80_FR_14472 80 FR 14419 - Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees

80 FR 14419 - Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 53 (March 19, 2015)

Page Range14419-14421
FR Document2015-06263

Federal Register, Volume 80 Issue 53 (Thursday, March 19, 2015)
[Federal Register Volume 80, Number 53 (Thursday, March 19, 2015)]
[Notices]
[Pages 14419-14421]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06263]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74505; File No. SR-ISEGemini-2015-06]


Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend the 
Schedule of Fees

March 13, 2015.
    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 March 2, 2015, ISE Gemini, LLC (the ``Exchange'' or ``ISE 
Gemini'') 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    ISE Gemini proposes to amend the Schedule of Fees as described in 
more detail below. The text of the proposed rule change is available on 
the Exchange's Internet Web site at http://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 self-regulatory organization 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 the Schedule of Fees to increase 
Priority Customer \3\ rebates in Penny Symbols \4\ and SPY as well as 
related fees for non-Priority Customer orders trading against Priority 
Customer orders in these symbols.
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    \3\ A ``Priority Customer'' is a person or entity that is not a 
broker/dealer in securities, and does not place more than 390 orders 
in listed options per day on average during a calendar month for its 
own beneficial account(s), as defined in Rule 100(a)(37A).
    \4\ ``Penny Symbols'' are options overlying all symbols listed 
on ISE Gemini that are in the Penny Pilot Program.
---------------------------------------------------------------------------

    Currently, Priority Customer orders that add liquidity on ISE 
Gemini are provided a maker rebate in Penny Symbols and SPY of $0.25 
per contract for Tier 1,\5\ $0.40 per contract for Tier 2, $0.46 per 
contract for Tier 3, $0.48 per contract for Tier 4, and $0.50 per 
contract for Tier 5. In order to incentivize members to bring their 
Priority Customer orders to ISE Gemini, the Exchange now proposes to 
provide higher maker rebates to members that achieve Tier 3 or higher. 
In particular, the Exchange proposes to increase the

[[Page 14420]]

Priority Customer rebate in Penny Symbols and SPY to $0.48 per contract 
for Tier 3, $0.50 per contract for Tier 4, and $0.52 per contract for 
Tier 5.
---------------------------------------------------------------------------

    \5\ This rebate is $0.32 per contract for members that execute a 
Priority Customer Maker ADV of 5,000 to 19,999 contracts in a given 
month.
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    Market Maker,\6\ Non-ISE Gemini Market Maker,\7\ Firm Proprietary 
\8\/Broker-Dealer,\9\ and Professional Customer \10\ (i.e. non-Priority 
Customer) orders currently pay a taker fee of $0.49 per contract, 
subject to a discount to $0.48 per contract for Market Makers that 
achieve the highest tier. In connection with the increased Priority 
Customer rebates described above, the Exchange further proposes to 
charge non-Priority Customer orders a taker fee of $0.50 per contract 
when trading against a Priority Customer order.\11\
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    \6\ The term Market Maker refers to ``Competitive Market 
Makers'' and ``Primary Market Makers'' collectively. See Rule 
100(a)(25).
    \7\ A ``Non-ISE Gemini Market Maker'' is a market maker as 
defined in Section 3(a)(38) of the Securities Exchange Act of 1934, 
as amended, registered in the same options class on another options 
exchange.
    \8\ A ``Firm Proprietary'' order is an order submitted by a 
member for its own proprietary account.
    \9\ A ``Broker-Dealer'' order is an order submitted by a member 
for a broker-dealer account that is not its own proprietary account.
    \10\ A ``Professional Customer'' is a person or entity that is 
not a broker/dealer and is not a Priority Customer.
    \11\ The Exchange notes that there will be no Tier 5 Market 
Maker discount when trading against a Priority Customer.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6 of the Act,\12\ in general, and 
Section 6(b)(4) of the Act,\13\ in particular, in that it is designed 
to provide for the equitable allocation of reasonable dues, fees, and 
other charges among its members and other persons using its facilities.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f.
    \13\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that it is reasonable and equitable to 
increase the rebates offered to Priority Customer orders in Penny 
Symbols and SPY, as the proposed change is designed to attract 
additional Priority Customer volume to the Exchange. The Exchange 
already provides enhanced rebates for Priority Customer orders, and 
believes that further increasing the rebates will incentivize members 
to send additional Priority Customer order flow to ISE Gemini, creating 
additional liquidity to the benefit of all members that trade on the 
Exchange. The Exchange further believes that it is reasonable and 
equitable to increase the fee charged to non-Priority Customers that 
trade against a Priority Customer order as this change is designed to 
offset the enhanced rebates offered to incentivize the other side of 
the trade. As explained above, the Exchange believes that all members 
will benefit from the additional liquidity created by the higher 
Priority Customer rebates. Furthermore, the proposed taker fee for non-
Priority Customer orders trading against a Priority Customer is within 
the range of fees charged by other options exchanges, including the BOX 
Options Exchange (``BOX''), which charges as much as $0.59 per contract 
for non-customer orders in penny pilot symbols that trade against a 
public customer.\14\
---------------------------------------------------------------------------

    \14\ See BOX Fee Schedule, Section 1, Exchange Fees, A. Non-
Auction Transactions.
---------------------------------------------------------------------------

    In addition, while the Exchange is increasing Priority Customer 
rebates as well as corresponding fees for non-Priority Customers 
trading against Priority Customer orders, the Exchange does not believe 
that these proposed changes are unfairly discriminatory. As has 
historically been the case, Priority Customer orders remain entitled to 
more favorable fees and rebates than other market participants in order 
to encourage this order flow. A Priority Customer is by definition not 
a broker or dealer in securities, and does not place more than 390 
orders in listed options per day on average during a calendar month for 
its own beneficial account(s). This limitation does not apply to 
participants whose behavior is substantially similar to that of market 
professionals, including Professional Customers, who will generally 
submit a higher number of orders (many of which do not result in 
executions) than Priority Customers.

B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,\15\ the Exchange 
does not believe that the proposed rule change will impose any burden 
on intermarket or intramarket competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. The proposed 
changes to fees and rebates in Penny Symbols and SPY are designed to 
attract additional order flow to the Exchange. The Exchange believes 
that the proposed fees and rebates are competitive with fees and 
rebates offered to orders executed on other options exchanges. The 
Exchange operates in a highly competitive market in which market 
participants can readily direct their order flow to competing venues. 
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.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    The Exchange has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any unsolicited written comments from members or other interested 
parties.

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,\16\ and subparagraph (f)(2) of Rule 19b-4 
thereunder,\17\ because it establishes a due, fee, or other charge 
imposed by ISE Gemini.
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    \16\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \17\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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. 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 [email protected]. Please include 
File Number SR-ISEGemini-2015-06 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-ISEGemini-2015-06. This 
file number should be included on the

[[Page 14421]]

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 
such filing also will be available for inspection and copying at the 
principal office of the Exchange. All comments received will be posted 
without change; the Commission does not edit personal identifying 
information from submissions. You should submit only information that 
you wish to make available publicly. All submissions should refer to 
File Number SR-ISEGemini-2015-06, and should be submitted on or before 
April 9, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-06263 Filed 3-18-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                            Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Notices                                                         14419

                                                  Commission, Office of FOIA Services,                 recordkeeping and retention                             comments on the proposed rule change
                                                  100 F Street NE., Washington, DC                     requirements under Rules 17Ad–6 and                     from interested persons.
                                                  20549–2736.                                          17Ad–7 are mandatory to assist the
                                                                                                                                                               I. Self-Regulatory Organization’s
                                               Extension: Rules 17Ad–6 and 17Ad–7.                     Commission and other regulatory
                                                                                                                                                               Statement of the Terms of the Substance
                                                 SEC File No. 270–151, OMB Control No.                 agencies with monitoring transfer agents
                                                                                                                                                               of the Proposed Rule Change
                                                   3235–0291.                                          and ensuring compliance with the rules.
                                                                                                       These rules do not involve the                             ISE Gemini proposes to amend the
                                                  Notice is hereby given that pursuant                                                                         Schedule of Fees as described in more
                                                                                                       collection of confidential information.
                                               to the Paperwork Reduction Act of 1995                                                                          detail below. The text of the proposed
                                                                                                         An agency may not conduct or
                                               (44 U.S.C. 3501 et seq.) the Securities                                                                         rule change is available on the
                                                                                                       sponsor, and a person is not required to
                                               and Exchange Commission                                                                                         Exchange’s Internet Web site at http://
                                                                                                       respond to, a collection of information
                                               (‘‘Commission’’) has submitted to the                                                                           www.ise.com, at the principal office of
                                                                                                       under the PRA unless it displays a
                                               Office of Management and Budget                                                                                 the Exchange, and at the Commission’s
                                                                                                       currently valid OMB control number.
                                               (‘‘OMB’’) a request for approval of                                                                             Public Reference Room.
                                                                                                         The public may view background
                                               extension of the existing collection of
                                                                                                       documentation for this information                      II. Self-Regulatory Organization’s
                                               information provided for in the
                                                                                                       collection at the following Web site:                   Statement of the Purpose of, and
                                               following rules: Rule 17Ad–6 (17 CFR
                                                                                                       www.reginfo.gov. Comments should be                     Statutory Basis for, the Proposed Rule
                                               240.17Ad–6) and Rule 17Ad–7 (17 CFR
                                                                                                       directed to: (i) Desk Officer for the                   Change
                                               240.17Ad–7) under the Securities
                                                                                                       Securities and Exchange Commission,
                                               Exchange Act of 1934 (15 U.S.C. 78a et                                                                             In its filing with the Commission, the
                                                                                                       Office of Information and Regulatory
                                               seq.) (‘‘Exchange Act’’).                                                                                       Exchange included statements
                                                  Rule 17Ad–6 under the Exchange Act                   Affairs, Office of Management and
                                                                                                                                                               concerning the purpose of, and basis for,
                                               requires every registered transfer agent                Budget, Room 10102, New Executive
                                                                                                                                                               the proposed rule change and discussed
                                               to make and keep current records about                  Office Building, Washington, DC 20503,
                                                                                                                                                               any comments it received on the
                                               a variety of information, such as: (1)                  or by sending an email to: Shagufta_                    proposed rule change. The text of these
                                               Specific operational data regarding the                 Ahmed@omb.eop.gov; and (ii) Pamela                      statements may be examined at the
                                               time taken to perform transfer agent                    Dyson, Director/Chief Information                       places specified in Item IV below. The
                                               activities (to ensure compliance with                   Officer, Securities and Exchange                        self-regulatory organization has
                                               the minimum performance standards in                    Commission, c/o Remi Pavlik-Simon,                      prepared summaries, set forth in
                                               Rule 17Ad–2 (17 CFR 240.17Ad–2)); (2)                   100 F Street NE., Washington, DC                        Sections A, B and C below, of the most
                                               written inquiries and requests by                       20549, or by sending an email to: PRA_                  significant aspects of such statements.
                                               shareholders and broker-dealers and                     Mailbox@sec.gov. Comments must be
                                                                                                       submitted to OMB within 30 days of                      A. Self-Regulatory Organization’s
                                               response time thereto; (3) resolutions,                                                                         Statement of the Purpose of, and
                                               contracts, or other supporting                          this notice.
                                                                                                                                                               Statutory Basis for, the Proposed Rule
                                               documents concerning the appointment                      Dated: March 13, 2015.
                                                                                                                                                               Change
                                               or termination of the transfer agent; (4)               Brent J. Fields,
                                               stop orders or notices of adverse claims                Secretary.                                              1. Purpose
                                               to the securities; and (5) all canceled                 [FR Doc. 2015–06316 Filed 3–18–15; 8:45 am]                The Exchange proposes to amend the
                                               registered securities certificates.                     BILLING CODE 8011–01–P                                  Schedule of Fees to increase Priority
                                                  Rule 17Ad–7 under the Exchange Act                                                                           Customer 3 rebates in Penny Symbols 4
                                               requires each registered transfer agent to                                                                      and SPY as well as related fees for non-
                                               retain the records specified in Rule                    SECURITIES AND EXCHANGE                                 Priority Customer orders trading against
                                               17Ad–6 in an easily accessible place for                COMMISSION                                              Priority Customer orders in these
                                               a period of six months to six years,                                                                            symbols.
                                               depending on the type of record or                      [Release No. 34–74505; File No. SR–
                                                                                                       ISEGemini–2015–06]                                         Currently, Priority Customer orders
                                               document. Rule 17Ad–7 also specifies                                                                            that add liquidity on ISE Gemini are
                                               the manner in which records may be                      Self-Regulatory Organizations; ISE                      provided a maker rebate in Penny
                                               maintained using electronic, microfilm,                 Gemini, LLC; Notice of Filing and                       Symbols and SPY of $0.25 per contract
                                               and microfiche storage methods.                         Immediate Effectiveness of Proposed                     for Tier 1,5 $0.40 per contract for Tier
                                                  These recordkeeping requirements are                 Rule Change To Amend the Schedule                       2, $0.46 per contract for Tier 3, $0.48
                                               designed to ensure that all registered                  of Fees                                                 per contract for Tier 4, and $0.50 per
                                               transfer agents are maintaining the                                                                             contract for Tier 5. In order to
                                               records necessary for transfer agents to                March 13, 2015.                                         incentivize members to bring their
                                               monitor and keep control over their own                    Pursuant to Section 19(b)(1) of the                  Priority Customer orders to ISE Gemini,
                                               performance and for the Commission to                   Securities Exchange Act of 1934 (the                    the Exchange now proposes to provide
                                               adequately examine registered transfer                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  higher maker rebates to members that
                                               agents on an historical basis for                       notice is hereby given that on March 2,                 achieve Tier 3 or higher. In particular,
                                               compliance with applicable rules.                       2015, ISE Gemini, LLC (the ‘‘Exchange’’                 the Exchange proposes to increase the
                                                  The Commission estimates that                        or ‘‘ISE Gemini’’) filed with the
                                               approximately 429 registered transfer                   Securities and Exchange Commission                         3 A ‘‘Priority Customer’’ is a person or entity that

                                               agents will spend a total of 214,500                    (the ‘‘Commission’’) the proposed rule                  is not a broker/dealer in securities, and does not
                                                                                                                                                               place more than 390 orders in listed options per day
                                               hours per year complying with Rules                     change, as described in Items I, II, and
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                                                                                                                                                               on average during a calendar month for its own
                                               17Ad–6 and 17Ad–7 (500 hours per year                   III below, which items have been                        beneficial account(s), as defined in Rule
                                               per transfer agent).                                    prepared by the self-regulatory                         100(a)(37A).
                                                  The retention period under Rule                      organization. The Commission is                            4 ‘‘Penny Symbols’’ are options overlying all

                                               17Ad–7 for the recordkeeping                                                                                    symbols listed on ISE Gemini that are in the Penny
                                                                                                       publishing this notice to solicit                       Pilot Program.
                                               requirements under Rule 17Ad–6 is six                                                                              5 This rebate is $0.32 per contract for members
                                               months to six years, depending on the                     1 15   U.S.C. 78s(b)(1).                              that execute a Priority Customer Maker ADV of
                                               particular record or document. The                        2 17   CFR 240.19b–4.                                 5,000 to 19,999 contracts in a given month.



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                                               14420                          Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Notices

                                               Priority Customer rebate in Penny                         enhanced rebates offered to incentivize              competitive with other exchanges. For
                                               Symbols and SPY to $0.48 per contract                     the other side of the trade. As explained            the reasons described above, the
                                               for Tier 3, $0.50 per contract for Tier 4,                above, the Exchange believes that all                Exchange believes that the proposed fee
                                               and $0.52 per contract for Tier 5.                        members will benefit from the                        changes reflect this competitive
                                                 Market Maker,6 Non-ISE Gemini                           additional liquidity created by the                  environment.
                                               Market Maker,7 Firm Proprietary 8/                        higher Priority Customer rebates.
                                                                                                         Furthermore, the proposed taker fee for              C. Self-Regulatory Organization’s
                                               Broker-Dealer,9 and Professional
                                                                                                         non-Priority Customer orders trading                 Statement on Comments on the
                                               Customer 10 (i.e. non-Priority Customer)
                                                                                                         against a Priority Customer is within the            Proposed Rule Change Received From
                                               orders currently pay a taker fee of $0.49
                                                                                                         range of fees charged by other options               Members, Participants, or Others
                                               per contract, subject to a discount to
                                               $0.48 per contract for Market Makers                      exchanges, including the BOX Options                   The Exchange has not solicited, and
                                               that achieve the highest tier. In                         Exchange (‘‘BOX’’), which charges as                 does not intend to solicit, comments on
                                               connection with the increased Priority                    much as $0.59 per contract for non-                  this proposed rule change. The
                                               Customer rebates described above, the                     customer orders in penny pilot symbols               Exchange has not received any
                                               Exchange further proposes to charge                       that trade against a public customer.14              unsolicited written comments from
                                               non-Priority Customer orders a taker fee                    In addition, while the Exchange is                 members or other interested parties.
                                               of $0.50 per contract when trading                        increasing Priority Customer rebates as
                                                                                                         well as corresponding fees for non-                  III. Date of Effectiveness of the
                                               against a Priority Customer order.11                                                                           Proposed Rule Change and Timing for
                                                                                                         Priority Customers trading against
                                               2. Statutory Basis                                        Priority Customer orders, the Exchange               Commission Action
                                                  The Exchange believes that the                         does not believe that these proposed                    The foregoing rule change has become
                                               proposed rule change is consistent with                   changes are unfairly discriminatory. As              effective pursuant to Section
                                               the provisions of Section 6 of the Act,12                 has historically been the case, Priority             19(b)(3)(A)(ii) of the Act,16 and
                                               in general, and Section 6(b)(4) of the                    Customer orders remain entitled to more              subparagraph (f)(2) of Rule 19b–4
                                               Act,13 in particular, in that it is designed              favorable fees and rebates than other                thereunder,17 because it establishes a
                                               to provide for the equitable allocation of                market participants in order to                      due, fee, or other charge imposed by ISE
                                               reasonable dues, fees, and other charges                  encourage this order flow. A Priority                Gemini.
                                               among its members and other persons                       Customer is by definition not a broker                  At any time within 60 days of the
                                               using its facilities.                                     or dealer in securities, and does not                filing of such proposed rule change, the
                                                  The Exchange believes that it is                       place more than 390 orders in listed                 Commission summarily may
                                               reasonable and equitable to increase the                  options per day on average during a                  temporarily suspend such rule change if
                                               rebates offered to Priority Customer                      calendar month for its own beneficial                it appears to the Commission that such
                                               orders in Penny Symbols and SPY, as                       account(s). This limitation does not                 action is necessary or appropriate in the
                                               the proposed change is designed to                        apply to participants whose behavior is              public interest, for the protection of
                                               attract additional Priority Customer                      substantially similar to that of market              investors, or otherwise in furtherance of
                                               volume to the Exchange. The Exchange                      professionals, including Professional                the purposes of the Act. If the
                                               already provides enhanced rebates for                     Customers, who will generally submit a               Commission takes such action, the
                                               Priority Customer orders, and believes                    higher number of orders (many of which               Commission shall institute proceedings
                                               that further increasing the rebates will                  do not result in executions) than                    to determine whether the proposed rule
                                               incentivize members to send additional                    Priority Customers.                                  should be approved or disapproved.
                                               Priority Customer order flow to ISE                                                                            IV. Solicitation of Comments
                                                                                                         B. Self-Regulatory Organization’s
                                               Gemini, creating additional liquidity to
                                                                                                         Statement on Burden on Competition                     Interested persons are invited to
                                               the benefit of all members that trade on
                                               the Exchange. The Exchange further                           In accordance with Section 6(b)(8) of             submit written data, views, and
                                               believes that it is reasonable and                        the Act,15 the Exchange does not believe             arguments concerning the foregoing,
                                               equitable to increase the fee charged to                  that the proposed rule change will                   including whether the proposed rule
                                               non-Priority Customers that trade                         impose any burden on intermarket or                  change is consistent with the Act.
                                               against a Priority Customer order as this                 intramarket competition that is not                  Comments may be submitted by any of
                                               change is designed to offset the                          necessary or appropriate in furtherance              the following methods:
                                                                                                         of the purposes of the Act. The
                                                                                                                                                              Electronic Comments
                                                  6 The term Market Maker refers to ‘‘Competitive        proposed changes to fees and rebates in
                                               Market Makers’’ and ‘‘Primary Market Makers’’             Penny Symbols and SPY are designed to                  • Use the Commission’s Internet
                                               collectively. See Rule 100(a)(25).                        attract additional order flow to the                 comment form (http://www.sec.gov/
                                                  7 A ‘‘Non-ISE Gemini Market Maker’’ is a market
                                                                                                         Exchange. The Exchange believes that                 rules/sro.shtml); or
                                               maker as defined in Section 3(a)(38) of the
                                                                                                         the proposed fees and rebates are                      • Send an email to rule-comments@
                                               Securities Exchange Act of 1934, as amended,
                                               registered in the same options class on another           competitive with fees and rebates                    sec.gov. Please include File Number SR–
                                               options exchange.                                         offered to orders executed on other                  ISEGemini–2015–06 on the subject line.
                                                  8 A ‘‘Firm Proprietary’’ order is an order
                                                                                                         options exchanges. The Exchange                      Paper Comments
                                               submitted by a member for its own proprietary
                                                                                                         operates in a highly competitive market
                                               account.
                                                  9 A ‘‘Broker-Dealer’’ order is an order submitted      in which market participants can                        • Send paper comments in triplicate
                                               by a member for a broker-dealer account that is not       readily direct their order flow to                   to Brent J. Fields, Secretary, Securities
                                                                                                                                                              and Exchange Commission, 100 F Street
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                                               its own proprietary account.                              competing venues. In such an
                                                  10 A ‘‘Professional Customer’’ is a person or entity
                                                                                                         environment, the Exchange must                       NE., Washington, DC 20549–1090.
                                               that is not a broker/dealer and is not a Priority                                                              All submissions should refer to File
                                               Customer.                                                 continually review, and consider
                                                  11 The Exchange notes that there will be no Tier       adjusting, its fees and rebates to remain            Number SR–ISEGemini-2015–06. This
                                               5 Market Maker discount when trading against a                                                                 file number should be included on the
                                               Priority Customer.                                          14 See BOX Fee Schedule, Section 1, Exchange
                                                  12 15 U.S.C. 78f.                                      Fees, A. Non-Auction Transactions.                     16 15   U.S.C. 78s(b)(3)(A)(ii).
                                                  13 15 U.S.C. 78f(b)(4).                                  15 15 U.S.C. 78f(b)(8).                              17 17   CFR 240.19b–4(f)(2).



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                                                                                Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Notices                                                          14421

                                               subject line if email is used. To help the                (‘‘NYSE’’) and NYSE MKT LLC 2                              Commission.8 For this reason and the
                                               Commission process and review your                        (‘‘NYSE MKT’’ and, together with                           reasons stated in the Order originally
                                               comments more efficiently, please use                     NYSE, the ‘‘Exchanges’’) limited                           granting the limited exemptions, the
                                               only one method. The Commission will                      exemptions from the Sub-Penny Rule in                      Commission finds that extending the
                                               post all comments on the Commission’s                     connection with the operation of the                       exemptions, pursuant to its authority
                                               Internet Web site (http://www.sec.gov/                    Exchanges’ respective Retail Liquidity                     under Rule 612(c) of Regulation NMS, is
                                               rules/sro.shtml). Copies of the                           Programs (the ‘‘Programs’’).3 The                          appropriate in the public interest and
                                               submission, all subsequent                                limited exemptions were granted                            consistent with the protection of
                                               amendments, all written statements                        concurrently with the Commission’s                         investors.
                                               with respect to the proposed rule                         approval of the Exchanges’ proposals to                       Therefore, it is hereby ordered that,
                                               change that are filed with the                            adopt their respective Programs for one-                   pursuant to Rule 612(c) of Regulation
                                               Commission, and all written                               year pilot terms.4 The exemptions were                     NMS, each Exchange is granted a
                                               communications relating to the                            granted coterminous with the                               limited exemption from Rule 612 of
                                               proposed rule change between the                          effectiveness of the pilot Programs; both                  Regulation NMS that allows it to accept
                                               Commission and any person, other than                     the pilot Programs and exemptions are                      and rank orders priced equal to or
                                               those that may be withheld from the                       scheduled to expire on March 31, 2015.5                    greater than $1.00 per share in
                                               public in accordance with the                                The Exchanges now seek to extend                        increments of $0.001, in connection
                                               provisions of 5 U.S.C. 552, will be                       the exemptions until September 30,                         with the operation of its Retail Liquidity
                                               available for Web site viewing and                        2015.6 The Exchanges’ request was                          Program, until September 30, 2015.
                                               printing in the Commission’s Public                       made in conjunction with immediately                          The limited and temporary
                                               Reference Room, 100 F Street NE.,                         effective filings that extend the                          exemptions extended by this Order are
                                               Washington, DC 20549 on official                          operation of the Programs through the                      subject to modification or revocation if
                                               business days between the hours of                        same date.7 In their request to extend                     at any time the Commission determines
                                               10:00 a.m. and 3:00 p.m. Copies of such                   the exemptions, the Exchanges note that                    that such action is necessary or
                                               filing also will be available for                         the participation in the Programs has                      appropriate in furtherance of the
                                               inspection and copying at the principal                   increased more recently. Accordingly,                      purposes of the Securities Exchange Act
                                               office of the Exchange. All comments                      the Exchanges have asked for additional                    of 1934. Responsibility for compliance
                                               received will be posted without change;                   time to allow themselves and the                           with any applicable provisions of the
                                               the Commission does not edit personal                     Commission to analyze more robust data                     Federal securities laws must rest with
                                               identifying information from                              concerning the Programs, which the                         the persons relying on the exemptions
                                               submissions. You should submit only                       Exchanges committed to provide to the                      that are the subject of this Order.
                                               information that you wish to make                            2 At the time it filed the original proposal to adopt     For the Commission, by the Division of
                                               available publicly. All submissions                       the Retail Liquidity Program, NYSE MKT went by             Trading and Markets, pursuant to delegated
                                               should refer to File Number SR–                           the name NYSE Amex LLC. On May 14, 2012, the               authority.9
                                               ISEGemini–2015–06, and should be                          Exchange filed a proposed rule change,                     Brent J. Fields,
                                               submitted on or before April 9, 2015.                     immediately effective upon filing, to change its
                                                                                                         name from NYSE Amex LLC to NYSE MKT LLC.                   Secretary.
                                                 For the Commission, by the Division of                  See Securities Exchange Act Release No. 67037              [FR Doc. 2015–06265 Filed 3–18–15; 8:45 am]
                                               Trading and Markets, pursuant to delegated                (May 21, 2012), 77 FR 31415 (May 25, 2012) (SR–
                                                                                                                                                                    BILLING CODE 8011–01–P
                                               authority.18                                              NYSEAmex–2012–32).
                                                                                                            3 See Securities Exchange Act Release No. 67347
                                               Brent J. Fields,                                          (July 3, 2012), 77 FR 40673 (July 10, 2012) (SR–
                                               Secretary.                                                NYSE–2011–55; SR–NYSEAmex–2011–84)                         SECURITIES AND EXCHANGE
                                               [FR Doc. 2015–06263 Filed 3–18–15; 8:45 am]               (‘‘Order’’).                                               COMMISSION
                                                                                                            4 See id.
                                               BILLING CODE 8011–01–P
                                                                                                            5 The pilot term of the Programs was originally         [Release No. 34–74496; File No. SR–MIAX–
                                                                                                         scheduled to end on July 31, 2013, but the                 2015–03]
                                                                                                         Exchanges initially extended the term for an
                                               SECURITIES AND EXCHANGE                                   additional year, through July 31, 2014, see                Self-Regulatory Organizations; Miami
                                               COMMISSION                                                Securities Exchange Act Release Nos. 70096
                                                                                                         (August 2, 2013), 78 FR 48520 (August 8, 2013)             International Securities Exchange LLC;
                                               [Release No. 34–74507; File Nos. SR–NYSE–                 (SR–NYSE–2013–48), and 70100 (August 2, 2013),             Order Granting Approval to Proposed
                                               2011–55; SR–NYSEAmex–2011–84]                             78 FR 48535 (August 8, 2013) (SR–NYSEMKT–                  Rule Change, as Modified by
                                                                                                         2013–60), and then subsequently extended the term          Amendment No. 1 Thereto, To Adopt a
                                                                                                         again through March 31, 2015, see Securities
                                               Self-Regulatory Organizations; New                        Exchange Act Release Nos. 72629 (July 16, 2014),           ‘‘Risk Protection Monitor’’
                                               York Stock Exchange LLC; NYSE MKT                         79 FR 42564 (July 22, 2014) (SR–NYSE–2014–35),             Functionality Under Proposed MIAX
                                               LLC; Order Granting an Extension to                       and 72625 (July 16, 2014), 79 FR 42566 (July 22,           Rule 519A and Amend the ‘‘Aggregate
                                               Limited Exemptions From Rule 612(c)                       2014) (SR–NYSEMKT–2014–60). Each time the                  Risk Monitor’’ Functionality Under
                                                                                                         pilot term of the Programs was extended, the
                                               of Regulation NMS in Connection With                      Commission granted the Exchanges’ requests to also         MIAX Rule 612
                                               the Exchanges’ Retail Liquidity                           extend the Sub-Penny Exemption through July 31,
                                               Programs Until September 30, 2015                         2014, see Securities Exchange Act Release No.              March 13, 2015.
                                                                                                         70085 (July 31, 2013), 78 FR 47807 (August 6,
                                               March 13, 2015.                                           2013), and March 31, 2015, see Securities Exchange
                                                                                                                                                                    I. Introduction
                                                  On July 3, 2012, the Securities and                    Act Release No. 72732 (July 31, 2014), 79 FR 45851            On January 8, 2015, Miami
                                                                                                         (August 6, 2014), respectively.
                                               Exchange Commission (‘‘Commission’’)                                                                                 International Securities Exchange LLC
Rmajette on DSK2VPTVN1PROD with NOTICES




                                                                                                            6 See Letter from Martha Redding, Senior
                                               issued an order pursuant to its authority                 Counsel, NYSE, to Brent J. Fields, Secretary,              (‘‘MIAX’’ or ‘‘Exchange’’) filed with the
                                               under Rule 612(c) of Regulation NMS                       Securities and Exchange Commission, dated                  Securities and Exchange Commission
                                               (‘‘Sub-Penny Rule’’) 1 that granted the                   February 27, 2015.                                         (‘‘Commission’’), pursuant to section
                                                                                                            7 See Securities Exchange Act Release Nos. 34–
                                               New York Stock Exchange LLC                                                                                          19(b)(1) of the Securities Exchange Act
                                                                                                         74454 (March 6, 2015), 80 FR 13054 (March 12,
                                                                                                         2015) (SR–NYSE–2015–10), and 34–74455 (March
                                                 18 17   CFR 200.30–3(a)(12).                                                                                         8 See   Order, supra note 3, 77 FR at 40681.
                                                                                                         6, 2015), 80 FR 13047 (March 12, 2015) (SR–
                                                 1 17   CFR 242.612(c).                                  NYSEMKT–2015–14).                                            9 17   CFR 200.30–3(a)(83).



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Document Created: 2018-02-21 09:42:25
Document Modified: 2018-02-21 09:42:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 14419 

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