80 FR 34185 - 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 114 (June 15, 2015)
Federal Register Volume 80, Issue 114 (June 15, 2015)
| Page Range | 34185-34186 | |
| FR Document | 2015-14479 |
[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)] [Notices] [Pages 34185-34186] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-14479] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-75130; File No. SR-ISE-2015-19] Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees June 9, 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 June 1, 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 to increase certain complex order fees in Select Symbols, and to introduce tiered fees for certain Market Maker complex orders based on affiliated Priority Customer complex order volume. 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 increase certain complex order fees in Select Symbols,\3\ and to introduce tiered fees for certain Market Maker \4\ complex orders based on affiliated Priority Customer \5\ complex order volume. Currently, the Exchange charges complex order taker fees in Select Symbols that are $0.43 per contract for Market Maker orders,\6\ and $0.44 per contract for Non-ISE Market Maker,\7\ Firm Proprietary \8\/Broker-Dealer,\9\ and --------------------------------------------------------------------------- \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 Rule 100(a)(25). \5\ 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). \6\ ISE Market Makers making or taking liquidity receive a discount of $0.02 when trading against Priority Customer orders preferenced to them in the Complex Order Book in equity options that are able to be listed and traded on more than one options exchange. This discount does not apply to FX Options Symbols or to option classes designated by the Exchange to receive a guaranteed allocation pursuant to ISE Rule 722(b)(3)(i)(B). \7\ 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. \8\ A ``Firm Proprietary'' order is an order submitted by a member for its own proprietary account. \9\ A ``Broker-Dealer'' order is an order submitted by a member for a broker-dealer account that is not its own proprietary account. --------------------------------------------------------------------------- Professional Customer \10\ orders.\11\ The Exchange also charges an equivalent maker fee in Select Symbols that applies specifically when trading against Priority Customer orders. The Exchange now proposes to increase the above fees for Non-ISE Market Maker, Firm Proprietary/ Broker-Dealer, and Professional Customer orders to $0.47 per contract. For Market Maker orders, the Exchange proposes to charge a tiered fee based on total affiliated Priority Customer complex order average daily volume (``ADV'').\12\ As proposed, Market Makers with a total affiliated Priority Customer ADV of up to 149,999 contracts will pay a fee of $0.46 per contract, while Market Makers with a total affiliated Priority Customer Complex ADV of 150,000 or more contracts will pay fees at the current rate of $0.43 per contract.\13\ --------------------------------------------------------------------------- \10\ A ``Professional Customer'' is a person or entity that is not a broker/dealer and is not a Priority Customer. \11\ Priority Customer Complex Orders are not charged maker/ taker fees and are instead provided a volume based rebate that ranges from $0.30 per contract to $0.46 per contract in Select Symbols. \12\ As is the case for other fees based on affiliated member volume, the Exchange will continue to aggregate eligible volume from affiliated members in determining total affiliated Priority Customer Complex ADV, provided there is at least 75% common ownership between the Members as reflected on each Member's Form BD, Schedule A. For purposes of determining Priority Customer Complex ADV, any day that the complex order book is not open for the entire trading day may be excluded from such calculation; provided that the Exchange will only remove the day for members that would have a lower ADV with the day included. \13\ The fee for the highest volume tier achieved will be applied retroactively to all eligible volume once the threshold has been reached. Preferenced Market Makers will continue to be eligible for a $0.02 per contract discount as described in footnote 6 above. --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the provisions of Section 6 of the Act,\14\ in general, and Section 6(b)(4) of the Act,\15\ 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. --------------------------------------------------------------------------- \14\ 15 U.S.C. 78f. \15\ 15 U.S.C. 78f(b)(4). --------------------------------------------------------------------------- The Exchange believes that the proposed fee increase is reasonable and equitable as the proposed fees are set at levels that the Exchange believes will continue to be attractive to market participants that trade on ISE, and offset rebates provided to Priority Customer complex orders, which were recently [[Page 34186]] increased.\16\ Moreover, the proposed fees are competitive with fees charged by other options exchanges and remain attractive to members for this reason. The Exchange notes that Priority Customer orders will continue to receive complex order rebates, while other market participants will continue to pay a fee. The Exchange does not believe that this is unfairly discriminatory as a Priority Customer is by definition not a broker or dealer in securities, and does not place more than 390 orders in listed options per day on average during a calendar month for its own beneficial account(s). This limitation does not apply to participants whose behavior is substantially similar to that of market professionals, including Professional Customers, who will generally submit a higher number of orders (many of which do not result in executions) than Priority Customers. With respect to Market Maker orders, the Exchange believes that it is reasonable and equitable to charge lower fees to Market Makers with significant affiliated Priority Customer complex order volume, as this will incentivize members to bring additional order flow to ISE, creating additional liquidity to the benefit of all members that trade complex orders on the Exchange. The Exchange notes that the proposed tiered structure will allow Market Makers to continue to pay the same fees that they pay today by executing, through their affiliates, sufficient Priority Customer complex order volume to qualify for the lower fee. The Exchange does not believe that it is unfairly discriminatory only to provide these 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. --------------------------------------------------------------------------- \16\ See Securities Exchange Act Release No. 74525 (March 18, 2015), 80 FR 15646 (March 24, 2015) (SR-ISE-2015-09). --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition In accordance with Section 6(b)(8) of the Act,\17\ the Exchange does not believe that the proposed rule change will impose any burden on intermarket or intramarket competition that is not necessary or appropriate in furtherance of the purposes of the Act. The Exchange believes that the proposed complex order fees remain competitive with fees charged by 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. --------------------------------------------------------------------------- \17\ 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 \18\ and subparagraph (f)(2) of Rule 19b-4 thereunder,\19\ because it establishes a due, fee, or other charge imposed by ISE. --------------------------------------------------------------------------- \18\ 15 U.S.C. 78s(b)(3)(A)(ii). \19\ 17 CFR 240.19b-4(f)(2). --------------------------------------------------------------------------- At any time within 60 days of the filing of such proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-ISE-2015-19 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 Number SR-ISE-2015-19. 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 change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the 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 Number SR-ISE-2015-19 and should be submitted on or before July 6, 2015. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\20\ --------------------------------------------------------------------------- \20\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Robert W. Errett, Deputy Secretary. [FR Doc. 2015-14479 Filed 6-12-15; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Notices 34185
and trading of Exchange-Traded the Exchange, and at the Commission’s Professional Customer 10 orders.11 The
Managed Fund Shares, so that it has Public Reference Room. Exchange also charges an equivalent
sufficient time to consider this proposed maker fee in Select Symbols that applies
rule change. II. Self-Regulatory Organization’s
specifically when trading against
Accordingly, the Commission, Statement of the Purpose of, and
Priority Customer orders. The Exchange
pursuant to Section 19(b)(2) of the Act,6 Statutory Basis for, the Proposed Rule
now proposes to increase the above fees
designates July 28, 2015, as the date by Change
for Non-ISE Market Maker, Firm
which the Commission shall either Proprietary/Broker-Dealer, and
In its filing with the Commission, the
approve or disapprove, or institute Professional Customer orders to $0.47
self-regulatory organization included
proceedings to determine whether to per contract. For Market Maker orders,
statements concerning the purpose of,
disapprove, the proposed rule change the Exchange proposes to charge a tiered
(File No. SR–NASDAQ–2015–036). and basis for, the proposed rule change
and discussed any comments it received fee based on total affiliated Priority
For the Commission, by the Division of on the proposed rule change. The text Customer complex order average daily
Trading and Markets, pursuant to delegated volume (‘‘ADV’’).12 As proposed,
authority.7
of these statements may be examined at
the places specified in Item IV below. Market Makers with a total affiliated
Robert W. Errett,
The self-regulatory organization has Priority Customer ADV of up to 149,999
Deputy Secretary. contracts will pay a fee of $0.46 per
prepared summaries, set forth in
[FR Doc. 2015–14477 Filed 6–12–15; 8:45 am] contract, while Market Makers with a
sections A, B and C below, of the most
BILLING CODE 8011–01–P
significant aspects of such statements. total affiliated Priority Customer
Complex ADV of 150,000 or more
A. Self-Regulatory Organization’s contracts will pay fees at the current
SECURITIES AND EXCHANGE Statement of the Purpose of, and rate of $0.43 per contract.13
COMMISSION Statutory Basis for, the Proposed Rule
Change 2. Statutory Basis
[Release No. 34–75130; File No. SR–ISE–
2015–19] 1. Purpose The Exchange believes that the
proposed rule change is consistent with
Self-Regulatory Organizations; The purpose of the proposed rule the provisions of Section 6 of the Act,14
International Securities Exchange, change is to increase certain complex in general, and Section 6(b)(4) of the
LLC; Notice of Filing and Immediate order fees in Select Symbols,3 and to Act,15 in particular, in that it is designed
Effectiveness of Proposed Rule introduce tiered fees for certain Market to provide for the equitable allocation of
Change To Amend the Schedule of Maker 4 complex orders based on
Fees reasonable dues, fees, and other charges
affiliated Priority Customer 5 complex among its members and other persons
June 9, 2015. order volume. Currently, the Exchange using its facilities.
Pursuant to Section 19(b)(1) of the charges complex order taker fees in
Select Symbols that are $0.43 per The Exchange believes that the
Securities Exchange Act of 1934 (the proposed fee increase is reasonable and
‘‘Act’’),1 and Rule 19b–4 thereunder,2 contract for Market Maker orders,6 and
$0.44 per contract for Non-ISE Market equitable as the proposed fees are set at
notice is hereby given that on June 1, levels that the Exchange believes will
2015, the International Securities Maker,7 Firm Proprietary 8/Broker-
continue to be attractive to market
Exchange, LLC (the ‘‘Exchange’’ or the Dealer,9 and
participants that trade on ISE, and offset
‘‘ISE’’) filed with the Securities and
rebates provided to Priority Customer
Exchange Commission the proposed 3 ‘‘Select Symbols’’ are options overlying all
symbols listed on the ISE that are in the Penny Pilot complex orders, which were recently
rule change, as described in Items I, II,
and III below, which items have been Program.
4 The term ‘‘Market Makers’’ refers to 10 A ‘‘Professional Customer’’ is a person or entity
prepared by the self-regulatory ‘‘Competitive Market Makers’’ and ‘‘Primary Market that is not a broker/dealer and is not a Priority
organization. The Commission is Makers’’ collectively. See Rule 100(a)(25). Customer.
publishing this notice to solicit 5 A ‘‘Priority Customer’’ is a person or entity that 11 Priority Customer Complex Orders are not
comments on the proposed rule change is not a broker/dealer in securities, and does not charged maker/taker fees and are instead provided
from interested persons. place more than 390 orders in listed options per day a volume based rebate that ranges from $0.30 per
on average during a calendar month for its own contract to $0.46 per contract in Select Symbols.
I. Self-Regulatory Organization’s beneficial account(s), as defined in ISE Rule
12 As is the case for other fees based on affiliated
Statement of the Terms of Substance of 100(a)(37A). member volume, the Exchange will continue to
aggregate eligible volume from affiliated members
the Proposed Rule Change 6 ISE Market Makers making or taking liquidity
in determining total affiliated Priority Customer
receive a discount of $0.02 when trading against
The ISE proposes to amend the Complex ADV, provided there is at least 75%
Priority Customer orders preferenced to them in the
common ownership between the Members as
Schedule of Fees to increase certain Complex Order Book in equity options that are able reflected on each Member’s Form BD, Schedule A.
complex order fees in Select Symbols, to be listed and traded on more than one options
For purposes of determining Priority Customer
and to introduce tiered fees for certain exchange. This discount does not apply to FX Complex ADV, any day that the complex order book
Options Symbols or to option classes designated by is not open for the entire trading day may be
Market Maker complex orders based on the Exchange to receive a guaranteed allocation excluded from such calculation; provided that the
affiliated Priority Customer complex pursuant to ISE Rule 722(b)(3)(i)(B). Exchange will only remove the day for members
asabaliauskas on DSK5VPTVN1PROD with NOTICES
order volume. The text of the proposed 7 A ‘‘Non-ISE Market Maker’’ is a market maker
that would have a lower ADV with the day
rule change is available on the as defined in Section 3(a)(38) of the Securities included.
Exchange’s Web site (http:// Exchange Act of 1934, as amended, registered in the 13 The fee for the highest volume tier achieved
same options class on another options exchange. will be applied retroactively to all eligible volume
www.ise.com), at the principal office of 8 A ‘‘Firm Proprietary’’ order is an order once the threshold has been reached.
submitted by a member for its own proprietary Preferenced Market Makers will continue to be
6 Id.
account. eligible for a $0.02 per contract discount as
7 17 CFR 200.30–3(a)(31). 9 A ‘‘Broker-Dealer’’ order is an order submitted described in footnote 6 above.
1 15 U.S.C. 78s(b)(1). 14 15 U.S.C. 78f.
by a member for a broker-dealer account that is not
2 17 CFR 240.19b–4. its own proprietary account. 15 15 U.S.C. 78f(b)(4).
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![34186 Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Notices
increased.16 Moreover, the proposed their order flow to competing venues. In All submissions should refer to File
fees are competitive with fees charged such an environment, the Exchange Number SR–ISE–2015–19. This file
by other options exchanges and remain must continually review, and consider number should be included on the
attractive to members for this reason. adjusting, its fees and rebates to remain subject line if email is used. To help the
The Exchange notes that Priority competitive with other exchanges. For Commission process and review your
Customer orders will continue to the reasons described above, the comments more efficiently, please use
receive complex order rebates, while Exchange believes that the proposed fee only one method. The Commission will
other market participants will continue changes reflect this competitive post all comments on the Commission’s
to pay a fee. The Exchange does not environment. Internet Web site (http://www.sec.gov/
believe that this is unfairly rules/sro.shtml). Copies of the
C. Self-Regulatory Organization’s
discriminatory as a Priority Customer is submission, all subsequent
Statement on Comments on the
by definition not a broker or dealer in amendments, all written statements
Proposed Rule Change Received From
securities, and does not place more than with respect to the proposed rule
Members, Participants, or Others
390 orders in listed options per day on change that are filed with the
average during a calendar month for its The Exchange has not solicited, and Commission, and all written
own beneficial account(s). This does not intend to solicit, comments on communications relating to the
limitation does not apply to participants this proposed rule change. The proposed rule change between the
whose behavior is substantially similar Exchange has not received any Commission and any person, other than
to that of market professionals, unsolicited written comments from those that may be withheld from the
including Professional Customers, who members or other interested parties. public in accordance with the
will generally submit a higher number III. Date of Effectiveness of the provisions of 5 U.S.C. 552, will be
of orders (many of which do not result Proposed Rule Change and Timing for available for Web site viewing and
in executions) than Priority Customers. Commission Action printing in the Commission’s Public
With respect to Market Maker orders, Reference Room, 100 F Street NE.,
The foregoing rule change has become Washington, DC 20549 on official
the Exchange believes that it is
effective pursuant to Section business days between the hours of
reasonable and equitable to charge
19(b)(3)(A)(ii) of the Act 18 and 10:00 a.m. and 3:00 p.m. Copies of the
lower fees to Market Makers with subparagraph (f)(2) of Rule 19b–4
significant affiliated Priority Customer filing also will be available for
thereunder,19 because it establishes a inspection and copying at the principal
complex order volume, as this will due, fee, or other charge imposed by
incentivize members to bring additional office of the ISE. All comments received
ISE. will be posted without change; the
order flow to ISE, creating additional At any time within 60 days of the
liquidity to the benefit of all members Commission does not edit personal
filing of such proposed rule change, the identifying information from
that trade complex orders on the Commission summarily may
Exchange. The Exchange notes that the submissions. You should submit only
temporarily suspend such rule change if information that you wish to make
proposed tiered structure will allow it appears to the Commission that such
Market Makers to continue to pay the available publicly. All submissions
action is necessary or appropriate in the should refer to File Number SR–ISE–
same fees that they pay today by public interest, for the protection of
executing, through their affiliates, 2015–19 and should be submitted on or
investors, or otherwise in furtherance of before July 6, 2015.
sufficient Priority Customer complex the purposes of the Act. If the
order volume to qualify for the lower Commission takes such action, the For the Commission, by the Division of
fee. The Exchange does not believe that Commission shall institute proceedings Trading and Markets, pursuant to delegated
it is unfairly discriminatory only to authority.20
to determine whether the proposed rule
provide these lower fees to Market Robert W. Errett,
should be approved or disapproved.
Maker orders as Market Makers are Deputy Secretary.
subject to additional requirements and IV. Solicitation of Comments [FR Doc. 2015–14479 Filed 6–12–15; 8:45 am]
obligations (such as quoting Interested persons are invited to BILLING CODE 8011–01–P
requirements) that other market submit written data, views, and
participants are not. arguments concerning the foregoing,
including whether the proposed rule SECURITIES AND EXCHANGE
B. Self-Regulatory Organization’s COMMISSION
change is consistent with the Act.
Statement on Burden on Competition
Comments may be submitted by any of [Release No. 34–75131; File No. SR–ISE–
In accordance with Section 6(b)(8) of the following methods: 2015–20]
the Act,17 the Exchange does not believe
that the proposed rule change will Electronic Comments
Self-Regulatory Organizations;
impose any burden on intermarket or • Use the Commission’s Internet International Securities Exchange,
intramarket competition that is not comment form (http://www.sec.gov/ LLC; Notice of Filing and Immediate
necessary or appropriate in furtherance rules/sro.shtml); or Effectiveness of Proposed Rule
of the purposes of the Act. The • Send an email to rule-comments@ Change To Amend the Schedule of
Exchange believes that the proposed sec.gov. Please include File Number SR– Fees
complex order fees remain competitive ISE–2015–19 on the subject line.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
with fees charged by other options June 9, 2015.
Paper Comments Pursuant to Section 19(b)(1) of the
exchanges. The Exchange operates in a
highly competitive market in which • Send paper comments in triplicate Securities Exchange Act of 1934 (the
market participants can readily direct to Secretary, Securities and Exchange ‘‘Act’’),1 and Rule 19b–4 thereunder,2
Commission, 100 F Street NE., notice is hereby given that on June 1,
16 See Securities Exchange Act Release No. 74525 Washington, DC 20549.
20 17 CFR 200.30–3(a)(12).
(March 18, 2015), 80 FR 15646 (March 24, 2015)
(SR–ISE–2015–09). 18 15 U.S.C. 78s(b)(3)(A)(ii). 1 15 U.S.C. 78s(b)(1).
17 15 U.S.C. 78f(b)(8). 19 17 CFR 240.19b–4(f)(2). 2 17 CFR 240.19b–4.
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Document Created: 2015-12-15 15:13:42
Document Modified: 2015-12-15 15:13:42
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 34185 |
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