81_FR_16296 81 FR 16238 - Self-Regulatory Organizations; ISE Mercury, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees

81 FR 16238 - Self-Regulatory Organizations; ISE Mercury, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 58 (March 25, 2016)

Page Range16238-16240
FR Document2016-06746

Federal Register, Volume 81 Issue 58 (Friday, March 25, 2016)
[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Notices]
[Pages 16238-16240]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06746]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77412; File No. SR-ISEMercury-2016-06]


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

March 21, 2016.
    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 March 10, 2016, ISE Mercury, LLC (the ``Exchange'' or ``ISE 
Mercury'') 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 Mercury proposes to amend its Schedule of Fees to count 100% of 
eligible traded volume preferenced to a Market Maker towards that 
member's volume tiers. 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
    On March 10, 2016, ISE Mercury filed a proposed rule change to 
introduce fee and rebate tiers for Market Maker \3\ and Priority 
Customer \4\ orders based on the average daily volume (``ADV'') that a 
member executes in Priority Customer orders.\5\ Pursuant to that 
proposed rule change, the Exchange will assess fees and rebates for 
Market Maker and Priority Customer orders based on five tiers of Total 
Affiliated Priority Customer ADV: \6\ 0-19,999 contracts (``Tier 1''), 
20,000-39,999 contracts (``Tier 2''), 40,000-59,999 contracts (``Tier 
3''), 60,000-79,999 contracts (``Tier 4''), and 80,000 or more 
contracts (``Tier 5'').\7\ As is the case on ISE Mercury's affiliated 
exchanges--the International Securities Exchange, LLC (``ISE'') and ISE 
Gemini, LLC (``ISE Gemini'')--the Exchange's ADV calculation will also 
include volume executed by affiliated members. In particular, the 
Exchange will aggregate all eligible volume from affiliated members in 
determining applicable tiers, provided that there is at least 75% 
common ownership between the members as reflected on the member's Form 
BD, Schedule A. While this method of aggregating volume is beneficial 
to large firms with multiple affiliated members, the Exchange believes 
that it is important to give smaller firms the ability to compete for 
more favorable fees and rebates. The Exchange therefore proposes to 
adopt ADV tiers that are based on preferenced volume--i.e., volume 
directed to a specific Market Maker as provided in Supplementary 
Material .03 to Rule 713.\8\ In particular, the Exchange proposes to 
give Market Makers volume credit for 100% of eligible traded volume 
preferenced to that member,\9\ regardless of the actual allocation that 
the Market Maker receives. For example, assume Market Maker ABC is 
quoting at the national best bid or offer (``NBBO'') and receives a 
Preferenced Order for 10 contracts from an unaffiliated firm for the 
account of a Priority Customer. If there are other Market Makers 
quoting at the NBBO, Market Maker ABC may receive an allocation of 4 
contracts--i.e., 40% of the order. Rather than counting only the 4 
contracts executed towards

[[Page 16239]]

the Market Maker's volume total, the Exchange now proposes to give that 
Market Maker credit for the full 10 contracts preferenced to it. This 
is the same credit the member would receive if the 10 contracts were 
sent to the exchange by an affiliated member, and the Exchange believes 
that this will put smaller Market Makers on more equal footing with 
large firms that benefit from affiliated volume.
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    \3\ The term Market Makers refers to ``Competitive Market 
Makers'' and ``Primary Market Makers'' collectively.
    \4\ A ``Priority Customer'' is a person or entity that is not a 
broker/dealer in securities, and does not place more than 390 orders 
in listed options per day on average during a calendar month for its 
own beneficial account(s), as defined in ISE Mercury Rule 
100(a)(37A).
    \5\ See ISE Mercury-2016-05.
    \6\ The Total Affiliated Priority Customer ADV category includes 
all Priority Customer volume executed on the Exchange in all symbols 
and order types, including volume executed in the PIM, Facilitation, 
and QCC mechanisms.
    \7\ The highest tier threshold attained applies retroactively in 
a given month to all eligible traded contracts and applies to all 
eligible market participants. Any day that the market is not open 
for the entire trading day or the Exchange instructs members in 
writing to route their orders to other markets may be excluded from 
the ADV calculation; provided that the Exchange will only remove the 
day for members that would have a lower ADV with the day included.
    \8\ An Electronic Access Member (``EAM'') may designate a 
``Preferred Market Maker'' on orders it enters into the System 
(``Preferenced Orders''). Supplementary Material .03 to Rule 713 
describes the Exchange's rules concerning Preferenced Orders.
    \9\ ``Eligible volume'' refers to volume that would otherwise 
count towards to applicable volume tier. In the case of ADV 
thresholds based on Total Affiliated Priority Customer ADV, as 
currently implemented on ISE Mercury, all Priority Customer volume 
would be ``eligible.'' See note 6 supra.
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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. 
The Exchange believes that the proposed fee change is reasonable and 
equitable as it provides an additional way for members to increase 
volume used to qualify for lower fees and higher rebates. The Exchange 
has adopted volume based fees and rebates in another proposed rule 
change filed with the Commission. While volume based fees and rebates 
based on affiliated volume benefit Market Makers that have affiliated 
order routers, the Exchange believes that smaller Market Makers that 
attract order flow from non-affiliated firms should similarly be able 
to compete for more favorable fees and rebates. Preferred Market Makers 
attract order flow by establishing appropriate relationships with one 
or more EAMs that send Preferenced Orders to the Exchange. Although 
Preferred Market Makers may not be allocated the full volume orders 
preferenced to them, the Exchange believes that it is reasonable and 
equitable to give these Market Makers full credit for the volume of 
orders that they have attracted to ISE Mercury. This will put smaller 
Market Makers that are not affiliated with an order routing firm on 
more equal footing with large firms that benefit from affiliated volume 
today. In addition, the Exchange does not believe that it is unfairly 
discriminatory to provide this incentive specifically to Preferred 
Market Makers. As explained above, Preferred Market Makers attract 
order flow to the Exchange by establishing relationships with EAMs that 
direct Preferenced Orders to them. Moreover, all Market Makers are 
eligible to become Preferred Market Makers provided that they meet the 
quoting obligations expected of such firms.\12\
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    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(4).
    \12\ Preferred Competitive Market Makers have quoting 
obligations that mirror those for Primary Market Makers. See 
Supplementary Material .03(d) to Rule 713 and Rule 804(e)(2)(iii).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,\13\ the Exchange 
does not believe that the proposed rule change will impose any burden 
on intermarket or intramarket competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. To the contrary, 
the Exchange believes that the proposed rule change will increase 
competition by allowing smaller Market Makers to compete for more 
favorable fees and rebates. As currently implemented, Market Makers 
that are affiliated with an order router are advantaged relative to 
other firms in achieving volume based fees and rebates. Although the 
Exchange continues to believe that counting volume across affiliated 
members is appropriate,\14\ the Exchange also believes that Market 
Makers whose relationships attract Preference Orders should also 
receive similar benefits. As explained above, these Market Makers 
attract significant volume to the Exchange but currently only receive 
volume credit for a portion of that volume. The proposed rule change is 
designed to level the playing field between these members and their 
competitors that already benefit from affiliated volume. The Exchange 
operates in a highly competitive market in which market participants 
can readily direct their order flow to competing venues. For the 
reasons described above, the Exchange believes that the proposed fee 
change reflects this competitive environment.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b)(8).
    \14\ See note 5 supra.
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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,\15\ and subparagraph (f)(2) of Rule 19b-4 
thereunder,\16\ because it establishes a due, fee, or other charge 
imposed by ISE Mercury.
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    \15\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \16\ 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 [email protected]. Please include 
File Number SR-ISEMercury-2016-06 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-ISEMercury-2016-06. 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

[[Page 16240]]

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-ISEMercury-2016-06, and 
should be submitted on or before April 15, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-06746 Filed 3-24-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                    16238                              Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Notices

                                                    copy of the order, the FOF Participation                   ‘‘Exchange’’ or ‘‘ISE Mercury’’) filed                    Customer ADV: 6 0–19,999 contracts
                                                    Agreement, and the list with any                           with the Securities and Exchange                          (‘‘Tier 1’’), 20,000–39,999 contracts
                                                    updated information for the duration of                    Commission (‘‘Commission’’) the                           (‘‘Tier 2’’), 40,000–59,999 contracts
                                                    the investment and for a period of not                     proposed rule change, as described in                     (‘‘Tier 3’’), 60,000–79,999 contracts
                                                    less than six years thereafter, the first                  Items I, II, and III below, which Items                   (‘‘Tier 4’’), and 80,000 or more contracts
                                                    two years in an easily accessible place.                   have been prepared by the self-                           (‘‘Tier 5’’).7 As is the case on ISE
                                                       10. Before approving any advisory                       regulatory organization. The                              Mercury’s affiliated exchanges—the
                                                    contract under section 15 of the Act, the                  Commission is publishing this notice to                   International Securities Exchange, LLC
                                                    board of directors or trustees of each                     solicit comments on the proposed rule                     (‘‘ISE’’) and ISE Gemini, LLC (‘‘ISE
                                                    Investing Management Company                               change from interested persons.                           Gemini’’)—the Exchange’s ADV
                                                    including a majority of the disinterested                                                                            calculation will also include volume
                                                    directors or trustees, will find that the                  I. Self-Regulatory Organization’s                         executed by affiliated members. In
                                                    advisory fees charged under such                           Statement of the Terms of Substance of                    particular, the Exchange will aggregate
                                                    contract are based on services provided                    the Proposed Rule Change                                  all eligible volume from affiliated
                                                    that will be in addition to, rather than                      ISE Mercury proposes to amend its                      members in determining applicable
                                                    duplicative of, the services provided                      Schedule of Fees to count 100% of                         tiers, provided that there is at least 75%
                                                    under the advisory contract(s) of any                      eligible traded volume preferenced to a                   common ownership between the
                                                    Fund in which the Investing                                Market Maker towards that member’s                        members as reflected on the member’s
                                                    Management Company may invest.                             volume tiers. The text of the proposed                    Form BD, Schedule A. While this
                                                    These findings and their basis will be                     rule change is available on the                           method of aggregating volume is
                                                    fully recorded in the minute books of                      Exchange’s Internet Web site at http://                   beneficial to large firms with multiple
                                                    the appropriate Investing Management                       www.ise.com, at the principal office of                   affiliated members, the Exchange
                                                    Company.                                                   the Exchange, and at the Commission’s                     believes that it is important to give
                                                       11. Any sales charges and/or service                    Public Reference Room.                                    smaller firms the ability to compete for
                                                    fees charged with respect to shares of a                                                                             more favorable fees and rebates. The
                                                    Fund of Funds will not exceed the                          II. Self-Regulatory Organization’s                        Exchange therefore proposes to adopt
                                                    limits applicable to a fund of funds as                    Statement of the Purpose of, and                          ADV tiers that are based on preferenced
                                                    set forth in NASD Conduct Rule 2830.                       Statutory Basis for, the Proposed Rule                    volume—i.e., volume directed to a
                                                       12. No Fund will acquire securities of                  Change                                                    specific Market Maker as provided in
                                                    an investment company or company                                                                                     Supplementary Material .03 to Rule
                                                    relying on section 3(c)(1) or 3(c)(7) of                     In its filing with the Commission, the
                                                                                                               Exchange included statements                              713.8 In particular, the Exchange
                                                    the Act in excess of the limits contained                                                                            proposes to give Market Makers volume
                                                    in section 12(d)(1)(A) of the Act, except                  concerning the purpose of, and basis for,
                                                                                                                                                                         credit for 100% of eligible traded
                                                    to the extent the Fund acquires                            the proposed rule change and discussed
                                                                                                                                                                         volume preferenced to that member,9
                                                    securities of another investment                           any comments it received on the
                                                                                                                                                                         regardless of the actual allocation that
                                                    company pursuant to exemptive relief                       proposed rule change. The text of these
                                                                                                                                                                         the Market Maker receives. For example,
                                                    from the Commission permitting the                         statements may be examined at the
                                                                                                                                                                         assume Market Maker ABC is quoting at
                                                    Fund to acquire securities of one or                       places specified in Item IV below. The
                                                                                                                                                                         the national best bid or offer (‘‘NBBO’’)
                                                    more investment companies for short-                       self-regulatory organization has
                                                                                                                                                                         and receives a Preferenced Order for 10
                                                    term cash management purposes.                             prepared summaries, set forth in
                                                                                                                                                                         contracts from an unaffiliated firm for
                                                                                                               Sections A, B and C below, of the most
                                                      For the Commission, by the Division of                                                                             the account of a Priority Customer. If
                                                                                                               significant aspects of such statements.
                                                    Investment Management, under delegated                                                                               there are other Market Makers quoting at
                                                    authority.                                                 A. Self-Regulatory Organization’s                         the NBBO, Market Maker ABC may
                                                    Brent J. Fields,                                           Statement of the Purpose of, and                          receive an allocation of 4 contracts—i.e.,
                                                    Secretary.                                                 Statutory Basis for, the Proposed Rule                    40% of the order. Rather than counting
                                                    [FR Doc. 2016–06785 Filed 3–24–16; 8:45 am]                Change                                                    only the 4 contracts executed towards
                                                    BILLING CODE 8011–01–P                                     1. Purpose                                                  6 The Total Affiliated Priority Customer ADV

                                                                                                                                                                         category includes all Priority Customer volume
                                                                                                                  On March 10, 2016, ISE Mercury filed                   executed on the Exchange in all symbols and order
                                                    SECURITIES AND EXCHANGE                                    a proposed rule change to introduce fee                   types, including volume executed in the PIM,
                                                    COMMISSION                                                 and rebate tiers for Market Maker 3 and                   Facilitation, and QCC mechanisms.
                                                                                                                                                                           7 The highest tier threshold attained applies
                                                    [Release No. 34–77412; File No. SR–                        Priority Customer 4 orders based on the
                                                                                                                                                                         retroactively in a given month to all eligible traded
                                                    ISEMercury–2016–06]                                        average daily volume (‘‘ADV’’) that a                     contracts and applies to all eligible market
                                                                                                               member executes in Priority Customer                      participants. Any day that the market is not open
                                                    Self-Regulatory Organizations; ISE                         orders.5 Pursuant to that proposed rule                   for the entire trading day or the Exchange instructs
                                                                                                               change, the Exchange will assess fees                     members in writing to route their orders to other
                                                    Mercury, LLC; Notice of Filing and                                                                                   markets may be excluded from the ADV calculation;
                                                    Immediate Effectiveness of Proposed                        and rebates for Market Maker and                          provided that the Exchange will only remove the
                                                    Rule Change To Amend the Schedule                          Priority Customer orders based on five                    day for members that would have a lower ADV with
                                                    of Fees                                                    tiers of Total Affiliated Priority                        the day included.
                                                                                                                                                                           8 An Electronic Access Member (‘‘EAM’’) may
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    March 21, 2016.                                                                                                      designate a ‘‘Preferred Market Maker’’ on orders it
                                                                                                                  3 The term Market Makers refers to ‘‘Competitive
                                                                                                                                                                         enters into the System (‘‘Preferenced Orders’’).
                                                       Pursuant to Section 19(b)(1) of the                     Market Makers’’ and ‘‘Primary Market Makers’’             Supplementary Material .03 to Rule 713 describes
                                                    Securities Exchange Act of 1934 (the                       collectively.                                             the Exchange’s rules concerning Preferenced
                                                    ‘‘Act’’),1 and Rule 19b–4 thereunder,2                        4 A ‘‘Priority Customer’’ is a person or entity that
                                                                                                                                                                         Orders.
                                                    notice is hereby given that on March 10,                   is not a broker/dealer in securities, and does not          9 ‘‘Eligible volume’’ refers to volume that would
                                                                                                               place more than 390 orders in listed options per day      otherwise count towards to applicable volume tier.
                                                    2016, ISE Mercury, LLC (the                                on average during a calendar month for its own            In the case of ADV thresholds based on Total
                                                                                                               beneficial account(s), as defined in ISE Mercury          Affiliated Priority Customer ADV, as currently
                                                      1 15   U.S.C. 78s(b)(1).                                 Rule 100(a)(37A).                                         implemented on ISE Mercury, all Priority Customer
                                                      2 17   CFR 240.19b–4.                                       5 See ISE Mercury–2016–05.                             volume would be ‘‘eligible.’’ See note 6 supra.



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                                                                                       Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Notices                                           16239

                                                    the Market Maker’s volume total, the                       the quoting obligations expected of such              subparagraph (f)(2) of Rule 19b–4
                                                    Exchange now proposes to give that                         firms.12                                              thereunder,16 because it establishes a
                                                    Market Maker credit for the full 10                                                                              due, fee, or other charge imposed by ISE
                                                                                                               B. Self-Regulatory Organization’s
                                                    contracts preferenced to it. This is the                                                                         Mercury.
                                                                                                               Statement on Burden on Competition                       At any time within 60 days of the
                                                    same credit the member would receive
                                                    if the 10 contracts were sent to the                          In accordance with Section 6(b)(8) of              filing of such proposed rule change, the
                                                    exchange by an affiliated member, and                      the Act,13 the Exchange does not believe              Commission summarily may
                                                    the Exchange believes that this will put                   that the proposed rule change will                    temporarily suspend such rule change if
                                                    smaller Market Makers on more equal                        impose any burden on intermarket or                   it appears to the Commission that such
                                                    footing with large firms that benefit                      intramarket competition that is not                   action is necessary or appropriate in the
                                                                                                               necessary or appropriate in furtherance               public interest, for the protection of
                                                    from affiliated volume.
                                                                                                               of the purposes of the Act. To the                    investors, or otherwise in furtherance of
                                                    2. Statutory Basis                                         contrary, the Exchange believes that the              the purposes of the Act. If the
                                                                                                               proposed rule change will increase                    Commission takes such action, the
                                                       The Exchange believes that the                          competition by allowing smaller Market                Commission shall institute proceedings
                                                    proposed rule change is consistent with                    Makers to compete for more favorable                  to determine whether the proposed rule
                                                    the provisions of Section 6 of the Act,10                  fees and rebates. As currently                        should be approved or disapproved.
                                                    in general, and Section 6(b)(4) of the                     implemented, Market Makers that are
                                                    Act,11 in particular, in that it is designed               affiliated with an order router are                   IV. Solicitation of Comments
                                                    to provide for the equitable allocation of                 advantaged relative to other firms in                   Interested persons are invited to
                                                    reasonable dues, fees, and other charges                   achieving volume based fees and                       submit written data, views, and
                                                    among its members and other persons                        rebates. Although the Exchange                        arguments concerning the foregoing,
                                                    using its facilities. The Exchange                         continues to believe that counting                    including whether the proposed rule
                                                    believes that the proposed fee change is                   volume across affiliated members is                   change is consistent with the Act.
                                                    reasonable and equitable as it provides                    appropriate,14 the Exchange also                      Comments may be submitted by any of
                                                    an additional way for members to                           believes that Market Makers whose                     the following methods:
                                                    increase volume used to qualify for                        relationships attract Preference Orders
                                                                                                                                                                     Electronic Comments
                                                    lower fees and higher rebates. The                         should also receive similar benefits. As
                                                    Exchange has adopted volume based                          explained above, these Market Makers                     • Use the Commission’s Internet
                                                    fees and rebates in another proposed                       attract significant volume to the                     comment form (http://www.sec.gov/
                                                    rule change filed with the Commission.                     Exchange but currently only receive                   rules/sro.shtml); or
                                                                                                               volume credit for a portion of that                      • Send an email to rule-comments@
                                                    While volume based fees and rebates
                                                                                                               volume. The proposed rule change is                   sec.gov. Please include File Number SR–
                                                    based on affiliated volume benefit
                                                                                                               designed to level the playing field                   ISEMercury–2016–06 on the subject
                                                    Market Makers that have affiliated order
                                                                                                               between these members and their                       line.
                                                    routers, the Exchange believes that
                                                    smaller Market Makers that attract order                   competitors that already benefit from                 Paper Comments
                                                                                                               affiliated volume. The Exchange
                                                    flow from non-affiliated firms should
                                                                                                               operates in a highly competitive market                  • Send paper comments in triplicate
                                                    similarly be able to compete for more                                                                            to Brent J. Fields, Secretary, Securities
                                                    favorable fees and rebates. Preferred                      in which market participants can
                                                                                                               readily direct their order flow to                    and Exchange Commission, 100 F Street
                                                    Market Makers attract order flow by                                                                              NE., Washington, DC 20549–1090.
                                                    establishing appropriate relationships                     competing venues. For the reasons
                                                                                                               described above, the Exchange believes                All submissions should refer to File
                                                    with one or more EAMs that send                                                                                  Number SR–ISEMercury–2016–06. This
                                                    Preferenced Orders to the Exchange.                        that the proposed fee change reflects
                                                                                                               this competitive environment.                         file number should be included on the
                                                    Although Preferred Market Makers may                                                                             subject line if email is used. To help the
                                                    not be allocated the full volume orders                    C. Self-Regulatory Organization’s                     Commission process and review your
                                                    preferenced to them, the Exchange                          Statement on Comments on the                          comments more efficiently, please use
                                                    believes that it is reasonable and                         Proposed Rule Change Received From                    only one method. The Commission will
                                                    equitable to give these Market Makers                      Members, Participants, or Others                      post all comments on the Commission’s
                                                    full credit for the volume of orders that                    The Exchange has not solicited, and                 Internet Web site (http://www.sec.gov/
                                                    they have attracted to ISE Mercury. This                   does not intend to solicit, comments on               rules/sro.shtml). Copies of the
                                                    will put smaller Market Makers that are                    this proposed rule change. The                        submission, all subsequent
                                                    not affiliated with an order routing firm                  Exchange has not received any                         amendments, all written statements
                                                    on more equal footing with large firms                     unsolicited written comments from                     with respect to the proposed rule
                                                    that benefit from affiliated volume                        members or other interested parties.                  change that are filed with the
                                                    today. In addition, the Exchange does                                                                            Commission, and all written
                                                    not believe that it is unfairly                            III. Date of Effectiveness of the                     communications relating to the
                                                    discriminatory to provide this incentive                   Proposed Rule Change and Timing for                   proposed rule change between the
                                                    specifically to Preferred Market Makers.                   Commission Action                                     Commission and any person, other than
                                                    As explained above, Preferred Market                          The foregoing rule change has become               those that may be withheld from the
                                                    Makers attract order flow to the                           effective pursuant to Section                         public in accordance with the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Exchange by establishing relationships                     19(b)(3)(A)(ii) of the Act,15 and                     provisions of 5 U.S.C. 552, will be
                                                    with EAMs that direct Preferenced                                                                                available for Web site viewing and
                                                    Orders to them. Moreover, all Market                         12 Preferred Competitive Market Makers have
                                                                                                                                                                     printing in the Commission’s Public
                                                    Makers are eligible to become Preferred                    quoting obligations that mirror those for Primary
                                                                                                               Market Makers. See Supplementary Material .03(d)
                                                                                                                                                                     Reference Room, 100 F Street NE.,
                                                    Market Makers provided that they meet                      to Rule 713 and Rule 804(e)(2)(iii).                  Washington, DC 20549 on official
                                                                                                                 13 15 U.S.C. 78f(b)(8).                             business days between the hours of
                                                      10 15   U.S.C. 78f.                                        14 See note 5 supra.
                                                      11 15   U.S.C. 78f(b)(4).                                  15 15 U.S.C. 78s(b)(3)(A)(ii).                        16 17   CFR 240.19b–4(f)(2).



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                                                    16240                           Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Notices

                                                    10:00 a.m. and 3:00 p.m. Copies of such                 II. Self-Regulatory Organization’s                        when trading against Non-Priority
                                                    filing also will be available for                       Statement of the Purpose of, and                          Customer orders.
                                                    inspection and copying at the principal                 Statutory Basis for, the Proposed Rule
                                                                                                                                                                      The Member Volume Program
                                                    office of the Exchange. All comments                    Change
                                                    received will be posted without change;                                                                              Currently, the fees and rebates
                                                                                                               In its filing with the Commission, the
                                                    the Commission does not edit personal                                                                             assessed for Regular Orders in standard
                                                                                                            Exchange included statements
                                                    identifying information from                                                                                      options that are in the Penny Pilot are:
                                                                                                            concerning the purpose of, and basis for,
                                                    submissions. You should submit only                                                                               (1) $0.20 per contract for Market Maker
                                                                                                            the proposed rule change and discussed
                                                    information that you wish to make                                                                                 orders,8 (2) $0.47 per contract for Non-
                                                                                                            any comments it received on the
                                                    available publicly. All submissions                                                                               ISE Mercury Market Maker,9 Firm
                                                                                                            proposed rule change. The text of these
                                                    should refer to File Number SR–                                                                                   Proprietary 10/Broker-Dealer,11 and
                                                                                                            statements may be examined at the
                                                    ISEMercury–2016–06, and should be                                                                                 Professional Customer 12 orders; and (3)
                                                                                                            places specified in Item IV below. The
                                                    submitted on or before April 15, 2016.                                                                            ($0.18) per contract for Priority
                                                                                                            self-regulatory organization has
                                                                                                                                                                      Customer orders. The transaction fees
                                                      For the Commission, by the Division of                prepared summaries, set forth in
                                                                                                                                                                      and rebates assessed for Regular Orders
                                                    Trading and Markets, pursuant to delegated              Sections A, B and C below, of the most
                                                    authority.17
                                                                                                                                                                      that are not in the Penny Pilot are: (1)
                                                                                                            significant aspects of such statements.
                                                                                                                                                                      $0.20 per contract for Market Maker
                                                    Brent J. Fields,
                                                                                                            A. Self-Regulatory Organization’s                         orders; (2) $0.90 per contract for Non-
                                                    Secretary.                                              Statement of the Purpose of, and                          ISE Mercury Market Maker, Firm
                                                    [FR Doc. 2016–06746 Filed 3–24–16; 8:45 am]             Statutory Basis for, the Proposed Rule                    Proprietary/Broker-Dealer, and
                                                    BILLING CODE 8011–01–P                                  Change                                                    Professional Customer orders; and (3)
                                                                                                                                                                      ($0.18) per contract for Priority
                                                                                                            1. Purpose
                                                                                                                                                                      Customer orders.
                                                    SECURITIES AND EXCHANGE                                    ISE Mercury is proposing to amend its                     The Exchange proposes to amend the
                                                    COMMISSION                                              Schedule of Fees to establish volume-                     above fees and rebates so that they will
                                                                                                            based tiered rebates and fees (the                        be based on a member’s ADV of Priority
                                                    [Release No. 34–77409; File No. SR–                     ‘‘Member Volume Program’’ or ‘‘MVP’’).
                                                    ISEMercury–2016–05]
                                                                                                                                                                      Customer orders traded in a given
                                                                                                            The MVP tiers are determined by a                         month and the highest tier threshold
                                                    Self-Regulatory Organizations; ISE                      member’s average daily volume                             attained applies retroactively in a given
                                                    Mercury, LLC; Notice of Filing and                      (‘‘ADV’’) of Priority Customer 3 Regular                  month to all eligible traded contracts
                                                    Immediate Effectiveness of Proposed                     Orders,4 in Penny and Non-Penny Pilot                     and applies to all eligible market
                                                    Rule Change To Amend the Schedule                       Symbols,5 traded on the Exchange. The                     participants. This Priority Customer
                                                    of Fees                                                 Exchange will also aggregate the trading                  ADV includes all Priority Customer
                                                                                                            activity of affiliated members in                         volume executed on the Exchange in all
                                                    March 21, 2016.                                         determining this ADV.6 ISE Mercury                        symbols and order types, including
                                                       Pursuant to Section 19(b)(1) of the                  believes the proposed fee and rebate                      volume executed in the Price
                                                    Securities Exchange Act of 1934 (the                    tiers will incentivize firms to increase                  Improvement Mechanism (‘‘PIM’’) and
                                                    ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  Priority Customer order flow to the                       the Facilitation and Qualified
                                                    notice is hereby given that on March 10,                Exchange. The Exchange is also                            Contingent Cross mechanisms.
                                                    2016, ISE Mercury, LLC (the                             proposing Penny and Non-Penny                                Further, the Exchange will aggregate
                                                    ‘‘Exchange’’ or ‘‘ISE Mercury’’) filed                  Symbol fees for both Crossing Orders                      the trading activity of separate members
                                                    with the Securities and Exchange                        and Responses to Crossing Orders.                         in calculating Priority Customer ADV
                                                    Commission (‘‘Commission’’) the                         Finally, the Exchange proposes to offer                   provided there is at least 75% common
                                                    proposed rule change, as described in                   Market Makers 7 a per contract discount                   ownership between the firms as
                                                    Items I, II, and III below, which Items                                                                           reflected on each firm’s Form BD,
                                                                                                               3 A Priority Customer is a person or entity that is
                                                    have been prepared by the self-                                                                                   Schedule A. The Exchange believes that
                                                                                                            not a broker/dealer in securities, and does not place
                                                    regulatory organization. The                            more than 390 orders in listed options per day on
                                                                                                                                                                      aggregating this volume across members
                                                    Commission is publishing this notice to                 average during a calendar month for its own               that share at least 75% common
                                                    solicit comments on the proposed rule                   beneficial account(s).                                    ownership will allow members to
                                                                                                               4 A Regular Order is an order that consists of only
                                                    change from interested persons.                                                                                   continue to execute trades on the
                                                                                                            a single option series and is not submitted with a
                                                                                                            stock leg.
                                                                                                                                                                      Exchange through separate broker-
                                                    I. Self-Regulatory Organization’s                                                                                 dealer entities for different types of
                                                                                                               5 Under the Penny Pilot, the minimum price
                                                    Statement of the Terms of Substance of
                                                                                                            variation for all participating options classes, except
                                                    the Proposed Rule Change                                for the Nasdaq-100 Index Tracking Stock (‘‘QQQ’’),        collectively. Market Maker orders sent to the
                                                      ISE Mercury proposes to amend its                     the SPDR S&P 500 Exchange Traded Fund (‘‘SPY’’)           Exchange by an Electronic Access Member are
                                                                                                            and the iShares Russell 2000 Index Fund (‘‘IWM’’),        assessed fees at the same level as Market Maker
                                                    Schedule of Fees by adopting volume-                    is $0.01 for all quotations in options series that are    orders.
                                                    based tiered rebates and fees. These tiers              quoted at less than $3 per contract and $0.05 for           8 This fee applies to ISE Mercury Market Maker
                                                    are determined by a member’s average                    all quotations in options series that are quoted at       orders sent to the Exchange by Electronic Access
                                                                                                            $3 per contract or greater. The proposed fees and
                                                    daily volume of Priority Customer                       rebates for Penny Pilot symbols apply to all classes
                                                                                                                                                                      Members.
                                                                                                                                                                        9 A Non-ISE Mercury Market Maker, or Far Away
                                                    orders traded on the Exchange. The text                 in the Penny Pilot, i.e., to series that are quoted at
                                                                                                                                                                      Market Maker (‘‘FARMM’’), is a market maker as
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    of the proposed rule change is available                less than $3 that have a minimum price variation
                                                                                                                                                                      defined in Section 3(a)(38) of the Securities
                                                    on the Exchange’s Internet Web site at                  of $0.01 and to series that are quoted at $3 or more
                                                                                                            that have an minimum price variation of $0.05.            Exchange Act of 1934, as amended (‘‘Exchange
                                                    http://www.ise.com, at the principal                    QQQ, SPY, and IWM are quoted in $0.01                     Act’’), registered in the same options class on
                                                    office of the Exchange, and at the                      increments for all options series.                        another options exchange.
                                                                                                                                                                        10 A Firm Proprietary order is an order submitted
                                                    Commission’s Public Reference Room.                        6 Aggregation is necessary and appropriate

                                                                                                            because certain members conduct customer and              by a member for its own proprietary account.
                                                                                                                                                                        11 A Broker-Dealer order is an order submitted by
                                                                                                            market maker trading activity through separate but
                                                      17 17 CFR 200.30–3(a)(12).                            related broker-dealers.                                   a member for a non-member broker-dealer account.
                                                      1 15 U.S.C. 78s(b)(1).                                   7 The term Market Makers refers to ‘‘Competitive         12 A Professional Customer is a person who is not
                                                      2 17 CFR 240.19b–4.                                   Market Makers’’ and ‘‘Primary Market Makers’’             a broker/dealer and is not a Priority Customer.



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Document Created: 2018-02-02 15:18:10
Document Modified: 2018-02-02 15:18:10
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 Citation81 FR 16238 

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