83_FR_52794 83 FR 52593 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Certain Maker/Taker Fees in Section I of the Exchanges Schedule of Fees

83 FR 52593 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Certain Maker/Taker Fees in Section I of the Exchanges Schedule of Fees

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 201 (October 17, 2018)

Page Range52593-52595
FR Document2018-22538

Federal Register, Volume 83 Issue 201 (Wednesday, October 17, 2018)
[Federal Register Volume 83, Number 201 (Wednesday, October 17, 2018)]
[Notices]
[Pages 52593-52595]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22538]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84402; File No. SR-ISE-2018-83]


Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend Certain 
Maker/Taker Fees in Section I of the Exchanges Schedule of Fees

October 11, 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 October 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, II, and III, below, which 
Items have been prepared by the Exchange. The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend certain maker/taker fees in Section 
I 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 the proposed rule change is to amend the Exchange's

[[Page 52594]]

Schedule of Fees to modify the Section I taker fee for Priority 
Customers \3\ to $0.41, and the Section I maker fee for non-Priority 
Customers \4\ to $0.11.
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    \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).
    \4\ Non-Priority Customers are Market Makers, Non-Nasdaq ISE 
Market Makers, Firm Proprietary/Broker-Dealers, and Professional 
Customers.
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    As provided in Section I of the Schedule of Fees, the Exchange 
currently charges Priority Customers a taker fee for regular orders in 
Select Symbols \5\ that is $0.44 per contract, except in SPY, QQQ, IWM 
and VXX, where this fee is $0.40 per contract. The Exchange now 
proposes to charge Priority Customers a uniform taker fee of $0.41 per 
contract in all Select Symbols, and make a related change to delete the 
reference to the reduced taker fee for SPY, QQQ, IWM and VXX. As a 
result, while the reduced taker fee currently assessed for SPY, QQQ, 
IWM and VXX will be increased by $0.01 per contract, the fee will be 
decreased by $0.03 for all other Select Symbols.
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    \5\ ``Select Symbols'' are options overlying all symbols listed 
on the Nasdaq ISE that are in the Penny Pilot Program.
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    As provided in Section I of the Schedule of Fees, the Exchange 
currently charges non-Priority Customers a maker fee in Select Symbols 
that is $0.10 per contract.\6\ The Exchange now seeks to increase this 
fee to $0.11 per contract.
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    \6\ As it relates solely to Market Makers, however: (i) Market 
Makers that qualify for Market Maker Plus will not pay this fee if 
they meet the applicable tier thresholds set forth in the table 
within Section I of the Schedule of Fees and will instead receive a 
rebate based on the applicable tier for which they qualify; (ii) no 
fee will be charged or rebate provided when trading against non-
Priority Customer complex orders that leg into the regular order 
book; and (iii) a $0.15 per contract fee applies instead of the 
applicable fee or rebate when trading against Priority Customer 
complex orders that leg into the regular order book. A $0.15 per 
contract fee likewise applies to Non-Nasdaq ISE Market Makers 
instead of the applicable fee or rebate when trading against 
Priority Customer complex orders that leg into the regular order 
book. These fees and rebates are not changing under this proposal.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) 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 it is reasonable to charge Priority 
Customers a uniform taker fee of $0.41 per contract in all Select 
Symbols and no longer differentiate between the different products, as 
described above. While the reduced taker fee currently assessed for 
SPY, QQQ, IWM and VXX will be increased by $0.01 per contract, this fee 
will be decreased by $0.03 for all other Select Symbols. As such, the 
Exchange believes the modest increase in the taker fee for SPY, QQQ, 
IWM and VXX will be offset by the larger decrease for all other Select 
Symbols, and will also simplify Priority Customer taker pricing by 
assessing a uniform fee for Priority Customer all Select Symbols 
instead of differentiating by product. Furthermore, the proposed taker 
fee of $0.41 per contract continues to be competitive with another 
options exchange,\9\ and also remains lower than the fees charged to 
other market participants that remove Select Symbol liquidity on the 
Exchange.\10\
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    \9\ For instance, Cboe C2 Options Exchange (``C2'') charges its 
public customers a $0.43 per contract fee for removing liquidity in 
penny classes. See C2 Fees Schedule, Transaction Fees.
    \10\ Specifically, this fee is currently $0.45 per contract for 
Market Maker orders and $0.46 per contract for Non-Nasdaq ISE Market 
Maker orders, Firm Proprietary/Broker-Dealer orders, and 
Professional Customer orders. See Schedule of Fees, Section I.
---------------------------------------------------------------------------

    In addition, the Exchange believes that this proposal is equitable 
and not unfairly discriminatory because the Exchange will apply the 
same taker fee to all similarly situated members in a uniform manner. 
The Exchange does not believe that it is unfairly discriminatory to 
offer a lower taker fee to Priority Customers. Priority Customer 
interest brings valuable liquidity to the market, which liquidity 
benefits other market participants. Priority Customer liquidity 
benefits all market participants by providing more trading 
opportunities, which attracts Market Makers. An increase in the 
activity of these market participants in turn facilitates tighter 
spreads, which may cause an additional corresponding increase in order 
flow from other market participants.
    The Exchange believes that its proposal to increase the maker fee 
for all non-Priority Customer transactions in Select Symbols from $0.10 
to $0.11 per contract is reasonable because it is a modest increase, 
and is in part to offset the proposed reduction in taker fees as 
described above. Furthermore, Market Makers that qualify for Market 
Maker Plus will not pay the maker fee if they meet the applicable tier 
thresholds set forth in the table within Section I of the Schedule of 
Fees and will instead receive a rebate based on the applicable tier for 
which they qualify.\11\ The Exchange also notes that its maker pricing 
as proposed for non-Priority Customers herein remains competitive 
compared to another options exchange.\12\ The Exchange further believes 
that its proposed maker pricing is equitable and not unfairly 
discriminatory because the Exchange will apply the same maker fee to 
all similarly situated members.
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    \11\ See Schedule of Fees, Section I, note 5.
    \12\ For instance, Nasdaq PHLX (``Phlx'') charges non-Customers 
the following Penny Pilot options transaction charges: $0.22 per 
contract for Specialists and Market Makers (plus a $0.25 per 
contract marketing fee in Penny Pilot options that is applied to 
those who elect to participate in the Marketing program for a total 
of $0.47 per contract); and $0.48 per contract for Broker-Dealers, 
Firms, and Professionals. See Phlx Pricing Schedule, Section II.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The Exchange's proposal to 
modify the Priority Customer taker fee and non-Priority Customer maker 
fee in Section I, each as described above, does not impose an undue 
burden on competition because the Exchange believes that its maker/
taker pricing remains competitive compared to other options 
exchanges.\13\ Furthermore, the Exchange would uniformly assess the 
proposed maker/taker fees to all similarly situated market 
participants, as discussed above. 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.
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    \13\ See notes 9 and 12 above.

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[[Page 52595]]

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.\14\ 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.
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    \14\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

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 rule-comments@sec.gov. Please include 
File Number SR-ISE-2018-83 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-2018-83. 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-2018-83 and should be submitted on 
or before November 7, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-22538 Filed 10-16-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                            Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices                                           52593

                                               participants. While different fees are                     Paper Comments                                        SECURITIES AND EXCHANGE
                                               assessed to different market participants                                                                        COMMISSION
                                               in some circumstances, these different                       • Send paper comments in triplicate
                                                                                                          to Secretary, Securities and Exchange                 [Release No. 34–84402; File No. SR–ISE–
                                               market participants have different                                                                               2018–83]
                                               obligations and different circumstances                    Commission, 100 F Street NE,
                                               as discussed above. For example,                           Washington, DC 20549–1090.                            Self-Regulatory Organizations; Nasdaq
                                               Market Makers have quoting obligations                     All submissions should refer to File                  ISE, LLC; Notice of Filing and
                                               that other market participants do not                      Number SR–CboeBZX–2018–075. This                      Immediate Effectiveness of Proposed
                                               have. Further, the proposed fees                           file number should be included on the                 Rule Change To Amend Certain Maker/
                                               structure for RUT is intended to                                                                                 Taker Fees in Section I of the
                                                                                                          subject line if email is used. To help the
                                               encourage more trading of RUT, which                                                                             Exchanges Schedule of Fees
                                                                                                          Commission process and review your
                                               brings liquidity to the Exchange and
                                               benefits all market participants.                          comments more efficiently, please use                 October 11, 2018.
                                                                                                          only one method. The Commission will                     Pursuant to Section 19(b)(1) of the
                                                  The Exchange also does not believe
                                                                                                          post all comments on the Commission’s                 Securities Exchange Act of 1934
                                               that the proposed rule changes will
                                               impose any burden on intermarket                           internet website (http://www.sec.gov/                 (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                               competition that is not necessary or                       rules/sro.shtml). Copies of the                       notice is hereby given that on October
                                               appropriate in furtherance of the                          submission, all subsequent                            1, 2018, Nasdaq ISE, LLC (‘‘ISE’’ or
                                               purposes of the Act because the                            amendments, all written statements                    ‘‘Exchange’’) filed with the Securities
                                               proposed RUT fees are in line with                         with respect to the proposed rule                     and Exchange Commission
                                               amounts assessed by other exchanges.                       change that are filed with the                        (‘‘Commission’’) the proposed rule
                                                                                                          Commission, and all written                           change as described in Items I, II, and
                                               C. Self-Regulatory Organization’s                          communications relating to the                        III, below, which Items have been
                                               Statement on Comments on the                               proposed rule change between the                      prepared by the Exchange. The
                                               Proposed Rule Change Received From                         Commission and any person, other than                 Commission is publishing this notice to
                                               Members, Participants, or Others                                                                                 solicit comments on the proposed rule
                                                                                                          those that may be withheld from the
                                                                                                                                                                change from interested persons.
                                                 The Exchange has not solicited, and                      public in accordance with the
                                               does not intend to solicit, comments on                    provisions of 5 U.S.C. 552, will be                   I. Self-Regulatory Organization’s
                                               this proposed rule change. The                             available for website viewing and                     Statement of the Terms of Substance of
                                               Exchange has not received any written                      printing in the Commission’s Public                   the Proposed Rule Change
                                               comments from members or other                             Reference Room, 100 F Street NE,                         The Exchange proposes to amend
                                               interested parties.                                        Washington, DC 20549, on official                     certain maker/taker fees in Section I of
                                               III. Date of Effectiveness of the                          business days between the hours of                    the Exchange’s Schedule of Fees, as
                                               Proposed Rule Change and Timing for                        10:00 a.m. and 3:00 p.m. Copies of the                described further below.
                                               Commission Action                                          filing also will be available for                        The text of the proposed rule change
                                                                                                          inspection and copying at the principal               is available on the Exchange’s website at
                                                  The foregoing rule change has become                    office of the Exchange. All comments                  http://ise.cchwallstreet.com/, at the
                                               effective pursuant to Section 19(b)(3)(A)                                                                        principal office of the Exchange, and at
                                                                                                          received will be posted without change.
                                               of the Act 11 and paragraph (f) of Rule                                                                          the Commission’s Public Reference
                                                                                                          Persons submitting comments are
                                               19b–4 thereunder.12 At any time within                                                                           Room.
                                               60 days of the filing of the proposed rule                 cautioned that we do not redact or edit
                                               change, the Commission summarily may                       personal identifying information from                 II. Self-Regulatory Organization’s
                                               temporarily suspend such rule change if                    comment submissions. You should                       Statement of the Purpose of, and
                                               it appears to the Commission that such                     submit only information that you wish                 Statutory Basis for, the Proposed Rule
                                               action is necessary or appropriate in the                  to make available publicly. All                       Change
                                               public interest, for the protection of                     submissions should refer to File                         In its filing with the Commission, the
                                               investors, or otherwise in furtherance of                  Number SR–CboeBZX–2018–075, and                       Exchange included statements
                                               the purposes of the Act.                                   should be submitted on or before                      concerning the purpose of and basis for
                                                                                                          November 7, 2018.                                     the proposed rule change and discussed
                                               IV. Solicitation of Comments
                                                                                                            For the Commission, by the Division of              any comments it received on the
                                                 Interested persons are invited to                        Trading and Markets, pursuant to delegated            proposed rule change. The text of these
                                               submit written data, views, and                            authority.13                                          statements may be examined at the
                                               arguments concerning the foregoing,                        Eduardo A. Aleman,
                                                                                                                                                                places specified in Item IV below. The
                                               including whether the proposed rule                                                                              Exchange has prepared summaries, set
                                                                                                          Assistant Secretary.
                                               change is consistent with the Act.                                                                               forth in sections A, B, and C below, of
                                               Comments may be submitted by any of                        [FR Doc. 2018–22533 Filed 10–16–18; 8:45 am]          the most significant aspects of such
                                               the following methods:                                     BILLING CODE 8011–01–P                                statements.
                                               Electronic Comments                                                                                              A. Self-Regulatory Organization’s
                                                                                                                                                                Statement of the Purpose of, and
                                                 • Use the Commission’s internet                                                                                Statutory Basis for, the Proposed Rule
                                               comment form (http://www.sec.gov/                                                                                Change
daltland on DSKBBV9HB2PROD with NOTICES




                                               rules/sro.shtml); or
                                                 • Send an email to rule-comments@                                                                              1. Purpose
                                               sec.gov. Please include File Number SR–                                                                             The purpose of the proposed rule
                                               CboeBZX–2018–075 on the subject line.                                                                            change is to amend the Exchange’s
                                                 11 15   U.S.C. 78s(b)(3)(A).                                                                                     1 15   U.S.C. 78s(b)(1).
                                                 12 17   CFR 240.19b–4(f).                                  13 17   CFR 200.30–3(a)(12).                          2 17   CFR 240.19b–4.



                                          VerDate Sep<11>2014      19:46 Oct 16, 2018   Jkt 247001   PO 00000   Frm 00218   Fmt 4703   Sfmt 4703   E:\FR\FM\17OCN1.SGM    17OCN1


                                               52594                      Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices

                                               Schedule of Fees to modify the Section                    discrimination between customers,                       forth in the table within Section I of the
                                               I taker fee for Priority Customers 3 to                   issuers, brokers, or dealers.                           Schedule of Fees and will instead
                                               $0.41, and the Section I maker fee for                       The Exchange believes that it is                     receive a rebate based on the applicable
                                               non-Priority Customers 4 to $0.11.                        reasonable to charge Priority Customers                 tier for which they qualify.11 The
                                                  As provided in Section I of the                        a uniform taker fee of $0.41 per contract               Exchange also notes that its maker
                                               Schedule of Fees, the Exchange                            in all Select Symbols and no longer                     pricing as proposed for non-Priority
                                               currently charges Priority Customers a                    differentiate between the different                     Customers herein remains competitive
                                               taker fee for regular orders in Select                    products, as described above. While the                 compared to another options
                                               Symbols 5 that is $0.44 per contract,                     reduced taker fee currently assessed for                exchange.12 The Exchange further
                                               except in SPY, QQQ, IWM and VXX,                          SPY, QQQ, IWM and VXX will be                           believes that its proposed maker pricing
                                               where this fee is $0.40 per contract. The                 increased by $0.01 per contract, this fee               is equitable and not unfairly
                                               Exchange now proposes to charge                           will be decreased by $0.03 for all other                discriminatory because the Exchange
                                               Priority Customers a uniform taker fee                    Select Symbols. As such, the Exchange                   will apply the same maker fee to all
                                               of $0.41 per contract in all Select                       believes the modest increase in the taker               similarly situated members.
                                               Symbols, and make a related change to                     fee for SPY, QQQ, IWM and VXX will
                                               delete the reference to the reduced taker                 be offset by the larger decrease for all                B. Self-Regulatory Organization’s
                                               fee for SPY, QQQ, IWM and VXX. As a                       other Select Symbols, and will also                     Statement on Burden on Competition
                                               result, while the reduced taker fee                       simplify Priority Customer taker pricing
                                               currently assessed for SPY, QQQ, IWM                      by assessing a uniform fee for Priority                    The Exchange does not believe that
                                               and VXX will be increased by $0.01 per                    Customer all Select Symbols instead of                  the proposed rule change will impose
                                               contract, the fee will be decreased by                    differentiating by product. Furthermore,                any burden on competition not
                                               $0.03 for all other Select Symbols.                       the proposed taker fee of $0.41 per                     necessary or appropriate in furtherance
                                                  As provided in Section I of the                        contract continues to be competitive                    of the purposes of the Act. The
                                               Schedule of Fees, the Exchange                            with another options exchange,9 and                     Exchange’s proposal to modify the
                                               currently charges non-Priority                            also remains lower than the fees charged                Priority Customer taker fee and non-
                                               Customers a maker fee in Select                           to other market participants that remove                Priority Customer maker fee in Section
                                               Symbols that is $0.10 per contract.6 The                  Select Symbol liquidity on the                          I, each as described above, does not
                                               Exchange now seeks to increase this fee                   Exchange.10                                             impose an undue burden on
                                               to $0.11 per contract.                                       In addition, the Exchange believes                   competition because the Exchange
                                                                                                         that this proposal is equitable and not                 believes that its maker/taker pricing
                                               2. Statutory Basis                                                                                                remains competitive compared to other
                                                                                                         unfairly discriminatory because the
                                                 The Exchange believes that its                          Exchange will apply the same taker fee                  options exchanges.13 Furthermore, the
                                               proposal is consistent with Section 6(b)                  to all similarly situated members in a                  Exchange would uniformly assess the
                                               of the Act,7 in general, and furthers the                 uniform manner. The Exchange does not                   proposed maker/taker fees to all
                                               objectives of Sections 6(b)(4) and 6(b)(5)                believe that it is unfairly discriminatory              similarly situated market participants,
                                               of the Act,8 in particular, in that it                    to offer a lower taker fee to Priority                  as discussed above. The Exchange notes
                                               provides for the equitable allocation of                  Customers. Priority Customer interest                   that it operates in a highly competitive
                                               reasonable dues, fees, and other charges                  brings valuable liquidity to the market,                market in which market participants can
                                               among members and issuers and other                       which liquidity benefits other market                   readily favor competing venues if they
                                               persons using any facility, and is not                    participants. Priority Customer liquidity               deem fee levels at a particular venue to
                                               designed to permit unfair                                 benefits all market participants by                     be excessive, or rebate opportunities
                                                                                                         providing more trading opportunities,                   available at other venues to be more
                                                  3 A ‘‘Priority Customer’’ is a person or entity that
                                                                                                         which attracts Market Makers. An                        favorable. In such an environment, the
                                               is not a broker/dealer in securities, and does not        increase in the activity of these market                Exchange must continually adjust its
                                               place more than 390 orders in listed options per day
                                               on average during a calendar month for its own            participants in turn facilitates tighter                fees to remain competitive with other
                                               beneficial account(s), as defined in Nasdaq ISE Rule      spreads, which may cause an additional                  exchanges and with alternative trading
                                               100(a)(37A).                                              corresponding increase in order flow                    systems that have been exempted from
                                                  4 Non-Priority Customers are Market Makers,
                                                                                                         from other market participants.                         compliance with the statutory standards
                                               Non-Nasdaq ISE Market Makers, Firm Proprietary/
                                               Broker-Dealers, and Professional Customers.
                                                                                                            The Exchange believes that its                       applicable to exchanges. Because
                                                  5 ‘‘Select Symbols’’ are options overlying all         proposal to increase the maker fee for all              competitors are free to modify their own
                                               symbols listed on the Nasdaq ISE that are in the          non-Priority Customer transactions in                   fees in response, and because market
                                               Penny Pilot Program.                                      Select Symbols from $0.10 to $0.11 per                  participants may readily adjust their
                                                  6 As it relates solely to Market Makers, however:
                                                                                                         contract is reasonable because it is a                  order routing practices, the Exchange
                                               (i) Market Makers that qualify for Market Maker
                                               Plus will not pay this fee if they meet the applicable
                                                                                                         modest increase, and is in part to offset               believes that the degree to which fee
                                               tier thresholds set forth in the table within Section     the proposed reduction in taker fees as                 changes in this market may impose any
                                               I of the Schedule of Fees and will instead receive        described above. Furthermore, Market                    burden on competition is extremely
                                               a rebate based on the applicable tier for which they      Makers that qualify for Market Maker                    limited.
                                               qualify; (ii) no fee will be charged or rebate
                                               provided when trading against non-Priority
                                                                                                         Plus will not pay the maker fee if they
                                               Customer complex orders that leg into the regular         meet the applicable tier thresholds set                   11 See  Schedule of Fees, Section I, note 5.
                                               order book; and (iii) a $0.15 per contract fee applies                                                              12 For  instance, Nasdaq PHLX (‘‘Phlx’’) charges
                                               instead of the applicable fee or rebate when trading        9 For instance, Cboe C2 Options Exchange (‘‘C2’’)     non-Customers the following Penny Pilot options
daltland on DSKBBV9HB2PROD with NOTICES




                                               against Priority Customer complex orders that leg         charges its public customers a $0.43 per contract fee   transaction charges: $0.22 per contract for
                                               into the regular order book. A $0.15 per contract fee     for removing liquidity in penny classes. See C2 Fees    Specialists and Market Makers (plus a $0.25 per
                                               likewise applies to Non-Nasdaq ISE Market Makers          Schedule, Transaction Fees.                             contract marketing fee in Penny Pilot options that
                                               instead of the applicable fee or rebate when trading        10 Specifically, this fee is currently $0.45 per      is applied to those who elect to participate in the
                                               against Priority Customer complex orders that leg         contract for Market Maker orders and $0.46 per          Marketing program for a total of $0.47 per contract);
                                               into the regular order book. These fees and rebates       contract for Non-Nasdaq ISE Market Maker orders,        and $0.48 per contract for Broker-Dealers, Firms,
                                               are not changing under this proposal.                     Firm Proprietary/Broker-Dealer orders, and              and Professionals. See Phlx Pricing Schedule,
                                                  7 15 U.S.C. 78f(b).                                                                                            Section II.
                                                                                                         Professional Customer orders. See Schedule of Fees,
                                                  8 15 U.S.C. 78f(b)(4) and (5).                         Section I.                                                 13 See notes 9 and 12 above.




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                                                                             Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Notices                                                   52595

                                               C. Self-Regulatory Organization’s                          those that may be withheld from the                   change pursuant to Section 19(b)(3)(A)
                                               Statement on Comments on the                               public in accordance with the                         of the Act 3 and Rule 19b–4(f)(6)(iii)
                                               Proposed Rule Change Received From                         provisions of 5 U.S.C. 552, will be                   thereunder,4 which renders it effective
                                               Members, Participants, or Others                           available for website viewing and                     upon filing with the Commission. The
                                                 No written comments were either                          printing in the Commission’s Public                   Commission is publishing this notice to
                                               solicited or received.                                     Reference Room, 100 F Street NE,                      solicit comments on the proposed rule
                                                                                                          Washington, DC 20549, on official                     change from interested persons.
                                               III. Date of Effectiveness of the                          business days between the hours of
                                               Proposed Rule Change and Timing for                        10:00 a.m. and 3:00 p.m. Copies of the                I. Self-Regulatory Organization’s
                                               Commission Action                                          filing also will be available for                     Statement of the Terms of Substance of
                                                                                                          inspection and copying at the principal               the Proposed Rule Change
                                                  The foregoing rule change has become
                                               effective pursuant to Section                              office of the Exchange. All comments                     The Exchange is proposing to: (1)
                                               19(b)(3)(A)(ii) of the Act.14 At any time                  received will be posted without change.               Establish Purge Ports for equities trading
                                               within 60 days of the filing of the                        Persons submitting comments are                       and amend the Interpretations and
                                               proposed rule change, the Commission                       cautioned that we do not redact or edit               Policies to Rule 11.13, Order Execution
                                               summarily may temporarily suspend                          personal identifying information from                 and Routing, to reflect the proposed
                                               such rule change if it appears to the                      comment submissions. You should                       Purge Ports, and (2) modify the BYX fee
                                               Commission that such action is: (i)                        submit only information that you wish                 schedule to identify and to set fees for
                                               Necessary or appropriate in the public                     to make available publicly. All                       Purge Ports.
                                               interest; (ii) for the protection of                       submissions should refer to File                         The text of the proposed rule change
                                               investors; or (iii) otherwise in                           Number SR–ISE–2018–83 and should be                   is available at the Exchange’s website at
                                               furtherance of the purposes of the Act.                    submitted on or before November 7,                    www.markets.cboe.com, at the principal
                                               If the Commission takes such action, the                   2018.                                                 office of the Exchange, and at the
                                               Commission shall institute proceedings                       For the Commission, by the Division of              Commission’s Public Reference Room.
                                               to determine whether the proposed rule                     Trading and Markets, pursuant to delegated            II. Self-Regulatory Organization’s
                                               should be approved or disapproved.                         authority.15
                                                                                                                                                                Statement of the Purpose of, and
                                                                                                          Eduardo A. Aleman,                                    Statutory Basis for, the Proposed Rule
                                               IV. Solicitation of Comments
                                                                                                          Assistant Secretary.                                  Change
                                                 Interested persons are invited to                        [FR Doc. 2018–22538 Filed 10–16–18; 8:45 am]
                                               submit written data, views, and                                                                                     In its filing with the Commission, the
                                                                                                          BILLING CODE 8011–01–P
                                               arguments concerning the foregoing,                                                                              Exchange included statements
                                               including whether the proposed rule                                                                              concerning the purpose of and basis for
                                               change is consistent with the Act.                         SECURITIES AND EXCHANGE                               the proposed rule change and discussed
                                               Comments may be submitted by any of                        COMMISSION                                            any comments it received on the
                                               the following methods:                                                                                           proposed rule change. The text of these
                                                                                                          [Release No. 34–84404; File No. SR–                   statements may be examined at the
                                               Electronic Comments                                        CboeBYX–2018–022]                                     places specified in Item IV below. The
                                                 • Use the Commission’s internet                                                                                Exchange has prepared summaries, set
                                               comment form (http://www.sec.gov/                          Self-Regulatory Organizations; Cboe
                                                                                                                                                                forth in Sections A, B, and C below, of
                                               rules/sro.shtml); or                                       BYX Exchange, Inc.; Notice of Filing
                                                                                                                                                                the most significant parts of such
                                                 • Send an email to rule-comments@                        and Immediate Effectiveness of a
                                                                                                          Proposed Rule Change To Introduce                     statements.
                                               sec.gov. Please include File Number SR–
                                               ISE–2018–83 on the subject line.                           Equities Purge Ports To (1) Establish                 (A) Self-Regulatory Organization’s
                                                                                                          Purge Ports for Equities Trading and                  Statement of the Purpose of, and
                                               Paper Comments                                             Amend the Interpretations and Policies                Statutory Basis for, the Proposed Rule
                                                 • Send paper comments in triplicate                      to Rule 11.10, Order Execution, To                    Change
                                               to Secretary, Securities and Exchange                      Reflect the Proposed Purge Ports, and
                                                                                                          (2) Modify the Fee Schedule Applicable                1. Purpose
                                               Commission, 100 F Street NE,
                                               Washington, DC 20549–1090.                                 to the Exchange’s Equities Platform                      The purpose of the proposed rule
                                               All submissions should refer to File                       (‘‘BYX Equities’’) To Identify and To Set             change is to offer Users 5 an additional
                                               Number SR–ISE–2018–83. This file                           Fees for Purge Ports                                  tool to manage risk and exercise
                                               number should be included on the                                                                                 additional control over their quotations
                                                                                                          October 11, 2018.                                     in equity securities (i.e., ‘‘Purge Ports’’).
                                               subject line if email is used. To help the                    Pursuant to Section 19(b)(1) of the
                                               Commission process and review your                                                                               Specifically, the Exchange proposes to:
                                                                                                          Securities Exchange Act of 1934                       (1) Establish Purge Ports for equities
                                               comments more efficiently, please use                      (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                               only one method. The Commission will                                                                             trading and amend the Interpretations
                                                                                                          notice is hereby given that on                        and Policies to Rule 11.13, Order
                                               post all comments on the Commission’s                      September 28, 2018, Cboe BYX
                                               internet website (http://www.sec.gov/                                                                            Execution and Routing, to reflect the
                                                                                                          Exchange, Inc. (‘‘Exchange’’ or ‘‘BYX’’)              proposed Purge Ports, and (2) modify
                                               rules/sro.shtml). Copies of the                            filed with the Securities and Exchange
                                               submission, all subsequent                                                                                       the BYX fee schedule to identify and to
                                                                                                          Commission (‘‘Commission’’) the                       set fees for Purge Ports.
                                               amendments, all written statements                         proposed rule change as described in
                                               with respect to the proposed rule                                                                                   Purge Ports are already available on
                                                                                                          Items I and II below, which Items have
daltland on DSKBBV9HB2PROD with NOTICES




                                               change that are filed with the                                                                                   the Exchange’s affiliated options
                                                                                                          been prepared by the Exchange. The                    markets—i.e., the options trading
                                               Commission, and all written                                Exchange has designated this proposal
                                               communications relating to the                             as a ‘‘non-controversial’’ proposed rule                3 15 U.S.C. 78s(b)(3)(A).
                                               proposed rule change between the                                                                                   4 17 CFR 240.19b–4(f)(6)(iii).
                                               Commission and any person, other than                        15 17 CFR 200.30–3(a)(12).                            5 A ‘‘User’’ is any Member or Sponsored
                                                                                                            1 15 U.S.C. 78s(b)(1).                              Participant who is authorized to obtain access to the
                                                 14 15   U.S.C. 78s(b)(3)(A)(ii).                           2 17 CFR 240.19b–4.                                 System pursuant to Rule 11.3. See Rule 1.5(cc).



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Document Created: 2018-10-17 01:47:51
Document Modified: 2018-10-17 01:47:51
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 52593 

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