Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Notices 44013 

59 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. 80432 

(April 11, 2017), 82 FR 18191 (April 17, 2017) (SR– 

ISE–2017–03). 

4 15 U.S.C. 78f(b). 

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

6 15 U.S.C. 78s(b)(3)(A)(ii). 

7 17 CFR 240.19b–4(f)(2). 

Commission pursuant to Rule 608 of 

Regulation NMS or in any other 

appropriate forum. 

IV. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act, that the 

proposed rule changes (SR–CHX–2017– 

11; SR–FINRA–2017–020), as modified 

by the Amendments, are approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.59

Eduardo A. Aleman, 

Assistant Secretary. 

[FR Doc. 2017–19968 Filed 9–19–17; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–81610; File No. SR–ISE– 

2017–82] 

Self-Regulatory Organizations; Nasdaq 

ISE, LLC; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change To Eliminate Third Party 

Developer Fees From the Schedule of 

Fees 

September 14, 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 

September 1, 2017, 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. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to eliminate 

third party developer fees from the 

Schedule of Fees. 

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 

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 eliminate third party 

developer fees from the Schedule of 

Fees. Currently, the Schedule of Fees 

contains third party developer fees, 

which were previously charged for third 

party developer access to the ISE T7 test 

environment. Specifically, the Schedule 

of Fees includes the following fees for 

third party developers: (1) A $1,000 per 

month one time set-up fee, and (2) a 

$1,000 per month usage fee. With the 

migration of the Exchange to Nasdaq 

INET technology,3 which was 

completed on July 31, 2017, and the 

upcoming decommissioning of the T7 

trading system, including the test 

environment, the Exchange no longer 

charges these third party developer fees. 

The Exchange therefore proposes to 

remove these fees from the Schedule of 

Fees. The Exchange believes that 

removing these fees from the Schedule 

of Fees will reduce member confusion 

about services offered by the Exchange, 

and the fees charged for those services, 

as with the migration to Nasdaq INET 

no services are currently offered that 

could incur these charges. 

2. Statutory Basis 

The Exchange believes that its 

proposal is consistent with Section 6(b) 

of the Act,4 in general, and furthers the 

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

of the Act,5 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. The 

Exchange believes that the proposed fee 

change is reasonable, equitable, and not 

unfairly discriminatory as it eliminates 

third party developer fees that are no 

longer charged with the migration of the 

Exchange’s trading system to Nasdaq 

INET technology. As explained above, 

the Exchange completed its migration to 

Nasdaq INET on July 31, 2017 and 

therefore does not provide access to the 

ISE T7 test facility that was the subject 

of this fee. Since the Exchange no longer 

provides this service, the Exchange 

believes that removing the associated 

fee from the Schedule of Fees will 

reduce member confusion about 

services offered by the Exchange, and 

the fees charged for those services. 

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 that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. The 

Exchange is removing outdated third 

party developer fees from the Schedule 

of Fees as the related services will no 

long be offered with the completed 

migration of the Exchange to Nasdaq 

INET. As such, the Exchange does not 

believe that the proposed rule change 

will have any significant impact on 

competition. 

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,6 and Rule 

19b–4(f)(2) 7 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. 

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. 


sradovich on DSKBBY8HB2PROD with NOTICES
44014 Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Notices 

8 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

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

4 17 CFR 240.19b–4(f)(6). 

5See Securities Exchange Act Release No. 80003 

(February 9, 2017), 82 FR 10846 (February 15, 2017) 

(SR–CBOE–2017–011). 

6See Securities Exchange Act Release No. 80003 

(February 9, 2017), 82 FR 10846 (February 15, 2017) 

(SR–CBOE–2017–011). 

7See Securities Exchange Act Release No. 76923 

(January 15, 2016), 81 FR 3841 (January 22, 2016) 

(SR–CBOE–2016–002), which rule filing was the 

last rule filing before SR–CBOE–2017–011 to amend 

Footnote 6 of the Fees Schedule. 

8See Securities Exchange Act Release No. 80003 

(February 9, 2017), 82 FR 10846 (February 15, 2017) 

(SR–CBOE–2017–011). 

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–2017–82 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–2017–82. 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 Number SR–ISE– 

2017–82 and should be submitted on or 

before October 11, 2017. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Eduardo A. Aleman, 

Assistant Secretary. 

[FR Doc. 2017–19963 Filed 9–19–17; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–81613; File No. SR–CBOE– 

2017–061) 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Notice of Filing and 

Immediate Effectiveness of a Proposed 

Rule Change To Correct an Inadvertent 

Marking Error in the Fees Schedule 

September 14, 2017. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on 

September 6, 2017, Chicago Board 

Options Exchange, Incorporated (the 

‘‘Exchange’’ or ‘‘CBOE’’) filed with the 

Securities and Exchange Commission 

(the ‘‘Commission’’) the proposed rule 

change as described in Items I, II, and 

III below, which Items have been 

prepared by the Exchange. The 

Exchange filed the proposal as a ‘‘noncontroversial’’ proposed rule change 

pursuant to Section 19(b)(3)(A)(iii) of 

the Act 3 and Rule 19b–4(f)(6) 

thereunder.4 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 

Fees Schedule to correct an inadvertent 

marking error made to the Exhibit 5 in 

a previous rule filing. Specifically, on 

January 27, 2017, the Exchange filed a 

rule filing, SR–CBOE–2017–011, which 

proposed to expand the Marketing Fee 

program to Lead Market-Makers and 

also make certain clarifications to 

Footnote 6 of the Fees Schedule (which 

governs the Marketing Fee program), 

effective February 1, 2017.5

The text of the proposed rule change 

is also available on the Exchange’s Web 

site (http://www.cboe.com/AboutCBOE/ 

CBOELegalRegulatoryHome.aspx), at 

the Exchange’s Office of the Secretary, 

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 Exchange proposes to amend its 

Fees Schedule to correct an inadvertent 

marking error made to the Exhibit 5 in 

a previous rule filing. Specifically, on 

January 27, 2017, the Exchange filed a 

rule filing, SR–CBOE–2017–011, which 

proposed to expand the Marketing Fee 

program to Lead Market-Makers and 

also make certain clarifications to 

Footnote 6 of the Fees Schedule (which 

governs the Marketing Fee program), 

effective February 1, 2017.6 The 

Exchange notes that it mistakenly used 

outdated text contained in Footnote 6 of 

the Fees Schedule in the Exhibit 5 of 

that filing. Particularly, prior to filing 

SR–CBOE–2017–011, Footnote 6 

included the statement that ‘‘. . . the 

marketing fee shall not apply to DJX, 

MXEA, MXEF, MNX, NDX, XSP or 

Underlying Symbol List A (34) 

excluding binaries options.’’ 7 The 

Exhibit 5 filed in SR–CBOE–2017–011 

however, inadvertently left out the 

reference to ‘‘MXEA, MXEF, MNX, 

NDX’’ in that same sentence. The 

Exchange notes that it was not its 

intention to start including those 

products in the Marketing Fee program 

and also notes that no such change was 

otherwise referenced or implied in the 

19b–4 of SR–CBOE–2017–011 or any 

other filing since then.8 Rather it was an 

inadvertent mistake that the Exchange 

seeks to correct. Accordingly, the 

Exchange proposes to add back the 


sradovich on DSKBBY8HB2PROD with NOTICES