80_FR_66037 80 FR 65830 - Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees

80 FR 65830 - 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 207 (October 27, 2015)

Page Range65830-65832
FR Document2015-27224

Federal Register, Volume 80 Issue 207 (Tuesday, October 27, 2015)
[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Notices]
[Pages 65830-65832]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27224]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76214; File No. SR-ISEGemini-2015-21]


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

October 21, 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 7, 2015, ISE Gemini, LLC (the ``Exchange'' or ``ISE 
Gemini'') filed with the Securities and Exchange Commission 
(``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 Gemini proposes to amend the Schedule of Fees to adjust the 
maker rebates provided to Non-ISE Gemini Market Maker, Firm 
Proprietary/Broker-Dealer, and Professional Customer orders by adopting 
a new Performance Routing Program 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.

[[Page 65831]]

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Currently, the Exchange provides maker rebates to Firm Proprietary 
\3\/Broker-Dealer \4\ and Professional Customer \5\ orders in four 
tiers based on the member's maker average daily volume (``ADV'') in 
Firm Proprietary/Broker-Dealer and Professional Customer orders. 
Members must execute an ADV of 9,999 contracts or fewer for Tier 1, 
from 10,000-24,999 contracts for Tier 2, from 25,000-39,999 contracts 
for Tier 3, and 40,000 or more contracts for Tier 4. Based on the tier 
achieved, Firm Proprietary/Broker-Dealer and Professional Customer 
orders in Penny Symbols \6\ are entitled to a maker rebate of $0.25 per 
contract for Tier 1, $0.30 per contract for Tier 2, $0.35 per contract 
for Tier 3, and $0.40 per contract for Tier 4. In Non-Penny Symbols,\7\ 
this maker rebate is $0.35 per contract for Tier 1, $0.45 per contract 
for Tier 2, $0.55 per contract for Tier 3, and $0.65 per contract for 
Tier 4. In order to attract additional order flow, Exchange proposes to 
eliminate the current tiers, and replace them with a new Performance 
Routing Program (``PRP'') that the Exchange believes will be more 
attractive to members.
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    \3\ A ``Firm Proprietary'' order is an order submitted by a 
member for its own proprietary account.
    \4\ A ``Broker-Dealer'' order is an order submitted by a member 
for a broker-dealer account that is not its own proprietary account.
    \5\ A ``Professional Customer'' is a person or entity that is 
not a broker/dealer and is not a Priority Customer.
    \6\ ``Penny Symbols'' are options overlying all symbols listed 
on ISE Gemini that are in the Penny Pilot Program.
    \7\ ``Non-Penny Symbols'' are options overlying all symbols 
excluding Penny Symbols.
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    The proposed rebates under the PRP will be based on each member's 
maker ADV in Non-ISE Gemini Market Maker,\8\ Firm Proprietary/Broker-
Dealer and Professional Customer orders that improve the national best 
bid or offer (``NBBO'') in a series at the time of order entry (``PRP 
eligible contracts''). As proposed, members that execute an ADV of 
9,999 PRP eligible contracts or fewer will be entitled to a maker 
rebate of $0.25 per contract in both Penny Symbols and Non-Penny 
Symbols for their Non-ISE Gemini Market Maker, Firm Proprietary/Broker-
Dealer and Professional Customer orders. Members that execute an ADV of 
10,000 or more PRP eligible contracts will be entitled to a maker 
rebate of $0.47 per contract in Penny Symbols and $0.71 per contract in 
Non-Penny Symbols for the above market participant types if the order 
improves the NBBO in the series at the time it is entered.\9\ As an 
additional incentive, members that qualify for the higher tier of PRP 
rebates by executing an ADV of 10,000 or more PRP eligible contracts 
will also be entitled to a maker rebate of $0.40 per contract in Penny 
Symbols and $0.65 per contract in Non-Penny Symbols for their Non-ISE 
Gemini Market Maker, Firm Proprietary/Broker-Dealer, and Professional 
Customer orders that do not improve the NBBO at the time of order 
entry.
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    \8\ 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. Non-ISE Gemini Market Makers currently earn a flat maker 
rebate of $0.25 per contract for all tiers in Penny and Non-Penny 
Symbols. The PRP introduces tiered maker rebates for Non-ISE Gemini 
Market Makers for the first time.
    \9\ As is the case today, all eligible volume from affiliated 
members will be aggregated in determining applicable tiers, provided 
there is at least 75% common ownership between the members as 
reflected on each member's Form BD, Schedule A. Members that achieve 
the higher tier threshold will be eligible for the enhanced rebates 
for all eligible orders executed during the month.
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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 
eliminate the current standalone tiers for Firm Proprietary/Broker-
Dealer and Professional Customer orders as this rebate program being 
replaced with a new rebate program that is designed to be more 
attractive to members. The PRP is similar to a program offered on the 
BATS Options Exchange (``BATS''),\12\ and will benefit the members that 
qualify for enhanced rebates as well as other members that can trade in 
a tighter and more liquid market. With the proposed changes, Non-ISE 
Gemini Market Maker, Firm Proprietary/Broker-Dealer, and Professional 
Customer orders in the lowest tier will be entitled to a maker rebate 
in Penny and Non-Penny Symbols that is the same as the rebate currently 
provided as a ``Tier 1'' rebate for Firm Proprietary/Broker-Dealer and 
Professional Customer orders in Penny Symbols as well as the flat 
rebate provided to Non-ISE Gemini Market Maker orders in both Penny and 
Non-Penny Symbols. Members that execute a larger volume of PRP eligible 
contracts will receive higher rebates that compare favorably to the 
rebates provided on the Exchange today. In particular, the proposed 
maker rebates for non-NBBO setting orders in Penny and Non-Penny 
Symbols executed by members that meet the volume requirements for the 
higher PRP tier are equivalent to the rebates provided today based on 
the highest volume tier of Firm Proprietary/Broker-Dealer and 
Professional Customer orders, and significantly higher than the current 
flat maker rebate for Non-ISE Gemini Market Maker orders.\13\ For 
orders executed by these members that improve the NBBO, the proposed 
maker rebate is higher than anything offered on the Exchange today for 
these market participants. The Exchange believes that introducing a PRP 
rebate program will encourage members to enter orders that improve the 
NBBO, which will create more trading opportunities at better prices for 
all market participants that trade on the Exchange.
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    \12\ See BATS Fee Schedule, NBBO Setter Tiers.
    \13\ The Exchange notes that members that achieve the PRP volume 
threshold will be entitled to enhanced rebates on all orders, not 
just orders that improve the NBBO. The Exchange believes that it is 
reasonable and equitable to provide enhanced rebates on all orders 
as this creates an added incentive for members to qualify for PRP. 
However, the Exchange believes that it is important to offer the 
highest level of rebate specifically to those orders that improve 
the NBBO.
---------------------------------------------------------------------------

    The Exchange further believes that the proposed fee change is not 
unfairly discriminatory as it provides equal rebates to Non-ISE Gemini 
Market Maker, Firm Proprietary/Broker-Dealer, and Professional Customer 
orders. The Exchange notes that, with the proposed fee change, Non-ISE 
Gemini Market Makers will now be entitled to tiered rebates similar to 
other market participants. Priority Customer \14\ and Market Maker \15\ 
rebates, which have been successful in attracting that order flow to 
the Exchange, will remain at current levels. The Exchange does not 
believe that it is unfairly discriminatory to provide higher rebates to 
Priority Customer orders. As has historically been the case, Priority 
Customer orders remain entitled to more favorable fees and rebates than 
other market participants in order to encourage this order flow. A 
Priority Customer is by

[[Page 65832]]

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. Similarly, while Market 
Maker orders may receive higher or lower rebates depending on the tier 
achieved, the Exchange does not believe that this is unfairly 
discriminatory as it reflects the different mix of benefits and 
obligations applicable to Market Makers that trade on the Exchange. 
Market Makers currently receive tiered rebates based on their volume 
executed on the Exchange, without the additional requirement that those 
orders improve the NBBO. As such, the Exchange believes that it is not 
unfairly discriminatory to provide potentially higher rebates to other 
market participants that have demonstrated a high level of commitment 
to the Exchange by entering orders that improve the NBBO.
---------------------------------------------------------------------------

    \14\ 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).
    \15\ The term Market Maker refers to ``Competitive Market 
Makers'' and ``Primary Market Makers'' collectively. See Rule 
100(a)(25).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,\16\ 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 fee 
change is designed to provide more attractive rebates to ISE Gemini 
members, and will compete with rebate programs offered by competitor 
exchanges such as BATS. 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.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f(b)(8).
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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,\17\ and subparagraph (f)(2) of Rule 19b-4 
thereunder,\18\ because it establishes a due, fee, or other charge 
imposed by ISE Gemini.
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    \17\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \18\ 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 Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-ISEGemini-2015-21 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-ISEGemini-2015-21. 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-ISEGemini-2015-21, and 
should be submitted on or before November 17, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-27224 Filed 10-26-15; 8:45 am]
BILLING CODE 8011-01-P



                                              65830                        Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Notices

                                              C. Self-Regulatory Organization’s                         • Send an email to rule-comments@                   SECURITIES AND EXCHANGE
                                              Statement on Comments on the                            sec.gov. Please include File Number SR–               COMMISSION
                                              Proposed Rule Change Received From                      BATS–2015–90 on the subject line.
                                              Members, Participants, or Others                                                                              [Release No. 34–76214; File No. SR–
                                                                                                      Paper Comments
                                                The Exchange has neither solicited                                                                          ISEGemini–2015–21]
                                              nor received written comments on the                      • Send paper comments in triplicate
                                              proposed rule change.                                   to Brent J. Fields, Secretary, Securities             Self-Regulatory Organizations; ISE
                                                                                                      and Exchange Commission, 100 F Street                 Gemini, LLC; Notice of Filing and
                                              III. Date of Effectiveness of the                       NE., Washington, DC 20549–1090.                       Immediate Effectiveness of Proposed
                                              Proposed Rule Change and Timing for                                                                           Rule Change To Amend the Schedule
                                              Commission Action                                       All submissions should refer to File                  of Fees
                                                                                                      Number SR–BATS–2015–90. This file
                                                 The Exchange has designated this rule                number should be included on the                      October 21, 2015.
                                              filing as non-controversial under                       subject line if email is used. To help the
                                              Section 19(b)(3)(A) of the Act 15 and                                                                            Pursuant to Section 19(b)(1) of the
                                                                                                      Commission process and review your                    Securities Exchange Act of 1934 (the
                                              paragraph (f)(6) of Rule 19b–4                          comments more efficiently, please use
                                              thereunder.16 The proposed rule change                                                                        ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                      only one method. The Commission will                  notice is hereby given that on October
                                              effects a change that (A) does not
                                                                                                      post all comments on the Commission’s                 7, 2015, ISE Gemini, LLC (the
                                              significantly affect the protection of
                                              investors or the public interest; (B) does              Internet Web site (http://www.sec.gov/                ‘‘Exchange’’ or ‘‘ISE Gemini’’) filed with
                                              not impose any significant burden on                    rules/sro.shtml). Copies of the                       the Securities and Exchange
                                              competition; and (C) by its terms, does                 submission, all subsequent                            Commission (‘‘Commission’’) the
                                              not become operative for 30 days after                  amendments, all written statements                    proposed rule change, as described in
                                              the date of the filing, or such shorter                 with respect to the proposed rule                     Items I, II, and III below, which Items
                                              time as the Commission may designate                    change that are filed with the                        have been prepared by the self-
                                              if consistent with the protection of                    Commission, and all written                           regulatory organization. The
                                              investors and the public interest;                      communications relating to the                        Commission is publishing this notice to
                                              provided that the self-regulatory                       proposed rule change between the                      solicit comments on the proposed rule
                                              organization has given the Commission                   Commission and any person, other than                 change from interested persons.
                                              written notice of its intent to file the                those that may be withheld from the
                                              proposed rule change, along with a brief                public in accordance with the                         I. Self-Regulatory Organization’s
                                              description and text of the proposed                    provisions of 5 U.S.C. 552, will be                   Statement of the Terms of Substance of
                                              rule change, at least five business days                available for Web site viewing and                    the Proposed Rule Change
                                              prior to the date of filing of the                      printing in the Commission’s Public
                                              proposed rule change, or such shorter                                                                           ISE Gemini proposes to amend the
                                                                                                      Reference Room, 100 F Street NE.,
                                              time as designated by the                                                                                     Schedule of Fees to adjust the maker
                                                                                                      Washington, DC 20549 on official
                                              Commission.17                                                                                                 rebates provided to Non-ISE Gemini
                                                                                                      business days between the hours of
                                                                                                                                                            Market Maker, Firm Proprietary/Broker-
                                                 At any time within 60 days of the                    10:00 a.m. and 3:00 p.m. Copies of such
                                              filing of the proposed rule change, the                                                                       Dealer, and Professional Customer
                                                                                                      filing also will be available for
                                              Commission may summarily                                                                                      orders by adopting a new Performance
                                                                                                      inspection and copying at the principal
                                              temporarily suspend such rule change if                                                                       Routing Program as described in more
                                                                                                      office of the Exchange. All comments
                                              it appears to the Commission that such                                                                        detail below. The text of the proposed
                                                                                                      received will be posted without change;
                                              action is: (1) Necessary or appropriate in                                                                    rule change is available on the
                                                                                                      the Commission does not edit personal
                                              the public interest; (2) for the protection                                                                   Exchange’s Internet Web site at http://
                                                                                                      identifying information from
                                              of investors; or (3) otherwise in                                                                             www.ise.com, at the principal office of
                                                                                                      submissions. You should submit only
                                              furtherance of the purposes of the Act.                                                                       the Exchange, and at the Commission’s
                                                                                                      information that you wish to make
                                              If the Commission takes such action, the                                                                      Public Reference Room.
                                                                                                      available publicly. All submissions
                                              Commission shall institute proceedings
                                                                                                      should refer to File Number SR–BATS–                  II. Self-Regulatory Organization’s
                                              to determine whether the proposed rule
                                                                                                      2015–90, and should be submitted on or                Statement of the Purpose of, and
                                              should be approved or disapproved.
                                                                                                      before November 16, 2015.                             Statutory Basis for, the Proposed Rule
                                              IV. Solicitation of Comments                              For the Commission, by the Division of              Change
                                                Interested persons are invited to                     Trading and Markets, pursuant to delegated
                                                                                                                                                              In its filing with the Commission, the
                                              submit written data, views, and                         authority.18
                                                                                                                                                            Exchange included statements
                                              arguments concerning the foregoing,                     Brent J. Fields,                                      concerning the purpose of, and basis for,
                                              including whether the proposed rule                     Secretary.                                            the proposed rule change and discussed
                                              change is consistent with the Act.                      [FR Doc. 2015–27221 Filed 10–26–15; 8:45 am]          any comments it received on the
                                              Comments may be submitted by any of                     BILLING CODE 8011–01–P                                proposed rule change. The text of these
                                              the following methods:                                                                                        statements may be examined at the
                                              Electronic Comments                                                                                           places specified in Item IV below. The
                                                                                                                                                            self-regulatory organization has
tkelley on DSK3SPTVN1PROD with NOTICES




                                                • Use the Commission’s Internet                                                                             prepared summaries, set forth in
                                              comment form (http://www.sec.gov/
                                                                                                                                                            Sections A, B and C below, of the most
                                              rules/sro.shtml); or
                                                                                                                                                            significant aspects of such statements.
                                                15 15U.S.C. 78s(b)(3)(A).
                                                16 17                                                                                                         1 15   U.S.C. 78s(b)(1).
                                                     CFR 240.19b–4.
                                                17 The Exchange has satisfied this requirement.         18 17   CFR 200.30–3(a)(12).                          2   17 CFR 240.19b–4.



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                                                                            Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Notices                                                     65831

                                              A. Self-Regulatory Organization’s                        Symbols and Non-Penny Symbols for                     Market Maker orders in both Penny and
                                              Statement of the Purpose of, and                         their Non-ISE Gemini Market Maker,                    Non-Penny Symbols. Members that
                                              Statutory Basis for, the Proposed Rule                   Firm Proprietary/Broker-Dealer and                    execute a larger volume of PRP eligible
                                              Change                                                   Professional Customer orders. Members                 contracts will receive higher rebates that
                                                                                                       that execute an ADV of 10,000 or more                 compare favorably to the rebates
                                              1. Purpose
                                                                                                       PRP eligible contracts will be entitled to            provided on the Exchange today. In
                                                 Currently, the Exchange provides                      a maker rebate of $0.47 per contract in               particular, the proposed maker rebates
                                              maker rebates to Firm Proprietary 3/                     Penny Symbols and $0.71 per contract                  for non-NBBO setting orders in Penny
                                              Broker-Dealer 4 and Professional                         in Non-Penny Symbols for the above                    and Non-Penny Symbols executed by
                                              Customer 5 orders in four tiers based on                 market participant types if the order                 members that meet the volume
                                              the member’s maker average daily                         improves the NBBO in the series at the                requirements for the higher PRP tier are
                                              volume (‘‘ADV’’) in Firm Proprietary/                    time it is entered.9 As an additional                 equivalent to the rebates provided today
                                              Broker-Dealer and Professional                           incentive, members that qualify for the               based on the highest volume tier of Firm
                                              Customer orders. Members must execute                    higher tier of PRP rebates by executing               Proprietary/Broker-Dealer and
                                              an ADV of 9,999 contracts or fewer for                   an ADV of 10,000 or more PRP eligible                 Professional Customer orders, and
                                              Tier 1, from 10,000–24,999 contracts for                 contracts will also be entitled to a maker            significantly higher than the current flat
                                              Tier 2, from 25,000–39,999 contracts for                 rebate of $0.40 per contract in Penny                 maker rebate for Non-ISE Gemini
                                              Tier 3, and 40,000 or more contracts for                 Symbols and $0.65 per contract in Non-                Market Maker orders.13 For orders
                                              Tier 4. Based on the tier achieved, Firm                 Penny Symbols for their Non-ISE                       executed by these members that
                                              Proprietary/Broker-Dealer and                            Gemini Market Maker, Firm Proprietary/                improve the NBBO, the proposed maker
                                              Professional Customer orders in Penny                    Broker-Dealer, and Professional                       rebate is higher than anything offered on
                                              Symbols 6 are entitled to a maker rebate                 Customer orders that do not improve the               the Exchange today for these market
                                              of $0.25 per contract for Tier 1, $0.30                  NBBO at the time of order entry.                      participants. The Exchange believes that
                                              per contract for Tier 2, $0.35 per                                                                             introducing a PRP rebate program will
                                              contract for Tier 3, and $0.40 per                       2. Statutory Basis
                                                                                                                                                             encourage members to enter orders that
                                              contract for Tier 4. In Non-Penny                           The Exchange believes that the                     improve the NBBO, which will create
                                              Symbols,7 this maker rebate is $0.35 per                 proposed rule change is consistent with               more trading opportunities at better
                                              contract for Tier 1, $0.45 per contract for              the provisions of Section 6 of the Act,10             prices for all market participants that
                                              Tier 2, $0.55 per contract for Tier 3, and               in general, and Section 6(b)(4) of the                trade on the Exchange.
                                              $0.65 per contract for Tier 4. In order to               Act,11 in particular, in that it is designed             The Exchange further believes that the
                                              attract additional order flow, Exchange                  to provide for the equitable allocation of            proposed fee change is not unfairly
                                              proposes to eliminate the current tiers,                 reasonable dues, fees, and other charges              discriminatory as it provides equal
                                              and replace them with a new                              among its members and other persons                   rebates to Non-ISE Gemini Market
                                              Performance Routing Program (‘‘PRP’’)                    using its facilities.                                 Maker, Firm Proprietary/Broker-Dealer,
                                              that the Exchange believes will be more                     The Exchange believes that it is                   and Professional Customer orders. The
                                              attractive to members.                                   reasonable and equitable to eliminate                 Exchange notes that, with the proposed
                                                 The proposed rebates under the PRP                    the current standalone tiers for Firm                 fee change, Non-ISE Gemini Market
                                              will be based on each member’s maker                     Proprietary/Broker-Dealer and                         Makers will now be entitled to tiered
                                              ADV in Non-ISE Gemini Market Maker,8                     Professional Customer orders as this                  rebates similar to other market
                                              Firm Proprietary/Broker-Dealer and                       rebate program being replaced with a                  participants. Priority Customer 14 and
                                              Professional Customer orders that                        new rebate program that is designed to                Market Maker 15 rebates, which have
                                              improve the national best bid or offer                   be more attractive to members. The PRP                been successful in attracting that order
                                              (‘‘NBBO’’) in a series at the time of order              is similar to a program offered on the                flow to the Exchange, will remain at
                                              entry (‘‘PRP eligible contracts’’). As                   BATS Options Exchange (‘‘BATS’’),12                   current levels. The Exchange does not
                                              proposed, members that execute an                        and will benefit the members that                     believe that it is unfairly discriminatory
                                              ADV of 9,999 PRP eligible contracts or                   qualify for enhanced rebates as well as               to provide higher rebates to Priority
                                              fewer will be entitled to a maker rebate                 other members that can trade in a tighter             Customer orders. As has historically
                                              of $0.25 per contract in both Penny                      and more liquid market. With the                      been the case, Priority Customer orders
                                                                                                       proposed changes, Non-ISE Gemini                      remain entitled to more favorable fees
                                                 3 A ‘‘Firm Proprietary’’ order is an order            Market Maker, Firm Proprietary/Broker-                and rebates than other market
                                              submitted by a member for its own proprietary            Dealer, and Professional Customer
                                              account.                                                                                                       participants in order to encourage this
                                                 4 A ‘‘Broker-Dealer’’ order is an order submitted
                                                                                                       orders in the lowest tier will be entitled            order flow. A Priority Customer is by
                                              by a member for a broker-dealer account that is not
                                                                                                       to a maker rebate in Penny and Non-
                                              its own proprietary account.                             Penny Symbols that is the same as the                    13 The Exchange notes that members that achieve
                                                 5 A ‘‘Professional Customer’’ is a person or entity   rebate currently provided as a ‘‘Tier 1’’             the PRP volume threshold will be entitled to
                                              that is not a broker/dealer and is not a Priority        rebate for Firm Proprietary/Broker-                   enhanced rebates on all orders, not just orders that
                                              Customer.                                                Dealer and Professional Customer orders               improve the NBBO. The Exchange believes that it
                                                 6 ‘‘Penny Symbols’’ are options overlying all                                                               is reasonable and equitable to provide enhanced
                                              symbols listed on ISE Gemini that are in the Penny
                                                                                                       in Penny Symbols as well as the flat                  rebates on all orders as this creates an added
                                              Pilot Program.                                           rebate provided to Non-ISE Gemini                     incentive for members to qualify for PRP. However,
                                                 7 ‘‘Non-Penny Symbols’’ are options overlying all                                                           the Exchange believes that it is important to offer
                                              symbols excluding Penny Symbols.                            9 As is the case today, all eligible volume from   the highest level of rebate specifically to those
                                                 8 A ‘‘Non-ISE Gemini Market Maker’’ is a market       affiliated members will be aggregated in              orders that improve the NBBO.
                                              maker as defined in Section 3(a)(38) of the              determining applicable tiers, provided there is at       14 A ‘‘Priority Customer’’ is a person or entity that
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                                              Securities Exchange Act of 1934, as amended,             least 75% common ownership between the                is not a broker/dealer in securities, and does not
                                              registered in the same options class on another          members as reflected on each member’s Form BD,        place more than 390 orders in listed options per day
                                              options exchange. Non-ISE Gemini Market Makers           Schedule A. Members that achieve the higher tier      on average during a calendar month for its own
                                              currently earn a flat maker rebate of $0.25 per          threshold will be eligible for the enhanced rebates   beneficial account(s), as defined in Rule
                                              contract for all tiers in Penny and Non-Penny            for all eligible orders executed during the month.    100(a)(37A).
                                                                                                          10 15 U.S.C. 78f.
                                              Symbols. The PRP introduces tiered maker rebates                                                                  15 The term Market Maker refers to ‘‘Competitive
                                                                                                          11 15 U.S.C. 78f(b)(4).
                                              for Non-ISE Gemini Market Makers for the first                                                                 Market Makers’’ and ‘‘Primary Market Makers’’
                                              time.                                                       12 See BATS Fee Schedule, NBBO Setter Tiers.       collectively. See Rule 100(a)(25).



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                                              65832                           Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Notices

                                              definition not a broker or dealer in                       unsolicited written comments from                     Commission and any person, other than
                                              securities, and does not place more than                   members or other interested parties.                  those that may be withheld from the
                                              390 orders in listed options per day on                                                                          public in accordance with the
                                                                                                         III. Date of Effectiveness of the
                                              average during a calendar month for its                                                                          provisions of 5 U.S.C. 552, will be
                                                                                                         Proposed Rule Change and Timing for
                                              own beneficial account(s). This                                                                                  available for Web site viewing and
                                                                                                         Commission Action                                     printing in the Commission’s Public
                                              limitation does not apply to participants
                                              whose behavior is substantially similar                       The foregoing rule change has become               Reference Room, 100 F Street NE.,
                                              to that of market professionals,                           effective pursuant to Section                         Washington, DC 20549 on official
                                              including Professional Customers, who                      19(b)(3)(A)(ii) of the Act,17 and                     business days between the hours of
                                              will generally submit a higher number                      subparagraph (f)(2) of Rule 19b–4                     10:00 a.m. and 3:00 p.m. Copies of such
                                              of orders (many of which do not result                     thereunder,18 because it establishes a                filing also will be available for
                                              in executions) than Priority Customers.                    due, fee, or other charge imposed by ISE              inspection and copying at the principal
                                              Similarly, while Market Maker orders                       Gemini.                                               office of the Exchange. All comments
                                              may receive higher or lower rebates                           At any time within 60 days of the                  received will be posted without change;
                                              depending on the tier achieved, the                        filing of such proposed rule change, the              the Commission does not edit personal
                                              Exchange does not believe that this is                     Commission summarily may                              identifying information from
                                              unfairly discriminatory as it reflects the                 temporarily suspend such rule change if               submissions. You should submit only
                                              different mix of benefits and obligations                  it appears to the Commission that such                information that you wish to make
                                              applicable to Market Makers that trade                     action is necessary or appropriate in the             available publicly. All submissions
                                              on the Exchange. Market Makers                             public interest, for the protection of                should refer to File Number SR–
                                              currently receive tiered rebates based on                  investors, or otherwise in furtherance of             ISEGemini–2015–21, and should be
                                              their volume executed on the Exchange,                     the purposes of the Act. If the                       submitted on or before November 17,
                                              without the additional requirement that                    Commission takes such action, the                     2015.
                                              those orders improve the NBBO. As                          Commission shall institute proceedings                  For the Commission, by the Division of
                                              such, the Exchange believes that it is not                 to determine whether the proposed rule                Trading and Markets, pursuant to delegated
                                              unfairly discriminatory to provide                         should be approved or disapproved.                    authority.19
                                              potentially higher rebates to other                                                                              Brent J. Fields,
                                                                                                         IV. Solicitation of Comments
                                              market participants that have                                                                                    Secretary.
                                              demonstrated a high level of                                 Interested persons are invited to
                                                                                                                                                               [FR Doc. 2015–27224 Filed 10–26–15; 8:45 am]
                                              commitment to the Exchange by                              submit written data, views, and
                                                                                                                                                               BILLING CODE 8011–01–P
                                              entering orders that improve the NBBO.                     arguments concerning the foregoing,
                                                                                                         including whether the proposed rule
                                              B. Self-Regulatory Organization’s                          change is consistent with the Act.
                                              Statement on Burden on Competition                                                                               SECURITIES AND EXCHANGE
                                                                                                         Comments may be submitted by any of                   COMMISSION
                                                In accordance with Section 6(b)(8) of                    the following methods:
                                              the Act,16 the Exchange does not believe                                                                         [Release No. 34–76204; File No. SR–BATS–
                                              that the proposed rule change will                         Electronic Comments                                   2015–69]
                                              impose any burden on intermarket or                          • Use the Commission’s Internet
                                              intramarket competition that is not                        comment form (http://www.sec.gov/                     Self-Regulatory Organizations; BATS
                                              necessary or appropriate in furtherance                    rules/sro.shtml); or                                  Exchange, Inc.; Notice of Designation
                                              of the purposes of the Act. The                              • Send an email to rule-comments@                   of a Longer Period for Commission
                                              proposed fee change is designed to                         sec.gov. Please include File Number SR–               Action on a Proposed Rule Change To
                                              provide more attractive rebates to ISE                     ISEGemini–2015–21 on the subject line.                Amend Rules 1.5(r), 11.1(a), 11.23, 14.6,
                                              Gemini members, and will compete                                                                                 14.11, and 14.12 and Adopt Rule
                                                                                                         Paper Comments                                        11.1(a)(1)
                                              with rebate programs offered by
                                              competitor exchanges such as BATS.                            • Send paper comments in triplicate                October 21, 2015.
                                              The Exchange operates in a highly                          to Brent J. Fields, Secretary, Securities                On September 1, 2015, BATS
                                              competitive market in which market                         and Exchange Commission, 100 F Street                 Exchange, Inc. (the ‘‘Exchange’’ or
                                              participants can readily direct their                      NE., Washington, DC 20549–1090.                       ‘‘BATS’’) filed with the Securities and
                                              order flow to competing venues. In such                    All submissions should refer to File                  Exchange Commission (‘‘Commission’’),
                                              an environment, the Exchange must                          Number SR–ISEGemini–2015–21. This                     pursuant to Section 19(b)(1) of the
                                              continually review, and consider                           file number should be included on the                 Securities Exchange Act of 1934
                                              adjusting, its fees and rebates to remain                  subject line if email is used. To help the            (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a
                                              competitive with other exchanges. For                      Commission process and review your                    proposed rule change to amend rules
                                              the reasons described above, the                           comments more efficiently, please use                 related to the Pre-Opening Session,
                                              Exchange believes that the proposed fee                    only one method. The Commission will                  including revising: (1) Exchange Rule
                                              changes reflect this competitive                           post all comments on the Commission’s                 1.5(r) to state that the Pre-Opening
                                              environment.                                               Internet Web site (http://www.sec.gov/                Session will start at 7 a.m. rather than
                                                                                                         rules/sro.shtml). Copies of the                       8 a.m. Eastern Time; (2) Exchange Rule
                                              C. Self-Regulatory Organization’s                          submission, all subsequent                            11.1(a) regarding the hours of trading
                                              Statement on Comments on the                               amendments, all written statements                    and trading days of the Exchange to
                                              Proposed Rule Change Received From                         with respect to the proposed rule                     account for the Pre-Opening Session
                                              Members, Participants, or Others
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                                                                                                         change that are filed with the                        starting at 7 a.m. Eastern Time; and (3)
                                                The Exchange has not solicited, and                      Commission, and all written                           Exchange Rules 11.23, 14.6, 14.11, and
                                              does not intend to solicit, comments on                    communications relating to the                        14.12 to make related changes. The
                                              this proposed rule change. The                             proposed rule change between the
                                              Exchange has not received any                                                                                      19 17 CFR 200.30–3(a)(12).
                                                                                                           17 15 U.S.C. 78s(b)(3)(A)(ii).                        1 15 U.S.C. 78s(b)(1).
                                                16 15   U.S.C. 78f(b)(8).                                  18 17 CFR 240.19b–4(f)(2).                            2 17 CFR 240.19b–4.




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Document Created: 2015-12-14 15:36:26
Document Modified: 2015-12-14 15:36:26
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 65830 

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