80 FR 64037 - 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 204 (October 22, 2015)

[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Notices]
[Pages 64037-64038]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26806]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76173; File No. SR-ISE-2015-32]


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

October 16, 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 October 1, 2015, the International Securities Exchange, LLC 
(the ``Exchange'' or ``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

    ISE proposes to amend the Schedule of Fees as described in more 
detail below. The text of the proposed rule change is available on the 
Exchange's 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 purpose of this proposed rule change is to amend the Schedule 
of Fees to modify the route-out fee applicable to Priority Customer\3\ 
orders in Non-Select Symbols.\4\ The Exchange presently charges 
Priority Customers route-out fees for orders routed to away markets 
pursuant to the Options Order Protection and Locked/Crossed Market Plan 
(the ``Plan''). Specifically, Priority Customer orders pay a route-out 
fee of $0.48 per contract in Select Symbols (including SPY),\5\ and 
$0.48 per contract in Non-Select Symbols.
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    \3\ A Priority Customer is defined in ISE Rule 100(a)(37A) as a 
person or entity that (i) is not a broker or dealer in securities, 
and (ii) does not place more than 390 orders in listed options per 
day on average during a calendar month for its own beneficial 
account(s).
    \4\ ``Non- Select Symbols'' are options overlying all symbols 
excluding Select Symbols.
    \5\ ``Select Symbols'' are options overlying all symbols listed 
on ISE that are in the Penny Pilot Program.
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    The Exchange now proposes to charge Priority Customers a route-out 
fee of $0.70 per contract for orders in Non-Select Symbols. The route-
out fee applicable to Priority Customer orders in Select Symbols 
(including SPY) is not being changed.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6 of the Act,\6\ in general, and Section 
6(b)(4) of the Act,\7\ 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.
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    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
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    In particular, the Exchange believes the proposed route-out fee is 
reasonable and equitable because it offsets costs incurred by the 
Exchange in connection with using unaffiliated broker-dealers to route 
Priority Customer orders to other exchanges for linkage executions. 
Furthermore, the Exchange believes that the proposed fee is not 
unfairly discriminatory because the route-out fee for Priority Customer 
orders in Non-Select Symbols, as has historically been the case, 
remains lower than fees for orders from other market participants, 
including Professional Customer and Non-Customer orders.
    The Exchange believes that it is equitable and not unfairly 
discriminatory to charge a lower route-out fee applicable to Priority 
Customer orders than Professional Customer and Non-Customer orders 
because 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). Further, the Exchange believes that the proposed fees are 
not unfairly discriminatory because these fees would be uniformly 
applied to all Priority Customer orders. As fees to access liquidity 
for Priority Customer orders have risen at other exchanges, it has 
become necessary for the Exchange to raise routing fees in order to 
recoup the higher costs.

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

    In accordance with Section 6(b)(8) of the Act,\8\ 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 as it simply 
increases fees for routing Priority Customer orders in Non-Select 
Symbols and will uniformly apply to all Priority Customer orders that 
are routed out to other exchanges for linkage executions. Furthermore, 
the fee change does not impact intra-market competition as the route 
out fee applies to orders routed to away markets.
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    \8\ 15 U.S.C. 78f(b)(8).
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    The Exchange notes that members can and do route these orders to 
other markets or specify that ISE not route orders away on their 
behalf. As such, the Exchange operates in a highly competitive market 
in which market participants can readily direct their

[[Page 64038]]

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 change reflects this 
competitive environment.

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,\9\ and subparagraph (f)(2) of Rule 19b-4 
thereunder,\10\ because it establishes a due, fee, or other charge 
imposed by ISE.
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    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \10\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File No. SR-ISE-2015-32 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-2015-32. 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-2015-32 and should be 
submitted by November 12, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-26806 Filed 10-21-15; 8:45 am]
BILLING CODE 8011-01-P