Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchange's Options Pricing at Chapter XV, Section 2, 54460-54463 [2017-24931]
Download as PDF
sradovich on DSK3GMQ082PROD with NOTICES
54460
Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Notices
volume threshold, and members may
always elect to qualify for the
corresponding fee by adding sufficient
liquidity to the Exchange to meet the
new volume requirement. As such, the
Exchange believes that the proposed
volume threshold will not negatively
impact who will qualify for the
corresponding transaction fee, but will
rather have a positive impact on overall
market quality as QMMs increase their
participation in the market to qualify for
those fees. If, however, the Exchange is
incorrect and the changes proposed
herein are unattractive to QMMs, it is
likely that Nasdaq will lose market
share as a result. Accordingly, Nasdaq
does not believe that the proposed
change will impair the ability of
members or competing order execution
venues to maintain their competitive
standing in the financial markets.
Similarly, Nasdaq believes that the
elimination of the $0.0025 rebate tier for
the Growth Program does not impose a
burden on competition because the
Exchange’s execution services are
completely voluntary and subject to
extensive competition both from other
exchanges and from off-exchange
venues. Nasdaq notes that the $0.0025
rebate tier will be eliminated for all
members. Additionally, all members
may continue to qualify for the
remaining $0.0027 rebate tier if they
meet the qualifying criteria, e.g., the
member adds at least 0.04% or more of
Consolidated Volume during the month
through non-displayed orders through
one or more of its Nasdaq Market Center
MPIDs. The Exchange believes that
eliminating the $0.0025 rebate tier,
while maintaining the $0.0027 rebate
tier, will not significantly impact the
number of members that will qualify for
the Growth Program. Unlike the $0.0025
rebate, which requires a member to
show an increase in Consolidated
Volume compared to the member’s
Growth Baseline, with each successive
month maintaining or improving upon
that baseline to continue to qualify for
the rebate, the $0.0027 rebate requires
an initial significant increase in
Consolidated Volume compared to that
member’s share of liquidity provided in
all securities in August 2016, with the
member maintaining that level to
continue receiving the $0.0027 rebate.
Thus, the measure against which
Consolidated Volume is compared
remains static month to month under
the criteria of the $0.0027 rebate,
whereas it can vary month to month
under the qualification criteria for the
$0.0025 rebate. Nasdaq believes that
members may therefore be more able to
satisfy the criteria to qualify for the
VerDate Sep<11>2014
18:32 Nov 16, 2017
Jkt 244001
$0.0027 rebate over successive months
than the criteria to qualify for the
$0.0025 rebate. Ultimately, if members
conclude that the qualification
requirements for the remaining tier in
the Growth Program are set too high, or
the rebate too low, it is likely that the
Exchange will realize very little benefit
from the Growth Program. Accordingly,
the Exchange does not believe that this
proposed change will impair the ability
of members or competing order
execution venues to maintain their
competitive standing in the financial
markets.
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.
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NASDAQ–2017–119 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–NASDAQ–2017–119. 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 (https://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.
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–NASDAQ–2017–119, and
should be submitted on or before
December 8, 2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–24934 Filed 11–16–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–82059; File No. SR–BX–
2017–051]
Self-Regulatory Organizations; Nasdaq
BX, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend the
Exchange’s Options Pricing at Chapter
XV, Section 2
November 13, 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 November
15 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
14 15
PO 00000
U.S.C. 78s(b)(3)(A)(ii).
Frm 00145
Fmt 4703
Sfmt 4703
E:\FR\FM\17NON1.SGM
17NON1
54461
Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Notices
1, 2017, Nasdaq BX, Inc. (‘‘BX’’ 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 amend the
Options Pricing at Chapter XV, Section
2, entitled ‘‘BX Options Market—Fees
and Rebates,’’ which governs pricing for
BX members using the BX Options
Market (‘‘BX Options’’). The Exchange
proposes to modify certain fees for
transactions in options overlying Select
Symbols,3 as further discussed below.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://nasdaqbx.cchwallstreet.com/,
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
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
1. Purpose
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.
The Exchange proposes to amend
Chapter XV, Section 2(1), which
includes pricing for transactions in
Select Symbol options, to increase the
Firm 4 fee to add liquidity and fee to
remove liquidity in Select Symbols.
Select Symbols represent some of the
highest volume Penny Pilot options
traded on the Exchange and in the
industry. The fees and rebates
applicable to Select Symbol options in
Chapter XV, Section 2(1) are designed to
attract more order flow to BX Options,
particularly in these high volume
symbols, and apply to Customers,5 BX
Options Market Makers,6 NonCustomers 7 and Firms as follows:
(1) Fees for Execution of Contracts on
the BX Options Market:
*
*
*
*
*
SELECT SYMBOLS OPTIONS TIER SCHEDULE
Rebate to add
liquidity
Fee to add
liquidity
Rebate to
remove liquidity
Fee to remove
liquidity
Fee to add
liquidity
Customer
BX options
market maker
Customer
BX options
market maker
BX options
market maker
Customer
Non-customer
or BX options
market maker,
or firm
Customer
Non-customer
or BX options
market maker,
or firm
When:
Non-customer
or BX options
market maker,
or firm
Trading with:
Tier 1 .........
Tier 2 .........
Tier 3 .........
sradovich on DSK3GMQ082PROD with NOTICES
Tier 4 .........
Participant executes less than 0.05%
of total industry customer equity
and ETF option ADV contracts per
month.
Participant executes 0.05% to less
than 0.15% of total industry customer equity and ETF option ADV
contracts per month.
Participant executes 0.15% or more
of total industry customer equity
and ETF option ADV contracts per
month.
Participant executes greater than
10,000 PRISM Agency Contracts
per month; or Participant executes
BX Options Market Maker volume
of 0.30% or more of total industry
customer equity and ETF options
ADV per month.
3 The following are Select Symbols: ASHR, DIA,
DXJ, EEM, EFA, EWJ, EWT, EWW, EWY, EWZ,
FAS, FAZ, FXE, FXI, FXP, GDX, GLD, HYG, IWM,
IYR, KRE, OIH, QID, QLD, QQQ, RSX, SDS, SKF,
SLV, SRS, SSO, TBT, TLT, TNA, TZA, UNG, URE,
USO, UUP, UVXY, UYG, VXX, XHB, XLB, XLE,
XLF, XLI, XLK, XLP, XLU, XLV, XLY, XME, XOP,
XRT. See Chapter XV, Section 2(1).
4 The term ‘‘Firm’’ or (‘‘F’’) applies to any
transaction that is identified by a Participant for
clearing in the Firm range at OCC. See Chapter XV.
VerDate Sep<11>2014
18:32 Nov 16, 2017
Jkt 244001
$0.00
$0.44
$0.00
$0.42
$0.14
0.10
0.44
0.25
0.42
0.10
0.20
0.40
0.37
0.39
0.04
0.25
0.29
0.37
0.25
0.00
5 The term ‘‘Customer’’ or (‘‘C’’) applies to any
transaction that is identified by a Participant for
clearing in the Customer range at OCC which is not
for the account of broker or dealer or for the account
of a ‘‘Professional’’ (as that term is defined in
Chapter I, Section 1(a)(48)). See Chapter XV.
6 The term ‘‘BX Options Market Maker’’ or (‘‘M’’)
is a Participant that has registered as a Market
Maker on BX Options pursuant to Chapter VII,
Section 2, and must also remain in good standing
pursuant to Chapter VII, Section 4. In order to
PO 00000
Frm 00146
Fmt 4703
Sfmt 4703
receive Market Maker pricing in all securities, the
Participant must be registered as a BX Options
Market Maker in at least one security. See Chapter
XV.
7 As set forth in note 1 to Chapter XV, Section
2(1), a Non-Customer includes a Professional,
Broker-Dealer and Non-BX Options Market Maker.
E:\FR\FM\17NON1.SGM
17NON1
54462
Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Notices
BX Options Select Symbol List
The following are Select Symbols:
ASHR, DIA, DXJ, EEM, EFA, EWJ, EWT,
EWW, EWY, EWZ, FAS, FAZ, FXE, FXI,
FXP, GDX, GLD, HYG, IWM, IYR, KRE,
OIH, QID, QLD, QQQ, RSX, SDS, SKF,
SLV, SRS, SSO, TBT, TLT, TNA, TZA,
UNG, URE, USO, UUP, UVXY, UYG,
VXX, XHB, XLB, XLE, XLF, XLI, XLK,
XLP, XLU, XLV, XLY, XME, XOP, XRT.
• Firm fee to add liquidity and fee to
remove liquidity in Select Symbols
Options will be $0.33 per contract,
regardless of counterparty.
• Non-Customer fee to add liquidity
and fee to remove liquidity in Select
Symbols Options will be $0.46 per
contract, regardless of counterparty.
• BX Options Market Maker fee to
remove liquidity in Select Symbols
Options will be $0.46 per contract when
trading with Firm, Non-Customer, or BX
Options Market Maker.
• Customer fee to add liquidity in
Select Symbols Options when contra to
another Customer is $0.33 per contract.
• Volume from all products listed on
BX Options will apply to the Select
Symbols Options Tiers.
*
*
*
*
*
The Exchange proposes to increase
the $0.33 per contract Firm fee to add
liquidity and fee to remove liquidity in
Select Symbols to raise revenue for the
Exchange and help defray costs. As
proposed, the Firm fee to add liquidity
and fee to remove liquidity in Select
Symbols will be $0.37 per contract,
regardless of counterparty. The pricing
for all other transactions in Select
Symbol options as set forth above will
remain unchanged.
sradovich on DSK3GMQ082PROD with NOTICES
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act,8 in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5)
of the Act,9 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 its
proposal to increase the Firm fee to add
liquidity and fee to remove liquidity in
Select Symbols, as discussed above, is
reasonable because the proposed change
is a modest increase to help defray costs
and remains lower than the Firm fee to
add liquidity and fee to remove
liquidity in all other Penny Pilot options
8 15
9 15
U.S.C. 78f(b).
U.S.C. 78f(b)(4) and (5).
VerDate Sep<11>2014
18:32 Nov 16, 2017
Jkt 244001
that are not options in Select Symbols.10
As discussed above, the pricing for all
other transactions in Select Symbol
options will remain unchanged.
Furthermore, the Exchange notes that
the proposed Firm fees for Select
Symbols remain competitive with the
fees of other options markets.11
Accordingly, the Exchange believes that
despite the proposed increase in Firm
fees as described above, the pricing
model in Chapter XV, Section 2(1) for
Select Symbols will continue to attract
order flow to BX Options, particularly
in these high volume symbols, to the
benefit of all market participants.
The Exchange also believes that the
proposed increase of the Firm fee to add
liquidity and fee to remove liquidity in
Select Symbols is equitable and not
unfairly discriminatory because the
Exchange will apply the same fee to all
similarly situated members. For the
reasons discussed above, the proposed
fee continues to provide an incentive for
Firms to transact order flow on the
Exchange, which order flow brings
increased liquidity to the Exchange for
the benefit of all Exchange participants.
To the extent the purpose of the
proposed Firm fee is achieved, all
market participants should benefit from
the improved market liquidity.
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. As discussed
above, the Exchange believes that the
proposed Firm fees for Select Symbol
options remain competitive with those
on other options markets and will
continue to attract order flow to the
Exchange. 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 review, and
consider adjusting, its fees and rebates
to remain competitive with other
10 The Exchange currently charges a $0.45 per
contract Firm fee to add liquidity and a $0.46 per
contract Firm fee to remove liquidity in all other
Penny Pilot options that are not in Select Symbol
options. See Chapter XV, Section 2(1).
11 See, e.g., MIAX Options Fee Schedule at:
https://www.miaxoptions.com/sites/default/files/
fee_schedule-files/MIAX_Options_Fee_Schedule_
10112017.pdf. See also, e.g., Nasdaq PHLX LLC
Pricing Schedule at: https://nasdaqphlx.cchwall
street.com/NASDAQPHLXTools/PlatformViewer.
asp?selectednode=chp_1_4_1&manual=%2
Fnasdaqomxphlx%2Fphlx%2Fphlx-rulesbrd%2F.
PO 00000
Frm 00147
Fmt 4703
Sfmt 4703
exchanges. For the reasons described
above, the Exchange believes that the
proposed fee changes reflect this
competitive environment.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act.12
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
BX–2017–051 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–BX–2017–051. 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 (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
12 15
E:\FR\FM\17NON1.SGM
U.S.C. 78s(b)(3)(A)(ii).
17NON1
Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Notices
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.
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–BX–2017–051, and should
be submitted on or before December 8,
2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–24931 Filed 11–16–17; 8:45 am]
BILLING CODE 8011–01–P
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration #15298 and #15299;
PUERTO RICO Disaster Number PR–00029]
Presidential Declaration Amendment of
a Major Disaster for the
Commonwealth of Puerto Rico
U.S. Small Business
Administration.
ACTION: Amendment 4.
AGENCY:
This is an amendment of the
Presidential declaration of a major
disaster for the Commonwealth of
Puerto Rico (FEMA–4336–DR), dated
09/10/2017.
Incident: Hurricane Irma.
Incident Period: 09/05/2017 through
09/07/2017.
DATES: Issued on 11/10/2017.
Physical Loan Application Deadline
Date: 03/20/2018.
Economic Injury (EIDL) Loan
Application Deadline Date: 06/11/2018.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
13 17
CFR 200.30–3(a)(12).
VerDate Sep<11>2014
18:32 Nov 16, 2017
Jkt 244001
A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street SW., Suite 6050,
Washington, DC 20416, (202) 205–6734.
SUPPLEMENTARY INFORMATION: The notice
of the President’s major disaster
declaration for the Commonwealth of
PUERTO RICO, dated 09/10/2017, is
hereby amended to extend the deadline
for filing applications for physical
damages as a result of this disaster to
03/20/2018.
All other information in the original
declaration remains unchanged.
FOR FURTHER INFORMATION CONTACT:
(Catalog of Federal Domestic Assistance
Number 59008)
James E. Rivera,
Associate Administrator for Disaster
Assistance.
[FR Doc. 2017–24916 Filed 11–16–17; 8:45 am]
BILLING CODE 8025–01–P
DEPARTMENT OF STATE
[Public Notice 10204]
Determination Under Section
7070(c)(1) of the Department of State,
Foreign Operations, and Related
Programs Appropriations Act, 2017
Regarding the Central Government of
Nicaragua
Pursuant to section 7070(c)(1) of the
Department of State, Foreign
Operations, and Related Programs
Appropriations Act, 2017 (Div. J, Pub. L.
115–31), I hereby determine that the
Government of Nicaragua has
recognized the independence of, or has
established diplomatic relations with,
the Georgian territories of Abkhazia and
Tskhinvali Region/South Ossetia.
This determination shall be published
in the Federal Register and, along with
the accompanying Memorandum of
Justification, shall be reported to
Congress.
Rex W. Tillerson,
Secretary of State.
[FR Doc. 2017–24963 Filed 11–16–17; 8:45 am]
54463
Discontinuances of Service to
discontinue service over approximately
13.65 miles of rail line from milepost ZF
0.0 to milepost ZF 13.65 on CSXT’s
Southern Region, Florence Division,
Kingsport Subdivision in Dickenson
County, Va. (the Line). The Line
traverses United States Postal Service
Zip Codes 24226, 24228, and 24230.
CSXT states that there are 12 internal
CSXT stations on the line that can be
closed.1
CSXT has certified that: (1) No local
traffic has moved over the Line for at
least two years; (2) overhead traffic on
the Line can be rerouted over other
lines; (3) no formal complaint filed by
a user of a rail service on the Line (or
by a state or local government entity
acting on behalf of such user) regarding
cessation of service over the Line is
either pending with the Surface
Transportation Board or with any U.S.
District Court or has been decided in
favor of a complainant within the twoyear period; and (4) the requirements at
49 CFR 1105.12 (newspaper
publication) and 49 CFR 1152.50(d)(1)
(notice to governmental agencies) have
been met.
As a condition to this exemption, any
employee adversely affected by the
discontinuance of service shall be
protected under Oregon Short Line
Railroad—Abandonment Portion
Goshen Branch Between Firth &
Ammon, in Bingham & Bonneville
Counties, Idaho, 360 I.C.C. 91 (1979). To
address whether this condition
adequately protects affected employees,
a petition for partial revocation under
49 U.S.C. 10502(d) must be filed.
Provided no formal expression of
intent to file an offer of financial
assistance (OFA) to subsidize continued
rail service has been received, this
exemption will be effective on
December 17, 2017, unless stayed
pending reconsideration. Petitions to
stay that do not involve environmental
issues and formal expressions of intent
to file an OFA to subsidize continued
rail service under 49 CFR 1152.27(c)(2) 2
must be filed by November 27, 2017.3
BILLING CODE 4710–29–P
SURFACE TRANSPORTATION BOARD
[Docket No. AB 55 (Sub-No. 757X)]
CSX Transportation, Inc.—
Discontinuance of Service
Exemption—in Dickenson County, VA
CSX Transportation, Inc. (CSXT), has
filed a verified notice of exemption
under 49 CFR part 1152 subpart F—
Exempt Abandonments and
PO 00000
Frm 00148
Fmt 4703
Sfmt 4703
1 These stations are at Caney, Cranes Nest DTC,
Dickenson, Cranes Nest, Holly Creek, Crabtree,
Clintwood Mills, Mullin, Delp, Victor, Lick Fork,
and Phipps.
2 Each OFA must be accompanied by the filing
fee, which currently is set at $1,800. See
Regulations Governing Fees for Servs. Performed in
Connection with Licensing & Related Servs.—2017
Update, EP 542 (Sub-No. 25), slip op. App. C at 20
(STB served July 28, 2017).
3 Because this is a discontinuance proceeding and
not an abandonment, trail use/rail banking and
public use conditions are not appropriate. Because
there will be an environmental review during
abandonment, this discontinuance does not require
environmental review.
E:\FR\FM\17NON1.SGM
17NON1
Agencies
[Federal Register Volume 82, Number 221 (Friday, November 17, 2017)]
[Notices]
[Pages 54460-54463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24931]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-82059; File No. SR-BX-2017-051]
Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the
Exchange's Options Pricing at Chapter XV, Section 2
November 13, 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 November
[[Page 54461]]
1, 2017, Nasdaq BX, Inc. (``BX'' 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.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend the Options Pricing at Chapter XV,
Section 2, entitled ``BX Options Market--Fees and Rebates,'' which
governs pricing for BX members using the BX Options Market (``BX
Options''). The Exchange proposes to modify certain fees for
transactions in options overlying Select Symbols,\3\ as further
discussed below.
---------------------------------------------------------------------------
\3\ The following are Select Symbols: ASHR, DIA, DXJ, EEM, EFA,
EWJ, EWT, EWW, EWY, EWZ, FAS, FAZ, FXE, FXI, FXP, GDX, GLD, HYG,
IWM, IYR, KRE, OIH, QID, QLD, QQQ, RSX, SDS, SKF, SLV, SRS, SSO,
TBT, TLT, TNA, TZA, UNG, URE, USO, UUP, UVXY, UYG, VXX, XHB, XLB,
XLE, XLF, XLI, XLK, XLP, XLU, XLV, XLY, XME, XOP, XRT. See Chapter
XV, Section 2(1).
---------------------------------------------------------------------------
The text of the proposed rule change is available on the Exchange's
Web site at https://nasdaqbx.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 Exchange proposes to amend Chapter XV, Section 2(1), which
includes pricing for transactions in Select Symbol options, to increase
the Firm \4\ fee to add liquidity and fee to remove liquidity in Select
Symbols. Select Symbols represent some of the highest volume Penny
Pilot options traded on the Exchange and in the industry. The fees and
rebates applicable to Select Symbol options in Chapter XV, Section 2(1)
are designed to attract more order flow to BX Options, particularly in
these high volume symbols, and apply to Customers,\5\ BX Options Market
Makers,\6\ Non-Customers \7\ and Firms as follows:
---------------------------------------------------------------------------
\4\ The term ``Firm'' or (``F'') applies to any transaction that
is identified by a Participant for clearing in the Firm range at
OCC. See Chapter XV.
\5\ The term ``Customer'' or (``C'') applies to any transaction
that is identified by a Participant for clearing in the Customer
range at OCC which is not for the account of broker or dealer or for
the account of a ``Professional'' (as that term is defined in
Chapter I, Section 1(a)(48)). See Chapter XV.
\6\ The term ``BX Options Market Maker'' or (``M'') is a
Participant that has registered as a Market Maker on BX Options
pursuant to Chapter VII, Section 2, and must also remain in good
standing pursuant to Chapter VII, Section 4. In order to receive
Market Maker pricing in all securities, the Participant must be
registered as a BX Options Market Maker in at least one security.
See Chapter XV.
\7\ As set forth in note 1 to Chapter XV, Section 2(1), a Non-
Customer includes a Professional, Broker-Dealer and Non-BX Options
Market Maker.
---------------------------------------------------------------------------
(1) Fees for Execution of Contracts on the BX Options Market:
* * * * *
Select Symbols Options Tier Schedule
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rebate to add Fee to add Rebate to Fee to remove Fee to add
-------------------------------------------------------------------- liquidity liquidity remove liquidity liquidity
When: ---------------------------------- liquidity ---------------------------------
-------------------------------------------------------------------- Customer BX options ----------------- BX options BX options
----------------- market maker Customer market maker market maker
-------------------------------------------------------------------
Non-customer or Non-customer or Non-customer or
Trading with: BX options BX options BX options
market maker, Customer market maker, Customer market maker,
or firm or firm or firm
--------------------------------------------------------------------------------------------------------------------------------------------------------
Tier 1........................ Participant executes less than $0.00 $0.44 $0.00 $0.42 $0.14
0.05% of total industry customer
equity and ETF option ADV
contracts per month.
Tier 2........................ Participant executes 0.05% to less 0.10 0.44 0.25 0.42 0.10
than 0.15% of total industry
customer equity and ETF option ADV
contracts per month.
Tier 3........................ Participant executes 0.15% or more 0.20 0.40 0.37 0.39 0.04
of total industry customer equity
and ETF option ADV contracts per
month.
Tier 4........................ Participant executes greater than 0.25 0.29 0.37 0.25 0.00
10,000 PRISM Agency Contracts per
month; or Participant executes BX
Options Market Maker volume of
0.30% or more of total industry
customer equity and ETF options
ADV per month.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 54462]]
BX Options Select Symbol List
The following are Select Symbols: ASHR, DIA, DXJ, EEM, EFA, EWJ,
EWT, EWW, EWY, EWZ, FAS, FAZ, FXE, FXI, FXP, GDX, GLD, HYG, IWM, IYR,
KRE, OIH, QID, QLD, QQQ, RSX, SDS, SKF, SLV, SRS, SSO, TBT, TLT, TNA,
TZA, UNG, URE, USO, UUP, UVXY, UYG, VXX, XHB, XLB, XLE, XLF, XLI, XLK,
XLP, XLU, XLV, XLY, XME, XOP, XRT.
Firm fee to add liquidity and fee to remove liquidity in
Select Symbols Options will be $0.33 per contract, regardless of
counterparty.
Non-Customer fee to add liquidity and fee to remove
liquidity in Select Symbols Options will be $0.46 per contract,
regardless of counterparty.
BX Options Market Maker fee to remove liquidity in Select
Symbols Options will be $0.46 per contract when trading with Firm, Non-
Customer, or BX Options Market Maker.
Customer fee to add liquidity in Select Symbols Options
when contra to another Customer is $0.33 per contract.
Volume from all products listed on BX Options will apply
to the Select Symbols Options Tiers.
* * * * *
The Exchange proposes to increase the $0.33 per contract Firm fee
to add liquidity and fee to remove liquidity in Select Symbols to raise
revenue for the Exchange and help defray costs. As proposed, the Firm
fee to add liquidity and fee to remove liquidity in Select Symbols will
be $0.37 per contract, regardless of counterparty. The pricing for all
other transactions in Select Symbol options as set forth above will
remain unchanged.
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\8\ in general, and furthers the objectives of Sections
6(b)(4) and 6(b)(5) of the Act,\9\ 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.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------
The Exchange believes that its proposal to increase the Firm fee to
add liquidity and fee to remove liquidity in Select Symbols, as
discussed above, is reasonable because the proposed change is a modest
increase to help defray costs and remains lower than the Firm fee to
add liquidity and fee to remove liquidity in all other Penny Pilot
options that are not options in Select Symbols.\10\ As discussed above,
the pricing for all other transactions in Select Symbol options will
remain unchanged. Furthermore, the Exchange notes that the proposed
Firm fees for Select Symbols remain competitive with the fees of other
options markets.\11\ Accordingly, the Exchange believes that despite
the proposed increase in Firm fees as described above, the pricing
model in Chapter XV, Section 2(1) for Select Symbols will continue to
attract order flow to BX Options, particularly in these high volume
symbols, to the benefit of all market participants.
---------------------------------------------------------------------------
\10\ The Exchange currently charges a $0.45 per contract Firm
fee to add liquidity and a $0.46 per contract Firm fee to remove
liquidity in all other Penny Pilot options that are not in Select
Symbol options. See Chapter XV, Section 2(1).
\11\ See, e.g., MIAX Options Fee Schedule at: https://www.miaxoptions.com/sites/default/files/fee_schedule-files/MIAX_Options_Fee_Schedule_10112017.pdf. See also, e.g., Nasdaq PHLX
LLC Pricing Schedule at: https://nasdaqphlx.cchwallstreet.com/NASDAQPHLXTools/PlatformViewer.asp?selectednode=chp_1_4_1&manual=%2Fnasdaqomxphlx%2Fphlx%2Fphlx-rulesbrd%2F.
---------------------------------------------------------------------------
The Exchange also believes that the proposed increase of the Firm
fee to add liquidity and fee to remove liquidity in Select Symbols is
equitable and not unfairly discriminatory because the Exchange will
apply the same fee to all similarly situated members. For the reasons
discussed above, the proposed fee continues to provide an incentive for
Firms to transact order flow on the Exchange, which order flow brings
increased liquidity to the Exchange for the benefit of all Exchange
participants. To the extent the purpose of the proposed Firm fee is
achieved, all market participants should benefit from the improved
market liquidity.
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. As discussed above, the
Exchange believes that the proposed Firm fees for Select Symbol options
remain competitive with those on other options markets and will
continue to attract order flow to the Exchange. 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 review, and consider adjusting, its fees and rebates
to remain competitive with other exchanges. For the reasons described
above, the Exchange believes that the proposed fee changes reflect this
competitive environment.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\12\
---------------------------------------------------------------------------
\12\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------
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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-BX-2017-051 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-BX-2017-051. 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 (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule
[[Page 54463]]
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. 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-BX-
2017-051, and should be submitted on or before December 8, 2017.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------
\13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-24931 Filed 11-16-17; 8:45 am]
BILLING CODE 8011-01-P