Proposed Collection; Comment Request, 2251-2252 [2018-00498]
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daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices
The Exchange and its market data
products are subject to significant
competitive forces and the proposed
fees represent responses to that
competition. To start, the Exchange
competes intensely for order flow. It
competes with the other national
securities exchanges that currently trade
equities, with electronic communication
networks, with quotes posted in
FINRA’s Alternative Display Facility,
with alternative trading systems, and
with securities firms that primarily
trade as principal with their customer
order flow.
In addition, BYX Depth competes
with a number of alternative products.
For instance, BYX Depth does not
provide a complete picture of all trading
activity in a security. Rather, the other
national securities exchanges, the
several TRFs of FINRA, and ECNs that
produce proprietary data all produce
trades and trade reports. Each is
currently permitted to produce depthof-book information products, and many
currently do, including Nasdaq, NYSE,
and NYSE Arca.
In sum, the availability of a variety of
alternative sources of information
imposes significant competitive
pressures on Exchange data products
and the Exchange’s compelling need to
attract order flow imposes significant
competitive pressure on the Exchange to
act equitably, fairly, and reasonably in
setting the proposed data product fees.
The proposed data product fees are, in
part, responses to that pressure. The
Exchange believes that the proposed
fees would reflect an equitable
allocation of its overall costs to users of
its facilities.
In addition, when establishing the
proposed fees, the Exchange considered
the competitiveness of the market for
proprietary data and all of the
implications of that competition. The
Exchange believes that it has considered
all relevant factors and has not
considered irrelevant factors in order to
establish fair, reasonable, and not
unreasonably discriminatory fees and an
equitable allocation of fees among all
Users. The existence of alternatives to
BYX Depth, including existing similar
feeds by other exchanges, consolidated
data, and proprietary data from other
sources, ensures that the Exchange
cannot set unreasonable fees, or fees
that are unreasonably discriminatory,
when subscribers can elect these
alternatives or choose not to purchase a
specific proprietary data product if its
cost to purchase is not justified by the
returns any particular vendor or
subscriber would achieve through the
purchase.
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The Exchange believes the adoption
of the fee for Non-Display Usage for
BYX Depth would increase competition
amongst the exchanges that offer depthof-book products. In addition, the
proposed Non-Display Usage fee is less
than similar fees currently charged by
the NYSE and NYSE Arca for their
depth-of-book data.19
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange has neither solicited
nor received written comments on the
proposed rule change.
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)
of the Act 20 and paragraph (f) of Rule
19b–4 thereunder.21 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 necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act.
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–
CboeBYX–2017–003 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 CboeBYX–2017–003. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
internet website (https://www.sec.gov/
19 See
supra note 18.
U.S.C. 78s(b)(3)(A).
21 17 CFR 240.19b–4(f).
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number CboeBYX–2017–003 and
should be submitted on or before
February 6, 2018.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.22
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–00528 Filed 1–12–18; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–170, OMB Control No.
3235–0167]
Proposed Collection; Comment
Request
Upon Written Request Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736
Extension:
Form 15
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit this existing collection
of information to the Office of
20 15
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CFR 200.30–3(a)(12).
16JAN1
2252
Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices
Management and Budget for extension
and approval.
Form 15 (17 CFR 249.323) is a
certification of termination of a class of
security under Section 12(g) or notice of
suspension of duty to file reports
pursuant to Sections 13 and 15(d) of the
Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.). We estimate that
approximately 1,302 issuers file Form
15 annually and it takes approximately
1.5 hours per response to prepare for a
total of 1,953 annual burden hours (1.5
hours per response × 1,302 responses).
Written comments are invited on: (a)
Whether this proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden imposed by the collection
of information; (c) ways to enhance the
quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology. Consideration will be given
to comments and suggestions submitted
in writing within 60 days of this
publication.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid
control number.
Please direct your written comment to
Pamela Dyson, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o Remi PavlikSimon, 100 F Street NE, Washington,
DC 20549 or send an email to: PRA_
Mailbox@sec.gov.
Dated: January 9, 2018.
Eduardo A. Aleman,
Assistant Secretary.
BILLING CODE 8011–01–P
daltland on DSKBBV9HB2PROD with NOTICES
[Release No. 34–82465; File No. SR–ISE–
2017–113]
Self-Regulatory Organizations; Nasdaq
ISE, LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend the
Exchange’s Schedule of Fees at
Chapter VIII, Section J, Entitled
‘‘Nasdaq ISE Trades Feed’’
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The Exchange proposes to amend the
Exchange’s Schedule of Fees at Chapter
VIII, Section J, entitled ‘‘Nasdaq ISE
Trades Feed,’’ to introduce a monthly
fee of $1,000 for unlimited internal and/
or external distribution of the Nasdaq
ISE Trade Feed,3 as described further
below.
The text of the proposed rule change
is available on the Exchange’s website at
https://ise.cchwallstreet.com/, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
1. Purpose
SECURITIES AND EXCHANGE
COMMISSION
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
[FR Doc. 2018–00498 Filed 1–12–18; 8:45 am]
January 9, 2018.
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on December
26, 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, 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.
The purpose of the proposed rule
change is to amend the Exchange’s
Schedule of Fees at Chapter VIII,
Section J, entitled ‘‘Nasdaq ISE Trades
Feed,’’ to introduce a monthly fee of
$1,000 for unlimited internal and/or
external distribution of the ISE Trade
Feed.
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 As part of this proposal, the Exchange proposes
to correct a typographical error by renaming the
Nasdaq ISE Trades Feed the ‘‘Nasdaq ISE Trade
Feed.’’ The Exchange hereinafter refers to the
product by its corrected name.
2 17
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The Nasdaq ISE Trade Feed is a direct
data feed product that displays last sale
information about trades that occur in
the Exchange’s execution system, along
with opening price, cumulative volume,
and high and low prices for the day. The
data provided for each instrument
includes the symbols (series and
underlying security), put or call
indicator, expiration date, the strike
price of the series, and trading status.
Access to real-time last sale options data
from the Exchange increases
transparency and enables firms to
provide dynamically updated tickers,
portfolio trackers and price/time charts.
The Exchange presently offers
subscriptions to the Nasdaq ISE Trade
Feed for free. The Exchange proposes to
amend Section J to charge a fee of
$1,000 per month (for unlimited
internal and external distribution) for a
subscription to the Nasdaq ISE Trade
Feed. Upon effectiveness of the
proposal, this monthly fee will apply to
all firms that choose to subscribe to the
Nasdaq ISE Trade Feed, including firms
that currently receive it for free.
Although the Exchange proposes to
offer the Nasdaq ISE Trade Feed for a
fee on a standalone basis, it notes that
the Trade Feed is a purely optional
product and a subscription to it is not
required to receive the data that it
provides. The same ISE trade
information that is available on the
Nasdaq ISE Trade Feed is also broadcast
on two other Nasdaq ISE data feeds: the
ISE Top Quote Feed and the ISE Depth
of Market Feed.
The Exchange’s proposal to charge a
fee for the Nasdaq ISE Trade Feed
reflects the value of the investments that
the Exchange has made in developing,
maintaining, and upgrading the ISE
Trade Feed product and the Exchange
trading facility that supports it, which
include the following:
• Exchange Re-Platform and
Harmonization of Specifications. In
connection with its recent acquisition
by Nasdaq, Inc. and the associated
efforts to re-platform and integrate the
Exchange into the Nasdaq, Inc. family of
exchanges, the Exchange upgraded the
ISE Trade Feed so that it is consistent
with the specifications and formats of
the other Nasdaq, Inc. data feeds. The
re-platforming and associated upgrades
will render connection to and
consumption of the ISE Trade Feeds and
other data products easier for customers
to manage. Having one harmonized
specification document format that is
standardized across six exchanges
makes initial onboarding and
implementation of the data feeds into
customers’ systems more efficient than
having multiple documents in disparate
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16JAN1
Agencies
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2251-2252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00498]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[SEC File No. 270-170, OMB Control No. 3235-0167]
Proposed Collection; Comment Request
Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736
Extension:
Form 15
Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of
[[Page 2252]]
Management and Budget for extension and approval.
Form 15 (17 CFR 249.323) is a certification of termination of a
class of security under Section 12(g) or notice of suspension of duty
to file reports pursuant to Sections 13 and 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.). We estimate that
approximately 1,302 issuers file Form 15 annually and it takes
approximately 1.5 hours per response to prepare for a total of 1,953
annual burden hours (1.5 hours per response x 1,302 responses).
Written comments are invited on: (a) Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
Please direct your written comment to Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE, Washington, DC 20549 or send an email
to: [email protected].
Dated: January 9, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-00498 Filed 1-12-18; 8:45 am]
BILLING CODE 8011-01-P