80_FR_29203 80 FR 29106 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees To Introduce a New “Retail” Designation for Priority Customer Orders

80 FR 29106 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees To Introduce a New “Retail” Designation for Priority Customer Orders

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 97 (May 20, 2015)

Page Range29106-29108
FR Document2015-12149

Federal Register, Volume 80 Issue 97 (Wednesday, May 20, 2015)
[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)]
[Notices]
[Pages 29106-29108]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12149]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74970; File No. SR-ISE-2015-14]


Self-Regulatory Organizations; International Securities Exchange, 
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule 
Change To Amend the Schedule of Fees To Introduce a New ``Retail'' 
Designation for Priority Customer Orders

May 14, 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 29, 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.
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    \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 Substance 
of the Proposed Rule Change

    The ISE proposes to amend the Schedule of Fees to introduce a new 
``Retail'' designation for Priority Customer orders. 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 Exchange proposes to amend the Schedule of Fees to introduce a 
new ``Retail'' designation for Priority Customer orders. 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). This market participant 
type is one of six currently recognized for purposes of determining 
applicable fees and rebates, along with: Market Maker,\3\ Non-ISE 
Market Maker,\4\ Firm Proprietary,\5\ Broker-Dealer,\6\ and 
Professional Customer.\7\ The Priority Customer designation was adopted 
by the Exchange to provide competitive pricing and market structure 
advantages to retail investors, and to level the playing field between 
retail investors and market professionals. As such, Priority Customer 
orders executed on the Exchange are generally afforded more favorable 
fees and rebates than other market participants, including Professional 
Customers. The Exchange now believes that it is appropriate to 
introduce a further distinction between

[[Page 29107]]

market participants that fall within the definition of Priority 
Customer.
---------------------------------------------------------------------------

    \3\ The term ``Market Makers'' refers to ``Competitive Market 
Makers'' and ``Primary Market Makers'' collectively. See Rule 
100(a)(25).
    \4\ 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. 
See Schedule of Fees, Preface.
    \5\ A ``Firm Proprietary'' order is an order submitted by a 
member for its own proprietary account. See Schedule of Fees, 
Preface.
    \6\ A ``Broker-Dealer'' order is an order submitted by a member 
for a broker-dealer account that is not its own proprietary account. 
See Schedule of Fees, Preface.
    \7\ A ``Professional Customer'' is a person or entity that is 
not a broker/dealer and is not a Priority Customer. See Schedule of 
Fees, Preface.
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    In particular, the Exchange proposes to introduce a new ``Retail'' 
designation for Priority Customer orders for the purpose of determining 
applicable fees and rebates. As proposed, a Retail order is a Priority 
Customer order that originates from a natural person, provided that no 
change is made to the terms of the order with respect to price or side 
of market and the order does not originate from a trading algorithm or 
any other computerized methodology. The proposed definition of a Retail 
order is designed to mirror a similar concept introduced by the New 
York Stock Exchange (``NYSE''), NYSE Amex (``Amex''), and other 
equities exchanges to promote price improvement for orders submitted by 
retail investors.\8\ The proposed rule change, however, is intended to 
provide benefits to retail options investors in the form of more 
favorable pricing rather than market structure changes.\9\ While the 
Exchange is not amending fees and rebates applicable to Priority 
Customer orders that are designated Retail at this time, the Exchange 
intends to introduce special fees and rebates for Retail orders at a 
later date, such that Retail orders will potentially be entitled to the 
most favorable fees and rebates available on the Exchange. Until such 
time, Retail orders will be charged the same fees and provided the same 
rebates as other Priority Customer orders.
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 67347 (July 3, 
2012), 77 FR 40673 (July 10, 2012) (SR-NYSE-2011-55; SR-NYSEAmex-
2011-84) (Approval Order). See also NYSE and Amex Rule 107C(a)(3).
    NYSE and Amex define a ``Retail Order'' as an agency order or a 
riskless principal order that meets the criteria of FINRA Rule 
5320.03 that originates from a natural person and is submitted to 
the Exchange by a Retail Member Organization, provided that no 
change is made to the terms of the order with respect to price or 
side of market and the order does not originate from a trading 
algorithm or any other computerized methodology.
    \9\ In addition, the Exchange notes that unlike the related 
equities programs, all members will be eligible to mark orders as 
Retail provided that the orders meet the requirements discussed 
above.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the requirements of the Act and the rules and regulations 
thereunder that are applicable to a national securities exchange, and, 
in particular, with the requirements of Section 6(b) of the Act.\10\ In 
particular, the proposal is consistent with Section 6(b)(5) of the 
Act,\11\ because is designed to promote just and equitable principles 
of trade, remove impediments to and perfect the mechanisms of a free 
and open market and a national market system and, in general, to 
protect investors and the public interest.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Specifically, the proposed rule change will allow the Exchange to 
potentially offer more favorable fees and rebates to Retail orders that 
originate from natural persons. Currently, the Exchange distinguishes 
between orders executed for two categories of Public Customer: \12\ 
Priority and Professional Customers. Priority Customers are 
distinguished from Professional Customers by the requirement that they 
not place more than 390 orders in listed options per day on average 
during a calendar month for its own beneficial account(s). Because of 
this limitation, Priority Customer orders are generally afforded more 
favorable fees and rebates than market professionals, including 
Professional Customers. The Exchange now believes that it is 
appropriate to distinguish further between orders that originate from a 
natural person (i.e., Retail orders) and other Priority Customer 
orders.
---------------------------------------------------------------------------

    \12\ A ``Public Customer'' is a person or entity that is not a 
broker or dealer in securities. See Rule 100(a)(38).
---------------------------------------------------------------------------

    The equities markets already provide benefits to order flow that 
originates from a natural person and not a trading algorithm or any 
other computerized methodology. The Exchange believes that the proposed 
definition of a Retail order is appropriate as it is substantially 
similar to the definition already used in the equities context, and is 
therefore already familiar to market participants. The Exchange notes, 
however, that unlike equities exchanges such as NYSE and Amex, it is 
not proposing any market structure changes at this time to accompany 
the introduction of a Retail designation for Priority Customer orders. 
All Priority Customer orders will continue to benefit from the current 
market structure benefits that they receive on the Exchange. In 
addition, Priority Customer orders other than Retail orders will 
continue to benefit from pricing that is generally more favorable than 
pricing adopted for Professional Customer and non-Customer orders.
    By adopting a definition of Retail order, the Exchange hopes to be 
able to offer potentially more favorable fees and rebates to retail 
investors. The Exchange believes that this will advance the goals 
identified when the Exchange first introduced the Priority Customer 
designation, by providing genuine retail investors with the best prices 
available on the Exchange. In this regard, the Exchange notes that the 
fees and rebates for Retail orders will initially be the same as fees 
and rebates for other Priority Customer orders; however, the Exchange 
will introduce additional pricing advantages for Retail orders at a 
later date pursuant to a proposed rule change filed with the 
Commission.

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

    In accordance with Section 6(b)(8) of the Act,\13\ 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. To the contrary, 
the Exchange believes the proposed Retail designation is an innovative 
change that evidences strong competition between options markets. In 
particular, the proposed rule change is designed to allow the Exchange 
to potentially offer the most favorable fees and rebates available to 
Retail orders that originate from natural persons. 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 changes reflect this competitive environment.
---------------------------------------------------------------------------

    \13\ 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 Exchange believes that the foregoing proposed rule change may 
take effect upon filing with the Commission pursuant to Section 
19(b)(3)(A) \14\ of the Act and Rule 19b-4(f)(6) thereunder \15\ 
because the foregoing proposed rule change does not (i) significantly 
affect the protection of investors or the public interest, (ii) impose 
any significant burden on competition, and (iii) become operative for 
30 days after its filing date, or such

[[Page 29108]]

shorter time as the Commission may designate. The Exchange provided the 
Commission with written notice of its intent to file the proposed rule 
change, along with a brief description and text of the proposed rule 
change, at least five business days prior to the date of filing the 
proposed rule change.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the 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 [email protected]. Please include 
File No. SR-ISE-2015-14 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-2015-14. 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-2015-14 and should be 
submitted on or before June 10, 2015.
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    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-12149 Filed 5-19-15; 8:45 am]
BILLING CODE 8011-01-P



                                                  29106                        Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices

                                                     • Fax: (202) 456–6027, Attn:                         advantage of harnessing the                             II. Self-Regulatory Organization’s
                                                  Elizabeth Stulberg.                                     microbiome’s potential?                                 Statement of the Purpose of, and
                                                     • Mail: Attn: Elizabeth Stulberg,                      • What fields of microbiome research                  Statutory Basis for, the Proposed Rule
                                                  Office of Science and Technology                        are currently underfunded or                            Change
                                                  Policy, Eisenhower Executive Office                     underrepresented?                                          In its filing with the Commission, the
                                                  Building, 1650 Pennsylvania Ave., NW.,                    • What specific steps could be taken                  self-regulatory organization included
                                                  Washington, DC 20504.                                   by the federal government, research                     statements concerning the purpose of,
                                                     Instructions: Electronic responses                   institutes, universities, and                           and basis for, the proposed rule change
                                                  must be provided as attachments to an                   philanthropies to encourage multi-                      and discussed any comments it received
                                                  email. It is recommended that                           disciplinary microbiome research?                       on the proposed rule change. The text
                                                  attachments with file sizes exceeding                     • Is there any additional information,                of these statements may be examined at
                                                  25MB be compressed (i.e., zipped) to                    not requested above, that you believe                   the places specified in Item IV below.
                                                  ensure message delivery. Please identify                OSTP should consider in identifying                     The self-regulatory organization has
                                                  your answers by responding to a                         crucial areas of microbiome research?                   prepared summaries, set forth in
                                                  specific question or topic if possible.                                                                         sections A, B and C below, of the most
                                                                                                          Ted Wackler,
                                                  Respondents may answer as many or as                                                                            significant aspects of such statements.
                                                  few questions as they wish. Comments                    Deputy Chief of Staff and Assistant Director.
                                                  of up to two pages or fewer (1,000                      [FR Doc. 2015–12191 Filed 5–19–15; 8:45 am]             A. Self-Regulatory Organization’s
                                                  words) are requested; longer responses                  BILLING CODE 3270–F5–P                                  Statement of the Purpose of, and
                                                  will not be considered. Any information                                                                         Statutory Basis for, the Proposed Rule
                                                  obtained as a result of this RFI is                                                                             Change
                                                  intended to be used by the Government                                                                           1. Purpose
                                                  on a non-attribution basis for planning                 SECURITIES AND EXCHANGE
                                                                                                          COMMISSION                                                 The Exchange proposes to amend the
                                                  and strategy development. OSTP will
                                                                                                                                                                  Schedule of Fees to introduce a new
                                                  not respond to individual submissions.
                                                                                                                                                                  ‘‘Retail’’ designation for Priority
                                                  A response to this RFI will not be                      [Release No. 34–74970; File No. SR–ISE–
                                                                                                          2015–14]
                                                                                                                                                                  Customer orders. A ‘‘Priority Customer’’
                                                  viewed as a binding commitment to
                                                                                                                                                                  is a person or entity that is not a broker/
                                                  develop or pursue the project or ideas                                                                          dealer in securities, and does not place
                                                  discussed. OSTP will not pay for                        Self-Regulatory Organizations;
                                                                                                          International Securities Exchange,                      more than 390 orders in listed options
                                                  information provided under this RFI.                                                                            per day on average during a calendar
                                                  This RFI is not accepting applications                  LLC; Notice of Filing and Immediate
                                                                                                          Effectiveness of Proposed Rule                          month for its own beneficial account(s),
                                                  for financial assistance or financial                                                                           as defined in Rule 100(a)(37A). This
                                                  incentives. OSTP requests that no                       Change To Amend the Schedule of
                                                                                                          Fees To Introduce a New ‘‘Retail’’                      market participant type is one of six
                                                  proprietary information, copyrighted                                                                            currently recognized for purposes of
                                                  information, or personally identifiable                 Designation for Priority Customer
                                                                                                          Orders                                                  determining applicable fees and rebates,
                                                  information be submitted in response to                                                                         along with: Market Maker,3 Non-ISE
                                                  this RFI.                                               May 14, 2015.                                           Market Maker,4 Firm Proprietary,5
                                                  FOR FURTHER INFORMATION CONTACT:                           Pursuant to Section 19(b)(1) of the                  Broker-Dealer,6 and Professional
                                                  Elizabeth Stulberg at MicrobiomeRFI@                    Securities Exchange Act of 1934 (the                    Customer.7 The Priority Customer
                                                  ostp.eop.gov, (202) 456–4444.                           ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  designation was adopted by the
                                                  SUPPLEMENTARY INFORMATION: The                          notice is hereby given that on April 29,                Exchange to provide competitive pricing
                                                  purpose of this RFI is to solicit feedback              2015, the International Securities                      and market structure advantages to
                                                  from industry, academia, research                       Exchange, LLC (the ‘‘Exchange’’ or the                  retail investors, and to level the playing
                                                  laboratories, and other stakeholder                     ‘‘ISE’’) filed with the Securities and                  field between retail investors and
                                                  groups on both the overarching                          Exchange Commission the proposed                        market professionals. As such, Priority
                                                  questions that unite all microbiome                     rule change, as described in Items I, II,               Customer orders executed on the
                                                  research and the tools, technologies, and               and III below, which items have been                    Exchange are generally afforded more
                                                  training that are needed to answer these                prepared by the self-regulatory                         favorable fees and rebates than other
                                                  questions. OSTP is specifically                         organization. The Commission is                         market participants, including
                                                  interested in information that                          publishing this notice to solicit                       Professional Customers. The Exchange
                                                  corresponds to the mission statements                   comments on the proposed rule change                    now believes that it is appropriate to
                                                  of multiple Federal agencies, private                   from interested persons.                                introduce a further distinction between
                                                  sector interests, and current White
                                                                                                          I. Self-Regulatory Organization’s
                                                  House Policy Initiatives. In particular,                                                                           3 The term ‘‘Market Makers’’ refers to
                                                                                                          Statement of the Terms of Substance of                  ‘‘Competitive Market Makers’’ and ‘‘Primary Market
                                                  respondents may wish to address the
                                                                                                          the Proposed Rule Change                                Makers’’ collectively. See Rule 100(a)(25).
                                                  following topics:                                                                                                  4 A ‘‘Non-ISE Market Maker’’ is a market maker
                                                     • What are the most pressing,                           The ISE proposes to amend the                        as defined in Section 3(a)(38) of the Securities
                                                  fundamental questions in microbiome                     Schedule of Fees to introduce a new                     Exchange Act of 1934, as amended, registered in the
                                                  research, common to most or all fields?                 ‘‘Retail’’ designation for Priority                     same options class on another options exchange.
                                                     • Over the next ten years, what are                  Customer orders. The text of the                        See Schedule of Fees, Preface.
                                                                                                                                                                     5 A ‘‘Firm Proprietary’’ order is an order
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  the most important research gaps that                   proposed rule change is available on the                submitted by a member for its own proprietary
                                                  must be addressed to advance this field?                Exchange’s Web site (http://                            account. See Schedule of Fees, Preface.
                                                     • What tools, platform technologies,                 www.ise.com), at the principal office of                   6 A ‘‘Broker-Dealer’’ order is an order submitted

                                                  or technological advances would propel                  the Exchange, and at the Commission’s                   by a member for a broker-dealer account that is not
                                                  microbiome research from correlative to                 Public Reference Room.                                  its own proprietary account. See Schedule of Fees,
                                                                                                                                                                  Preface.
                                                  predictive?                                                                                                        7 A ‘‘Professional Customer’’ is a person or entity
                                                     • What crucial types of scientific and                 1 15   U.S.C. 78s(b)(1).                              that is not a broker/dealer and is not a Priority
                                                  technical training will be needed to take                 2 17   CFR 240.19b–4.                                 Customer. See Schedule of Fees, Preface.



                                             VerDate Sep<11>2014   23:50 May 19, 2015   Jkt 235001   PO 00000   Frm 00178     Fmt 4703   Sfmt 4703   E:\FR\FM\20MYN1.SGM   20MYN1


                                                                                Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices                                               29107

                                                  market participants that fall within the                remove impediments to and perfect the                    for Retail orders will initially be the
                                                  definition of Priority Customer.                        mechanisms of a free and open market                     same as fees and rebates for other
                                                     In particular, the Exchange proposes                 and a national market system and, in                     Priority Customer orders; however, the
                                                  to introduce a new ‘‘Retail’’ designation               general, to protect investors and the                    Exchange will introduce additional
                                                  for Priority Customer orders for the                    public interest.                                         pricing advantages for Retail orders at a
                                                  purpose of determining applicable fees                     Specifically, the proposed rule change                later date pursuant to a proposed rule
                                                  and rebates. As proposed, a Retail order                will allow the Exchange to potentially                   change filed with the Commission.
                                                  is a Priority Customer order that                       offer more favorable fees and rebates to
                                                  originates from a natural person,                       Retail orders that originate from natural                B. Self-Regulatory Organization’s
                                                  provided that no change is made to the                  persons. Currently, the Exchange                         Statement on Burden on Competition
                                                  terms of the order with respect to price                distinguishes between orders executed                       In accordance with Section 6(b)(8) of
                                                  or side of market and the order does not                for two categories of Public Customer: 12                the Act,13 the Exchange does not believe
                                                  originate from a trading algorithm or                   Priority and Professional Customers.                     that the proposed rule change will
                                                  any other computerized methodology.                     Priority Customers are distinguished                     impose any burden on intermarket or
                                                  The proposed definition of a Retail                     from Professional Customers by the                       intramarket competition that is not
                                                  order is designed to mirror a similar                   requirement that they not place more                     necessary or appropriate in furtherance
                                                  concept introduced by the New York                      than 390 orders in listed options per day                of the purposes of the Act. To the
                                                  Stock Exchange (‘‘NYSE’’), NYSE Amex                    on average during a calendar month for                   contrary, the Exchange believes the
                                                  (‘‘Amex’’), and other equities exchanges                its own beneficial account(s). Because of                proposed Retail designation is an
                                                  to promote price improvement for                        this limitation, Priority Customer orders                innovative change that evidences strong
                                                  orders submitted by retail investors.8                  are generally afforded more favorable                    competition between options markets.
                                                  The proposed rule change, however, is                   fees and rebates than market                             In particular, the proposed rule change
                                                  intended to provide benefits to retail                  professionals, including Professional                    is designed to allow the Exchange to
                                                  options investors in the form of more                   Customers. The Exchange now believes                     potentially offer the most favorable fees
                                                  favorable pricing rather than market                    that it is appropriate to distinguish                    and rebates available to Retail orders
                                                  structure changes.9 While the Exchange                  further between orders that originate                    that originate from natural persons. The
                                                  is not amending fees and rebates                        from a natural person (i.e., Retail orders)              Exchange operates in a highly
                                                  applicable to Priority Customer orders                  and other Priority Customer orders.                      competitive market in which market
                                                  that are designated Retail at this time,                   The equities markets already provide                  participants can readily direct their
                                                  the Exchange intends to introduce                       benefits to order flow that originates                   order flow to competing venues. In such
                                                  special fees and rebates for Retail orders              from a natural person and not a trading                  an environment, the Exchange must
                                                  at a later date, such that Retail orders                algorithm or any other computerized                      continually review, and consider
                                                  will potentially be entitled to the most                methodology. The Exchange believes                       adjusting, its fees and rebates to remain
                                                  favorable fees and rebates available on                 that the proposed definition of a Retail                 competitive with other exchanges. For
                                                  the Exchange. Until such time, Retail                   order is appropriate as it is substantially              the reasons described above, the
                                                  orders will be charged the same fees and                similar to the definition already used in                Exchange believes that the proposed
                                                  provided the same rebates as other                      the equities context, and is therefore                   changes reflect this competitive
                                                  Priority Customer orders.                               already familiar to market participants.                 environment.
                                                                                                          The Exchange notes, however, that
                                                  2. Statutory Basis                                      unlike equities exchanges such as NYSE                   C. Self-Regulatory Organization’s
                                                     The Exchange believes that the                       and Amex, it is not proposing any                        Statement on Comments on the
                                                  proposed rule change is consistent with                 market structure changes at this time to                 Proposed Rule Change Received From
                                                  the requirements of the Act and the                     accompany the introduction of a Retail                   Members, Participants, or Others
                                                  rules and regulations thereunder that                   designation for Priority Customer                          The Exchange has not solicited, and
                                                  are applicable to a national securities                 orders. All Priority Customer orders will                does not intend to solicit, comments on
                                                  exchange, and, in particular, with the                  continue to benefit from the current                     this proposed rule change. The
                                                  requirements of Section 6(b) of the                     market structure benefits that they                      Exchange has not received any
                                                  Act.10 In particular, the proposal is                   receive on the Exchange. In addition,                    unsolicited written comments from
                                                  consistent with Section 6(b)(5) of the                  Priority Customer orders other than                      members or other interested parties.
                                                  Act,11 because is designed to promote                   Retail orders will continue to benefit                   III. Date of Effectiveness of the
                                                  just and equitable principles of trade,                 from pricing that is generally more                      Proposed Rule Change and Timing for
                                                                                                          favorable than pricing adopted for                       Commission Action
                                                     8 See Securities Exchange Act Release No. 67347
                                                                                                          Professional Customer and non-
                                                  (July 3, 2012), 77 FR 40673 (July 10, 2012) (SR–        Customer orders.                                            The Exchange believes that the
                                                  NYSE–2011–55; SR–NYSEAmex–2011–84)                                                                               foregoing proposed rule change may
                                                  (Approval Order). See also NYSE and Amex Rule              By adopting a definition of Retail
                                                  107C(a)(3).                                             order, the Exchange hopes to be able to                  take effect upon filing with the
                                                     NYSE and Amex define a ‘‘Retail Order’’ as an        offer potentially more favorable fees and                Commission pursuant to Section
                                                  agency order or a riskless principal order that meets   rebates to retail investors. The Exchange                19(b)(3)(A) 14 of the Act and Rule 19b–
                                                  the criteria of FINRA Rule 5320.03 that originates                                                               4(f)(6) thereunder 15 because the
                                                  from a natural person and is submitted to the
                                                                                                          believes that this will advance the goals
                                                  Exchange by a Retail Member Organization,               identified when the Exchange first                       foregoing proposed rule change does not
                                                  provided that no change is made to the terms of the     introduced the Priority Customer                         (i) significantly affect the protection of
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  order with respect to price or side of market and       designation, by providing genuine retail                 investors or the public interest, (ii)
                                                  the order does not originate from a trading                                                                      impose any significant burden on
                                                  algorithm or any other computerized methodology.
                                                                                                          investors with the best prices available
                                                     9 In addition, the Exchange notes that unlike the    on the Exchange. In this regard, the                     competition, and (iii) become operative
                                                  related equities programs, all members will be          Exchange notes that the fees and rebates                 for 30 days after its filing date, or such
                                                  eligible to mark orders as Retail provided that the
                                                  orders meet the requirements discussed above.              12 A ‘‘Public Customer’’ is a person or entity that    13 15 U.S.C. 78f(b)(8).
                                                     10 15 U.S.C. 78f(b).                                                                                           14 15 U.S.C. 78s(b)(3)(A).
                                                                                                          is not a broker or dealer in securities. See Rule
                                                     11 15 U.S.C. 78f(b)(5).                              100(a)(38).                                               15 17 CFR 240.19b–4(f)(6).




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                                                  29108                        Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices

                                                  shorter time as the Commission may                      business days between the hours of                     added, deleted or postponed, please
                                                  designate. The Exchange provided the                    10:00 a.m. and 3:00 p.m. Copies of the                 contact the Office of the Secretary at
                                                  Commission with written notice of its                   filing also will be available for                      (202) 551–5400.
                                                  intent to file the proposed rule change,                inspection and copying at the principal                   Dated: May 18, 2015.
                                                  along with a brief description and text                 office of the ISE. All comments received               Jill M. Peterson,
                                                  of the proposed rule change, at least five              will be posted without change; the
                                                                                                                                                                 Assistant Secretary.
                                                  business days prior to the date of filing               Commission does not edit personal
                                                  the proposed rule change.                                                                                      [FR Doc. 2015–12380 Filed 5–18–15; 4:15 pm]
                                                                                                          identifying information from
                                                     At any time within 60 days of the                    submissions. You should submit only                    BILLING CODE 8011–01–P
                                                  filing of the proposed rule change, the                 information that you wish to make
                                                  Commission summarily may                                available publicly. All submissions
                                                  temporarily suspend such rule change if                                                                        SECURITIES AND EXCHANGE
                                                                                                          should refer to File No. SR–ISE–2015–
                                                  it appears to the Commission that such                                                                         COMMISSION
                                                                                                          14 and should be submitted on or before
                                                  action is: (i) Necessary or appropriate in              June 10, 2015.                                         Submission for OMB Review;
                                                  the public interest; (ii) for the protection
                                                                                                            For the Commission, by the Division of               Comment Request
                                                  of investors; or (iii) otherwise in                     Trading and Markets, pursuant to delegated
                                                  furtherance of the purposes of the Act.                 authority.16                                           Upon Written Request, Copies Available
                                                  If the Commission takes such action, the                Robert W. Errett,                                       From: Securities and Exchange
                                                  Commission shall institute proceedings                                                                          Commission, Office of FOIA Services,
                                                                                                          Deputy Secretary.
                                                  to determine whether the proposed rule                                                                          100 F Street NE., Washington, DC
                                                                                                          [FR Doc. 2015–12149 Filed 5–19–15; 8:45 am]
                                                  should be approved or disapproved.                                                                              20549–2736.
                                                                                                          BILLING CODE 8011–01–P
                                                  IV. Solicitation of Comments                                                                                   Extension:
                                                                                                                                                                   Rule 17a–6; SEC File No. 270–433, OMB
                                                    Interested persons are invited to                                                                                Control No. 3235–0489.
                                                  submit written data, views, and                         SECURITIES AND EXCHANGE
                                                  arguments concerning the foregoing,                     COMMISSION                                                Notice is hereby given that pursuant
                                                  including whether the proposal is                                                                              to the Paperwork Reduction Act of 1995
                                                  consistent with the Act. Comments may                   Sunshine Act Meeting                                   (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
                                                  be submitted by any of the following                      Notice is hereby given, pursuant to                  Securities and Exchange Commission
                                                  methods:                                                the provisions of the Government in the                (‘‘Commission’’) has submitted to the
                                                                                                          Sunshine Act, Public Law 94–409, that                  Office of Management and Budget
                                                  Electronic Comments                                                                                            (‘‘OMB’’) a request for extension of the
                                                                                                          the Securities and Exchange
                                                    • Use the Commission’s Internet                       Commission will hold a Closed Meeting                  previously approved collection of
                                                  comment form (http://www.sec.gov/                       on Tuesday, May 19, 2015 at 3:30 p.m.                  information provided for in Rule 17a–6
                                                  rules/sro.shtml); or                                      Commissioners, Counsel to the                        (17 CFR 240.17a–6) under the Securities
                                                    • Send an Email to rule-comments@                     Commissioners, the Secretary to the                    Exchange Act of 1934 (15 U.S.C. 78a et
                                                  sec.gov. Please include File No. SR–ISE–                Commission, and recording secretaries                  seq.).
                                                  2015–14 on the subject line.                            will attend the Closed Meeting. Certain                   Rule 17a–6 permits national securities
                                                                                                          staff members who have an interest in                  exchanges, national securities
                                                  Paper Comments
                                                                                                          the matters also may be present.                       associations, registered clearing
                                                     • Send paper comments in triplicate                                                                         agencies, and the Municipal Securities
                                                                                                            The General Counsel of the
                                                  to Secretary, Securities and Exchange                                                                          Rulemaking Board (‘‘MSRB’’)
                                                                                                          Commission, or her designee, has
                                                  Commission, 100 F Street NE.,                                                                                  (collectively, ‘‘SROs’’) to destroy or
                                                                                                          certified that, in her opinion, one or
                                                  Washington, DC 20549.                                                                                          convert to microfilm or other recording
                                                                                                          more of the exemptions set forth in 5
                                                  All submissions should refer to File No.                U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)             media records maintained under Rule
                                                  SR–ISE–2015–14. This file number                        and 17 CFR 200.402(a)(3), (5), (7), 9(ii)              17a–1, if they have filed a record
                                                  should be included on the subject line                  and (10), permit consideration of the                  destruction plan with the Commission
                                                  if email is used. To help the                           scheduled matter at the Closed Meeting.                and the Commission has declared such
                                                  Commission process and review your                        Commissioner Stein, as duty officer,                 plan effective.
                                                  comments more efficiently, please use                   voted to consider the items listed for the                There are currently 29 SROs: 18
                                                  only one method. The Commission will                    Closed Meeting in closed session, and                  national securities exchanges, 1 national
                                                  post all comments on the Commission’s                   determined that Commission business                    securities association, the MSRB, and 9
                                                  Internet Web site (http://www.sec.gov/                  required consideration earlier than one                registered clearing agencies. Of the 29
                                                  rules/sro.shtml). Copies of the                         week from today. No earlier notice of                  SROs, only 2 SRO respondents have
                                                  submission, all subsequent                              this Meeting was practicable.                          filed a record destruction plan with the
                                                  amendments, all written statements                        The subject matter of the Closed                     Commission. The staff calculates that
                                                  with respect to the proposed rule                       Meeting will be:                                       the preparation and filing of a new
                                                  change that are filed with the                            Institution of injunctive actions;                   record destruction plan should take 160
                                                  Commission, and all written                               Institution and settlement of                        hours. Further, any existing SRO record
                                                  communications relating to the                          administrative proceedings; and                        destruction plans may require revision,
                                                  proposed rule changes between the                         Other matters relating to enforcement                over time, in response to, for example,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Commission and any person, other than                   proceedings.                                           changes in document retention
                                                  those that may be withheld from the                       At times, changes in Commission                      technology, which the Commission
                                                  public in accordance with the                           priorities require alterations in the                  estimates will take much less than the
                                                  provisions of 5 U.S.C. 552, will be                     scheduling of meeting items.                           160 hours estimated for a new plan. The
                                                  available for Web site viewing and                        For further information and to                       Commission estimates that each SRO
                                                  printing in the Commission’s Public                     ascertain what, if any, matters have been              that has filed a destruction plan will
                                                  Reference Room, 100 F Street NE.,                                                                              spend approximately 30 hours per year
                                                  Washington, DC 20549 on official                          16 17   CFR 200.30–3(a)(12).                         making required revisions. Thus, the


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Document Created: 2018-02-21 10:30:02
Document Modified: 2018-02-21 10:30:02
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 29106 

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