83_FR_23851 83 FR 23752 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchanges Schedule of Fees

83 FR 23752 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchanges Schedule of Fees

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 99 (May 22, 2018)

Page Range23752-23755
FR Document2018-10830

Federal Register, Volume 83 Issue 99 (Tuesday, May 22, 2018)
[Federal Register Volume 83, Number 99 (Tuesday, May 22, 2018)]
[Notices]
[Pages 23752-23755]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10830]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83257; File No. SR-ISE-2018-42]


Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend the 
Exchanges Schedule of Fees

May 16, 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 May 1, 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 Exchanges Schedule of Fees.
    The text of the proposed rule change is available on the Exchange's 
website at http://ise.cchwallstreet.com/, at the principal office of 
the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

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

1. Purpose
    The purpose of the proposed rule change is to amend the Exchange's 
Schedule of Fees, as described further below.

[[Page 23753]]

Fee for Responses to PIM Orders
    Currently, for regular orders in Non-Select Symbols,\3\ the 
Exchange charges all market participants a fee for Responses to Price 
Improvement Mechanism (``PIM'') orders that is $0.20 per contract. For 
complex orders in both Select Symbols \4\ and Non-Select Symbols, the 
fee for Responses to PIM orders is likewise $0.20 per contract for all 
market participants. The Exchange now proposes to increase the 
aforementioned fees to $0.25 per contract for all market participants.
---------------------------------------------------------------------------

    \3\ ``Non-Select Symbols'' are options overlying all symbols 
excluding Select Symbols.
    \4\ ``Select Symbols'' are options overlying all symbols listed 
on the Nasdaq ISE that are in the Penny Pilot Program.
---------------------------------------------------------------------------

Fee for Responses to Crossing Orders Except PIM Orders
    Today, the Exchange charges all market participants a fee for 
Responses to Crossing Orders \5\ except PIM orders that is $0.48 per 
contract for complex orders in Select Symbols. The Exchange now 
proposes to increase this fee to $0.50 per contract for all market 
participants.
---------------------------------------------------------------------------

    \5\ A ``Crossing Order'' is an order executed in the Exchange's 
Facilitation Mechanism, Solicited Order Mechanism, PIM or submitted 
as a Qualified Contingent Cross (``QCC'') order. For purposes of the 
Fee Schedule, orders executed in the Block Order Mechanism are also 
considered Crossing Orders.
---------------------------------------------------------------------------

QCC and Solicitation Rebate
    Currently, members using QCC and/or other solicited crossing 
orders, including solicited orders executed in the Solicitation, 
Facilitation or Price Improvement Mechanisms, receive rebates for each 
originating contract side in all symbols traded on the Exchange. Once a 
member reaches a certain volume threshold in QCC orders and/or 
solicited crossing orders during a month, the Exchange provides rebates 
to that member for all of its QCC and solicited crossing order traded 
contracts for that month.\6\ The applicable rebates are applied on QCC 
and solicited crossing order traded contracts once the volume threshold 
is met. Members receive the Non-``Customer to Customer'' rebate for all 
QCC and/or other solicited crossing orders except for QCC and solicited 
orders between two Priority Customers.\7\ QCC and solicited orders 
between two Priority Customers receive the ``Customer to Customer'' 
rebate. Non-``Customer to Customer'' and ``Customer to Customer'' 
volume is aggregated in determining the applicable volume tier. The 
current volume threshold and corresponding rebates are as follows:
---------------------------------------------------------------------------

    \6\ All eligible volume from affiliated members will be 
aggregated in determining QCC and Solicitation volume totals, 
provided there is at least 75% common ownership between the members 
as reflected on each member's Form BD, Schedule A.
    \7\ 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).

------------------------------------------------------------------------
                                    Non-``Customer to    ``Customer to
    Originating contract sides      Customer'' rebate  Customer'' rebate
------------------------------------------------------------------------
0 to 99,999.......................              $0.00              $0.00
100,000 to 199,999................             (0.05)             (0.01)
200,000 to 499,999................             (0.07)             (0.01)
500,000 to 999,999................             (0.09)             (0.03)
1,000,000+........................             (0.11)             (0.03)
------------------------------------------------------------------------

    To incentive greater QCC and/or other solicited crossing order flow 
to ISE, the Exchange now proposes to amend the tier schedule by 
adjusting current tier 4 (i.e., 500,000 to 999,999) so that it becomes 
500,000 to 749,999 originating contract sides, and adopting a new tier 
5 for 750,000 to 999,999 originating contract sides. With this proposed 
change, members that execute between 500,000 to 749,999 originating 
contract sides of eligible volume will earn the current tier 4 rebates 
(i.e., a Non-``Customer to Customer'' rebate of $0.09 per originating 
contract side and a ``Customer to Customer'' rebate of $0.03 per 
originating contract side). For members that meet the volume threshold 
in the new tier 5, the Exchange proposes to pay a Non-``Customer to 
Customer'' rebate of $0.10 per originating contract side and a 
``Customer to Customer'' rebate of $0.03 per originating contract side. 
The new tier schedule and corresponding rebates will be as follows:

------------------------------------------------------------------------
                                    Non-``Customer to    ``Customer to
    Originating contract sides      Customer'' rebate  Customer'' rebate
------------------------------------------------------------------------
0 to 99,999.......................              $0.00              $0.00
100,000 to 199,999................             (0.05)             (0.01)
200,000 to 499,999................             (0.07)             (0.01)
500,000 to 749,999................             (0.09)             (0.03)
750,000 to 999,999................             (0.10)             (0.03)
1,000,000+........................             (0.11)             (0.03)
------------------------------------------------------------------------

Clean-up Change
    The Exchange proposes to make a non-substantive change to remove an 
obsolete reference to its old website in its Schedule of Fees. In 
particular, the definition of Select Symbols in the Exchange's Schedule 
of Fees presently states that: `` `Select Symbols' are options 
overlying all symbols listed on the Nasdaq ISE that are in the Penny 
Pilot Program. The current list of Nasdaq ISE-listed Penny Pilot 
Program symbols is available at http://www.ise.com/assets/files/products/pennies/penny_stocks.xls.'' The Exchange proposes to delete 
the second sentence in the definition of Select Symbols now that the 
legacy website is no longer available.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\8\ in general, and furthers the

[[Page 23754]]

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

Fee for Responses to PIM Orders
    The Exchange believes that its proposal to increase the regular and 
complex order fees for Responses to PIM orders from $0.20 to $0.25 per 
contract for all market participants is reasonable, equitable and not 
unfairly discriminatory. With the proposed changes, market participants 
that respond to PIM auctions will pay response fees that remain 
significantly lower than those charged for Responses to other Crossing 
Orders. Accordingly, the Exchange believes that the PIM response fees 
proposed herein will remain attractive to market participants and will 
continue to encourage them to respond to PIM auctions, thereby 
increasing price improvement opportunities for PIM orders. Furthermore, 
the Exchange believes that the proposed PIM response fees are equitable 
and not unfairly discriminatory they will apply uniformly to all market 
participants.
Fee for Responses to Crossing Orders Except PIM Orders
    The Exchange believes that its proposal to increase the complex 
order fees for Responses to Crossing Orders except PIM orders in Select 
Symbols to $0.50 per contract for all market participants is reasonable 
because the proposed fee remains within the range of similar fees 
charged by other options exchanges, including, for example, BOX Options 
Exchange (``BOX''), which charges up to $0.50 per contract for 
responses in its solicitation or facilitation auction mechanisms for 
penny pilot classes.\10\ Accordingly, the Exchange believes that the 
response fees proposed herein for Crossing Orders except PIM orders are 
set at levels that the Exchange believes will remain attractive to 
market participants that trade on ISE. Additionally, the Exchange 
believes that the proposed fees for Responses to Crossing Orders except 
PIM orders are equitable and not unfairly discriminatory because they 
will apply uniformly to all market participants.
---------------------------------------------------------------------------

    \10\ BOX charges a fee for responses in the solicitation or 
facilitation auction mechanisms for all account types that is $0.25 
per contract for penny pilot classes. See BOX Fee Schedule, Section 
I.C. As set forth in the BOX Fee Schedule, ``[r]esponses to 
Facilitation and Solicitation Orders executed in these mechanisms 
shall be charged the ``add'' fee.'' Id. at Section III.B, second 
bullet. For all account types, this fee (i.e., the Fee for Adding 
Liquidity) is $0.25 for penny pilot classes. Id. Thus, BOX may 
charge a fee for responses in its solicitation or facilitation 
auction mechanisms of up to $0.50 per contract.
---------------------------------------------------------------------------

QCC and Solicitation Rebate
    The Exchange believes that the proposed changes to the QCC and 
Solicitation rebate tier schedule are reasonable because the proposed 
changes are designed to encourage members to bring additional QCC and/
or other solicited crossing order volume to the Exchange in order to 
benefit from the enhanced rebates. As explained above, the Exchange is 
(i) adjusting the volume threshold in the current tier 4 from 500,000 
to 999,999 to 500,000 to 749,999 originating contract sides and 
offering the current tier 4 Non-``Customer to Customer'' rebate of 
$0.09 per originating contract side and ``Customer to Customer'' rebate 
of $0.03 per originating contract side, and (ii) adopting a new tier 5 
for 750,000 to 999,999 originating contract sides with a corresponding 
Non-``Customer to Customer'' rebate of $0.10 per originating contract 
side and ``Customer to Customer'' rebate of $0.03 per originating 
contract side. With the proposed changes, members will be provided more 
opportunities to meet the volume thresholds and qualify for enhanced 
rebates by bringing greater QCC and/or other solicited crossing order 
flow to the Exchange. The Exchange also believes that the proposed 
changes to the tier schedule are equitable and not unfairly 
discriminatory because all members will be able to attain the enhanced 
rebates by executing the required volume of QCC and/or other solicited 
crossing orders on the Exchange.
Clean-up Change
    The Exchange believes that its proposal to remove the obsolete 
reference to its old website from its Schedule of Fees is reasonable, 
equitable and not unfairly discriminatory because it is a non-
substantive change designed to make the Schedule of Fees more 
transparent to members and investors.

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. In this instance, the Exchange 
is proposing various changes to its fees and rebates program for 
Crossing Orders, specifically to increase the response fees for 
Crossing Orders, including PIM orders, and to enhance its QCC and 
Solicitation rebate program by modifying the current tier schedule, 
each as described in detail above. The Exchange does not believe that 
the proposed changes impose an undue burden on competition because the 
proposed fees and rebates will apply uniformly to all market 
participants, as discussed above. Furthermore, the Exchange believes 
that its fees and rebates program for Crossing Orders will remain 
attractive with the changes proposed herein, and will continue to 
attract additional order flow to ISE, thereby enhancing the 
competitiveness of ISE relative to other options exchanges.
    The Exchange notes that it 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 and with alternative trading systems 
that have been exempted from compliance with the statutory standards 
applicable to 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 impose any burden on 
competition is extremely limited. In sum, if the changes proposed 
herein are unattractive to market participants, it is likely that the 
Exchange will lose market share as a result. Accordingly, the Exchange 
does not believe that the proposed changes will impair the ability of 
members or competing order execution venues to maintain their 
competitive standing in the financial markets.

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,\11\ and Rule

[[Page 23755]]

19b-4(f)(2) \12\ 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.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \12\ 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-2018-42 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-2018-42. 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-2018-42 and should be submitted on 
or before June 12, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-10830 Filed 5-21-18; 8:45 am]
 BILLING CODE 8011-01-P



                                              23752                             Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Notices

                                                 A proposed rule change filed under                        • Send an email to rule-comments@                   SECURITIES AND EXCHANGE
                                              Rule 19b–4(f)(6) normally does not                        sec.gov. Please include File Number SR–                COMMISSION
                                              become operative for 30 days after the                    CboeEDGA–2018–008 on the subject
                                              date of its filing. However, Rule 19b–                                                                           [Release No. 34–83257; File No. SR–ISE–
                                                                                                        line.
                                              4(f)(6)(iii) 14 permits the Commission to                                                                        2018–42]
                                              designate a shorter time if such action                   Paper Comments
                                                                                                                                                               Self-Regulatory Organizations; Nasdaq
                                              is consistent with the protection of
                                                                                                          • Send paper comments in triplicate                  ISE, LLC; Notice of Filing and
                                              investors and the public interest. The
                                                                                                        to Secretary, Securities and Exchange                  Immediate Effectiveness of Proposed
                                              Exchange has requested that the
                                                                                                        Commission, 100 F Street NE,                           Rule Change To Amend the Exchanges
                                              Commission waive the 30-day operative
                                                                                                        Washington, DC 20549–1090.                             Schedule of Fees
                                              delay so that the proposed rule change
                                              will become operative on filing. Waiver                   All submissions should refer to File                   May 16, 2018.
                                              of the operative delay would allow the                    Number SR–CboeEDGA–2018–008. This                         Pursuant to Section 19(b)(1) of the
                                              Exchange to implement the proposed                        file number should be included on the                  Securities Exchange Act of 1934
                                              rule change on May 14, 2018, which is                     subject line if email is used. To help the             (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                              same day as the anticipated date for the                  Commission process and review your                     notice is hereby given that on May 1,
                                              migration of C2 to the Bats technology                    comments more efficiently, please use                  2018, Nasdaq ISE, LLC (‘‘ISE’’ or
                                              platform. The Exchange stated that the                                                                           ‘‘Exchange’’) filed with the Securities
                                                                                                        only one method. The Commission will
                                              proposed rule change promotes the                                                                                and Exchange Commission
                                                                                                        post all comments on the Commission’s
                                              protection of investors and the public                                                                           (‘‘Commission’’) the proposed rule
                                              interest because it would minimize the                    internet website (http://www.sec.gov/
                                                                                                        rules/sro.shtml). Copies of the                        change as described in Items I and II
                                              amount of disruption as C2 (and                                                                                  below, which Items have been prepared
                                              eventually Cboe Options) migrates to                      submission, all subsequent
                                                                                                        amendments, all written statements                     by the Exchange. The Commission is
                                              the Bats technology platform. Therefore,                                                                         publishing this notice to solicit
                                              the Commission believes that waiver of                    with respect to the proposed rule
                                                                                                                                                               comments on the proposed rule change
                                              the 30-day operative delay is consistent                  change that are filed with the
                                                                                                                                                               from interested persons.
                                              with the protection of investors and the                  Commission, and all written
                                              public interest. Accordingly, the                         communications relating to the                         I. Self-Regulatory Organization’s
                                              Commission hereby waives the                              proposed rule change between the                       Statement of the Terms of Substance of
                                              operative delay and designates the                        Commission and any person, other than                  the Proposed Rule Change
                                              proposed rule change operative upon                       those that may be withheld from the                       The Exchange proposes to amend the
                                              filing.15                                                 public in accordance with the                          Exchanges Schedule of Fees.
                                                 At any time within 60 days of the                      provisions of 5 U.S.C. 552, will be                       The text of the proposed rule change
                                              filing of such proposed rule change, the                  available for website viewing and                      is available on the Exchange’s website at
                                              Commission summarily may                                  printing in the Commission’s Public                    http://ise.cchwallstreet.com/, at the
                                              temporarily suspend such rule change if                   Reference Room, 100 F Street NE,                       principal office of the Exchange, and at
                                              it appears to the Commission that such                                                                           the Commission’s Public Reference
                                                                                                        Washington, DC 20549 on official
                                              action is necessary or appropriate in the                                                                        Room.
                                                                                                        business days between the hours of
                                              public interest, for the protection of
                                              investors, or otherwise in furtherance of                 10:00 a.m. and 3:00 p.m. Copies of the                 II. Self-Regulatory Organization’s
                                              the purposes of the Act. If the                           filing also will be available for                      Statement of the Purpose of, and
                                              Commission takes such action, the                         inspection and copying at the principal                Statutory Basis for, the Proposed Rule
                                              Commission shall institute proceedings                    office of the Exchange. All comments                   Change
                                              to determine whether the proposed rule                    received will be posted without change.
                                                                                                        Persons submitting comments are                          In its filing with the Commission, the
                                              change should be approved or                                                                                     Exchange included statements
                                              disapproved.                                              cautioned that we do not redact or edit
                                                                                                                                                               concerning the purpose of and basis for
                                                                                                        personal identifying information from
                                              IV. Solicitation of Comments                                                                                     the proposed rule change and discussed
                                                                                                        comment submissions. You should
                                                Interested persons are invited to                                                                              any comments it received on the
                                                                                                        submit only information that you wish                  proposed rule change. The text of these
                                              submit written data, views, and                           to make available publicly. All
                                              arguments concerning the foregoing,                                                                              statements may be examined at the
                                                                                                        submissions should refer to File                       places specified in Item IV below. The
                                              including whether the proposed rule                       Number SR–CboeEDGA–2018–008, and
                                              change is consistent with the Act.                                                                               Exchange has prepared summaries, set
                                                                                                        should be submitted on or before June                  forth in sections A, B, and C below, of
                                              Comments may be submitted by any of                       12, 2018.
                                              the following methods:                                                                                           the most significant aspects of such
                                                                                                          For the Commission, by the Division of               statements.
                                              Electronic Comments                                       Trading and Markets, pursuant to delegated             A. Self-Regulatory Organization’s
                                                • Use the Commission’s internet                         authority.16                                           Statement of the Purpose of, and
                                              comment form (http://www.sec.gov/                         Eduardo A. Aleman,                                     Statutory Basis for, the Proposed Rule
                                              rules/sro.shtml); or                                      Assistant Secretary.                                   Change
                                                                                                        [FR Doc. 2018–10828 Filed 5–21–18; 8:45 am]
                                              at least five business days prior to the date of filing                                                          1. Purpose
amozie on DSK3GDR082PROD with NOTICES1




                                              of the proposed rule change, or such shorter time         BILLING CODE 8011–01–P
                                              as designated by the Commission. The Exchange                                                                      The purpose of the proposed rule
                                              has satisfied this requirement.                                                                                  change is to amend the Exchange’s
                                                 14 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                                                                               Schedule of Fees, as described further
                                                 15 For purposes only of waiving the 30-day
                                                                                                                                                               below.
                                              operative delay, the Commission also has
                                              considered the proposed rule’s impact on
                                                                                                                                                                 1 15   U.S.C. 78s(b)(1).
                                              efficiency, competition, and capital formation. See
                                              15 U.S.C. 78c(f).                                           16 17   CFR 200.30–3(a)(12).                           2 17   CFR 240.19b–4.



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                                                                                          Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Notices                                                                                    23753

                                              Fee for Responses to PIM Orders                                            to Crossing Orders 5 except PIM orders                                      that member for all of its QCC and
                                                 Currently, for regular orders in Non-                                   that is $0.48 per contract for complex                                      solicited crossing order traded contracts
                                              Select Symbols,3 the Exchange charges                                      orders in Select Symbols. The Exchange                                      for that month.6 The applicable rebates
                                              all market participants a fee for                                          now proposes to increase this fee to                                        are applied on QCC and solicited
                                              Responses to Price Improvement                                             $0.50 per contract for all market                                           crossing order traded contracts once the
                                              Mechanism (‘‘PIM’’) orders that is $0.20                                   participants.                                                               volume threshold is met. Members
                                              per contract. For complex orders in both                                   QCC and Solicitation Rebate                                                 receive the Non-‘‘Customer to
                                              Select Symbols 4 and Non-Select                                                                                                                        Customer’’ rebate for all QCC and/or
                                              Symbols, the fee for Responses to PIM                                        Currently, members using QCC and/or                                       other solicited crossing orders except for
                                              orders is likewise $0.20 per contract for                                  other solicited crossing orders,                                            QCC and solicited orders between two
                                              all market participants. The Exchange                                      including solicited orders executed in                                      Priority Customers.7 QCC and solicited
                                              now proposes to increase the                                               the Solicitation, Facilitation or Price                                     orders between two Priority Customers
                                              aforementioned fees to $0.25 per                                           Improvement Mechanisms, receive                                             receive the ‘‘Customer to Customer’’
                                              contract for all market participants.                                      rebates for each originating contract side                                  rebate. Non-‘‘Customer to Customer’’
                                                                                                                         in all symbols traded on the Exchange.                                      and ‘‘Customer to Customer’’ volume is
                                              Fee for Responses to Crossing Orders                                       Once a member reaches a certain                                             aggregated in determining the
                                              Except PIM Orders                                                          volume threshold in QCC orders and/or                                       applicable volume tier. The current
                                                Today, the Exchange charges all                                          solicited crossing orders during a                                          volume threshold and corresponding
                                              market participants a fee for Responses                                    month, the Exchange provides rebates to                                     rebates are as follows:

                                                                                                                                                                                                                Non-‘‘Customer           ‘‘Customer to
                                                                                                         Originating contract sides                                                                              to Customer’’             Customer’’
                                                                                                                                                                                                                     rebate                  rebate

                                              0 to 99,999 ...................................................................................................................................................               $0.00                    $0.00
                                              100,000 to 199,999 ......................................................................................................................................                     (0.05)                   (0.01)
                                              200,000 to 499,999 ......................................................................................................................................                     (0.07)                   (0.01)
                                              500,000 to 999,999 ......................................................................................................................................                     (0.09)                   (0.03)
                                              1,000,000+ ...................................................................................................................................................                (0.11)                   (0.03)



                                                 To incentive greater QCC and/or other                                   change, members that execute between                                        threshold in the new tier 5, the
                                              solicited crossing order flow to ISE, the                                  500,000 to 749,999 originating contract                                     Exchange proposes to pay a Non-
                                              Exchange now proposes to amend the                                         sides of eligible volume will earn the                                      ‘‘Customer to Customer’’ rebate of $0.10
                                              tier schedule by adjusting current tier 4                                  current tier 4 rebates (i.e., a Non-                                        per originating contract side and a
                                              (i.e., 500,000 to 999,999) so that it                                      ‘‘Customer to Customer’’ rebate of $0.09                                    ‘‘Customer to Customer’’ rebate of $0.03
                                              becomes 500,000 to 749,999 originating                                     per originating contract side and a                                         per originating contract side. The new
                                              contract sides, and adopting a new tier                                    ‘‘Customer to Customer’’ rebate of $0.03                                    tier schedule and corresponding rebates
                                              5 for 750,000 to 999,999 originating                                       per originating contract side). For                                         will be as follows:
                                              contract sides. With this proposed                                         members that meet the volume

                                                                                                                                                                                                                Non-‘‘Customer           ‘‘Customer to
                                                                                                         Originating contract sides                                                                              to Customer’’             Customer’’
                                                                                                                                                                                                                     rebate                  rebate

                                              0 to 99,999 ...................................................................................................................................................               $0.00                    $0.00
                                              100,000 to 199,999 ......................................................................................................................................                     (0.05)                   (0.01)
                                              200,000 to 499,999 ......................................................................................................................................                     (0.07)                   (0.01)
                                              500,000 to 749,999 ......................................................................................................................................                     (0.09)                   (0.03)
                                              750,000 to 999,999 ......................................................................................................................................                     (0.10)                   (0.03)
                                              1,000,000+ ...................................................................................................................................................                (0.11)                   (0.03)



                                              Clean-up Change                                                            options overlying all symbols listed on                                     sentence in the definition of Select
                                                                                                                         the Nasdaq ISE that are in the Penny                                        Symbols now that the legacy website is
                                                 The Exchange proposes to make a                                         Pilot Program. The current list of                                          no longer available.
                                              non-substantive change to remove an                                        Nasdaq ISE-listed Penny Pilot Program
                                              obsolete reference to its old website in                                                                                                               2. Statutory Basis
                                                                                                                         symbols is available at http://
                                              its Schedule of Fees. In particular, the
                                                                                                                         www.ise.com/assets/files/products/                                            The Exchange believes that its
                                              definition of Select Symbols in the
                                                                                                                         pennies/penny_stocks.xls.’’ The                                             proposal is consistent with Section 6(b)
                                              Exchange’s Schedule of Fees presently
                                                                                                                         Exchange proposes to delete the second                                      of the Act,8 in general, and furthers the
                                              states that: ‘‘ ‘Select Symbols’ are
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                                                3 ‘‘Non-Select Symbols’’ are options overlying all                       Contingent Cross (‘‘QCC’’) order. For purposes of                              7 A ‘‘Priority Customer’’ is a person or entity that

                                              symbols excluding Select Symbols.                                          the Fee Schedule, orders executed in the Block                              is not a broker/dealer in securities, and does not
                                                4 ‘‘Select Symbols’’ are options overlying all                           Order Mechanism are also considered Crossing                                place more than 390 orders in listed options per day
                                                                                                                         Orders.                                                                     on average during a calendar month for its own
                                              symbols listed on the Nasdaq ISE that are in the                             6 All eligible volume from affiliated members will
                                              Penny Pilot Program.                                                                                                                                   beneficial account(s), as defined in Nasdaq ISE Rule
                                                                                                                         be aggregated in determining QCC and Solicitation
                                                5 A ‘‘Crossing Order’’ is an order executed in the                                                                                                   100(a)(37A).
                                                                                                                         volume totals, provided there is at least 75%
                                                                                                                                                                                                        8 15 U.S.C. 78f(b).
                                              Exchange’s Facilitation Mechanism, Solicited Order                         common ownership between the members as
                                              Mechanism, PIM or submitted as a Qualified                                 reflected on each member’s Form BD, Schedule A.



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                                              23754                            Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Notices

                                              objectives of Sections 6(b)(4) and 6(b)(5)                attractive to market participants that               various changes to its fees and rebates
                                              of the Act,9 in particular, in that it                    trade on ISE. Additionally, the                      program for Crossing Orders,
                                              provides for the equitable allocation of                  Exchange believes that the proposed                  specifically to increase the response fees
                                              reasonable dues, fees, and other charges                  fees for Responses to Crossing Orders                for Crossing Orders, including PIM
                                              among members and issuers and other                       except PIM orders are equitable and not              orders, and to enhance its QCC and
                                              persons using any facility, and is not                    unfairly discriminatory because they                 Solicitation rebate program by
                                              designed to permit unfair                                 will apply uniformly to all market                   modifying the current tier schedule,
                                              discrimination between customers,                         participants.                                        each as described in detail above. The
                                              issuers, brokers, or dealers.                                                                                  Exchange does not believe that the
                                                                                                        QCC and Solicitation Rebate
                                                                                                                                                             proposed changes impose an undue
                                              Fee for Responses to PIM Orders                              The Exchange believes that the                    burden on competition because the
                                                The Exchange believes that its                          proposed changes to the QCC and                      proposed fees and rebates will apply
                                              proposal to increase the regular and                      Solicitation rebate tier schedule are                uniformly to all market participants, as
                                              complex order fees for Responses to PIM                   reasonable because the proposed                      discussed above. Furthermore, the
                                              orders from $0.20 to $0.25 per contract                   changes are designed to encourage                    Exchange believes that its fees and
                                              for all market participants is reasonable,                members to bring additional QCC and/                 rebates program for Crossing Orders will
                                              equitable and not unfairly                                or other solicited crossing order volume             remain attractive with the changes
                                              discriminatory. With the proposed                         to the Exchange in order to benefit from             proposed herein, and will continue to
                                              changes, market participants that                         the enhanced rebates. As explained                   attract additional order flow to ISE,
                                              respond to PIM auctions will pay                          above, the Exchange is (i) adjusting the             thereby enhancing the competitiveness
                                              response fees that remain significantly                   volume threshold in the current tier 4               of ISE relative to other options
                                              lower than those charged for Responses                    from 500,000 to 999,999 to 500,000 to                exchanges.
                                              to other Crossing Orders. Accordingly,                    749,999 originating contract sides and                  The Exchange notes that it operates in
                                              the Exchange believes that the PIM                        offering the current tier 4 Non-                     a highly competitive market in which
                                              response fees proposed herein will                        ‘‘Customer to Customer’’ rebate of $0.09             market participants can readily favor
                                              remain attractive to market participants                  per originating contract side and                    competing venues if they deem fee
                                              and will continue to encourage them to                    ‘‘Customer to Customer’’ rebate of $0.03             levels at a particular venue to be
                                              respond to PIM auctions, thereby                          per originating contract side, and (ii)              excessive, or rebate opportunities
                                              increasing price improvement                              adopting a new tier 5 for 750,000 to                 available at other venues to be more
                                              opportunities for PIM orders.                             999,999 originating contract sides with              favorable. In such an environment, the
                                              Furthermore, the Exchange believes that                   a corresponding Non-‘‘Customer to                    Exchange must continually adjust its
                                              the proposed PIM response fees are                        Customer’’ rebate of $0.10 per                       fees to remain competitive with other
                                              equitable and not unfairly                                originating contract side and ‘‘Customer             exchanges and with alternative trading
                                              discriminatory they will apply                            to Customer’’ rebate of $0.03 per                    systems that have been exempted from
                                              uniformly to all market participants.                     originating contract side. With the                  compliance with the statutory standards
                                                                                                        proposed changes, members will be                    applicable to exchanges. Because
                                              Fee for Responses to Crossing Orders                      provided more opportunities to meet the              competitors are free to modify their own
                                              Except PIM Orders                                         volume thresholds and qualify for                    fees in response, and because market
                                                The Exchange believes that its                          enhanced rebates by bringing greater                 participants may readily adjust their
                                              proposal to increase the complex order                    QCC and/or other solicited crossing                  order routing practices, the Exchange
                                              fees for Responses to Crossing Orders                     order flow to the Exchange. The                      believes that the degree to which fee
                                              except PIM orders in Select Symbols to                    Exchange also believes that the                      changes in this market may impose any
                                              $0.50 per contract for all market                         proposed changes to the tier schedule                burden on competition is extremely
                                              participants is reasonable because the                    are equitable and not unfairly                       limited. In sum, if the changes proposed
                                              proposed fee remains within the range                     discriminatory because all members will              herein are unattractive to market
                                              of similar fees charged by other options                  be able to attain the enhanced rebates by            participants, it is likely that the
                                              exchanges, including, for example, BOX                    executing the required volume of QCC                 Exchange will lose market share as a
                                              Options Exchange (‘‘BOX’’), which                         and/or other solicited crossing orders on            result. Accordingly, the Exchange does
                                              charges up to $0.50 per contract for                      the Exchange.                                        not believe that the proposed changes
                                              responses in its solicitation or                          Clean-up Change                                      will impair the ability of members or
                                              facilitation auction mechanisms for                                                                            competing order execution venues to
                                              penny pilot classes.10 Accordingly, the                     The Exchange believes that its                     maintain their competitive standing in
                                              Exchange believes that the response fees                  proposal to remove the obsolete                      the financial markets.
                                              proposed herein for Crossing Orders                       reference to its old website from its
                                                                                                        Schedule of Fees is reasonable,                      C. Self-Regulatory Organization’s
                                              except PIM orders are set at levels that                                                                       Statement on Comments on the
                                              the Exchange believes will remain                         equitable and not unfairly
                                                                                                        discriminatory because it is a non-                  Proposed Rule Change Received From
                                                9 15                                                    substantive change designed to make                  Members, Participants, or Others
                                                      U.S.C. 78f(b)(4) and (5).
                                                10 BOX   charges a fee for responses in the             the Schedule of Fees more transparent                  No written comments were either
                                              solicitation or facilitation auction mechanisms for       to members and investors.                            solicited or received.
                                              all account types that is $0.25 per contract for
                                              penny pilot classes. See BOX Fee Schedule, Section        B. Self-Regulatory Organization’s                    III. Date of Effectiveness of the
amozie on DSK3GDR082PROD with NOTICES1




                                              I.C. As set forth in the BOX Fee Schedule,                Statement on Burden on Competition                   Proposed Rule Change and Timing for
                                              ‘‘[r]esponses to Facilitation and Solicitation Orders                                                          Commission Action
                                              executed in these mechanisms shall be charged the           The Exchange does not believe that
                                              ‘‘add’’ fee.’’ Id. at Section III.B, second bullet. For   the proposed rule change will impose                    The foregoing rule change has become
                                              all account types, this fee (i.e., the Fee for Adding     any burden on competition not                        effective pursuant to Section
                                              Liquidity) is $0.25 for penny pilot classes. Id. Thus,
                                              BOX may charge a fee for responses in its
                                                                                                        necessary or appropriate in furtherance              19(b)(3)(A)(ii) of the Act,11 and Rule
                                              solicitation or facilitation auction mechanisms of        of the purposes of the Act. In this
                                              up to $0.50 per contract.                                 instance, the Exchange is proposing                    11 15   U.S.C. 78s(b)(3)(A)(ii).



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                                                                               Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Notices                                                    23755

                                              19b–4(f)(2) 12 thereunder. At any time                    received will be posted without change.               (additions are italicized; deletions are
                                              within 60 days of the filing of the                       Persons submitting comments are                       [bracketed])
                                              proposed rule change, the Commission                      cautioned that we do not redact or edit               *    *     *      *     *
                                              summarily may temporarily suspend                         personal identifying information from
                                              such rule change if it appears to the                     comment submissions. You should                       Cboe EDGX Exchange, Inc.
                                              Commission that such action is: (i)                       submit only information that you wish                 Rules
                                              Necessary or appropriate in the public                    to make available publicly. All                       *        *      *     *    *
                                              interest; (ii) for the protection of                      submissions should refer to File
                                              investors; or (iii) otherwise in                          Number SR–ISE–2018–42 and should be                   Rule 2.12. Cboe Trading, Inc. as
                                              furtherance of the purposes of the Act.                   submitted on or before June 12, 2018.                 Inbound Router
                                              If the Commission takes such action, the                    For the Commission, by the Division of                 (a) For so long as the Exchange is
                                              Commission shall institute proceedings                    Trading and Markets, pursuant to delegated            affiliated with Cboe Exchange, Inc.,
                                              to determine whether the proposed rule                    authority.13                                          Cboe C2 Exchange, Inc., Cboe EDGA
                                              should be approved or disapproved.                        Eduardo A. Aleman,                                    Exchange, Inc., Cboe BYX Exchange,
                                              IV. Solicitation of Comments                              Assistant Secretary.                                  Inc., or Cboe BZX Exchange, Inc. (each,
                                                                                                        [FR Doc. 2018–10830 Filed 5–21–18; 8:45 am]           a ‘‘Cboe Exchange’’), and Cboe Trading,
                                                Interested persons are invited to
                                                                                                                                                              Inc. (‘‘Cboe Trading’) in its capacity as
                                              submit written data, views, and                           BILLING CODE 8011–01–P
                                                                                                                                                              a facility of each Cboe Exchange is
                                              arguments concerning the foregoing,
                                                                                                                                                              utilized for the routing of orders from a
                                              including whether the proposed rule
                                                                                                        SECURITIES AND EXCHANGE                               Cboe Exchange to the Exchange, the
                                              change is consistent with the Act.
                                                                                                        COMMISSION                                            Exchange undertakes as follows:
                                              Comments may be submitted by any of                                                                                (1)–(4) No change.
                                              the following methods:                                                                                             (b) No change.
                                                                                                        [Release No. 34–83256; File No. SR–
                                              Electronic Comments                                       CboeEDGX–2018–015]                                    *      *     *    *     *
                                                • Use the Commission’s internet                                                                                  The text of the proposed rule change
                                                                                                        Self-Regulatory Organizations; Cboe                   is available at the Exchange’s website at
                                              comment form (http://www.sec.gov/
                                                                                                        EDGX Exchange, Inc.; Notice of Filing                 www.markets.cboe.com, at the principal
                                              rules/sro.shtml); or
                                                • Send an email to rule-comments@                       and Immediate Effectiveness of a                      office of the Exchange, and at the
                                              sec.gov. Please include File Number SR–                   Proposed Rule Change To Amend Rule                    Commission’s Public Reference Room.
                                              ISE–2018–42 on the subject line.                          2.12 To Add References to Cboe
                                                                                                        Options and C2                                        II. Self-Regulatory Organization’s
                                              Paper Comments                                                                                                  Statement of the Purpose of, and
                                                                                                        May 16, 2018.                                         Statutory Basis for, the Proposed Rule
                                                 • Send paper comments in triplicate                                                                          Change
                                                                                                           Pursuant to Section 19(b)(1) of the
                                              to Secretary, Securities and Exchange
                                                                                                        Securities Exchange Act of 1934 (the                     In its filing with the Commission, the
                                              Commission, 100 F Street NE,
                                                                                                        ‘‘Act’’),1 and Rule 19b–4 thereunder,2                Exchange included statements
                                              Washington, DC 20549–1090.
                                                                                                        notice is hereby given that on May 14,                concerning the purpose of and basis for
                                              All submissions should refer to File                      2018, Cboe EDGX Exchange, Inc.                        the proposed rule change and discussed
                                              Number SR–ISE–2018–42. This file                          (‘‘EDGX’’ or the ‘‘Exchange’’) filed with             any comments it received on the
                                              number should be included on the                          the Securities and Exchange                           proposed rule change. The text of these
                                              subject line if email is used. To help the                Commission (‘‘Commission’’) the                       statements may be examined at the
                                              Commission process and review your                        proposed rule change as described in                  places specified in Item IV below. The
                                              comments more efficiently, please use                     Items I and II below, which Items have                Exchange has prepared summaries, set
                                              only one method. The Commission will                      been prepared by the Exchange. The                    forth in Sections A, B, and C below, of
                                              post all comments on the Commission’s                     Exchange has designated this proposal                 the most significant parts of such
                                              internet website (http://www.sec.gov/                     as a ‘‘non-controversial’’ proposed rule              statements.
                                              rules/sro.shtml). Copies of the                           change pursuant to Section 19(b)(3)(A)
                                              submission, all subsequent                                                                                      A. Self-Regulatory Organization’s
                                                                                                        of the Act 3 and Rule 19b–4(f)(6)(iii)
                                              amendments, all written statements                                                                              Statement of the Purpose of, and
                                                                                                        thereunder,4 which renders it effective
                                              with respect to the proposed rule                                                                               Statutory Basis for, the Proposed Rule
                                                                                                        upon filing with the Commission. The
                                              change that are filed with the                                                                                  Change
                                                                                                        Commission is publishing this notice to
                                              Commission, and all written                               solicit comments on the proposed rule                 1. Purpose
                                              communications relating to the                            change from interested persons.
                                              proposed rule change between the                                                                                   In December 2016, the Exchange and
                                              Commission and any person, other than                     I. Self-Regulatory Organization’s                     its affiliates 5 received approval to effect
                                              those that may be withheld from the                       Statement of the Terms of Substance of                a merger (the ‘‘Merger’’) of the
                                              public in accordance with the                             the Proposed Rule Change                              Exchange’s parent company, Bats Global
                                              provisions of 5 U.S.C. 552, will be                                                                             Markets, Inc. with CBOE Holdings, Inc.
                                                                                                          The Exchange filed a proposal to                    (now known as Cboe Global Markets,
                                              available for website viewing and                         amend Rule 2.12 to add references to
                                              printing in the Commission’s Public                                                                             Inc.), the parent company of Cboe
                                                                                                        Cboe Exchange, Inc. (‘‘Cboe Options’’)                Options and C2.6 Hereinafter, the
                                              Reference Room, 100 F Street NE,                          and Cboe C2 Exchange, Inc. (‘‘C2’’). The
                                              Washington, DC 20549, on official                         Exchange does not propose to amend
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                                                                                5 As of December 2016, the Exchange’s affiliates
                                              business days between the hours of                        the requirements of this rule.                        included Cboe BZX Exchange, Inc. (formerly Bats
                                              10:00 a.m. and 3:00 p.m. Copies of the                                                                          BZX Exchange, Inc.) (‘‘BZX’’), Cboe BYX Exchange,
                                              filing also will be available for                           13 17 CFR 200.30–3(a)(12).
                                                                                                                                                              Inc. (formerly Bats BYX Exchange. Inc.) (‘‘BYX’’),
                                              inspection and copying at the principal                                                                         and Cboe EDGA Exchange, Inc. (formerly Bats
                                                                                                          1 15 U.S.C. 78s(b)(1).                              EDGA Exchange, Inc.) (‘‘EDGA’’).
                                              office of the Exchange. All comments                        2 17 CFR 240.19b–4.                                   6 See Securities Exchange Act Release No. 79585
                                                                                                          3 15 U.S.C. 78s(b)(3)(A).
                                                                                                                                                              (December 16, 2016), 81 FR 93988 (December 22,
                                                12 17   CFR 240.19b–4(f)(2).                              4 17 CFR 240.19b–4(f)(6)(iii).                                                                Continued




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Document Created: 2018-11-02 11:10:37
Document Modified: 2018-11-02 11:10:37
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 23752 

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