for SPY and IWM). Linked maker rebates for SPY and IWM would be 
the same as those provided for SPY and QQQ--i.e., no linked maker 
rebate for Tier 1, and a linked maker rebate of $0.15 per contract for 
Tier 2, $0.19 per contract for Tier 3, and $0.23 per contract for Tier 
4--and would be paid based on the same qualification criteria described 
above for SPY and QQQ.
    Because SPY would be separately linked to both QQQ and IWM, the 
Schedule of Fees would also provide that if a Market Maker would 
qualify for a linked maker rebate in SPY based on the tier achieved in 
QQQ and the tier achieved in IWM then the higher of the two linked 
maker rebates will be applied to SPY. Thus, for example, if a Market 
Maker achieves Tier 1 in SPY, Tier 2 in QQQ, and Tier 3 in IWM, the 
Market Maker would receive the Tier 2 regular maker rebate of $0.18 per 
contract in QQQ, the Tier 3 regular maker rebate of $0.22 per contract 
in IWM, and the Tier 3 linked maker rebate of $0.19 per contract in 
SPY--i.e., based on achieving Tier 3 in IWM.
    Furthermore, the Exchange proposes to amend other language 
concerning the Market Maker Plus Program to reinforce the enhanced 
rebate structure for SPY, QQQ, and IWM. This includes changing the 
associated table headings to reference (1) Select Symbols other than 
SPY, QQQ, and IWM, and (2) SPY, QQQ, and IWM. It also includes 
referencing IWM in the footnote that describes the linked maker 
rebates, and adding language that references linked symbols--i.e., SPY/
QQQ and SPY/IWM.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\8\ in general, and furthers the objectives of Sections 
6(b)(4) and 6(b)(5) of the Act,\9\ in particular, in that it provides 
for the equitable allocation of reasonable dues, fees, and other 
charges among members and issuers and other persons using any facility, 
and is not designed to permit unfair discrimination between customers, 
issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed changes to the Market Maker 
Plus program in SPY and QQQ are reasonable and equitable as the 
proposed linked maker rebate is only slightly lower than the current 
linked maker rebate, and is set at a level that the Exchange believes 
will continue to encourage Market Makers to make tight markets in these 
symbols. Furthermore, the Exchange believes that the effect of lower 
rebate is more than offset by the ability to achieve higher rebates 
based on the proposed structure for IWM, which would provide for the 
first time an enhanced rebate for Market Makers that achieve Market 
Maker Plus in IWM, as well as an additional avenue for Market Makers to 
benefit from a linked maker rebate for SPY and IWM.
    In addition, the Exchange believes that the proposed changes to the 
Market Maker Plus program for IWM are reasonable and equitable as these 
changes would increase rebates for Market Makers that qualify for 
Market Maker Plus in IWM, including linked maker rebates that will now 
be provided between SPY and IWM in addition to SPY and QQQ. The 
Exchange has selected IWM to benefit from increased rebates--including 
increased linked maker rebates that are tied to SPY--as IWM is among 
the most actively traded symbols traded on ISE, similar to SPY and QQQ, 
which benefit from a similar treatment today. Because SPY is the most 
single most actively traded product on the Exchange overall, it will be 
linked to both QQQ and IWM, which the Exchange believes will serve as 
an important incentive for Market Makers that support the Exchange by 
making quality markets. The rule also provides that in the event a 
Market Maker is eligible for linked maker rebates in SPY based on the 
tier achieved in QQQ and the tier achieved in IWM then the higher of 
the two linked maker rebates will be applied to SPY, thereby ensuring 
that the Market Maker will always benefit from the higher incentive.
    The Market Maker Plus program is designed to attract liquidity from 
Market Makers and provide incentives for those Market Makers to 
maintain tight markets, measured by time spent quoting at the NBBO. The 
Exchange believes the proposed rule change will further encourage 
Market Makers to maintain quality markets in the most actively traded 
symbols on ISE, to the benefit of all market participants that trade on 
the Exchange. Specifically, the proposed changes may encourage better 
market quality in IWM as Market Makers are incentivized by higher 
rebates and the ability to earn linked maker rebates in SPY. Similarly, 
the Exchange believes that the proposed changes may encourage better 
market quality in SPY as Market Makers would be able to earn linked 
maker rebates in IWM in addition to the other rebates that they may 
qualify for today. Furthermore, the proposed rebates and rebate 
structure for IWM would be identical to that in place for SPY and QQQ, 
which the Exchange believes has successfully encouraged Market Makers 
to make quality markets on ISE. The Exchange therefore believes that 
expanding this program has the potential to further benefit market 
quality on ISE, creating a more active and liquid market for options 
traded on the Exchange.
    The Exchange also believes that the proposed changes are not 
unfairly discriminatory as all Market Makers can qualify for Market 
Maker Plus by meeting program requirements that are designed to 
incentivize Market Markets to maintain quality markets. With the 
proposed changes, SPY, QQQ, and IWM will each be subject to enhanced 
rebates that are designed to incentivize Market Makers to make quality 
markets in these highly active symbols. Market Makers that show 
commitment to market quality by maintaining quotes that qualify them 
for a higher tier in these symbols will earn higher rebates, including 
the possibility to earn linked maker rebates. Furthermore, the Exchange 
continues to believe that it is not unfairly discriminatory to offer 
these rebates only to Market Makers as Market Makers, and, in 
particular, those Market Makers that achieve Market Maker Plus status, 
are subject to additional requirements and obligations (such as quoting 
requirements) that other market participants are not.

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 that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed changes to the 
Market Maker Plus program are designed to increase competition by 
encouraging Market Makers to provide liquidity and maintain tight 
markets in some of the most actively traded symbols on the Exchange. 
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

[[Page 19126]]

changes in this market may impose any burden on competition is 
extremely limited.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Act,\10\ and Rule 19b-4(f)(2) \11\ 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.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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-2018-36 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-2018-36. 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-2018-36 and should be submitted on 
or before May 22, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-09115 Filed 4-30-18; 8:45 am]
BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Notices                                                 19123

                                             to prevent fraudulent and manipulative                  action is necessary or appropriate in the             Number SR–BOX–2018–12, and should
                                             acts and practices, to promote just and                 public interest, for the protection of                be submitted on or before May 22, 2018.
                                             equitable principles of trade, to remove                investors, or otherwise in furtherance of               For the Commission, by the Division of
                                             impediments to and perfect the                          the purposes of the Act. If the                       Trading and Markets, pursuant to delegated
                                             mechanism of a free and open market                     Commission takes such action, the                     authority.7
                                             and a national market system, and, in                   Commission shall institute proceedings                Eduardo A. Aleman,
                                             general, to protect investors and the                   to determine whether the proposed rule                Assistant Secretary.
                                             public interest. The Exchange believes                  should be approved or disapproved.                    [FR Doc. 2018–09113 Filed 4–30–18; 8:45 am]
                                             the proposed rule change provides
                                                                                                     IV. Solicitation of Comments                          BILLING CODE 8011–01–P
                                             clarity for market participants regarding
                                             the expiration date of the Pilot Program.                 Interested persons are invited to
                                                                                                     submit written data, views, and
                                             B. Self-Regulatory Organization’s                                                                             SECURITIES AND EXCHANGE
                                                                                                     arguments concerning the foregoing,
                                             Statement on Burden on Competition                                                                            COMMISSION
                                                                                                     including whether the proposed rule
                                               The Exchange does not believe that                    change is consistent with the Act.                    [Release No. 34–83105; File No. SR–ISE–
                                             the proposed rule change will impose                    Comments may be submitted by any of                   2018–36]
                                             any burden on competition not                           the following methods:
                                             necessary or appropriate in furtherance                                                                       Self-Regulatory Organizations; Nasdaq
                                                                                                     Electronic Comments                                   ISE, LLC; Notice of Filing and
                                             of the purposes of the Act. The
                                             Exchange notes that the proposed                          • Use the Commission’s internet                     Immediate Effectiveness of Proposed
                                             change will alert market participants of                comment form (http://www.sec.gov/                     Rule Change To Amend the Market
                                             the expiration of the Pilot Program. The                rules/sro.shtml); or                                  Maker Plus Program Under the
                                             proposed change also allows the                           • Send an email to rule-comments@                   Schedule of Fees
                                             Exchange to submit a new proposed rule                  sec.gov. Please include File Number SR–
                                                                                                                                                           April 25, 2018.
                                             change with the Commission to re-                       BOX–2018–12 on the subject line.
                                                                                                                                                              Pursuant to Section 19(b)(1) of the
                                             instate the Pilot Program for the listing               Paper Comments                                        Securities Exchange Act of 1934
                                             and trading of options settling to the                                                                        (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                             RealVolTM SPY Index at a later date. As                    • Send paper comments in triplicate
                                                                                                     to Secretary, Securities and Exchange                 notice is hereby given that on April 11,
                                             such, the Exchange does not believe that                                                                      2018, Nasdaq ISE, LLC (‘‘ISE’’ or
                                             the proposed rule change will impose                    Commission, 100 F Street NE,
                                                                                                     Washington, DC 20549–1090.                            ‘‘Exchange’’) filed with the Securities
                                             any burden on competition not                                                                                 and Exchange Commission
                                             necessary or appropriate in furtherance                 All submissions should refer to File
                                                                                                     Number SR–BOX–2018–12. This file                      (‘‘Commission’’) the proposed rule
                                             of the purposes of the Act.                                                                                   change as described in Items I and II
                                                                                                     number should be included on the
                                             C. Self-Regulatory Organization’s                       subject line if email is used. To help the            below, which Items have been prepared
                                             Statement on Comments on the                            Commission process and review your                    by the Exchange. The Commission is
                                             Proposed Rule Change Received From                      comments more efficiently, please use                 publishing this notice to solicit
                                             Members, Participants, or Others                        only one method. The Commission will                  comments on the proposed rule change
                                               The Exchange has neither solicited                    post all comments on the Commission’s                 from interested persons.
                                             nor received comments on the proposed                   internet website (http://www.sec.gov/                 I. Self-Regulatory Organization’s
                                             rule change.                                            rules/sro.shtml). Copies of the                       Statement of the Terms of Substance of
                                                                                                     submission, all subsequent                            the Proposed Rule Change
                                             III. Date of Effectiveness of the
                                                                                                     amendments, all written statements
                                             Proposed Rule Change and Timing for                                                                              The Exchange proposes to amend the
                                                                                                     with respect to the proposed rule
                                             Commission Action                                                                                             Market Maker Plus program under the
                                                                                                     change that are filed with the
                                                Because the proposed rule change                                                                           Schedule of Fees.
                                                                                                     Commission, and all written                              The text of the proposed rule change
                                             does not (i) significantly affect the                   communications relating to the
                                             protection of investors or the public                                                                         is available on the Exchange’s website at
                                                                                                     proposed rule change between the                      http://ise.cchwallstreet.com/, at the
                                             interest; (ii) impose any significant                   Commission and any person, other than
                                             burden on competition; and (iii) become                                                                       principal office of the Exchange, and at
                                                                                                     those that may be withheld from the                   the Commission’s Public Reference
                                             operative for 30 days from the date on                  public in accordance with the
                                             which it was filed, or such shorter time                                                                      Room.
                                                                                                     provisions of 5 U.S.C. 552, will be
                                             as the Commission may designate, it has                 available for website viewing and                     II. Self-Regulatory Organization’s
                                             become effective pursuant to Section                    printing in the Commission’s Public                   Statement of the Purpose of, and
                                             19(b)(3)(A) of the Act 5 and Rule 19b–                  Reference Room, 100 F Street NE,                      Statutory Basis for, the Proposed Rule
                                             4(f)(6) thereunder.6                                    Washington, DC 20549, on official                     Change
                                                At any time within 60 days of the                    business days between the hours of
                                             filing of the proposed rule change, the                                                                          In its filing with the Commission, the
                                                                                                     10:00 a.m. and 3:00 p.m. Copies of the                Exchange included statements
                                             Commission summarily may                                filing also will be available for
                                             temporarily suspend such rule change if                                                                       concerning the purpose of and basis for
                                                                                                     inspection and copying at the principal               the proposed rule change and discussed
                                             it appears to the Commission that such                  office of the Exchange. All comments                  any comments it received on the
                                               5 15
                                                                                                     received will be posted without change.               proposed rule change. The text of these
                                                     U.S.C. 78s(b)(3)(A).
amozie on DSK30RV082PROD with NOTICES




                                               6 17
                                                                                                     Persons submitting comments are                       statements may be examined at the
                                                     CFR 240.19b–4(f)(6). As required under Rule
                                             19b–4(f)(6)(iii), the Exchange provided the             cautioned that we do not redact or edit               places specified in Item IV below. The
                                             Commission with written notice of its intent to file    personal identifying information from                 Exchange has prepared summaries, set
                                             the proposed rule change, along with a brief            comment submissions. You should
                                             description and the text of the proposed rule
                                             change, at least five business days prior to the date
                                                                                                     submit only information that you wish                   7 17 CFR 200.30–3(a)(12).
                                             of filing of the proposed rule change, or such          to make available publicly. All                         1 15 U.S.C. 78s(b)(1).
                                             shorter time as designated by the Commission.           submissions should refer to File                        2 17 CFR 240.19b–4.




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                                             19124                                       Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Notices

                                             forth in sections A, B, and C below, of                                      Market Makers are evaluated each                                          requirements will remain unchanged
                                             the most significant aspects of such                                      trading day for the percentage of time                                       with the amendments to the applicable
                                             statements.                                                               spent on the National Best Bid or                                            Market Maker Plus rebates described in
                                                                                                                       National Best Offer (‘‘NBBO’’) for                                           this proposed rule change.
                                             A. Self-Regulatory Organization’s                                         qualifying series that expire in two
                                             Statement of the Purpose of, and                                                                                                                         Market Maker orders in Select
                                                                                                                       successive thirty calendar day periods
                                             Statutory Basis for, the Proposed Rule                                                                                                                 Symbols are charged a maker fee of
                                                                                                                       beginning on that trading day. A Market
                                             Change                                                                                                                                                 $0.10 per contract; 6 provided that
                                                                                                                       Maker Plus is a Market Maker who is on
                                                                                                                       the NBBO a specified percentage of the                                       Market Makers that qualify for Market
                                             1. Purpose                                                                                                                                             Maker Plus will not pay this fee if they
                                                                                                                       time on average for the month based on
                                                                                                                       daily performance in the qualifying                                          meet the applicable tier thresholds set
                                                The Exchange operates a Market
                                                                                                                       series for each of the two successive                                        forth in the table below, and will
                                             Maker Plus program for regular orders
                                                                                                                       periods described above. Qualifying                                          instead receive the maker rebates
                                             in Select Symbols 3 whereby Market
                                                                                                                       series are series trading between $0.03                                      described in the table based on the
                                             Makers 4 that contribute to market
                                                                                                                       and $3.00 (for options whose underlying                                      applicable tier for which they qualify.7
                                             quality by maintaining tight markets are
                                             eligible for enhanced rebates. The                                        stock’s previous trading day’s last sale
                                                                                                                       price was less than or equal to $100)                                          SELECT SYMBOLS OTHER THAN SPY
                                             purpose of the proposed rule change is
                                                                                                                       and between $0.10 and $3.00 (for                                                          AND QQQ
                                             to amend the linked maker rebate for
                                                                                                                       options whose underlying stock’s
                                             SPY and QQQ, and adopt a similar                                          previous trading day’s last sale price                                            Market maker plus tier
                                             rebate structure for IWM, as described                                                                                                                                                             Maker rebate
                                                                                                                       was greater than $100) in premium. If a                                           (specified percentage)
                                             in more detail below. The Exchange                                        Market Maker would qualify for a
                                             believes that the proposed changes will                                   different Market Maker Plus tier in each                                     Tier 1 (80% to less than
                                             encourage Market Makers to make                                                                                                                          85%) ..................................         ($0.15)
                                                                                                                       of the two successive periods described
                                             quality markets in certain actively                                                                                                                    Tier 2 (85% to less than
                                                                                                                       above, then the lower of the two Market                                        95%) ..................................         ($0.18)
                                             traded symbols, and thereby further the                                   Maker Plus tier rebates shall apply to all                                   Tier 3 (95% or greater) .........                 ($0.22)
                                             goals of the Market Maker Plus program.                                   contracts.5 These general qualification
                                                                                                                                             SPY AND QQQ
                                                                                                               Market maker plus tier                                                                                     Regular maker         Linked maker
                                                                                                               (specified percentage)                                                                                        rebate                 rebate

                                             Tier   1   (70%   to less than 80%) ................................................................................................................................                  ($0.00)               N/A
                                             Tier   2   (80%   to less than 85%) ................................................................................................................................                  ($0.18)            ($0.16)
                                             Tier   3   (85%   to less than 90%) ................................................................................................................................                  ($0.22)            ($0.20)
                                             Tier   4   (90%   or greater) ............................................................................................................................................            ($0.26)            ($0.24)



                                                To encourage Market Makers to                                          badge/suffix combination in the other                                           Second, the Exchange proposes adopt
                                             maintain quality markets in SPY and                                       symbol, in which case the higher tier                                        this rebate structure for IWM by
                                             QQQ in particular, members that                                           achieved applies to both symbols. The                                        providing a higher maker rebate in this
                                             maintain tight markets in those symbols                                   regular maker rebate will be provided in                                     symbol along with the ability to earn
                                             are eligible for higher regular maker                                     the symbol that qualifies the Market                                         linked maker rebates. With the proposed
                                             rebates and may also be eligible for                                      Maker for the higher tier based on                                           changes, Market Makers that meet the
                                             linked maker rebates, as shown in the                                     percentage of time at the NBBO.                                              requirements of the Market Maker Plus
                                             table above. Specifically, Market Makers                                     The Exchange now proposes two                                             program will receive an enhanced rebate
                                             that qualify for Market Maker Plus Tiers                                  changes to the above rebates. First, the                                     in IWM that is equivalent to the rebate
                                             2–4 for executions in SPY or QQQ may                                      Exchange proposes to amend the linked                                        provided in SPY and QQQ today—i.e.,
                                             be eligible for a linked maker rebate in                                  maker rebate for SPY and QQQ.                                                (1) $0.00 per contract (i.e., no fee or
                                             addition to the regular maker rebate for                                  Specifically, the Exchange proposes to                                       rebate) for Tier 1, (2) $0.18 per contract
                                             the applicable tier. The linked maker                                     reduce each of the linked maker rebates                                      for Tier 2, (3) $0.22 per contract for Tier
                                             rebate applies to executions in SPY or                                    for SPY and QQQ by one cent per                                              3, and (3) $0.26 per contract for Tier 4.
                                             QQQ if the Market Maker does not                                          contract such that the applicable maker                                         In addition, the Exchange proposes to
                                             achieve the applicable tier in that                                       rebate is: (1) $0.15 per contract for Tier                                   adopt the same linked maker structure
                                             symbol but achieves the tier (i.e., any of                                2, (2) $0.19 per contract for Tier 3, and                                    for SPY and IWM as is currently in
                                             Market Maker Plus Tiers 2–4) for any                                      (3) $0.23 per contract for Tier 4.                                           place for SPY and QQQ. As such, the
                                                3 ‘‘Select Symbols’’ are options overlying all                         combination quoting that symbol applies to                                   Maker Plus tier calculation; provided that the
                                             symbols listed on the Nasdaq ISE that are in the                          executions across all badge/suffix combinations that                         Exchange will only remove the day for members
                                             Penny Pilot Program.                                                      the member uses to trade in that symbol.                                     that would have a lower time at the NBBO for the
                                                4 The term ‘‘Market Makers’’ refers to                                   A Market Maker’s worst quoting day each month                              specified series with the day included.
                                             ‘‘Competitive Market Makers’’ and ‘‘Primary Market                        for each of the two successive periods described                               6 This fee also applies to Market Maker orders
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                                             Makers’’ collectively. See ISE Rule 100(a)(28).                           above, on a per symbol basis, will be excluded in                            sent to the Exchange by Electronic Access Members.
                                                5 Market Makers may enter quotes in a symbol                           calculating whether a Market Maker qualifies for                               7 A $0.10 per contract fee applies instead of the

                                             using one or more unique, exchange assigned                               this rebate.                                                                 applicable Market Maker Plus rebate when trading
                                             identifiers—i.e., badge/suffix combinations. Market                         Other than days where the Exchange closes early                            against Priority Customer complex orders that leg
                                             Maker Plus status is calculated independently                             for holiday observance, any day that the market is                           into the regular order book. There will be no fee
                                             based on quotes entered in a symbol for each of the                       not open for the entire trading day or the Exchange                          charged or rebate provided when trading against
                                             Market Maker’s badge/suffix combinations, and the                         instructs members in writing to route their orders                           non-Priority Customer complex orders that leg into
                                             highest tier achieved for any badge/suffix                                to other markets may be excluded from the Market                             the regular order book.



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                                                                                  Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Notices                                          19125

                                             Schedule of Fees would provide that the                    slightly lower than the current linked                that they may qualify for today.
                                             following symbols are linked for                           maker rebate, and is set at a level that              Furthermore, the proposed rebates and
                                             purposes of the linked maker rebate: (1)                   the Exchange believes will continue to                rebate structure for IWM would be
                                             SPY and QQQ (i.e., as is the case today),                  encourage Market Makers to make tight                 identical to that in place for SPY and
                                             and (2) SPY and IWM (i.e., the proposed                    markets in these symbols. Furthermore,                QQQ, which the Exchange believes has
                                             linked maker rebates for SPY and IWM).                     the Exchange believes that the effect of              successfully encouraged Market Makers
                                             Linked maker rebates for SPY and IWM                       lower rebate is more than offset by the               to make quality markets on ISE. The
                                             would be the same as those provided for                    ability to achieve higher rebates based               Exchange therefore believes that
                                             SPY and QQQ—i.e., no linked maker                          on the proposed structure for IWM,                    expanding this program has the
                                             rebate for Tier 1, and a linked maker                      which would provide for the first time                potential to further benefit market
                                             rebate of $0.15 per contract for Tier 2,                   an enhanced rebate for Market Makers                  quality on ISE, creating a more active
                                             $0.19 per contract for Tier 3, and $0.23                   that achieve Market Maker Plus in IWM,                and liquid market for options traded on
                                             per contract for Tier 4—and would be                       as well as an additional avenue for                   the Exchange.
                                             paid based on the same qualification                       Market Makers to benefit from a linked                  The Exchange also believes that the
                                             criteria described above for SPY and                       maker rebate for SPY and IWM.                         proposed changes are not unfairly
                                             QQQ.                                                          In addition, the Exchange believes                 discriminatory as all Market Makers can
                                                Because SPY would be separately                         that the proposed changes to the Market               qualify for Market Maker Plus by
                                             linked to both QQQ and IWM, the                            Maker Plus program for IWM are                        meeting program requirements that are
                                             Schedule of Fees would also provide                        reasonable and equitable as these                     designed to incentivize Market Markets
                                             that if a Market Maker would qualify for                   changes would increase rebates for                    to maintain quality markets. With the
                                             a linked maker rebate in SPY based on                      Market Makers that qualify for Market                 proposed changes, SPY, QQQ, and IWM
                                             the tier achieved in QQQ and the tier                      Maker Plus in IWM, including linked                   will each be subject to enhanced rebates
                                             achieved in IWM then the higher of the                     maker rebates that will now be provided               that are designed to incentivize Market
                                             two linked maker rebates will be                           between SPY and IWM in addition to                    Makers to make quality markets in these
                                             applied to SPY. Thus, for example, if a                    SPY and QQQ. The Exchange has                         highly active symbols. Market Makers
                                             Market Maker achieves Tier 1 in SPY,                       selected IWM to benefit from increased                that show commitment to market
                                             Tier 2 in QQQ, and Tier 3 in IWM, the                      rebates—including increased linked                    quality by maintaining quotes that
                                             Market Maker would receive the Tier 2                      maker rebates that are tied to SPY—as                 qualify them for a higher tier in these
                                             regular maker rebate of $0.18 per                          IWM is among the most actively traded                 symbols will earn higher rebates,
                                             contract in QQQ, the Tier 3 regular                        symbols traded on ISE, similar to SPY                 including the possibility to earn linked
                                             maker rebate of $0.22 per contract in                      and QQQ, which benefit from a similar                 maker rebates. Furthermore, the
                                             IWM, and the Tier 3 linked maker rebate                    treatment today. Because SPY is the                   Exchange continues to believe that it is
                                             of $0.19 per contract in SPY—i.e., based                   most single most actively traded                      not unfairly discriminatory to offer
                                             on achieving Tier 3 in IWM.                                product on the Exchange overall, it will              these rebates only to Market Makers as
                                                Furthermore, the Exchange proposes                      be linked to both QQQ and IWM, which                  Market Makers, and, in particular, those
                                             to amend other language concerning the                     the Exchange believes will serve as an                Market Makers that achieve Market
                                             Market Maker Plus Program to reinforce                     important incentive for Market Makers                 Maker Plus status, are subject to
                                             the enhanced rebate structure for SPY,                     that support the Exchange by making                   additional requirements and obligations
                                             QQQ, and IWM. This includes changing                       quality markets. The rule also provides               (such as quoting requirements) that
                                             the associated table headings to                           that in the event a Market Maker is                   other market participants are not.
                                             reference (1) Select Symbols other than                    eligible for linked maker rebates in SPY
                                                                                                                                                              B. Self-Regulatory Organization’s
                                             SPY, QQQ, and IWM, and (2) SPY,                            based on the tier achieved in QQQ and
                                                                                                                                                              Statement on Burden on Competition
                                             QQQ, and IWM. It also includes                             the tier achieved in IWM then the
                                             referencing IWM in the footnote that                       higher of the two linked maker rebates                  The Exchange does not believe that
                                             describes the linked maker rebates, and                    will be applied to SPY, thereby ensuring              the proposed rule change will impose
                                             adding language that references linked                     that the Market Maker will always                     any burden on competition that is not
                                             symbols—i.e., SPY/QQQ and SPY/IWM.                         benefit from the higher incentive.                    necessary or appropriate in furtherance
                                                                                                           The Market Maker Plus program is                   of the purposes of the Act. The
                                             2. Statutory Basis                                         designed to attract liquidity from Market             proposed changes to the Market Maker
                                                The Exchange believes that its                          Makers and provide incentives for those               Plus program are designed to increase
                                             proposal is consistent with Section 6(b)                   Market Makers to maintain tight                       competition by encouraging Market
                                             of the Act,8 in general, and furthers the                  markets, measured by time spent                       Makers to provide liquidity and
                                             objectives of Sections 6(b)(4) and 6(b)(5)                 quoting at the NBBO. The Exchange                     maintain tight markets in some of the
                                             of the Act,9 in particular, in that it                     believes the proposed rule change will                most actively traded symbols on the
                                             provides for the equitable allocation of                   further encourage Market Makers to                    Exchange. The Exchange operates in a
                                             reasonable dues, fees, and other charges                   maintain quality markets in the most                  highly competitive market in which
                                             among members and issuers and other                        actively traded symbols on ISE, to the                market participants can readily favor
                                             persons using any facility, and is not                     benefit of all market participants that               competing venues if they deem fee
                                             designed to permit unfair                                  trade on the Exchange. Specifically, the              levels at a particular venue to be
                                             discrimination between customers,                          proposed changes may encourage better                 excessive, or rebate opportunities
                                             issuers, brokers, or dealers.                              market quality in IWM as Market                       available at other venues to be more
                                                The Exchange believes that the                          Makers are incentivized by higher                     favorable. In such an environment, the
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                                             proposed changes to the Market Maker                       rebates and the ability to earn linked                Exchange must continually adjust its
                                             Plus program in SPY and QQQ are                            maker rebates in SPY. Similarly, the                  fees to remain competitive. Because
                                             reasonable and equitable as the                            Exchange believes that the proposed                   competitors are free to modify their own
                                             proposed linked maker rebate is only                       changes may encourage better market                   fees in response, and because market
                                                                                                        quality in SPY as Market Makers would                 participants may readily adjust their
                                               8 15   U.S.C. 78f(b).                                    be able to earn linked maker rebates in               order routing practices, the Exchange
                                               9 15   U.S.C. 78f(b)(4) and (5).                         IWM in addition to the other rebates                  believes that the degree to which fee


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                                             19126                                Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Notices

                                             changes in this market may impose any                      with respect to the proposed rule                       Commissioner Peirce, as duty officer,
                                             burden on competition is extremely                         change that are filed with the                        voted to consider the items listed for the
                                             limited.                                                   Commission, and all written                           closed meeting in closed session.
                                                                                                        communications relating to the                          The subject matters of the closed
                                             C. Self-Regulatory Organization’s                                                                                meeting will be:
                                                                                                        proposed rule change between the
                                             Statement on Comments on the                                                                                       Institution and settlement of
                                                                                                        Commission and any person, other than
                                             Proposed Rule Change Received From                                                                               injunctive actions;
                                                                                                        those that may be withheld from the
                                             Members, Participants, or Others                                                                                   Institution and settlement of
                                                                                                        public in accordance with the
                                               No written comments were either                          provisions of 5 U.S.C. 552, will be                   administrative proceedings; and
                                             solicited or received.                                     available for website viewing and                       Other matters relating to enforcement
                                                                                                        printing in the Commission’s Public                   proceedings.
                                             III. Date of Effectiveness of the                                                                                  At times, changes in Commission
                                             Proposed Rule Change and Timing for                        Reference Room, 100 F Street NE,
                                                                                                        Washington, DC 20549, on official                     priorities require alterations in the
                                             Commission Action                                                                                                scheduling of meeting items.
                                                                                                        business days between the hours of
                                                The foregoing rule change has become                    10:00 a.m. and 3:00 p.m. Copies of the                CONTACT PERSON FOR MORE INFORMATION:
                                             effective pursuant to Section                              filing also will be available for                     For further information and to ascertain
                                             19(b)(3)(A)(ii) of the Act,10 and Rule                     inspection and copying at the principal               what, if any, matters have been added,
                                             19b–4(f)(2) 11 thereunder. At any time                     office of the Exchange. All comments                  deleted or postponed; please contact
                                             within 60 days of the filing of the                        received will be posted without change.               Brent J. Fields from the Office of the
                                             proposed rule change, the Commission                       Persons submitting comments are                       Secretary at (202) 551–5400.
                                             summarily may temporarily suspend                          cautioned that we do not redact or edit                 Dated: April 26, 2018.
                                             such rule change if it appears to the                      personal identifying information from                 Brent J. Fields,
                                             Commission that such action is: (i)                        comment submissions. You should                       Secretary.
                                             Necessary or appropriate in the public                     submit only information that you wish                 [FR Doc. 2018–09256 Filed 4–27–18; 11:15 am]
                                             interest; (ii) for the protection of                       to make available publicly. All                       BILLING CODE 8011–01–P
                                             investors; or (iii) otherwise in                           submissions should refer to File
                                             furtherance of the purposes of the Act.                    Number SR–ISE–2018–36 and should be
                                             If the Commission takes such action, the                   submitted on or before May 22, 2018.                  SECURITIES AND EXCHANGE
                                             Commission shall institute proceedings                                                                           COMMISSION
                                             to determine whether the proposed rule                       For the Commission, by the Division of
                                                                                                        Trading and Markets, pursuant to delegated            [Release No. 34–83102; File No. SR-
                                             should be approved or disapproved.                         authority.12                                          CboeBZX–2018–019]
                                             IV. Solicitation of Comments                               Eduardo A. Aleman,
                                               Interested persons are invited to                        Assistant Secretary.                                  Self-Regulatory Organizations; Cboe
                                             submit written data, views, and                            [FR Doc. 2018–09115 Filed 4–30–18; 8:45 am]           BZX Exchange, Inc.; Notice of
                                             arguments concerning the foregoing,                        BILLING CODE 8011–01–P                                Designation of a Longer Period for
                                             including whether the proposed rule                                                                              Commission Action on a Proposed
                                             change is consistent with the Act.                                                                               Rule Change To List and Trade on the
                                             Comments may be submitted by any of                        SECURITIES AND EXCHANGE                               Exchange Shares of Eighteen
                                             the following methods:                                     COMMISSION                                            ADRPLUS Funds of the Precidian ETFs
                                                                                                                                                              Trust Under Rule 14.11(i), Managed
                                             Electronic Comments                                        Sunshine Act Meetings                                 Fund Shares
                                               • Use the Commission’s internet                                                                                April 25, 2018.
                                             comment form (http://www.sec.gov/                          TIME AND DATE:       2:00 p.m. on Thursday,
                                                                                                        May 3, 2018.                                            On March 5, 2018, Cboe BZX
                                             rules/sro.shtml); or                                                                                             Exchange, Inc. (‘‘Exchange’’) filed with
                                               • Send an email to rule-comments@                        PLACE:Closed Commission Hearing                       the Securities and Exchange
                                             sec.gov. Please include File Number SR–                    Room 10800.                                           Commission (‘‘Commission’’), pursuant
                                             ISE–2018–36 on the subject line.
                                                                                                                                                              to Section 19(b)(1) of the Securities
                                                                                                        STATUS: This meeting will be closed to
                                             Paper Comments                                                                                                   Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                                                                        the public.
                                               • Send paper comments in triplicate                                                                            19b–4 thereunder,2 a proposed rule
                                                                                                        MATTERS TO BE CONSIDERED:                             change to list and trade on the
                                             to Secretary, Securities and Exchange
                                             Commission, 100 F Street NE,                               Commissioners, Counsel to the                         Exchange, under Exchange Rule
                                             Washington, DC 20549–1090.                                 Commissioners, the Secretary to the                   14.11(i), ‘‘Managed Fund Shares,’’
                                                                                                        Commission, and recording secretaries                 shares of eighteen ADRPLUS Funds of
                                             All submissions should refer to File                       will attend the closed meeting. Certain               the Precidian ETFs Trust. The proposed
                                             Number SR–ISE–2018–36. This file                           staff members who have an interest in                 rule change was published for comment
                                             number should be included on the                           the matters also may be present.                      in the Federal Register on March 21,
                                             subject line if email is used. To help the
                                                                                                           The General Counsel of the                         2018.3 The Commission has received no
                                             Commission process and review your
                                                                                                        Commission, or his designee, has                      comment letters on the proposed rule
                                             comments more efficiently, please use
                                                                                                        certified that, in his opinion, one or                change.
                                             only one method. The Commission will                                                                               Section 19(b)(2) of the Act 4 provides
                                             post all comments on the Commission’s                      more of the exemptions set forth in 5
                                                                                                                                                              that, within 45 days of the publication
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                                             internet website (http://www.sec.gov/                      U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B)
                                                                                                        and (10) and 17 CFR 200.402(a)(3),                    of notice of the filing of a proposed rule
                                             rules/sro.shtml). Copies of the
                                             submission, all subsequent                                 (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and          1 15 U.S.C. 78s(b)(1).
                                             amendments, all written statements                         (a)(10), permit consideration of the                    2 17 CFR 240.19b–4.
                                                                                                        scheduled matters at the closed meeting.                3 See Securities Exchange Act Release No. 82881
                                               10 15   U.S.C. 78s(b)(3)(A)(ii).                                                                               (March 15, 2018), 83 FR 12449.
                                               11 17   CFR 240.19b–4(f)(2).                               12 17   CFR 200.30–3(a)(12).                          4 15 U.S.C. 78s(b)(2).




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Document Created: 2018-05-01 00:24:24
Document Modified: 2018-05-01 00:24:24
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 19123 

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