37964 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices 

26 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 61133 

(December 9, 2009), 74 FR 66715 (December 16, 

2009) (SR–Phlx–2009–100) (Notice of Filing and 

Immediate Effectiveness of Proposed Rule Change 

Relating to an Options Regulatory Fee). 

4See Securities Exchange Act Release Nos. 61529 

(February 17, 2010), 75 FR 8421 (February 24, 2010) 

(SR–Phlx–2010–17); 62619 (July 30, 2010), 75 FR 

47874 (August 9, 2010) (SR–Phlx–2010–100); 63436 

(December 6, 2010), 75 FR 77021 (December 10, 

2010) (SR–Phlx–2010–166); 65897 (December 6, 

2011), 76 FR 77277 (December 12, 2011) (SR–Phlx– 

2011–163); 66664 (March 27, 2012), 77 FR 19743 

(April 2, 2012) (SR–Phlx–2012–36); 71569 

(February 19, 2014), 79 FR 10593 (February 25, 

2014) (SR–Phlx–2014–12); 75749 (August 21, 2015), 

80 FR 52073 (August 27, 2017) (SR–Phlx–2015–71); 

77032 (February 2, 2016), 81 FR 6560 (February 8, 

2016) (SR–Phlx–2016–04); and 79751 (January 6, 

2017), 82 FR 3826 (January 12, 2017) (SR–Phlx– 

2017–02). 

5For purposes of this filing the term ‘‘member’’ 

shall mean either a ‘‘member’’ or a ‘‘member 

organization.’’ 

6Exchange Rules require each member to record 

the appropriate account origin code on all orders at 

the time of entry in order to allow the Exchange to 

properly prioritize and route orders and assess 

transaction fees pursuant to the Rules of the 

Exchange and report resulting transactions to OCC. 

The Exchange represents that it has surveillances in 

place to verify that members mark orders with the 

correct account origin code. 

7The Exchange uses reports from OCC when 

assessing and collecting the ORF. 

8CMTA or Clearing Member Trade Assignment is 

a form of ‘‘give-up’’ whereby the position will be 

assigned to a specific clearing firm at OCC. Phlx 

Rule 1052 provides that every Clearing Member is 

responsible for the clearance of the Exchange 

options transactions of such Clearing Member and 

of each member who gives up the name of such 

Clearing Member in an Exchange options 

transaction, provided the Clearing Member has 

authorized such member to give up its name with 

respect to Exchange options transactions. 

Internet Web site (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 Web site 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 such 

filing also will be available for 

inspection and copying at the principal 

office of the Exchange. All comments 

received will be posted without change; 

the Commission does not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. All submissions 

should refer to File Number SR–GEMX– 

2017–36, and should be submitted on or 

before September 5, 2017. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.26

Eduardo A. Aleman, 

Assistant Secretary. 

[FR Doc. 2017–17069 Filed 8–11–17; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–81343; File No. SR–Phlx– 

2017–54] 

Self-Regulatory Organizations; 

NASDAQ PHLX LLC; Notice of Filing 

and Immediate Effectiveness of 

Proposed Rule Change To Amend the 

Exchange’s Pricing Schedule With 

Respect to the Options Regulatory Fee 

August 8, 2017. 

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 26, 

2017, NASDAQ PHLX LLC (‘‘Phlx’’ or 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission (‘‘SEC’’ or 

‘‘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. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to revise 

Section IV, Part D of the Pricing 

Schedule to more closely reflect the 

manner in which Phlx assesses and 

collects its Options Regulatory Fee 

(‘‘ORF’’). 

The text of the proposed rule change 

is available on the Exchange’s Web site 

at http://nasdaqphlx.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 the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

Phlx initially filed to establish its ORF 

in 2009.3 The Exchange has amended its 

ORF several times since the inception of 

this fee.4 At this time, the Exchange 

proposes to revise Section IV, Part D of 

the Pricing Schedule to more closely 

reflect the manner in which Phlx 

assesses and collects its ORF. 

The Exchange supports a common 

approach for the assessment and 

collection of ORF among the various 

options exchanges that assess such a fee. 

Furthermore, the Exchange supports 

guidance from the Commission 

regarding regulatory cost structures to 

ensure equal knowledge and treatment 

among options markets assessing ORF. 

The Exchange assesses an ORF of 

$0.0045 per contract side. This 

proposed rule change does not seek to 

amend the amount of the ORF. 

Currently, Phlx assesses its ORF for 

each Customer option transaction that is 

either: (1) Executed by a member 5 on 

Phlx; or (2) cleared by a Phlx member 

at The Options Clearing Corporation 

(‘‘OCC’’) in the Customer range,6 even if 

the transaction was executed by a nonmember of Phlx, regardless of the 

exchange on which the transaction 

occurs.7 If the OCC clearing member is 

a Phlx member, ORF is assessed and 

collected on all cleared Customer 

contracts (after adjustment for CMTA 8); 

and (2) if the OCC clearing member is 

not a Phlx member, ORF is collected 

only on the cleared Customer contracts 

executed at Phlx, taking into account 

any CMTA instructions which may 

result in collecting the ORF from a nonmember. 

By way of example, if Broker A, a 

Phlx member, routes a Customer order 

to CBOE and the transaction executes on 

CBOE and clears in Broker A’s OCC 

Clearing account, ORF will be collected 

by Phlx from Broker A’s clearing 

account at OCC via direct debit. While 

this transaction was executed on a 

market other than Phlx, it was cleared 

by a Phlx member in the member’s OCC 

clearing account in the Customer range, 

therefore there is a regulatory nexus 

between Phlx and the transaction. If 

Broker A was not a Phlx member, then 

no ORF should be assessed and 

collected because there is no nexus; the 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices 37965 

9 15 U.S.C. 78f(b). 

10 15 U.S.C. 78f(b)(4) and (5). 

11COATS effectively enhances intermarket 

options surveillance by enabling the options 

exchanges to reconstruct the market promptly to 

effectively surveil certain rules. 

12 In addition to its own surveillance programs, 

the Exchange works with other SROs and exchanges 

on intermarket surveillance related issues. Through 

its participation in the Intermarket Surveillance 

Group (‘‘ISG’’), the Exchange shares information 

and coordinates inquiries and investigations with 

other exchanges designed to address potential 

intermarket manipulation and trading abuses. The 

Exchange’s participation in ISG helps it to satisfy 

the requirement that it has coordinated surveillance 

with markets on which security futures are traded 

and markets on which any security underlying 

security futures are traded to detect manipulation 

and insider trading. See Section 6(h)(3)(I) of the 

Act. ISG is an industry organization formed in 1983 

to coordinate intermarket surveillance among the 

SROs by co-operatively sharing regulatory 

information pursuant to a written agreement 

between the parties. The goal of the ISG’s 

information sharing is to coordinate regulatory 

efforts to address potential intermarket trading 

abuses and manipulations. 

transaction did not execute on Phlx nor 

was it cleared by a Phlx member. 

In the case where a member both 

executes a transaction and clears the 

transaction, the ORF is assessed to and 

collected from the member only once. In 

the case where a member executes a 

transaction and a different member 

clears the transaction, the ORF is 

assessed to and collected from the 

member who clears the transaction and 

not the member who executes the 

transaction. In the case where a nonmember executes a transaction at an 

away market and a member clears the 

transaction, the ORF is assessed to and 

collected from the member who clears 

the transaction. In the case where a 

member executes a transaction on Phlx 

and a non-member clears the 

transaction, the ORF is assessed to the 

member that executed the transaction 

and collected from the non-member 

who cleared the transaction. In the case 

where a member executes a transaction 

at an away market and a non-member 

clears the transaction, the ORF is not 

assessed to the member who executed 

the transaction or collected from the 

non-member who cleared the 

transaction because the Exchange does 

not have access to the data to make 

absolutely certain that ORF should 

apply. Further, the data does not allow 

the Exchange to identify the member 

executing the trade at an away market. 

ORF Revenue and Monitoring of ORF 

The Exchange monitors the amount of 

revenue collected from the ORF to 

ensure that it, in combination with other 

regulatory fees and fines, does not 

exceed regulatory costs. In determining 

whether an expense is considered a 

regulatory cost, the Exchange reviews 

all costs and makes determinations if 

there is a nexus between the expense 

and a regulatory function. For example, 

a cost related to PSX, the Exchange’s 

equity platform, would not be 

considered an expense that is compared 

to ORF revenue. An options 

surveillance employee’s cost, however 

would be an expense that is compared 

to ORF revenue. The Exchange notes 

that fines collected by the Exchange in 

connection with a disciplinary manner 

offset ORF. 

The ORF is designed to recover a 

material portion of the costs to the 

Exchange of the supervision and 

regulation of its members, including 

performing routine surveillances, 

investigations, examinations, financial 

monitoring, and policy, rulemaking, 

interpretive, and enforcement activities. 

The Exchange believes that revenue 

generated from the ORF, when 

combined with all of the Exchange’s 

other regulatory fees, will cover a 

material portion, but not all, of the 

Exchange’s regulatory costs. The 

Exchange will continue to monitor the 

amount of revenue collected from the 

ORF to ensure that it, in combination 

with its other regulatory fees and fines, 

does not exceed regulatory costs. If the 

Exchange determines regulatory 

revenues exceed regulatory costs, the 

Exchange will adjust the ORF by 

submitting a fee change filing to the 

Commission. 

Finally, the Exchange notes that it is 

amending its rule text at Section IV, Part 

D to remove outdated rule text and 

include new rule text to make clear the 

manner in which ORF is assessed and 

collected on Phlx. 

2. Statutory Basis 

The Exchange believes that its 

proposal is consistent with Section 6(b) 

of the Act 9 in general, and furthers the 

objectives of Sections 6(b)(4) and 6(b)(5) 

of the Act10 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 its facility and is not 

designed to permit unfair 

discrimination between customers, 

issuers, brokers, or dealers. 

The Exchange believes the proposed 

clarifications in the Fee Schedule to the 

ORF further the objectives of Section 

6(b)(4) of the Act and are equitable and 

reasonable since they expressly describe 

the Exchange’s existing practices 

regarding the manner in which the 

Exchange assesses and collects its ORF. 

The Exchange believes it is reasonable 

and appropriate for the Exchange to 

charge the ORF for options transactions 

regardless of the exchange on which the 

transactions occur. The Exchange has a 

statutory obligation to enforce 

compliance by members and their 

associated persons under the Act and 

the rules of the Exchange and to surveil 

for other manipulative conduct by 

market participants (including nonmembers) trading on the Exchange. The 

Exchange cannot effectively surveil for 

such conduct without looking at and 

evaluating activity across all options 

markets. Many of the Exchange’s market 

surveillance programs require the 

Exchange to look at and evaluate 

activity across all options markets, such 

as surveillance for position limit 

violations, manipulation, front-running 

and contrary exercise advice violations/ 

expiring exercise declarations. The 

Exchange, because it lacks access to 

information on the identity of the 

entering firm for executions that occur 

on away markets, believes it is 

appropriate to assess the ORF on its 

member’s clearing activity, based on 

information the Exchange receives from 

OCC, including for away market 

activity. Among other reasons, doing so 

better and more accurately captures 

activity that occurs away from the 

Exchange over which the Exchange has 

a degree of regulatory responsibility. In 

so doing, the Exchange believes that 

assessing ORF on member clearing firms 

in certain instances equitably distributes 

the collection of ORF in a fair and 

reasonable manner. Also, the Exchange 

and the other options exchanges are 

required to populate a consolidated 

options audit trail (‘‘COATS’’) 11 system 

in order to surveil a member’s activities 

across markets.12

The Exchange believes that assessing 

the ORF to each Exchange member for 

options transactions cleared by OCC in 

the Customer range where the execution 

occurs on another exchange and is 

cleared by a Phlx member is an 

equitable allocation of reasonable dues, 

fees, and other charges among its 

members and issuers and other persons 

using its facilities. The ORF is collected 

by OCC on behalf of Phlx from 

Exchange clearing members for all 

Customer transactions they clear or from 

non-members for all Customer 

transactions they clear that were 

executed on Phlx. The Exchange 

believes that this collection practice is 

reasonable and appropriate because 

higher fees are assessed to those 

members that require more Exchange 

regulatory services based on the amount 

of Customer options business they 

conduct. 

Regulating Customer trading activity 

is more labor intensive and requires 

greater expenditure of human and 


sradovich on DSK3GMQ082PROD with NOTICES
37966 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices 

13 15 U.S.C. 78s(b)(3)(A)(ii). 

14 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

technical resources than regulating nonCustomer trading activity, which tends 

to be more automated and less labor 

intensive. As a result, the costs 

associated with administering the 

Customer component of the Exchange’s 

overall regulatory program are 

anticipated to be typically higher than 

the costs associated with administering 

the non-Customer component of its 

regulatory program. The Exchange 

proposes assessing higher fees to those 

members that will require more 

Exchange regulatory services based on 

the amount of Customer options 

business they conduct. Additionally, the 

dues and fees paid by members go into 

the general funds of the Exchange, a 

portion of which is used to help pay the 

costs of regulation. The Exchange has in 

place a regulatory structure to surveil, 

conduct examinations and monitor the 

marketplace for violations of Exchange 

Rules. The ORF assists the Exchange to 

fund the cost of this regulation of the 

marketplace. 

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 ORF is 

not intended to have any impact on 

competition. Rather, it is designed to 

enable the Exchange to recover a 

material portion of the Exchange’s cost 

related to its regulatory activities. The 

Exchange is obligated to ensure that the 

amount of regulatory revenue collected 

from the ORF, in combination with its 

other regulatory fees and fines, does not 

exceed regulatory costs. 

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.13

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. 

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 No. SR– 

Phlx–2017–54 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 No. 

SR–Phlx–2017–54. 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 Web site (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 Web site 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; 

the Commission does not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. 

All submissions should refer to File No. 

SR–Phlx–2017–54, and should be 

submitted on or before September 5, 

2017. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Eduardo A. Aleman, 

Assistant Secretary. 

[FR Doc. 2017–17048 Filed 8–11–17; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–81350; File No. SR–ISE– 

2017–77] 

Self-Regulatory Organizations; Nasdaq 

ISE, LLC; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Amend Its Schedule of 

Fees 

August 8, 2017. 

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 August 1, 

2017, 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. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend its 

Schedule of Fees to (1) eliminate 

Priority Customer complex order rebates 

for all net zero complex orders without 

any associated average daily volume 

requirement, and (2) reduce the maker 

fee charged to Market Makers and NonNasdaq ISE Market Makers for Regular 

Orders in Select Symbols when trading 

against Priority Customer complex 

orders that leg into the regular order 

book. 

The text of the proposed rule change 

is available on the Exchange’s Web site 

at www.ise.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 


sradovich on DSK3GMQ082PROD with NOTICES