83_FR_28389 83 FR 28272 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Section IV.D of the Exchange's Schedule of Fees

83 FR 28272 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Section IV.D of the Exchange's Schedule of Fees

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 117 (June 18, 2018)

Page Range28272-28273
FR Document2018-12927

Federal Register, Volume 83 Issue 117 (Monday, June 18, 2018)
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Notices]
[Pages 28272-28273]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12927]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83411; File No. SR-ISE-2018-50]


Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend Section 
IV.D of the Exchange's Schedule of Fees

June 12, 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 30, 2018, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed with 
the Securities and Exchange Commission (``SEC'' or ``Commission'') the 
proposed rule change as described in Items I and II below, which Items 
have been prepared by the Exchange. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to Section IV.D. of the Exchange's Schedule 
of Fees, as described further below. 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 this proposed rule change is to amend certain Market 
Maker \3\ fees for Regular Orders in Non-Select Symbols \4\ and FX 
Options.
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    \3\ The term ``Market Makers'' refers to ``Competitive Market 
Makers'' and ``Primary Market Makers'' collectively. See ISE Rule 
100(a)(28).
    \4\ ``Non-Select Symbols'' are options overlying all symbols 
excluding Select Symbols. ``Select Symbols'' are options overlying 
all symbols listed on ISE that are in the Penny Pilot Program.
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    Presently, the Exchange charges a base execution fee of $0.25 per 
contract to Members who trade 250,000 contracts or less in a calendar 
month in Non-Select Symbols and FX Options, and a fee of $0.20 per 
contract if a Member trades more than 250,000 contracts in Non-Select 
Symbols and FX Options in a calendar month. In addition, once a Member 
reaches the highest tier, the fee applicable to that tier will apply 
retroactively to all Market Maker contracts for Regular Orders in Non-
Select Symbols and FX Options. Presently, the Exchange waives this fee 
entirely for Market Makers that execute Flash Orders.\5\
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    \5\ A ``Flash Order'' is an order that is exposed at the 
National Best Bid and Offer by the Exchange to all Members for 
execution prior to routing the order to another exchange or 
cancelling it, as provided under Supplementary Material .02 to ISE 
Rule 1901.
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    The Exchange proposes to eliminate this fee waiver for Flash 
Orders, such that Market Makers that execute Flash Orders will be 
subject to one of the two foregoing fee tiers. However, the Exchange 
notes that Flash Orders will remain exempt from the $0.70 per contract 
Marketing Fee that it otherwise charges to Market Makers pursuant to 
Section IV.E of the Exchange's Schedule of Fees. The Exchange will also 
continue to provide credits to Market Makers that respond to Customer 
Flash Orders, pursuant to Section IV.G.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\6\ in general, and furthers the objectives of Sections 
6(b)(4) and 6(b)(5) of the Act,\7\ 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.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4) and (5).
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    The Commission and the courts have repeatedly expressed their 
preference for competition over regulatory intervention in determining 
prices, products, and services in the securities markets. In Regulation 
NMS, while adopting a series of steps to improve the current market 
model, the Commission highlighted the importance of market forces in 
determining prices and SRO revenues and, also, recognized that current 
regulation of the market system ``has been remarkably successful in 
promoting market competition in its broader forms that are most 
important to investors and listed companies.'' \8\
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    \8\ Securities Exchange Act Release No. 51808 (June 9, 2005), 70 
FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting 
Release'').
---------------------------------------------------------------------------

    Likewise, in NetCoalition v. Securities and Exchange Commission \9\ 
(``NetCoalition'') the D.C. Circuit upheld the Commission's use of a 
market-based approach in evaluating the fairness of market data fees 
against a challenge claiming that Congress mandated a cost-based 
approach.\10\ As the court emphasized, the Commission ``intended in 
Regulation NMS that `market forces, rather than regulatory 
requirements' play a role in determining the market data . . . . to be 
made available to investors and at what cost.'' \11\
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    \9\ NetCoalition v. SEC, 615 F.3d 525 (DC Cir. 2010).
    \10\ See NetCoalition, at 534-535.
    \11\ Id. at 537.
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    Further, ``[n]o one disputes that competition for order flow is 
`fierce.' . . . As the SEC explained, `[i]n the U.S. national market 
system, buyers and sellers of securities, and the broker-dealers that 
act as their order-routing agents, have a wide range of choices of 
where to route orders for execution'; [and] `no exchange can afford to 
take its market share percentages for granted' because `no exchange 
possesses a monopoly, regulatory or otherwise, in the execution of 
order flow from broker dealers' . . . .'' \12\ Although the court and 
the SEC were discussing the cash equities markets, the Exchange 
believes that these views apply with equal force to the options 
markets.
---------------------------------------------------------------------------

    \12\ Id. at 539 (quoting Securities Exchange Act Release No. 
59039 (December 2, 2008), 73 FR 74770, 74782-83 (December 9, 2008) 
(SR-NYSEArca-2006-21)).
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    The Exchange believes it is reasonable and equitable to eliminate 
the fee waiver for Flash orders because the fee that the Exchange 
proposes to charge for

[[Page 28273]]

such orders are within the range of fees assessed by other exchanges 
employing similar pricing schemes. As noted above, pursuant to Section 
IV.E of the Exchange's Schedule of Fees, the Exchange does not charge a 
$.70 per contract marketing fee for Flash Orders, whereas MIAX and CBOE 
do so.\13\ The Exchange also provides a credit to Market Makers that 
respond to Flash Orders, pursuant to Section IV.G. As such, even with 
the proposed rule change, the Exchange's fee structure for Flash Orders 
will remain materially less expensive than the fee structures of other 
exchanges. Moreover, the Exchange operates in a highly competitive 
market in which market participants can readily direct order flow to 
another exchange if they deem fee levels at a particular exchange to be 
excessive.
---------------------------------------------------------------------------

    \13\ See Miax Options Options Fee Schedule, Section 1(b) (Mar. 
1, 2018); CBOE Exchange Inc. Fees Schedule (May 1, 2018).
---------------------------------------------------------------------------

    The Exchange also believes its proposal is not unfairly 
discriminatory because the proposed fees for Flash Orders would apply 
uniformly to all similarly situated Market Makers.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. In terms of inter-market 
competition, 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 this instance, the Exchange's proposal does not impose a burden 
on competition because the Exchange's execution services are completely 
voluntary and subject to extensive competition both from other 
exchanges and from off-exchange venues. Moreover, even with the 
proposed rule change, the range of fees that Exchange proposes to 
charge its Market Makers for Flash orders will remain competitive with 
the fees that other exchange charge. As noted above, pursuant to 
Section IV.E of the Exchange's Schedule of Fees, the Exchange does not 
charge a $.70 per contract marketing fee for Flash Orders, whereas MIAX 
and CBOE do so.\14\ The Exchange also provides a credit to Market 
Makers that respond to Flash Orders, pursuant to Section IV.G. Thus, 
even with the proposed rule change, the Exchange's fee structure for 
Flash Orders will remain materially less expensive than the fee 
structures of other exchanges.
---------------------------------------------------------------------------

    \14\ See Miax Options Options Fee Schedule, Section 1(b) (Mar. 
1, 2018); CBOE Exchange Inc. Fees Schedule (May 1, 2018).
---------------------------------------------------------------------------

    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,\15\ and Rule 19b-4(f)(2) \16\ 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.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \16\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-ISE-2018-50 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-2018-50. 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-2018-50 and should be submitted on 
or before July 9, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-12927 Filed 6-15-18; 8:45 am]
 BILLING CODE 8011-01-P



                                              28272                             Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices

                                              SUPPLEMENTARY INFORMATION:     The                         proposed rule change. The text of these                 reasonable dues, fees, and other charges
                                              United States Postal Service® hereby                       statements may be examined at the                       among members and issuers and other
                                              gives notice that, pursuant to 39 U.S.C.                   places specified in Item IV below. The                  persons using any facility, and is not
                                              3642 and 3632(b)(3), on June 12, 2018,                     Exchange has prepared summaries, set                    designed to permit unfair
                                              it filed with the Postal Regulatory                        forth in sections A, B, and C below, of                 discrimination between customers,
                                              Commission a USPS Request to Add                           the most significant aspects of such                    issuers, brokers, or dealers.
                                              Priority Mail Contract 443 to                              statements.                                                The Commission and the courts have
                                              Competitive Product List. Documents                                                                                repeatedly expressed their preference
                                                                                                         A. Self-Regulatory Organization’s
                                              are available at www.prc.gov, Docket                       Statement of the Purpose of, and                        for competition over regulatory
                                              Nos. MC2018–168, CP2018–240.                               Statutory Basis for, the Proposed Rule                  intervention in determining prices,
                                                                                                         Change                                                  products, and services in the securities
                                              Elizabeth Reed,
                                                                                                                                                                 markets. In Regulation NMS, while
                                              Attorney, Corporate and Postal Business Law.               1. Purpose                                              adopting a series of steps to improve the
                                              [FR Doc. 2018–12956 Filed 6–15–18; 8:45 am]                                                                        current market model, the Commission
                                                                                                            The purpose of this proposed rule
                                              BILLING CODE 7710–12–P
                                                                                                         change is to amend certain Market                       highlighted the importance of market
                                                                                                         Maker 3 fees for Regular Orders in Non-                 forces in determining prices and SRO
                                                                                                         Select Symbols 4 and FX Options.                        revenues and, also, recognized that
                                              SECURITIES AND EXCHANGE                                       Presently, the Exchange charges a                    current regulation of the market system
                                              COMMISSION                                                 base execution fee of $0.25 per contract                ‘‘has been remarkably successful in
                                              [Release No. 34–83411; File No. SR–ISE–                    to Members who trade 250,000 contracts                  promoting market competition in its
                                              2018–50]                                                   or less in a calendar month in Non-                     broader forms that are most important to
                                                                                                         Select Symbols and FX Options, and a                    investors and listed companies.’’ 8
                                              Self-Regulatory Organizations; Nasdaq                      fee of $0.20 per contract if a Member                      Likewise, in NetCoalition v. Securities
                                              ISE, LLC; Notice of Filing and                             trades more than 250,000 contracts in                   and Exchange Commission 9
                                              Immediate Effectiveness of Proposed                        Non-Select Symbols and FX Options in                    (‘‘NetCoalition’’) the D.C. Circuit upheld
                                              Rule Change To Amend Section IV.D of                       a calendar month. In addition, once a                   the Commission’s use of a market-based
                                              the Exchange’s Schedule of Fees                            Member reaches the highest tier, the fee                approach in evaluating the fairness of
                                                                                                         applicable to that tier will apply                      market data fees against a challenge
                                              June 12, 2018.                                             retroactively to all Market Maker                       claiming that Congress mandated a cost-
                                                 Pursuant to Section 19(b)(1) of the                     contracts for Regular Orders in Non-                    based approach.10 As the court
                                              Securities Exchange Act of 1934                            Select Symbols and FX Options.                          emphasized, the Commission ‘‘intended
                                              (‘‘Act’’),1 and Rule 19b–4 thereunder,2                    Presently, the Exchange waives this fee                 in Regulation NMS that ‘market forces,
                                              notice is hereby given that on May 30,                     entirely for Market Makers that execute                 rather than regulatory requirements’
                                              2018, Nasdaq ISE, LLC (‘‘ISE’’ or                          Flash Orders.5                                          play a role in determining the market
                                              ‘‘Exchange’’) filed with the Securities                       The Exchange proposes to eliminate                   data . . . . to be made available to
                                              and Exchange Commission (‘‘SEC’’ or                        this fee waiver for Flash Orders, such                  investors and at what cost.’’ 11
                                              ‘‘Commission’’) the proposed rule                          that Market Makers that execute Flash                      Further, ‘‘[n]o one disputes that
                                              change as described in Items I and II                      Orders will be subject to one of the two                competition for order flow is ‘fierce.’
                                              below, which Items have been prepared                      foregoing fee tiers. However, the                       . . . As the SEC explained, ‘[i]n the U.S.
                                              by the Exchange. The Commission is                         Exchange notes that Flash Orders will                   national market system, buyers and
                                              publishing this notice to solicit                          remain exempt from the $0.70 per                        sellers of securities, and the broker-
                                              comments on the proposed rule change                       contract Marketing Fee that it otherwise                dealers that act as their order-routing
                                              from interested persons.                                   charges to Market Makers pursuant to                    agents, have a wide range of choices of
                                              I. Self-Regulatory Organization’s                          Section IV.E of the Exchange’s Schedule                 where to route orders for execution’;
                                              Statement of the Terms of Substance of                     of Fees. The Exchange will also                         [and] ‘no exchange can afford to take its
                                              the Proposed Rule Change                                   continue to provide credits to Market                   market share percentages for granted’
                                                                                                         Makers that respond to Customer Flash                   because ‘no exchange possesses a
                                                 The Exchange proposes to Section                        Orders, pursuant to Section IV.G.                       monopoly, regulatory or otherwise, in
                                              IV.D. of the Exchange’s Schedule of                                                                                the execution of order flow from broker
                                              Fees, as described further below. The                      2. Statutory Basis
                                                                                                                                                                 dealers’ . . . .’’ 12 Although the court
                                              text of the proposed rule change is                           The Exchange believes that its                       and the SEC were discussing the cash
                                              available on the Exchange’s website at                     proposal is consistent with Section 6(b)                equities markets, the Exchange believes
                                              http://ise.cchwallstreet.com/, at the                      of the Act,6 in general, and furthers the               that these views apply with equal force
                                              principal office of the Exchange, and at                   objectives of Sections 6(b)(4) and 6(b)(5)              to the options markets.
                                              the Commission’s Public Reference                          of the Act,7 in particular, in that it                     The Exchange believes it is reasonable
                                              Room.                                                      provides for the equitable allocation of                and equitable to eliminate the fee
                                              II. Self-Regulatory Organization’s                            3 The term ‘‘Market Makers’’ refers to
                                                                                                                                                                 waiver for Flash orders because the fee
                                              Statement of the Purpose of, and                           ‘‘Competitive Market Makers’’ and ‘‘Primary Market      that the Exchange proposes to charge for
                                              Statutory Basis for, the Proposed Rule                     Makers’’ collectively. See ISE Rule 100(a)(28).
                                                                                                                                                                    8 Securities Exchange Act Release No. 51808
                                              Change                                                        4 ‘‘Non-Select Symbols’’ are options overlying all

                                                                                                         symbols excluding Select Symbols. ‘‘Select              (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005)
                                                 In its filing with the Commission, the                                                                          (‘‘Regulation NMS Adopting Release’’).
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                         Symbols’’ are options overlying all symbols listed
                                              Exchange included statements                               on ISE that are in the Penny Pilot Program.                9 NetCoalition v. SEC, 615 F.3d 525 (DC Cir.

                                              concerning the purpose of and basis for                       5 A ‘‘Flash Order’’ is an order that is exposed at   2010).
                                                                                                         the National Best Bid and Offer by the Exchange to         10 See NetCoalition, at 534–535.
                                              the proposed rule change and discussed                     all Members for execution prior to routing the order       11 Id. at 537.
                                              any comments it received on the                            to another exchange or cancelling it, as provided          12 Id. at 539 (quoting Securities Exchange Act
                                                                                                         under Supplementary Material .02 to ISE Rule 1901.      Release No. 59039 (December 2, 2008), 73 FR
                                                1 15   U.S.C. 78s(b)(1).                                    6 15 U.S.C. 78f(b).
                                                                                                                                                                 74770, 74782–83 (December 9, 2008) (SR–
                                                2 17   CFR 240.19b–4.                                       7 15 U.S.C. 78f(b)(4) and (5).                       NYSEArca–2006–21)).



                                         VerDate Sep<11>2014      18:00 Jun 15, 2018   Jkt 244001   PO 00000   Frm 00091   Fmt 4703   Sfmt 4703   E:\FR\FM\18JNN1.SGM   18JNN1


                                                                             Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices                                                   28273

                                              such orders are within the range of fees                Moreover, even with the proposed rule                  Comments may be submitted by any of
                                              assessed by other exchanges employing                   change, the range of fees that Exchange                the following methods:
                                              similar pricing schemes. As noted                       proposes to charge its Market Makers for
                                              above, pursuant to Section IV.E of the                  Flash orders will remain competitive                   Electronic Comments
                                              Exchange’s Schedule of Fees, the                        with the fees that other exchange                        • Use the Commission’s internet
                                              Exchange does not charge a $.70 per                     charge. As noted above, pursuant to                    comment form (http://www.sec.gov/
                                              contract marketing fee for Flash Orders,                Section IV.E of the Exchange’s Schedule                rules/sro.shtml); or
                                              whereas MIAX and CBOE do so.13 The                      of Fees, the Exchange does not charge a
                                              Exchange also provides a credit to                      $.70 per contract marketing fee for Flash                • Send an email to rule-comments@
                                              Market Makers that respond to Flash                     Orders, whereas MIAX and CBOE do                       sec.gov. Please include File Number SR–
                                              Orders, pursuant to Section IV.G. As                    so.14 The Exchange also provides a                     ISE–2018–50 on the subject line.
                                              such, even with the proposed rule                       credit to Market Makers that respond to                Paper Comments
                                              change, the Exchange’s fee structure for                Flash Orders, pursuant to Section IV.G.
                                              Flash Orders will remain materially less                Thus, even with the proposed rule                        • Send paper comments in triplicate
                                              expensive than the fee structures of                    change, the Exchange’s fee structure for               to Secretary, Securities and Exchange
                                              other exchanges. Moreover, the                          Flash Orders will remain materially less               Commission, 100 F Street NE,
                                              Exchange operates in a highly                           expensive than the fee structures of                   Washington, DC 20549–1090.
                                              competitive market in which market                      other exchanges.
                                              participants can readily direct order                     In sum, if the changes proposed                      All submissions should refer to File
                                              flow to another exchange if they deem                   herein are unattractive to market                      Number SR–ISE–2018–50. This file
                                              fee levels at a particular exchange to be               participants, it is likely that the                    number should be included on the
                                              excessive.                                              Exchange will lose market share as a                   subject line if email is used. To help the
                                                 The Exchange also believes its                       result. Accordingly, the Exchange does                 Commission process and review your
                                              proposal is not unfairly discriminatory                 not believe that the proposed changes                  comments more efficiently, please use
                                              because the proposed fees for Flash                     will impair the ability of members or                  only one method. The Commission will
                                              Orders would apply uniformly to all                     competing order execution venues to                    post all comments on the Commission’s
                                              similarly situated Market Makers.                       maintain their competitive standing in                 internet website (http://www.sec.gov/
                                                                                                      the financial markets.                                 rules/sro.shtml). Copies of the
                                              B. Self-Regulatory Organization’s                                                                              submission, all subsequent
                                              Statement on Burden on Competition                      C. Self-Regulatory Organization’s                      amendments, all written statements
                                                 The Exchange does not believe that                   Statement on Comments on the                           with respect to the proposed rule
                                              the proposed rule change will impose                    Proposed Rule Change Received From                     change that are filed with the
                                              any burden on competition not                           Members, Participants, or Others                       Commission, and all written
                                              necessary or appropriate in furtherance                   No written comments were either                      communications relating to the
                                              of the purposes of the Act. In terms of                 solicited or received.                                 proposed rule change between the
                                              inter-market competition, the Exchange                                                                         Commission and any person, other than
                                              notes that it operates in a highly                      III. Date of Effectiveness of the
                                                                                                                                                             those that may be withheld from the
                                              competitive market in which market                      Proposed Rule Change and Timing for
                                                                                                                                                             public in accordance with the
                                              participants can readily favor competing                Commission Action
                                                                                                                                                             provisions of 5 U.S.C. 552, will be
                                              venues if they deem fee levels at a                        The foregoing rule change has become                available for website viewing and
                                              particular venue to be excessive, or                    effective pursuant to Section                          printing in the Commission’s Public
                                              rebate opportunities available at other                 19(b)(3)(A)(ii) of the Act,15 and Rule                 Reference Room, 100 F Street NE,
                                              venues to be more favorable. In such an                 19b–4(f)(2) 16 thereunder. At any time                 Washington, DC 20549, on official
                                              environment, the Exchange must                          within 60 days of the filing of the                    business days between the hours of
                                              continually adjust its fees to remain                   proposed rule change, the Commission                   10:00 a.m. and 3:00 p.m. Copies of the
                                              competitive with other exchanges and                    summarily may temporarily suspend                      filing also will be available for
                                              with alternative trading systems that                   such rule change if it appears to the                  inspection and copying at the principal
                                              have been exempted from compliance                      Commission that such action is: (i)                    office of the Exchange. All comments
                                              with the statutory standards applicable                 Necessary or appropriate in the public                 received will be posted without change.
                                              to exchanges. Because competitors are                   interest; (ii) for the protection of                   Persons submitting comments are
                                              free to modify their own fees in                        investors; or (iii) otherwise in                       cautioned that we do not redact or edit
                                              response, and because market                            furtherance of the purposes of the Act.                personal identifying information from
                                              participants may readily adjust their                   If the Commission takes such action, the               comment submissions. You should
                                              order routing practices, the Exchange                   Commission shall institute proceedings                 submit only information that you wish
                                              believes that the degree to which fee                   to determine whether the proposed rule                 to make available publicly. All
                                              changes in this market may impose any                   should be approved or disapproved.                     submissions should refer to File
                                              burden on competition is extremely                                                                             Number SR–ISE–2018–50 and should be
                                              limited.                                                IV. Solicitation of Comments
                                                                                                                                                             submitted on or before July 9, 2018.
                                                 In this instance, the Exchange’s                       Interested persons are invited to
                                              proposal does not impose a burden on                    submit written data, views, and                          For the Commission, by the Division of
                                              competition because the Exchange’s                      arguments concerning the foregoing,                    Trading and Markets, pursuant to delegated
                                                                                                                                                             authority.17
amozie on DSK3GDR082PROD with NOTICES1




                                              execution services are completely                       including whether the proposed rule
                                              voluntary and subject to extensive                      change is consistent with the Act.                     Eduardo A. Aleman,
                                              competition both from other exchanges                                                                          Assistant Secretary.
                                              and from off-exchange venues.                             14 See Miax Options Options Fee Schedule,
                                                                                                                                                             [FR Doc. 2018–12927 Filed 6–15–18; 8:45 am]
                                                                                                      Section 1(b) (Mar. 1, 2018); CBOE Exchange Inc.
                                                                                                      Fees Schedule (May 1, 2018).                           BILLING CODE 8011–01–P
                                                13 See Miax Options Options Fee Schedule,
                                                                                                        15 15 U.S.C. 78s(b)(3)(A)(ii).
                                              Section 1(b) (Mar. 1, 2018); CBOE Exchange Inc.
                                              Fees Schedule (May 1, 2018).                              16 17 CFR 240.19b–4(f)(2).                             17 17   CFR 200.30–3(a)(12).



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Document Created: 2018-06-18 15:51:09
Document Modified: 2018-06-18 15:51:09
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 28272 

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