80 FR 58321 - Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 80, Issue 187 (September 28, 2015)
Federal Register Volume 80, Issue 187 (September 28, 2015)
| Page Range | 58321-58322 | |
| FR Document | 2015-24515 |
[Federal Register Volume 80, Number 187 (Monday, September 28, 2015)] [Notices] [Pages 58321-58322] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-24515] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-75959; File No. SR-ISE Gemini-2015-16] Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees September 22, 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 September 11, 2015, ISE Gemini, LLC (the ``Exchange'' or ``ISE Gemini'') 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 ISE Gemini proposes to amend the Schedule of Fees as described in more detail below. The text of the proposed rule change is available on the Exchange's Internet Web site at http://www.ise.com, at the principal office of the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The self-regulatory organization has prepared summaries, set forth in Sections A, B and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to amend its Schedule of Fees to increase Taker Fees and Fees for Responses to Crossing Orders \3\ (excluding PIM orders) for Market Maker,\4\ Non-ISE Gemini Market Maker,\5\ Firm Proprietary \6\/Broker-Dealer,\7\ and Professional Customer \8\ (collectively, ``non-Priority Customer'') orders in Non-Penny Symbols.\9\ In Non-Penny Symbols, the current Taker Fee for Market Maker orders is $0.86 per contract, and the current Taker Fee for Non- ISE Gemini Market Maker, Firm Proprietary/Broker Dealer, and Professional Customer orders is $0.87 per contract. Additionally, ISE Gemini charges Fees for Responses to Crossing Orders that are equivalent to the Taker Fees described above. The Exchange now proposes to increase its Taker Fees and Fees for Responses to Crossing Orders to $0.89 per contract for all non-Priority Customer orders executed in Non-Penny Symbols. --------------------------------------------------------------------------- \3\ ``Responses to Crossing Orders'' are any contra-side interest (i.e., orders & quotes) submitted after the commencement of an auction in the Exchange's Facilitation Mechanism, Solicited Order Mechanism, Block Order Mechanism or Price Improvement Mechanism (``PIM''). \4\ The term Market Maker refers to ``Competitive Market Makers'' and ``Primary Market Makers'' collectively. See Rule 100(a)(25). \5\ A ``Non-ISE Gemini Market Maker'' is a market maker as defined in Section 3(a)(38) of the Securities Exchange Act of 1934, as amended, registered in the same options class on another options exchange. \6\ A ``Firm Proprietary'' order is an order submitted by a member for its own proprietary account. \7\ A ``Broker-Dealer'' order is an order submitted by a member for a broker-dealer account that is not its own proprietary account. \8\ A ``Professional Customer'' is a person or entity that is not a broker/dealer and is not a Priority Customer. \9\ ``Non[hyphen]Penny Symbols'' are options overlying all symbols excluding Penny Symbols. --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the provisions of Section 6 of the Act,\10\ in general, and Section 6(b)(4) of the Act,\11\ 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. --------------------------------------------------------------------------- \10\ 15 U.S.C. 78f. \11\ 15 U.S.C. 78f(b)(4). --------------------------------------------------------------------------- The Exchange believes that it is reasonable and equitable to increase fees for non-Priority Customer orders in Non-Penny Symbols as the proposed Taker Fee is marginally higher than ISE's current fees and is set at a level ISE believes will remain attractive to its members. Further, the proposed Taker Fee is within the range of fees charged by other options exchanges, including, for example, the Nasdaq Options Market (``NOM''), which charges a fee of $0.94 per contract for Non- Priority Customer orders in Non-Penny Pilot Symbols.\12\ Similarly, the proposed Fee for Responses to Crossing Orders in Non-Penny Symbols is being increased slightly and is appropriate to attract price improvement for Crossing Orders submitted to ISE. Further, the proposed Fee for Responses to Crossing Orders in Non-Penny Symbols is within the range of fees charged by other options exchanges, including, for example, BOX Options Exchange (``BOX''), which charges up to $1.22 per contract for non-customer responses in Non-Penny Pilot Symbols.\13\ In addition, while the Exchange is increasing the fee spread between non- Priority Customer and Priority Customer \14\ orders, the [[Page 58322]] Exchange does not believe that the proposed changes are unfairly discriminatory. 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. Thus, as has historically been the case, Priority Customer orders remain entitled to more favorable fees than other market participants. --------------------------------------------------------------------------- \12\ See NOM Fee Schedule, Chapter XV Options Pricing, Sec. 2. NASDAQ Options Market--Fees and Rebates. \13\ The fees charged by BOX to non-customers for Responses in the Solicitation of Facilitation Auction Mechanisms range from $0.20 to $0.27. See BOX Fee Schedule, Section I. Exchange Fees, C. Facilitation and Solicitation Transactions. According to the Fee Schedule, ``Responses to Facilitation and Solicitation Orders executed in these mechanisms shall be charged the `add' fee.'' Id. at Section II. Liquidity Fees and Credits, B. Facilitation and Solicitation Transactions, second bullet. The Fee for Adding Liquidity in Non-Penny Pilot Classes for all account types is $0.95. Id. at Section II. Liquidity Fees and Credits, B. Facilitation and Solicitation Transactions. Thus, BOX's fees range from $1.15 to $1.22 per contract. \14\ In contrast to the proposed Taker Fee and Fee for Responses to Crossing Orders of $0.89, Priority Customer orders that remove liquidity on ISE Gemini are charged a lower Taker Fee of $0.82 for Tier 1 and $0.81 for Tiers 2-5 and a $0.82 Fee for Responses to Crossing Orders. --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition In accordance with Section 6(b)(8) of the Act,\15\ the Exchange does not believe that the proposed rule change will impose any burden on intermarket or intramarket competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed fees are competitive with fees offered to orders executed on other options exchanges. The Exchange operates in a highly competitive market in which market participants can readily direct their order flow to competing venues. In such an environment, the Exchange must continually review, and consider adjusting, its fees to remain competitive with other exchanges. For the reasons described above, the Exchange believes that the proposed fee changes reflect this competitive environment. --------------------------------------------------------------------------- \15\ 15 U.S.C. 78f(b)(8). --------------------------------------------------------------------------- C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from members or other interested parties. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Act,\16\ and subparagraph (f)(2) of Rule 19b-4 thereunder,\17\ because it establishes a due, fee, or other charge imposed by ISE Gemini. --------------------------------------------------------------------------- \16\ 15 U.S.C. 78s(b)(3)(A)(ii). \17\ 17 CFR 240.19b-4(f)(2). --------------------------------------------------------------------------- At any time within 60 days of the filing of such proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an Email to rule-comments@sec.gov. Please include File No. SR-ISE Gemini-2015-16 on the subject line. Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-ISE Gemini-2015-16. 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 such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-ISE Gemini-2015-16 and should be submitted by October 19, 2015. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\18\ --------------------------------------------------------------------------- \18\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Robert W. Errett, Deputy Secretary. [FR Doc. 2015-24515 Filed 9-25-15; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Notices 58321
Commission and any person, other than rule change is available on the now proposes to increase its Taker Fees
those that may be withheld from the Exchange’s Internet Web site at http:// and Fees for Responses to Crossing
public in accordance with the www.ise.com, at the principal office of Orders to $0.89 per contract for all non-
provisions of 5 U.S.C. 552, will be the Exchange, and at the Commission’s Priority Customer orders executed in
available for Web site viewing and Public Reference Room. Non-Penny Symbols.
printing in the Commission’s Public
II. Self-Regulatory Organization’s 2. Statutory Basis
Reference Room, 100 F Street NE.,
Statement of the Purpose of, and The Exchange believes that the
Washington, DC 20549, on official
Statutory Basis for, the Proposed Rule proposed rule change is consistent with
business days between the hours of
Change the provisions of Section 6 of the Act,10
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for In its filing with the Commission, the in general, and Section 6(b)(4) of the
inspection and copying at the principal Exchange included statements Act,11 in particular, in that it is designed
office of the Exchange. All comments concerning the purpose of, and basis for, to provide for the equitable allocation of
received will be posted without change; the proposed rule change and discussed reasonable dues, fees, and other charges
the Commission does not edit personal any comments it received on the among its members and other persons
identifying information from proposed rule change. The text of these using its facilities.
submissions. You should submit only statements may be examined at the The Exchange believes that it is
information that you wish to make places specified in Item IV below. The reasonable and equitable to increase fees
available publicly. self-regulatory organization has for non-Priority Customer orders in
All submissions should refer to File prepared summaries, set forth in Non-Penny Symbols as the proposed
Number SR–NYSE–2015–39 and should Sections A, B and C below, of the most Taker Fee is marginally higher than
be submitted on or before October 19, significant aspects of such statements. ISE’s current fees and is set at a level
2015. A. Self-Regulatory Organization’s ISE believes will remain attractive to its
For the Commission, by the Division of Statement of the Purpose of, and members. Further, the proposed Taker
Trading and Markets, pursuant to delegated Statutory Basis for, the Proposed Rule Fee is within the range of fees charged
authority.15 Change by other options exchanges, including,
Robert W. Errett, for example, the Nasdaq Options Market
Deputy Secretary.
1. Purpose (‘‘NOM’’), which charges a fee of $0.94
[FR Doc. 2015–24517 Filed 9–25–15; 8:45 am] The Exchange proposes to amend its per contract for Non-Priority Customer
BILLING CODE 8011–01–P Schedule of Fees to increase Taker Fees orders in Non-Penny Pilot Symbols.12
and Fees for Responses to Crossing Similarly, the proposed Fee for
Orders 3 (excluding PIM orders) for Responses to Crossing Orders in Non-
SECURITIES AND EXCHANGE Market Maker,4 Non-ISE Gemini Market Penny Symbols is being increased
COMMISSION Maker,5 Firm Proprietary 6/Broker- slightly and is appropriate to attract
Dealer,7 and Professional Customer 8 price improvement for Crossing Orders
[Release No. 34–75959; File No. SR–ISE submitted to ISE. Further, the proposed
(collectively, ‘‘non-Priority Customer’’)
Gemini–2015–16]
orders in Non-Penny Symbols.9 In Non- Fee for Responses to Crossing Orders in
Self-Regulatory Organizations; ISE Penny Symbols, the current Taker Fee Non-Penny Symbols is within the range
Gemini, LLC; Notice of Filing and for Market Maker orders is $0.86 per of fees charged by other options
Immediate Effectiveness of Proposed contract, and the current Taker Fee for exchanges, including, for example, BOX
Rule Change To Amend the Schedule Non-ISE Gemini Market Maker, Firm Options Exchange (‘‘BOX’’), which
of Fees Proprietary/Broker Dealer, and charges up to $1.22 per contract for non-
Professional Customer orders is $0.87 customer responses in Non-Penny Pilot
September 22, 2015. per contract. Additionally, ISE Gemini Symbols.13 In addition, while the
Pursuant to Section 19(b)(1) of the charges Fees for Responses to Crossing Exchange is increasing the fee spread
Securities Exchange Act of 1934 (the Orders that are equivalent to the Taker between non-Priority Customer and
‘‘Act’’),1 and Rule 19b–4 thereunder,2 Fees described above. The Exchange Priority Customer 14 orders, the
notice is hereby given that on
September 11, 2015, ISE Gemini, LLC 3 ‘‘Responses to Crossing Orders’’ are any contra- 10 15 U.S.C. 78f.
(the ‘‘Exchange’’ or ‘‘ISE Gemini’’) filed side interest (i.e., orders & quotes) submitted after 11 15 U.S.C. 78f(b)(4).
the commencement of an auction in the Exchange’s 12 See NOM Fee Schedule, Chapter XV Options
with the Securities and Exchange Facilitation Mechanism, Solicited Order Pricing, Sec. 2. NASDAQ Options Market—Fees
Commission the proposed rule change, Mechanism, Block Order Mechanism or Price and Rebates.
as described in Items I, II, and III below, Improvement Mechanism (‘‘PIM’’). 13 The fees charged by BOX to non-customers for
4 The term Market Maker refers to ‘‘Competitive
which Items have been prepared by the Responses in the Solicitation of Facilitation
Market Makers’’ and ‘‘Primary Market Makers’’ Auction Mechanisms range from $0.20 to $0.27. See
self-regulatory organization. The collectively. See Rule 100(a)(25). BOX Fee Schedule, Section I. Exchange Fees, C.
Commission is publishing this notice to 5 A ‘‘Non-ISE Gemini Market Maker’’ is a market
Facilitation and Solicitation Transactions.
solicit comments on the proposed rule maker as defined in Section 3(a)(38) of the According to the Fee Schedule, ‘‘Responses to
change from interested persons. Securities Exchange Act of 1934, as amended, Facilitation and Solicitation Orders executed in
registered in the same options class on another these mechanisms shall be charged the ‘add’ fee.’’
I. Self-Regulatory Organization’s options exchange. Id. at Section II. Liquidity Fees and Credits, B.
Statement of the Terms of Substance of 6 A ‘‘Firm Proprietary’’ order is an order
Facilitation and Solicitation Transactions, second
the Proposed Rule Change submitted by a member for its own proprietary bullet. The Fee for Adding Liquidity in Non-Penny
account. Pilot Classes for all account types is $0.95. Id. at
tkelley on DSK3SPTVN1PROD with NOTICES
ISE Gemini proposes to amend the 7 A ‘‘Broker-Dealer’’ order is an order submitted Section II. Liquidity Fees and Credits, B.
Schedule of Fees as described in more by a member for a broker-dealer account that is not Facilitation and Solicitation Transactions. Thus,
its own proprietary account. BOX’s fees range from $1.15 to $1.22 per contract.
detail below. The text of the proposed 8 A ‘‘Professional Customer’’ is a person or entity 14 In contrast to the proposed Taker Fee and Fee
that is not a broker/dealer and is not a Priority for Responses to Crossing Orders of $0.89, Priority
15 See 17 CFR 200.30–3(a)(12). Customer. Customer orders that remove liquidity on ISE
1 15 U.S.C. 78s(b)(1). 9 ‘‘Non-Penny Symbols’’ are options overlying all Gemini are charged a lower Taker Fee of $0.82 for
2 17 CFR 240.19b–4. symbols excluding Penny Symbols. Continued
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![58322 Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Notices
Exchange does not believe that the due, fee, or other charge imposed by ISE the Commission does not edit personal
proposed changes are unfairly Gemini. identifying information from
discriminatory. A Priority Customer is At any time within 60 days of the submissions. You should submit only
by definition not a broker or dealer in filing of such proposed rule change, the information that you wish to make
securities, and does not place more than Commission summarily may available publicly. All submissions
390 orders in listed options per day on temporarily suspend such rule change if should refer to File Number SR–ISE
average during a calendar month for its it appears to the Commission that such Gemini–2015–16 and should be
own beneficial account(s). This action is necessary or appropriate in the submitted by October 19, 2015.
limitation does not apply to participants public interest, for the protection of For the Commission, by the Division of
whose behavior is substantially similar investors, or otherwise in furtherance of Trading and Markets, pursuant to delegated
to that of market professionals, the purposes of the Act. If the authority.18
including Professional Customers, who Commission takes such action, the Robert W. Errett,
will generally submit a higher number Commission shall institute proceedings
Deputy Secretary.
of orders (many of which do not result to determine whether the proposed rule
[FR Doc. 2015–24515 Filed 9–25–15; 8:45 am]
in executions) than Priority Customers. should be approved or disapproved.
BILLING CODE 8011–01–P
Thus, as has historically been the case, IV. Solicitation of Comments
Priority Customer orders remain entitled
to more favorable fees than other market Interested persons are invited to
submit written data, views, and SECURITIES AND EXCHANGE
participants. COMMISSION
arguments concerning the foregoing,
B. Self-Regulatory Organization’s including whether the proposed rule [Release Nos. 33–9924; 34–75961; File No.
Statement on Burden on Competition change is consistent with the Act. 265–28]
In accordance with Section 6(b)(8) of Comments may be submitted by any of
the Act,15 the Exchange does not believe the following methods: Investor Advisory Committee Meeting
that the proposed rule change will Electronic Comments AGENCY: Securities and Exchange
impose any burden on intermarket or Commission.
• Use the Commission’s Internet
intramarket competition that is not ACTION: Notice of Meeting of Securities
comment form (http://www.sec.gov/
necessary or appropriate in furtherance and Exchange Commission Dodd-Frank
rules/sro.shtml); or
of the purposes of the Act. The • Send an Email to rule-comments@ Investor Advisory Committee.
proposed fees are competitive with fees sec.gov. Please include File No. SR–ISE
offered to orders executed on other Gemini–2015–16 on the subject line. SUMMARY: The Securities and Exchange
options exchanges. The Exchange Commission Investor Advisory
operates in a highly competitive market Paper Comments Committee, established pursuant to
in which market participants can • Send paper comments in triplicate Section 911 of the Dodd-Frank Wall
readily direct their order flow to to Secretary, Securities and Exchange Street Reform and Consumer Protection
competing venues. In such an Commission, 100 F Street NE., Act of 2010, is providing notice that it
environment, the Exchange must Washington, DC 20549–1090. will hold a public meeting. The public
continually review, and consider All submissions should refer to File is invited to submit written statements
adjusting, its fees to remain competitive Number SR–ISE Gemini–2015–16. This to the Committee.
with other exchanges. For the reasons file number should be included on the DATES: The meeting will be held on
described above, the Exchange believes subject line if email is used. To help the Thursday, October 15, 2015 from 10:00
that the proposed fee changes reflect Commission process and review your a.m. until 4:00 p.m. (ET). Written
this competitive environment. comments more efficiently, please use statements should be received on or
C. Self-Regulatory Organization’s only one method. The Commission will before October 15, 2015.
Statement on Comments on the post all comments on the Commission’s ADDRESSES: The meeting will be held in
Proposed Rule Change Received From Internet Web site (http://www.sec.gov/ Multi-Purpose Room LL–006 at the
Members, Participants or Others rules/sro.shtml). Copies of the Commission’s headquarters, 100 F
submission, all subsequent Street, NE., Washington, DC 20549. The
The Exchange has not solicited, and amendments, all written statements
does not intend to solicit, comments on meeting will be webcast on the
with respect to the proposed rule Commission’s Web site at www.sec.gov.
this proposed rule change. The change that are filed with the
Exchange has not received any Written statements may be submitted by
Commission, and all written any of the following methods:
unsolicited written comments from communications relating to the
members or other interested parties. proposed rule change between the Electronic Statements
III. Date of Effectiveness of the Commission and any person, other than D Use the Commission’s Internet
Proposed Rule Change and Timing for those that may be withheld from the submission form(http://www.sec.gov/
Commission Action public in accordance with the rules/other.shtml); or
The foregoing rule change has become
provisions of 5 U.S.C. 552, will be D Send an email message to rules-
available for Web site viewing and comments@sec.gov. Please include File
effective pursuant to Section
printing in the Commission’s Public No. 265–28 on the subject line; or
19(b)(3)(A)(ii) of the Act,16 and
Reference Room, 100 F Street NE.,
subparagraph (f)(2) of Rule 19b–4 Paper Statements
tkelley on DSK3SPTVN1PROD with NOTICES
Washington, DC 20549 on official
thereunder,17 because it establishes a
business days between the hours of D Send paper statements to Brent J.
10:00 a.m. and 3:00 p.m. Copies of such Fields, Secretary, Securities and
Tier 1 and $0.81 for Tiers 2–5 and a $0.82 Fee for
Responses to Crossing Orders. filing also will be available for Exchange Commission, 100 F Street NE.,
15 15 U.S.C. 78f(b)(8). inspection and copying at the principal Washington, DC 20549–1090.
16 15 U.S.C. 78s(b)(3)(A)(ii). office of the Exchange. All comments
17 17 CFR 240.19b–4(f)(2). received will be posted without change; 18 17 CFR 200.30–3(a)(12).
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Document Created: 2018-02-26 10:22:07
Document Modified: 2018-02-26 10:22:07
| Category | Regulatory Information | |
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| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| FR Citation | 80 FR 58321 |
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