80_FR_24383 80 FR 24300 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees

80 FR 24300 - Self-Regulatory Organizations; International Securities Exchange, 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 83 (April 30, 2015)

Page Range24300-24302
FR Document2015-10038

Federal Register, Volume 80 Issue 83 (Thursday, April 30, 2015)
[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)]
[Notices]
[Pages 24300-24302]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10038]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74804; File No. SR-ISE-2015-15]


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

April 24, 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 April 10, 2015, the International Securities Exchange, LLC (the 
``Exchange'' or the ``ISE'') filed with the Securities and Exchange 
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.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The ISE 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 Web site (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 self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of 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 purpose of the proposed rule change is to amend the Schedule of 
Fees as described in more detail below.
1. Market Maker Fees & Tier Discounts
    The Exchange charges a taker fee for regular orders in Select 
Symbols \3\ that is $0.42 per contract for Market Maker \4\ orders, 
including Market Maker Plus \5\ orders, $0.45 per contract for Non-ISE 
Market Maker,\6\ Firm Proprietary \7\/Broker-Dealer,\8\ and 
Professional Customer \9\ orders, and $0.30 per contract for Priority 
Customer \10\ orders. The Exchange now proposes to increase this taker 
fee to $0.44 per contract for Market Maker orders, including Market 
Maker Plus orders.
---------------------------------------------------------------------------

    \3\ ``Select Symbols'' are options overlying all symbols listed 
on the ISE that are in the Penny Pilot Program.
    \4\ The term ``Market Makers'' refers to ``Competitive Market 
Makers'' and ``Primary Market Makers'' collectively. See ISE Rule 
100(a)(25).
    \5\ A Market Maker Plus is a Market Maker who is on the National 
Best Bid or National Best Offer at least 80% of the time for series 
trading between $0.03 and $3.00 (for options whose underlying 
stock's previous trading day's last sale price was less than or 
equal to $100) and between $0.10 and $3.00 (for options whose 
underlying stock's previous trading day's last sale price was 
greater than $100) in premium in each of the front two expiration 
months. A Market Maker's single best and single worst quoting days 
each month based on the front two expiration months, on a per symbol 
basis, will be excluded in calculating whether a Market Maker 
qualifies for this rebate, if doing so will qualify a Market Maker 
for the rebate.
    \6\ A ``Non-ISE 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.
    \7\ A ``Firm Proprietary'' order is an order submitted by a 
member for its own proprietary account.
    \8\ A ``Broker-Dealer'' order is an order submitted by a member 
for a broker-dealer account that is not its own proprietary account.
    \9\ A ``Professional Customer'' is a person or entity that is 
not a broker/dealer and is not a Priority Customer.
    \10\ 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 ISE Rule 100(a)(37A).
---------------------------------------------------------------------------

    The Exchange also charges Market Makers a maker/taker fee and a fee 
for Crossing Orders \11\ that is $0.22 per contract for regular orders 
in Non-Select Symbols \12\ as well as regular and complex orders in 
Foreign Currency (``FX'') Option Symbols.\13\ In addition, Market 
Makers that execute a monthly volume of 250,000 contracts or more are 
entitled to a discounted rate of $0.15 per contract (together, ``Market 
Maker Discount Tiers''). The Exchange now proposes to increase these 
fees. In particular, applicable Market Maker orders will now be charged 
a fee of $0.25 per contract, subject to a discounted rate of $0.20 per 
contract for Market Makers that meet the volume threshold described 
above.
---------------------------------------------------------------------------

    \11\ The fee for Crossing Orders applies to Crossing Orders 
other than PIM orders of 100 or fewer contracts, which are billed 
separately.
    \12\ ``Non-Select Symbols'' are options overlying all symbols 
excluding Select Symbols.
    \13\ Fees in FX options do not apply to Early Adopter Market 
Makers. Market Maker orders sent by an Electronic Access Member 
(``EAM'') are charged separately.
---------------------------------------------------------------------------

2. Fees for Firm Proprietary/Broker-Dealer, Non-ISE Market Maker, & 
Professional Customer Orders
    The Exchange also charges a maker/taker fee for regular orders in 
Non-Select Symbols as well as regular and complex orders in FX Option 
Symbols that is $0.30 per contract for Firm Proprietary/Broker-Dealer, 
and Professional Customer orders, and $0.45 per contract for Non-ISE 
Market Maker orders. The Exchange now proposes to increase fees for 
each of these market participants to $0.50 per contract.
3. Complex Order Maker Fees
    The Exchange charges a maker fee for complex orders in Non-Select 
Symbols that is $0.10 per contract for Market Maker, Firm Proprietary/
Broker-Dealer, and Professional Customer orders, and $0.20 per contract 
for Non-ISE Market Maker orders, in each case when trading against 
other non-Priority Customer orders. The Exchange now proposes to 
increase this maker fee to $0.20 per contract for Market Maker, Firm 
Proprietary/Broker-Dealer, and Professional Customer orders, in line 
with the current fees charged for Non-ISE Market Maker orders.

[[Page 24301]]

    The Exchange also charges a uniform maker fee of $0.43 per contract 
for non-Priority Customer orders that trade against Priority Customer 
orders in Complex Quoting Symbols,\14\ i.e., symbols in which Market 
Makers can enter quotes in the complex order book. In addition, Market 
Makers receive a discount of $0.02 per contract in Complex Quoting 
Symbols when trading against Priority Customer orders preferenced to 
them in the complex order book. The Exchange now proposes to eliminate 
these special fees applicable to Complex Quoting Symbols. As such, Non-
Priority Customer orders in Complex Quoting Symbols will now be charged 
applicable maker fee for Select Symbols when trading against Priority 
Customer orders. This fee is $0.44 per contract for Non-ISE Market 
Maker, Firm Proprietary/Broker-Dealer and Professional Customer orders, 
and $0.43 per contract (subject to a preference discount) for Market 
Maker orders.
---------------------------------------------------------------------------

    \14\ The Complex Quoting Symbols are AA, ABX, EFA, GLD, MSFT, 
MU, NVDA, VXX, VZ, WFC, XLB and XOP.
---------------------------------------------------------------------------

4. Fee for Responses to Crossing Orders
    The Exchange charges all market participants a fee for responses to 
Crossing Orders that is $0.45 per contract for regular and complex 
orders in Select Symbols and FX Option Symbols,\15\ as well as regular 
orders in Non-Select Symbols. The Exchange now proposes to increase 
this response fee to $0.47 per contract. The Exchange is not proposing 
any changes to the response fees for complex orders in Non-Select 
Symbols, which will continue to be charged at a rate of $0.90 per 
contract for Market Maker orders, and $0.95 per contract for all other 
market participants.
---------------------------------------------------------------------------

    \15\ The Exchange notes that Early Adopter Market Makers in FX 
option classes are not charged a fee for responses to Crossing 
Orders. The Exchange is not proposing any changes to response fees 
for Early Adopter Market Makers.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6 of the Act,\16\ in general, and 
Section 6(b)(4) of the Act,\17\ 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.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f.
    \17\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

1. Market Maker Fees & Tier Discounts
    The Exchange believes that it is reasonable and equitable to 
increase Market Maker fees (including applicable Market Maker Discount 
Tiers) as the proposed fees are designed to continue to be attractive 
to Market Makers that trade on ISE, and are within the range of fees 
charged by other options exchanges. Furthermore, the Exchange notes 
that while it is increasing Market Maker fees, Market Makers will 
continue to be charged fees that are generally lower than the fees 
applicable to other market participants, except for Priority Customers. 
The Exchange does not believe that it is unfairly discriminatory to 
provide lower fees to Market Maker orders as Market Makers are subject 
to additional requirements and obligations (such as quoting 
requirements) that other market participants are not.
2. Fees for Firm Proprietary/Broker-Dealer, Non-ISE Market Maker, & 
Professional Customer Orders
    The Exchange believes that it is reasonable and equitable to 
increase the fees charged to Firm Proprietary/Broker-Dealer, Non-ISE 
Market Maker, and Professional Customer orders as the proposed fees are 
designed to be attractive to market participants that choose to bring 
order flow to the ISE, and remain well within the range of fees charged 
by some of the Exchange's competitors. Furthermore, the Exchange does 
not believe that the proposed fees are unfairly discriminatory as the 
fees would apply to equally to Non-ISE Market Maker, Firm Proprietary/
Broker-Dealer, and Professional Customer orders. In connection with 
this proposed change, the Exchange notes that fees charged to Market 
Maker orders are also increasing (see above) but will remain lower than 
the fees described here for Firm Proprietary/Broker-Dealer, Non-ISE 
Market Maker, and Professional Customer orders. The Exchange does not 
believe that this is unfairly discriminatory for the reasons already 
discussed.
3. Complex Order Maker Fees
    The Exchange believes that the proposed change to increase complex 
order maker fees is reasonable and equitable as the proposed fees are 
set at levels that the Exchange believes will continue be attractive to 
market participants that provide liquidity in complex orders, and are 
within the range of fees charged by other options exchanges. Moreover, 
with the proposed change, Market Maker, Firm Proprietary/Broker-Dealer, 
and Professional Customer complex orders in Non-Select Symbols will now 
be charged the same maker fee as is currently applicable to Non-ISE 
Market Maker complex orders. As the proposed fees will be applied 
equally to all market participants that trade complex orders in these 
symbols, the Exchange further believes that this proposed change is not 
unfairly discriminatory. In addition, the Exchange believes that it is 
reasonable, equitable, and not unfairly discriminatory to eliminate 
special fees for Complex Quoting Symbols, as the Exchange believes that 
these fee discounts are no longer needed to attract liquidity in these 
symbols. Furthermore, the Exchange believes that it is not unfairly 
discriminatory to eliminate this distinction for Complex Quoting 
Symbols, as members will now be charged the standard maker fee for all 
complex orders in Select Symbols, including the Complex Quoting 
Symbols.
4. Fee for Responses to Crossing Orders
    The Exchange believes that the proposed fees for responses to 
Crossing Orders, which are being increased slightly, are appropriate to 
attract price improvement for Crossing Orders submitted to ISE, and 
therefore qualify as reasonable and equitable. In this regard, the 
Exchange notes that other options exchanges charge various fees for 
responses to Crossing Orders, and the fees proposed here are within the 
range of fees charged by these competitor markets. Additionally, the 
Exchange believes that the proposed response fees are not unfairly 
discriminatory as the Exchange will continue to charge a uniform 
response fee that is applicable to all market participants that respond 
to Crossing Orders in affected symbols. As is the case today, responses 
to Crossing Orders will be charged a higher fee than contra-side orders 
submitted as part of a crossing transaction. The Exchange continues to 
believe that this is reasonable, equitable, and not unfairly 
discriminatory as contra-side orders guarantee the agency order, and 
are subject to market risk during the time period that the agency order 
is exposed to other market participants for potential price 
improvement. Finally, the Exchange notes that it will continue to 
charge a higher fee for responses to complex Crossing Orders in Non-
Select symbols, which reflects the higher fees and rebates generally 
applicable to complex orders in these symbols.

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

    In accordance with Section 6(b)(8) of the Act,\18\ the Exchange 
does not believe that the proposed rule change will impose any burden 
on intermarket or

[[Page 24302]]

intramarket competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. 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.
---------------------------------------------------------------------------

    \18\ 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 \19\ and subparagraph (f)(2) of Rule 19b-4 
thereunder,\20\ because it establishes a due, fee, or other charge 
imposed by ISE.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \20\ 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 proposal is 
consistent with the Act. Comments may be submitted by any of the 
following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File No. SR-ISE-2015-15 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-ISE-2015-15. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule changes 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 ISE. 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 No. SR-ISE-2015-15 and should be 
submitted on or before May 21, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-10038 Filed 4-29-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  24300                          Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices

                                                  printing in the Commission’s Public                      the Exchange, and at the Commission’s                    contract for Priority Customer 10 orders.
                                                  Reference Room, 100 F Street NE.,                        Public Reference Room.                                   The Exchange now proposes to increase
                                                  Washington, DC 20549, on official                                                                                 this taker fee to $0.44 per contract for
                                                                                                           II. Self-Regulatory Organization’s
                                                  business days between the hours of                                                                                Market Maker orders, including Market
                                                                                                           Statement of the Purpose of, and
                                                  10:00 a.m. and 3:00 p.m. Copies of the                                                                            Maker Plus orders.
                                                                                                           Statutory Basis for, the Proposed Rule                      The Exchange also charges Market
                                                  filing also will be available for
                                                                                                           Change                                                   Makers a maker/taker fee and a fee for
                                                  inspection and copying at the principal
                                                  office of the Exchange. All comments                       In its filing with the Commission, the                 Crossing Orders 11 that is $0.22 per
                                                  received will be posted without change;                  self-regulatory organization included                    contract for regular orders in Non-Select
                                                  the Commission does not edit personal                    statements concerning the purpose of,                    Symbols 12 as well as regular and
                                                  identifying information from                             and basis for, the proposed rule change                  complex orders in Foreign Currency
                                                  submissions. You should submit only                      and discussed any comments it received                   (‘‘FX’’) Option Symbols.13 In addition,
                                                  information that you wish to make                        on the proposed rule change. The text                    Market Makers that execute a monthly
                                                  available publicly. All submissions                      of these statements may be examined at                   volume of 250,000 contracts or more are
                                                  should refer to File Number SR–MIAX–                     the places specified in Item IV below.                   entitled to a discounted rate of $0.15 per
                                                  2015–19 and should be submitted on or                    The self-regulatory organization has                     contract (together, ‘‘Market Maker
                                                  before May 21, 2015.                                     prepared summaries, set forth in                         Discount Tiers’’). The Exchange now
                                                                                                           sections A, B and C below, of the most                   proposes to increase these fees. In
                                                    For the Commission, by the Division of
                                                  Trading and Markets, pursuant to delegated               significant aspects of such statements.                  particular, applicable Market Maker
                                                  authority.15                                                                                                      orders will now be charged a fee of
                                                                                                           A. Self-Regulatory Organization’s                        $0.25 per contract, subject to a
                                                  Brent J. Fields,
                                                                                                           Statement of the Purpose of, and                         discounted rate of $0.20 per contract for
                                                  Secretary.                                               Statutory Basis for, the Proposed Rule                   Market Makers that meet the volume
                                                  [FR Doc. 2015–10040 Filed 4–29–15; 8:45 am]              Change                                                   threshold described above.
                                                  BILLING CODE 8011–01–P
                                                                                                           1. Purpose                                               2. Fees for Firm Proprietary/Broker-
                                                                                                                                                                    Dealer, Non-ISE Market Maker, &
                                                  SECURITIES AND EXCHANGE                                    The purpose of the proposed rule                       Professional Customer Orders
                                                  COMMISSION                                               change is to amend the Schedule of Fees
                                                                                                           as described in more detail below.                          The Exchange also charges a maker/
                                                                                                                                                                    taker fee for regular orders in Non-Select
                                                  [Release No. 34–74804; File No. SR–ISE–                  1. Market Maker Fees & Tier Discounts
                                                  2015–15]
                                                                                                                                                                    Symbols as well as regular and complex
                                                                                                                                                                    orders in FX Option Symbols that is
                                                                                                             The Exchange charges a taker fee for                   $0.30 per contract for Firm Proprietary/
                                                  Self-Regulatory Organizations;                           regular orders in Select Symbols 3 that is
                                                  International Securities Exchange,                                                                                Broker-Dealer, and Professional
                                                                                                           $0.42 per contract for Market Maker 4                    Customer orders, and $0.45 per contract
                                                  LLC; Notice of Filing and Immediate                      orders, including Market Maker Plus 5
                                                  Effectiveness of Proposed Rule                                                                                    for Non-ISE Market Maker orders. The
                                                                                                           orders, $0.45 per contract for Non-ISE                   Exchange now proposes to increase fees
                                                  Change To Amend the Schedule of                          Market Maker,6 Firm Proprietary 7/
                                                  Fees                                                                                                              for each of these market participants to
                                                                                                           Broker-Dealer,8 and Professional                         $0.50 per contract.
                                                  April 24, 2015.                                          Customer 9 orders, and $0.30 per
                                                                                                                                                                    3. Complex Order Maker Fees
                                                     Pursuant to Section 19(b)(1) of the
                                                  Securities Exchange Act of 1934 (the                       3 ‘‘Select Symbols’’ are options overlying all            The Exchange charges a maker fee for
                                                                                                           symbols listed on the ISE that are in the Penny Pilot    complex orders in Non-Select Symbols
                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                   Program.
                                                  notice is hereby given that on April 10,                    4 The term ‘‘Market Makers’’ refers to
                                                                                                                                                                    that is $0.10 per contract for Market
                                                  2015, the International Securities                       ‘‘Competitive Market Makers’’ and ‘‘Primary Market       Maker, Firm Proprietary/Broker-Dealer,
                                                  Exchange, LLC (the ‘‘Exchange’’ or the                   Makers’’ collectively. See ISE Rule 100(a)(25).          and Professional Customer orders, and
                                                  ‘‘ISE’’) filed with the Securities and                      5 A Market Maker Plus is a Market Maker who is        $0.20 per contract for Non-ISE Market
                                                  Exchange Commission the proposed                         on the National Best Bid or National Best Offer at       Maker orders, in each case when trading
                                                                                                           least 80% of the time for series trading between         against other non-Priority Customer
                                                  rule change, as described in Items I, II,                $0.03 and $3.00 (for options whose underlying
                                                  and III below, which items have been                     stock’s previous trading day’s last sale price was       orders. The Exchange now proposes to
                                                  prepared by the self-regulatory                          less than or equal to $100) and between $0.10 and        increase this maker fee to $0.20 per
                                                  organization. The Commission is                          $3.00 (for options whose underlying stock’s              contract for Market Maker, Firm
                                                                                                           previous trading day’s last sale price was greater       Proprietary/Broker-Dealer, and
                                                  publishing this notice to solicit                        than $100) in premium in each of the front two
                                                  comments on the proposed rule change                     expiration months. A Market Maker’s single best          Professional Customer orders, in line
                                                  from interested persons.                                 and single worst quoting days each month based on        with the current fees charged for Non-
                                                                                                           the front two expiration months, on a per symbol         ISE Market Maker orders.
                                                  I. Self-Regulatory Organization’s                        basis, will be excluded in calculating whether a
                                                  Statement of the Terms of Substance of                   Market Maker qualifies for this rebate, if doing so         10 A ‘‘Priority Customer’’ is a person or entity that
                                                                                                           will qualify a Market Maker for the rebate.
                                                  the Proposed Rule Change                                    6 A ‘‘Non-ISE Market Maker’’ is a market maker
                                                                                                                                                                    is not a broker/dealer in securities, and does not
                                                                                                                                                                    place more than 390 orders in listed options per day
                                                    The ISE proposes to amend the                          as defined in Section 3(a)(38) of the Securities         on average during a calendar month for its own
                                                                                                           Exchange Act of 1934, as amended, registered in the      beneficial account(s), as defined in ISE Rule
                                                  Schedule of Fees as described in more                    same options class on another options exchange.          100(a)(37A).
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  detail below. The text of the proposed                      7 A ‘‘Firm Proprietary’’ order is an order               11 The fee for Crossing Orders applies to Crossing
                                                  rule change is available on the                          submitted by a member for its own proprietary            Orders other than PIM orders of 100 or fewer
                                                  Exchange’s Web site (http://                             account.                                                 contracts, which are billed separately.
                                                                                                              8 A ‘‘Broker-Dealer’’ order is an order submitted
                                                  www.ise.com), at the principal office of                                                                             12 ‘‘Non-Select Symbols’’ are options overlying all
                                                                                                           by a member for a broker-dealer account that is not      symbols excluding Select Symbols.
                                                                                                           its own proprietary account.                                13 Fees in FX options do not apply to Early
                                                    15 17 CFR 200.30–3(a)(12).                                9 A ‘‘Professional Customer’’ is a person or entity   Adopter Market Makers. Market Maker orders sent
                                                    1 15 U.S.C. 78s(b)(1).                                 that is not a broker/dealer and is not a Priority        by an Electronic Access Member (‘‘EAM’’) are
                                                    2 17 CFR 240.19b–4.                                    Customer.                                                charged separately.



                                             VerDate Sep<11>2014    17:01 Apr 29, 2015   Jkt 235001   PO 00000   Frm 00071   Fmt 4703   Sfmt 4703   E:\FR\FM\30APN1.SGM     30APN1


                                                                                Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices                                           24301

                                                     The Exchange also charges a uniform                  Market Maker Discount Tiers) as the                   fees will be applied equally to all
                                                  maker fee of $0.43 per contract for non-                proposed fees are designed to continue                market participants that trade complex
                                                  Priority Customer orders that trade                     to be attractive to Market Makers that                orders in these symbols, the Exchange
                                                  against Priority Customer orders in                     trade on ISE, and are within the range                further believes that this proposed
                                                  Complex Quoting Symbols,14 i.e.,                        of fees charged by other options                      change is not unfairly discriminatory. In
                                                  symbols in which Market Makers can                      exchanges. Furthermore, the Exchange                  addition, the Exchange believes that it is
                                                  enter quotes in the complex order book.                 notes that while it is increasing Market              reasonable, equitable, and not unfairly
                                                  In addition, Market Makers receive a                    Maker fees, Market Makers will                        discriminatory to eliminate special fees
                                                  discount of $0.02 per contract in                       continue to be charged fees that are                  for Complex Quoting Symbols, as the
                                                  Complex Quoting Symbols when                            generally lower than the fees applicable              Exchange believes that these fee
                                                  trading against Priority Customer orders                to other market participants, except for              discounts are no longer needed to attract
                                                  preferenced to them in the complex                      Priority Customers. The Exchange does                 liquidity in these symbols. Furthermore,
                                                  order book. The Exchange now proposes                   not believe that it is unfairly                       the Exchange believes that it is not
                                                  to eliminate these special fees                         discriminatory to provide lower fees to               unfairly discriminatory to eliminate this
                                                  applicable to Complex Quoting                           Market Maker orders as Market Makers                  distinction for Complex Quoting
                                                  Symbols. As such, Non-Priority                          are subject to additional requirements                Symbols, as members will now be
                                                  Customer orders in Complex Quoting                      and obligations (such as quoting                      charged the standard maker fee for all
                                                  Symbols will now be charged applicable                  requirements) that other market                       complex orders in Select Symbols,
                                                  maker fee for Select Symbols when                       participants are not.                                 including the Complex Quoting
                                                  trading against Priority Customer orders.                                                                     Symbols.
                                                                                                          2. Fees for Firm Proprietary/Broker-
                                                  This fee is $0.44 per contract for Non-
                                                                                                          Dealer, Non-ISE Market Maker, &                       4. Fee for Responses to Crossing Orders
                                                  ISE Market Maker, Firm Proprietary/
                                                                                                          Professional Customer Orders                             The Exchange believes that the
                                                  Broker-Dealer and Professional
                                                  Customer orders, and $0.43 per contract                    The Exchange believes that it is                   proposed fees for responses to Crossing
                                                  (subject to a preference discount) for                  reasonable and equitable to increase the              Orders, which are being increased
                                                  Market Maker orders.                                    fees charged to Firm Proprietary/Broker-              slightly, are appropriate to attract price
                                                                                                          Dealer, Non-ISE Market Maker, and                     improvement for Crossing Orders
                                                  4. Fee for Responses to Crossing Orders                 Professional Customer orders as the                   submitted to ISE, and therefore qualify
                                                     The Exchange charges all market                      proposed fees are designed to be                      as reasonable and equitable. In this
                                                  participants a fee for responses to                     attractive to market participants that                regard, the Exchange notes that other
                                                  Crossing Orders that is $0.45 per                       choose to bring order flow to the ISE,                options exchanges charge various fees
                                                  contract for regular and complex orders                 and remain well within the range of fees              for responses to Crossing Orders, and
                                                  in Select Symbols and FX Option                         charged by some of the Exchange’s                     the fees proposed here are within the
                                                  Symbols,15 as well as regular orders in                 competitors. Furthermore, the Exchange                range of fees charged by these
                                                  Non-Select Symbols. The Exchange now                    does not believe that the proposed fees               competitor markets. Additionally, the
                                                  proposes to increase this response fee to               are unfairly discriminatory as the fees               Exchange believes that the proposed
                                                  $0.47 per contract. The Exchange is not                 would apply to equally to Non-ISE                     response fees are not unfairly
                                                  proposing any changes to the response                   Market Maker, Firm Proprietary/Broker-                discriminatory as the Exchange will
                                                  fees for complex orders in Non-Select                   Dealer, and Professional Customer                     continue to charge a uniform response
                                                  Symbols, which will continue to be                      orders. In connection with this                       fee that is applicable to all market
                                                  charged at a rate of $0.90 per contract                 proposed change, the Exchange notes                   participants that respond to Crossing
                                                  for Market Maker orders, and $0.95 per                  that fees charged to Market Maker                     Orders in affected symbols. As is the
                                                  contract for all other market                           orders are also increasing (see above)                case today, responses to Crossing Orders
                                                  participants.                                           but will remain lower than the fees                   will be charged a higher fee than contra-
                                                                                                          described here for Firm Proprietary/                  side orders submitted as part of a
                                                  2. Statutory Basis
                                                                                                          Broker-Dealer, Non-ISE Market Maker,                  crossing transaction. The Exchange
                                                     The Exchange believes that the                       and Professional Customer orders. The                 continues to believe that this is
                                                  proposed rule change is consistent with                 Exchange does not believe that this is                reasonable, equitable, and not unfairly
                                                  the provisions of Section 6 of the Act,16               unfairly discriminatory for the reasons               discriminatory as contra-side orders
                                                  in general, and Section 6(b)(4) of the                  already discussed.                                    guarantee the agency order, and are
                                                  Act,17 in particular, in that it is designed                                                                  subject to market risk during the time
                                                  to provide for the equitable allocation of              3. Complex Order Maker Fees
                                                                                                                                                                period that the agency order is exposed
                                                  reasonable dues, fees, and other charges                   The Exchange believes that the                     to other market participants for
                                                  among its members and other persons                     proposed change to increase complex                   potential price improvement. Finally,
                                                  using its facilities.                                   order maker fees is reasonable and                    the Exchange notes that it will continue
                                                  1. Market Maker Fees & Tier Discounts                   equitable as the proposed fees are set at             to charge a higher fee for responses to
                                                                                                          levels that the Exchange believes will                complex Crossing Orders in Non-Select
                                                     The Exchange believes that it is                     continue be attractive to market                      symbols, which reflects the higher fees
                                                  reasonable and equitable to increase                    participants that provide liquidity in                and rebates generally applicable to
                                                  Market Maker fees (including applicable                 complex orders, and are within the                    complex orders in these symbols.
                                                                                                          range of fees charged by other options
                                                    14 The Complex Quoting Symbols are AA, ABX,
                                                                                                                                                                B. Self-Regulatory Organization’s
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  EFA, GLD, MSFT, MU, NVDA, VXX, VZ, WFC, XLB
                                                                                                          exchanges. Moreover, with the proposed
                                                                                                          change, Market Maker, Firm                            Statement on Burden on Competition
                                                  and XOP.
                                                    15 The Exchange notes that Early Adopter Market       Proprietary/Broker-Dealer, and                          In accordance with Section 6(b)(8) of
                                                  Makers in FX option classes are not charged a fee       Professional Customer complex orders                  the Act,18 the Exchange does not believe
                                                  for responses to Crossing Orders. The Exchange is
                                                  not proposing any changes to response fees for
                                                                                                          in Non-Select Symbols will now be                     that the proposed rule change will
                                                  Early Adopter Market Makers.                            charged the same maker fee as is                      impose any burden on intermarket or
                                                    16 15 U.S.C. 78f.                                     currently applicable to Non-ISE Market
                                                    17 15 U.S.C. 78f(b)(4).                               Maker complex orders. As the proposed                   18 15   U.S.C. 78f(b)(8).



                                             VerDate Sep<11>2014   17:01 Apr 29, 2015   Jkt 235001   PO 00000   Frm 00072   Fmt 4703   Sfmt 4703   E:\FR\FM\30APN1.SGM    30APN1


                                                  24302                              Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices

                                                  intramarket competition that is not                      Electronic Comments                                   SECURITIES AND EXCHANGE
                                                  necessary or appropriate in furtherance                                                                        COMMISSION
                                                  of the purposes of the Act. The                            • Use the Commission’s Internet
                                                                                                           comment form (http://www.sec.gov/                     [Release No. 34–74807; File No. SR–FINRA–
                                                  Exchange believes that the proposed                                                                            2015–008]
                                                  fees and rebates are competitive with                    rules/sro.shtml); or
                                                  fees and rebates offered to orders                         • Send an email to rule-comments@                   Self-Regulatory Organizations;
                                                  executed on other options exchanges.                     sec.gov. Please include File No. SR–ISE–              Financial Industry Regulatory
                                                  The Exchange operates in a highly                        2015–15 on the subject line.                          Authority, Inc.; Notice of Filing and
                                                  competitive market in which market                                                                             Immediate Effectiveness of a Proposed
                                                  participants can readily direct their                    Paper Comments
                                                                                                                                                                 Rule Change To Delay the
                                                  order flow to competing venues. In such                    • Send paper comments in triplicate                 Implementation Date of Trade
                                                  an environment, the Exchange must                        to Secretary, Securities and Exchange                 Reporting Amendments Approved
                                                  continually review, and consider                         Commission, 100 F Street NE.,                         Pursuant to SR–FINRA–2013–050
                                                  adjusting, its fees and rebates to remain                Washington, DC 20549.                                 April 24, 2015.
                                                  competitive with other exchanges. For
                                                  the reasons described above, the                         All submissions should refer to File No.                 Pursuant to section 19(b)(1) of the
                                                                                                           SR–ISE–2015–15. This file number                      Securities Exchange Act of 1934
                                                  Exchange believes that the proposed fee
                                                                                                           should be included on the subject line                (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                                  changes reflect this competitive
                                                                                                           if email is used. To help the                         notice is hereby given that on April 21,
                                                  environment.
                                                                                                           Commission process and review your                    2015, Financial Industry Regulatory
                                                  C. Self-Regulatory Organization’s                                                                              Authority, Inc. (‘‘FINRA’’) filed with the
                                                                                                           comments more efficiently, please use
                                                  Statement on Comments on the                                                                                   Securities and Exchange Commission
                                                                                                           only one method. The Commission will
                                                  Proposed Rule Change Received From                                                                             (‘‘SEC’’ or ‘‘Commission’’) the proposed
                                                                                                           post all comments on the Commission’s                 rule change as described in Items I and
                                                  Members, Participants, or Others
                                                                                                           Internet Web site (http://www.sec.gov/                II below, which Items have been
                                                    The Exchange has not solicited, and                    rules/sro.shtml). Copies of the                       prepared by FINRA. FINRA has
                                                  does not intend to solicit, comments on                  submission, all subsequent                            designated the proposed rule change as
                                                  this proposed rule change. The                           amendments, all written statements                    constituting a ‘‘non-controversial’’ rule
                                                  Exchange has not received any                            with respect to the proposed rule                     change under paragraph (f)(6) of Rule
                                                  unsolicited written comments from                        change that are filed with the                        19b–4 under the Act,3 which renders
                                                  members or other interested parties.                     Commission, and all written                           the proposal effective upon receipt of
                                                                                                           communications relating to the                        this filing by the Commission. The
                                                  III. Date of Effectiveness of the                        proposed rule changes between the                     Commission is publishing this notice to
                                                  Proposed Rule Change and Timing for                      Commission and any person, other than                 solicit comments on the proposed rule
                                                  Commission Action                                        those that may be withheld from the                   change from interested persons.
                                                     The foregoing rule change has become                  public in accordance with the
                                                                                                                                                                 I. Self-Regulatory Organization’s
                                                  effective pursuant to Section                            provisions of 5 U.S.C. 552, will be                   Statement of the Terms of the Substance
                                                  19(b)(3)(A)(ii) of the Act 19 and                        available for Web site viewing and                    of the Proposed Rule Change
                                                  subparagraph (f)(2) of Rule 19b–4                        printing in the Commission’s Public
                                                                                                           Reference Room, 100 F Street NE.,                        FINRA is proposing to delay the
                                                  thereunder,20 because it establishes a
                                                                                                           Washington, DC 20549 on official                      implementation date of amendments to
                                                  due, fee, or other charge imposed by                                                                           the trade reporting rules relating to the
                                                  ISE.                                                     business days between the hours of
                                                                                                                                                                 Alternative Display Facility (‘‘ADF’’)
                                                     At any time within 60 days of the                     10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                                                                                 and the Trade Reporting Facilities
                                                  filing of such proposed rule change, the                 filing also will be available for
                                                                                                                                                                 (‘‘TRFs’’) approved pursuant to SR–
                                                  Commission summarily may                                 inspection and copying at the principal               FINRA–2013–050. The proposed rule
                                                  temporarily suspend such rule change if                  office of the ISE. All comments received              change would not make any changes to
                                                  it appears to the Commission that such                   will be posted without change; the                    FINRA rules.
                                                  action is necessary or appropriate in the                Commission does not edit personal                        The text of the proposed rule change
                                                  public interest, for the protection of                   identifying information from                          is available on FINRA’s Web site at
                                                  investors, or otherwise in furtherance of                submissions. You should submit only                   http://www.finra.org, at the principal
                                                  the purposes of the Act. If the                          information that you wish to make                     office of FINRA and at the
                                                  Commission takes such action, the                        available publicly. All submissions                   Commission’s Public Reference Room.
                                                  Commission shall institute proceedings                   should refer to File No. SR–ISE–2015–
                                                                                                                                                                 II. Self-Regulatory Organization’s
                                                  to determine whether the proposed rule                   15 and should be submitted on or before
                                                                                                                                                                 Statement of the Purpose of, and
                                                  should be approved or disapproved.                       May 21, 2015.                                         Statutory Basis for, the Proposed Rule
                                                  IV. Solicitation of Comments                               For the Commission, by the Division of              Change
                                                                                                           Trading and Markets, pursuant to delegated
                                                                                                                                                                    In its filing with the Commission,
                                                    Interested persons are invited to                      authority.21
                                                                                                                                                                 FINRA included statements concerning
                                                  submit written data, views and                           Brent J. Fields,                                      the purpose of and basis for the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  arguments concerning the foregoing,                      Secretary.                                            proposed rule change and discussed any
                                                  including whether the proposal is                        [FR Doc. 2015–10038 Filed 4–29–15; 8:45 am]           comments it received on the proposed
                                                  consistent with the Act. Comments may                                                                          rule change. The text of these statements
                                                                                                           BILLING CODE 8011–01–P
                                                  be submitted by any of the following                                                                           may be examined at the places specified
                                                  methods:
                                                                                                                                                                   1 15 U.S.C. 78s(b)(1).
                                                    19 15 U.S.C. 78s(b)(3)(A)(ii).                                                                                 2 17 CFR 240.19b–4.
                                                    20 17 CFR 240.19b–4(f)(2).                               21 17   CFR 200.30–3(a)(12).                          3 17 CFR 240.19b–4(f)(6).




                                             VerDate Sep<11>2014    17:01 Apr 29, 2015   Jkt 235001   PO 00000   Frm 00073   Fmt 4703   Sfmt 4703   E:\FR\FM\30APN1.SGM   30APN1



Document Created: 2018-02-21 10:15:08
Document Modified: 2018-02-21 10:15:08
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 24300 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR