83 FR 42193 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees at Section II
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 83, Issue 161 (August 20, 2018)
Federal Register Volume 83, Issue 161 (August 20, 2018)
| Page Range | 42193-42195 | |
| FR Document | 2018-17828 |
[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)] [Notices] [Pages 42193-42195] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17828] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-83841; File No. SR-ISE-2018-72] Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees at Section II August 14, 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 July 30, 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. --------------------------------------------------------------------------- [[Page 42194]] I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend the Schedule of Fees at Section II entitled ``Complex Orders Fees and Rebates.'' While the changes proposed herein are effective upon filing, the Exchange has designated the amendments become operative on August 1, 2018. 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 Schedule of Fees at Section II entitled ``Complex Orders Fees and Rebates.'' Specifically, the Exchange is proposing to lower the qualifying Complex Order Volume in Tiers 4-7, as explained in more detail below, to attract a greater amount of Priority Customer \3\ Complex Order flow on ISE by paying the same rebates, but requiring less qualifying volume in those tiers. --------------------------------------------------------------------------- \3\ 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). Unless otherwise noted, when used in this Schedule of Fees the term ``Priority Customer'' includes ``Retail'' as defined below. --------------------------------------------------------------------------- Currently, the Exchange has a pricing structure in place for Complex Orders that provides rebates to Priority Customer Complex Orders in order to encourage Members to bring that order flow to the Exchange. Specifically, Priority Customer Complex Orders are provided rebates in Select Symbols \4\ and Non-Select Symbols.\5\ Rebates are provided per contract per leg if the order trades with non-Priority Customer orders in the Complex Order Book or trades with quotes and orders on the regular order book. Customer Complex Order rebates are paid a rebate based on a percentage of industry volume. Priority Customer Complex Tiers are based on Total Affiliated Member Complex Order Volume (excluding Crossing Orders and Responses to Crossing Orders) and are calculated as a percentage of Customer Total Consolidated Volume. All Complex Order volume executed on the Exchange, including volume executed by Affiliated Members, is included in the volume calculation, except for volume executed as Crossing Orders and Responses to Crossing Orders.\6\ Currently, there are nine Priority Customer Complex Order Tiers based on the percentage of industry volume calculation: --------------------------------------------------------------------------- \4\ ``Select Symbols'' are options overlying all symbols listed on the Nasdaq ISE that are in the Penny Pilot Program. \5\ ``Non-Select Symbols'' are options overlying all symbols excluding Select Symbols. For Non-Select Symbols, no rebates will be paid for orders in NDX, NQX and MNX \6\ An ``Affiliated Member'' is a Member that shares at least 75% common ownership with a particular Member as reflected on the Member's Form BD, Schedule A. Furthermore, ``Customer Total Consolidated Volume'' means the total national volume cleared at The Options Clearing Corporation in the Customer range in equity and ETF options in that month. ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- Tier 1..................................... 0.000%-0.200%...................... ($0.25) ($0.40) Tier 2..................................... Above 0.200%-0.400%................ (0.30) (0.55) Tier 3..................................... Above 0.400%-0.600%................ (0.35) (0.70) Tier 4..................................... Above 0.600%-0.800%................ (0.40) (0.75) Tier 5..................................... Above 0.800%-1.000%................ (0.45) (0.80) Tier 6..................................... Above 1.000%-1.600%................ (0.46) (0.80) Tier 7..................................... Above 1.600%-2.000%................ (0.48) (0.80) Tier 8..................................... Above 2.000%-3.250%................ (0.50) (0.85) Tier 9..................................... Above 3.250%....................... (0.50) (0.85) ---------------------------------------------------------------------------------------------------------------- At this time the Exchange proposes to amend the Total Affiliated Member Complex Order Volume, which excludes Crossing Orders and Responses to Crossing Orders, that are calculated as a percentage of Customer Total Consolidated Volume in Tiers 4-7. Today, Tier 4 requires Total Affiliated Member Complex Order Volume between 0.600% and 0.800%. The Exchange is amending Tier 4 to require Total Affiliated Member Complex Order Volume between 0.600% and 0.750%. Today, Tier 5 requires Total Affiliated Member Complex Order Volume between 0.800% and 1.000%. The Exchange is amending Tier 5 to require Total Affiliated Member Complex Order Volume between 0.750% and 1.000%. So, today a portion of Complex Order volume which qualified for Tier 4 volume would qualify as Tier 5 volume pursuant to this proposal. Today, Tier 6 requires Total Affiliated Member Complex Order Volume between 1.000%-1.600%. The Exchange is amending Tier 6 to require Total Affiliated Member Complex Order Volume between 1.000%-1.500%. So, today a portion of Complex Order volume which qualified as Tier 5 volume would qualify for Tier 6 volume pursuant to this proposal. Today, Tier 7 requires Total Affiliated Member Complex Order Volume between 1.600%-2.000%. The Exchange is amending Tier 7 to require Total Affiliated Member Complex Order Volume between 1.500%-2.000%. So, today a portion of Complex Order volume which qualified as Tier 6 volume would qualify as Tier 7 volume pursuant to this proposal. Members may earn greater rebates in Select and Non-Select Symbols simply by sending in certain of the same volume in Tiers 4-7 today, provided it would qualify for the higher tier pursuant to this proposal which lowers volume in Tier 4-7. No changes are proposed to Tier 1-3 or Tiers 8 and 9. No changes are proposed to any corresponding rebates in either Select or Non-Select Symbols. 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) [[Page 42195]] of the Act,\7\ in general, and furthers the objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\8\ 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. --------------------------------------------------------------------------- \7\ 15 U.S.C. 78f(b). \8\ 15 U.S.C. 78f(b)(4) and (5). --------------------------------------------------------------------------- The Exchange believes that the proposed changes to the Priority Customer Complex Order Tiers are reasonable as these changes are designed to incentivize Members to trade Complex Orders, and, in particular Priority Customer Complex Orders, on the Exchange. The Exchange's proposal, which lowers the qualifying Total Affiliated Member Complex Order Volume in Tiers 4-7, is intended to encourage Members to submit the same or a greater amount of Priority Customer Complex Order flow to obtain a higher rebate. In addition, the Exchange believes that the proposed changes are equitable and not unfairly discriminatory as these changes are designed to encourage Members to transact more Complex Order flow, and in particular, Priority Customer Complex Orders, on ISE. The Exchange does not believe that it is unfairly discriminatory to provide rebates only to Priority Customer Complex Orders as this type of order flow enhances liquidity on the Exchange for the benefit of all market participants by providing more trading opportunities, which attracts Market Makers. The Exchange believes that the proposed changes to the Priority Customer Complex Tiers will benefit all market participants that trade on ISE by increasing their opportunities to trade and earn rebates. B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. The Exchange believes that the proposed changes will enhance both inter-market and intra-market competition by increasing opportunities for Members to obtain rebates by transacting Priority Customer Complex Orders. The Exchange believes that the proposed fees and rebates remain competitive with those on other options markets, and will continue to attract order flow to the Exchange, thereby encouraging additional volume and liquidity to the benefit of all market participants. Priority Customer Complex Order flow enhances liquidity on the Exchange for the benefit of all market participants by providing more trading opportunities, which attracts Market Makers. The Exchange operates in a highly competitive market in which market participants can readily direct their order flow to competing venues. In such an environment, the Exchange must continually review, and consider adjusting, its fees and rebates to remain competitive with other exchanges. For the reasons described above, the Exchange believes that the proposed fee changes reflect this competitive environment. 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 \9\ and Rule 19b-4(f)(2) \10\ 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. --------------------------------------------------------------------------- \9\ 15 U.S.C. 78s(b)(3)(A)(ii). \10\ 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 CommentsUse 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-2018-72 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-2018-72. 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-2018-72 and should be submitted on or before September 10, 2018. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\11\ --------------------------------------------------------------------------- \11\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Robert W. Errett, Deputy Secretary. [FR Doc. 2018-17828 Filed 8-17-18; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Notices 42193
The website for the Fund will include competition among market participants, proposed rule change between the
the prospectus for the Fund and to the benefit of investors and the Commission and any person, other than
additional data relating to NAV and marketplace. those that may be withheld from the
other applicable quantitative public in accordance with the
C. Self-Regulatory Organization’s
information. Moreover, prior to provisions of 5 U.S.C. 552, will be
Statement on Comments on the
commencement of trading, the Exchange available for website viewing and
will inform its ETP Holders in an Proposed Rule Change Received From
Members, Participants, or Others printing in the Commission’s Public
Information Bulletin of the special Reference Room, 100 F Street NE,
characteristics and risks associated with No written comments were solicited
Washington, DC 20549 on official
trading the Shares. Trading in Shares of or received with respect to the proposed
business days between the hours of
the Fund will be halted if the circuit rule change.
10:00 a.m. and 3:00 p.m. Copies of such
breaker parameters in NYSE Arca Rule III. Date of Effectiveness of the
7.12–E have been reached or because of filing also will be available for
Proposed Rule Change and Timing for inspection and copying at the principal
market conditions or for reasons that, in
Commission Action office of the Exchange. All comments
the view of the Exchange, make trading
the Shares inadvisable. In addition, as Within 45 days of the date of received will be posted without change.
noted above, investors will have ready publication of this notice in the Federal Persons submitting comments are
access to information regarding the Register or within such longer period cautioned that we do not redact or edit
Fund’s holdings, the IIV, the Fund’s up to 90 days (i) as the Commission may personal identifying information from
portfolio, and quotation and last sale designate if it finds such longer period comment submissions. You should
information for the Shares. to be appropriate and publishes its submit only information that you wish
The proposed rule change is designed reasons for so finding or (ii) as to which to make available publicly. All
to perfect the mechanism of a free and the self-regulatory organization submissions should refer to File
open market and, in general, to protect consents, the Commission will: Number SR–NYSEArca–2018–57, and
investors and the public interest in that (A) By order approve or disapprove should be submitted on or before
it will facilitate the listing and trading the proposed rule change, or September 10, 2018.
of an additional type of exchange-traded (B) institute proceedings to determine
product that will enhance competition whether the proposed rule change For the Commission, by the Division of
among market participants, to the should be disapproved. Trading and Markets, pursuant to delegated
benefit of investors and the marketplace. authority.27
IV. Solicitation of Comments Robert W. Errett,
As noted above, the Shares will be
subject to the existing trading Interested persons are invited to Deputy Secretary.
surveillances administered by the submit written data, views, and [FR Doc. 2018–17832 Filed 8–17–18; 8:45 am]
Exchange or FINRA on behalf of the arguments concerning the foregoing,
BILLING CODE 8011–01–P
Exchange, which are designed to detect including whether the proposed rule
violations of Exchange rules and federal change, as modified by Amendment No.
securities laws applicable to trading on 1, is consistent with the Act. Comments
SECURITIES AND EXCHANGE
the Exchange. The Exchange or FINRA, may be submitted by any of the
COMMISSION
on behalf of the Exchange, will following methods:
communicate as needed regarding Electronic Comments
trading in the Shares and LEAPS with [Release No. 34–83841; File No. SR–ISE–
other market and other entities that are • Use the Commission’s internet 2018–72]
members of ISG, and the Exchange or comment form (http://www.sec.gov/
rules/sro.shtml); or Self-Regulatory Organizations; Nasdaq
FINRA, on behalf of the Exchange, may
obtain trading information in the Shares • Send an email to rule-comments@ ISE, LLC; Notice of Filing and
and LEAPS from such markets and other sec.gov. Please include File Number SR– Immediate Effectiveness of Proposed
entities. In addition, the Exchange may NYSEArca–2018–57 on the subject line. Rule Change To Amend the Schedule
obtain information regarding trading in of Fees at Section II
Paper Comments
the Shares and LEAPS from markets and
other entities that are members of ISG or • Send paper comments in triplicate August 14, 2018.
with which the Exchange has in place to Secretary, Securities and Exchange Pursuant to Section 19(b)(1) of the
a comprehensive surveillance sharing Commission, 100 F Street NE, Securities Exchange Act of 1934
agreement. In addition, as noted above, Washington, DC 20549–1090. (‘‘Act’’),1 and Rule 19b–4 thereunder,2
investors will have ready access to All submissions should refer to File notice is hereby given that on July 30,
information regarding the Fund’s Number SR–NYSEArca–2018–57. This 2018, Nasdaq ISE, LLC (‘‘ISE’’ or
holdings, the IIV, and quotation and last file number should be included on the ‘‘Exchange’’) filed with the Securities
sale information for the Shares. subject line if email is used. To help the and Exchange Commission
Commission process and review your (‘‘Commission’’) the proposed rule
B. Self-Regulatory Organization’s comments more efficiently, please use
Statement on Burden on Competition change as described in Items I and II
only one method. The Commission will below, which Items have been prepared
The Exchange does not believe that post all comments on the Commission’s
by the Exchange. The Commission is
the proposed rule change will impose internet website (http://www.sec.gov/
daltland on DSKBBV9HB2PROD with NOTICES
publishing this notice to solicit
any burden on competition that is not rules/sro.shtml). Copies of the
comments on the proposed rule change
necessary or appropriate in furtherance submission, all subsequent
of the purpose of the Act. The Exchange amendments, all written statements from interested persons.
notes that the proposed rule change will with respect to the proposed rule
facilitate the listing and trading of an change that are filed with the 27 17 CFR 200.30–3(a)(12).
additional type of Units that can hold Commission, and all written 1 15 U.S.C. 78s(b)(1).
options contracts and that will enhance communications relating to the 2 17 CFR 240.19b–4.
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![Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Notices 42195
of the Act,7 in general, and furthers the benefit of all market participants. Commission, 100 F Street NE,
objectives of Sections 6(b)(4) and 6(b)(5) Priority Customer Complex Order flow Washington, DC 20549–1090.
of the Act,8 in particular, in that it enhances liquidity on the Exchange for
provides for the equitable allocation of the benefit of all market participants by All submissions should refer to File
reasonable dues, fees, and other charges providing more trading opportunities, Number SR–ISE–2018–72. This file
among members and issuers and other which attracts Market Makers. number should be included on the
persons using any facility, and is not The Exchange operates in a highly subject line if email is used. To help the
designed to permit unfair competitive market in which market Commission process and review your
discrimination between customers, participants can readily direct their comments more efficiently, please use
issuers, brokers, or dealers. order flow to competing venues. In such only one method. The Commission will
The Exchange believes that the an environment, the Exchange must post all comments on the Commission’s
proposed changes to the Priority continually review, and consider internet website (http://www.sec.gov/
Customer Complex Order Tiers are adjusting, its fees and rebates to remain rules/sro.shtml). Copies of the
reasonable as these changes are competitive with other exchanges. For submission, all subsequent
designed to incentivize Members to the reasons described above, the amendments, all written statements
trade Complex Orders, and, in particular Exchange believes that the proposed fee with respect to the proposed rule
Priority Customer Complex Orders, on changes reflect this competitive change that are filed with the
the Exchange. The Exchange’s proposal, environment. Commission, and all written
which lowers the qualifying Total communications relating to the
Affiliated Member Complex Order C. Self-Regulatory Organization’s
Statement on Comments on the proposed rule change between the
Volume in Tiers 4–7, is intended to
Proposed Rule Change Received From Commission and any person, other than
encourage Members to submit the same
or a greater amount of Priority Customer Members, Participants, or Others those that may be withheld from the
Complex Order flow to obtain a higher public in accordance with the
No written comments were either
rebate. provisions of 5 U.S.C. 552, will be
solicited or received.
In addition, the Exchange believes available for website viewing and
that the proposed changes are equitable III. Date of Effectiveness of the printing in the Commission’s Public
and not unfairly discriminatory as these Proposed Rule Change and Timing for Reference Room, 100 F Street NE,
changes are designed to encourage Commission Action Washington, DC 20549, on official
Members to transact more Complex The foregoing rule change has become business days between the hours of
Order flow, and in particular, Priority effective pursuant to Section 10:00 a.m. and 3:00 p.m. Copies of the
Customer Complex Orders, on ISE. The 19(b)(3)(A)(ii) of the Act 9 and Rule 19b– filing also will be available for
Exchange does not believe that it is 4(f)(2) 10 thereunder. At any time within inspection and copying at the principal
unfairly discriminatory to provide 60 days of the filing of the proposed rule office of the Exchange. All comments
rebates only to Priority Customer change, the Commission summarily may received will be posted without change.
Complex Orders as this type of order temporarily suspend such rule change if Persons submitting comments are
flow enhances liquidity on the it appears to the Commission that such cautioned that we do not redact or edit
Exchange for the benefit of all market action is: (i) Necessary or appropriate in personal identifying information from
participants by providing more trading the public interest; (ii) for the protection comment submissions. You should
opportunities, which attracts Market of investors; or (iii) otherwise in submit only information that you wish
Makers. The Exchange believes that the furtherance of the purposes of the Act. to make available publicly. All
proposed changes to the Priority If the Commission takes such action, the submissions should refer to File
Customer Complex Tiers will benefit all Commission shall institute proceedings Number SR–ISE–2018–72 and should be
market participants that trade on ISE by to determine whether the proposed rule
increasing their opportunities to trade submitted on or before September 10,
should be approved or disapproved. 2018.
and earn rebates.
IV. Solicitation of Comments For the Commission, by the Division of
B. Self-Regulatory Organization’s
Interested persons are invited to Trading and Markets, pursuant to delegated
Statement on Burden on Competition
submit written data, views, and authority.11
The Exchange does not believe that arguments concerning the foregoing, Robert W. Errett,
the proposed rule change will impose including whether the proposed rule Deputy Secretary.
any burden on competition not change is consistent with the Act. [FR Doc. 2018–17828 Filed 8–17–18; 8:45 am]
necessary or appropriate in furtherance Comments may be submitted by any of
of the purposes of the Act. The the following methods:
BILLING CODE 8011–01–P
Exchange believes that the proposed
changes will enhance both inter-market Electronic Comments
and intra-market competition by • Use the Commission’s internet
increasing opportunities for Members to comment form (http://www.sec.gov/
obtain rebates by transacting Priority rules/sro.shtml); or
Customer Complex Orders. The • Send an email to rule-comments@
Exchange believes that the proposed sec.gov. Please include File Number SR–
fees and rebates remain competitive ISE–2018–72 on the subject line.
daltland on DSKBBV9HB2PROD with NOTICES
with those on other options markets,
and will continue to attract order flow Paper Comments
to the Exchange, thereby encouraging • Send paper comments in triplicate
additional volume and liquidity to the to Secretary, Securities and Exchange
7 15 U.S.C. 78f(b). 9 15 U.S.C. 78s(b)(3)(A)(ii).
8 15 U.S.C. 78f(b)(4) and (5). 10 17 CFR 240.19b–4(f)(2). 11 17 CFR 200.30–3(a)(12).
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Document Created: 2018-08-18 01:28:24
Document Modified: 2018-08-18 01:28:24
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 83 FR 42193 |
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