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
Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Notices 44015 

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

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

11The Exchange has satisfied this requirement. 

12 15 U.S.C. 78s(b)(3)(A). 

13 17 CFR 240.19b–4(f)(6). 

14 Id. 

15 17 CFR 240.19b–4(f)(6)(iii). 

16For purposes only of waiving the five-day 

prefiling requirement and the 30-day operative 

delay, the Commission has considered the proposed 

rule’s impact on efficiency, competition, and capital 

formation. See 15 U.S.C. 78c(f). 

reference to ‘‘MXEA, MXEF, MNX, 

NDX’’ to the sentence in Footnote 6 that 

lists the excluded option classes from 

the marketing fee. No substantive 

changes are being made by the proposed 

rule change. 

2. Statutory Basis 

The Exchange believes the proposed 

rule change is consistent with the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) and the rules and regulations 

thereunder applicable to the Exchange 

and, in particular, the requirements of 

Section 6(b) of the Act.9 Specifically, 

the Exchange believes the proposed rule 

change is consistent with the Section 

6(b)(5) 10 requirements that the rules of 

an exchange be designed to prevent 

fraudulent and manipulative acts and 

practices, to promote just and equitable 

principles of trade, to foster cooperation 

and coordination with persons engaged 

in regulating, clearing, settling, 

processing information with respect to, 

and facilitating transactions in 

securities, to remove impediments to 

and perfect the mechanism of a free and 

open market and a national market 

system, and, in general, to protect 

investors and the public interest. 

The Exchange believes correcting an 

inadvertent marking error from a 

previous rule filing in order to 

accurately reflect the option classes that 

are excluded from the marketing fee will 

alleviate potential confusion, thereby 

removing impediments to and 

perfecting the mechanism of a free and 

open market and a national market 

system and protecting investors and the 

public interest. 

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. As discussed 

above, the proposed change is merely 

intended to correct an inadvertent 

marking error made in a previous rule 

filing, which will alleviate potential 

confusion. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

The Exchange neither solicited nor 

received comments on the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing rule does not (i) 

significantly affect the protection of 

investors or the public interest; (ii) 

impose any significant burden on 

competition; and (iii) become operative 

for 30 days from the date on which it 

was filed, or such shorter time as the 

Commission may designate if consistent 

with the protection of investors and the 

public interest, provided that the selfregulatory organization has given the 

Commission written notice of its intent 

to file the proposed rule change at least 

five business days prior to the date of 

filing of the proposed rule change or 

such shorter time as designated by the 

Commission,11 the proposed rule 

change has become effective pursuant to 

Section 19(b)(3)(A) of the Act 12 and 

Rule 19b–4(f)(6) thereunder.13

A proposed rule change filed under 

Rule 19b–4(f)(6) 14 normally does not 

become operative prior to 30 days after 

the date of the filing. However, pursuant 

to Rule 19b–4(f)(6)(iii),15 the 

Commission may designate a shorter 

time if such action is consistent with the 

protection of investors and the public 

interest. The Exchange has requested 

that the Commission waive the five day 

refiling requirement and the 30-day 

operative delay so that the Exchange 

may immediately correct the Fees 

Schedule. The Commission notes that 

the proposed rule change does not 

present any new, unique or substantive 

issues, but rather is merely correcting an 

error and that waiver of the five-day 

prefiling requirement and the 30-day 

operative delay will help prevent 

potential confusion to market 

participants as to CBOE’s intended 

applicability of the marketing fee. 

Therefore, the Commission believes that 

waiving the 30-day operative delay is 

consistent with the protection of 

investors and the public interest and 

designates the proposed rule change as 

operative upon filing.16

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 Number SR– 

CBOE–2017–061 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–CBOE–2017–061. 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–CBOE– 

2017–061 and should be submitted on 

or before October 11, 2017. 


sradovich on DSKBBY8HB2PROD with NOTICES
44016 Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Notices 

17 17 CFR 200.30–3(a)(12). 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4The Exchange originally filed to amend the 

Price List Schedule on August 29, 2017 (SR–NYSE– 

2017–45) and withdrew such filing on September 

7, 2017. 

5See Securities Exchange Act Release No. 77929 

(May 26, 2016), 81 FR 35406 (June 2, 2016). 6 15 U.S.C. 78f(b). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.17

Eduardo A. Aleman, 

Assistant Secretary. 

[FR Doc. 2017–19965 Filed 9–19–17; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–81612; File No. SR–NYSE– 

2017–47] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change To Amend Its 

Price List 

September 14, 2017. 

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

Securities Exchange Act of 1934 (the 

‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that, on 

September 7, 2017, New York Stock 

Exchange LLC (‘‘NYSE’’ or the 

‘‘Exchange’’) 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 self-regulatory 

organization. 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 

Price List for equity transactions in 

stocks with a per share stock price more 

than $1.00 to (1) revise the credit for 

Designated Market Makers (‘‘DMMs’’) 

for Mid-Point Passive Liquidity (‘‘MPL’’) 

Orders that provide liquidity to the 

Exchange, and (2) make certain nonsubstantive, clarifying changes. The 

Exchange proposes to implement the 

proposed changes on September 7, 

2017.4 The proposed rule change is 

available on the Exchange’s Web site at 

www.nyse.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 

self-regulatory organization 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 those 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 parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to amend its 

Price List to (1) revise the credit for 

DMMs for MPL Orders that provide 

liquidity to the Exchange, and (2) make 

certain non-substantive, clarifying 

changes. 

The proposed changes would only 

apply to transactions in securities 

priced $1.00 or more. 

The Exchange proposes to implement 

these changes to its Price List effective 

September 7, 2017. 

Proposed Rule Change 

The Exchange proposes the following 

changes to its Price List. 

Verbal Interest at the Close 

The current Price List provides that 

the Exchange charges $0.0010 for verbal 

interest on the close. The Price List also 

provides that non-electronic agency 

transactions of Floor brokers that 

execute at the close are not charged. 

The Exchange would delete the 

current entry providing that there is no 

charge for non-electronic agency 

transactions of Floor brokers that 

execute at the close. This entry was 

inadvertently not deleted when the 

Exchange adopted the current charge for 

verbal interest on the close.5 Deleting 

obsolete and duplicative material would 

add clarity to the Exchange’s Price List. 

At the Opening Orders 

The Exchange currently charges 

$0.0010 for at the opening or at the 

opening only orders that are ‘‘credited 

to both sides.’’ The Exchange proposes 

to replace ‘‘At the opening or at the 

opening only orders’’ with ‘‘Executions 

at the Open.’’ The Exchange would also 

delete ‘‘credited to.’’ The Exchange 

believes that the reference is redundant 

and unnecessary. 

Credits for MPL Orders 

An MPL Order is an undisplayed 

limit order that trades at the mid-point 

of the best protected bid (‘‘PBB’’) and 

best protected offer (‘‘PBO’’), as such 

terms are defined in Regulation NMS 

Rule 600(b)(57) (together, ‘‘PBBO’’). 

The Exchange proposes changes to the 

Price List to consolidate and streamline 

presentation of the credits for MPL 

orders that provide liquidity to the 

Exchange. Currently, credits for MPL 

orders that provide liquidity to the 

Exchange, excluding MPL Orders from 

DMMs and Supplemental Liquidity 

Providers (‘‘SLP’’), are set forth 

separately from the related credits for 

MPL orders that add liquidity to the 

Exchange applicable to SLPs. The credit 

amounts and qualifications for SLP and 

non-SLP MPL orders that add liquidity 

to the Exchange are the same. 

In order to consolidate these 

provisions, the Exchange proposes to 

delete (1) the phrase ‘‘and Supplemental 

Liquidity Providers (‘SLPs’)’’ from the 

provision governing credits for MPL 

orders that provide liquidity to the 

Exchange so as not to exclude SLP MPL 

orders, and (2) the SLP fees for MPL 

orders that add liquidity to the 

Exchange found under the heading 

‘‘Credit Applicable to Supplemental 

Liquidity Providers (‘SLPs’)’’ of the 

Price List in their entirety. No 

substantive change would be effected 

since, as noted, the amount of the 

credits and qualifications for SLP and 

non-SLP MPL orders that add liquidity 

to the Exchange are currently the same 

and would remain unchanged. 

DMM MPL Orders 

The Exchange currently provides a 

credit of $0.0030 to DMMs for 

executions of MPL Orders in securities 

priced $1.00 or more that provide 

liquidity to the NYSE. The Exchange 

proposes to revise the credit to DMMs 

to $0.00275. 

* * * * * 

The proposed changes are not 

otherwise intended to address any other 

issues, and the Exchange is not aware of 

any problems that member 

organizations would have in complying 

with the proposed change. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b) of the Act,6 in general, and 

furthers the objectives of Sections 


sradovich on DSKBBY8HB2PROD with NOTICES