81_FR_31366 81 FR 31270 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees

81 FR 31270 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 96 (May 18, 2016)

Page Range31270-31272
FR Document2016-11644

Federal Register, Volume 81 Issue 96 (Wednesday, May 18, 2016)
[Federal Register Volume 81, Number 96 (Wednesday, May 18, 2016)]
[Notices]
[Pages 31270-31272]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11644]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77821; File No. SR-ISE-2016-13]


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

May 12, 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 May 2, 2016, the International Securities Exchange, LLC (the 
``Exchange'' or the ``ISE'') filed with the Securities and Exchange 
Commission (the ``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

    The ISE proposes to eliminate Priority Customer complex order 
rebates for certain ``net zero'' complex orders. The text of the 
proposed rule change is available on the Exchange's Web site (http://www.ise.com), at the principal office of the Exchange, and at the 
Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of these statements may be examined at 
the places specified in Item IV below. The self-regulatory organization 
has prepared summaries, set forth in sections A, B and C below, of the 
most significant aspects of such statements.

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

1. Purpose
    Currently, the Exchange provides rebates to Priority Customer \3\ 
complex orders that trade with non-Priority Customer complex orders in 
the complex order book or trade with quotes and orders on the regular 
order book. Rebates are tiered based on a member's average daily volume 
(``ADV'') executed during a given month as follows: 0 to 29,999 
contracts (``Tier 1''), 30,000 to 59,999 contracts (``Tier 2''), 60,000 
to 99,999 contracts (``Tier 3''), 100,000 to 149,999 (``Tier 4''), 
150,000 to 199,999 contracts (``Tier 5''), and 200,000 or more 
contracts (``Tier 6''). In Select Symbols the rebate is $0.30 per 
contract for Tier 1, $0.35 per contract for Tier 2, $0.41 per contract 
for Tier 3, $0.44 per contract for Tier 4, $0.46 per contract for Tier 
5, and $0.47 per contract for Tier 6. In Non-Select Symbols the rebate 
is $0.63 per contract for Tier 1, $0.71 per contract for Tier 2, $0.79 
per contract for Tier 3, $0.81 per contract for Tier 4, $0.83 per 
contract for Tier 5, and $0.84 per contract for Tier 6.
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    \3\ A ``Priority Customer'' is a person or entity that is not a 
broker/dealer in securities, and does not place more than 390 orders 
in listed options per day on average during a calendar month for its 
own beneficial account(s), as defined in ISE Rule 100(a)(37A).
---------------------------------------------------------------------------

    Recently, a market participant has been entering a large volume of 
valueless complex orders that trade at a net price at or near $0.00 
(i.e., ``net zero'' complex orders) with the sole intention of earning 
a rebate.\4\ While these complex orders would generally not find a 
counterparty in the complex order book, they may leg in to the regular 
order book where they are typically executed by Market Makers \5\ on 
the individual legs. The fee that Market Makers quoting in Select 
Symbols pay when a complex order legs into their quote is substantially 
higher than their fee or rebate for regular orders that trade against 
their quotes. In particular, a Market Maker providing liquidity on the 
individual leg would typically pay a maker fee of only $0.10 per 
contract,\6\ or in the case of Market Makers that achieve Market Maker 
Plus status,\7\ would earn a maker rebate

[[Page 31271]]

ranging from $0.10 per contract to $0.22 per contract. When trading 
against a Priority Customer complex order that legs in from the complex 
order book, however, that same Market Maker is charged a maker fee of 
$0.30 per contract.\8\ In Non-Select Symbols, Market Makers pay a fee 
of $0.25 per contract subject to certain tier discounts,\9\ or $0.20 
per contract for orders sent by an Electronic Access Member.\10\
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    \4\ For example, a market participant could enter a ``net zero'' 
complex order that buys 500 contracts of the $193 March 6, 2016 SPY 
Put at a price of $0.03 and sells 500 contracts of the $193.50 March 
6, 2016 SPY Put at a price of $0.03 for a net price of $0.00.
    \5\ The term ``Market Makers'' refers to ``Competitive Market 
Makers'' and ``Primary Market Makers'' collectively. See ISE Rule 
100(a)(25).
    \6\ This maker fee also applies to Non-ISE Market Maker, Firm 
Proprietary/Broker Dealer and Professional Customer orders in Select 
Symbols. Priority Customer orders are not charged a maker fee in 
Select Symbols for orders entered on the regular order book.
    A ``Non-ISE Market Maker'' is a market maker as defined in 
Section 3(a)(38) of the Securities Exchange Act of 1934, as amended, 
registered in the same options class on another options exchange.
    A ``Firm Proprietary'' order is an order submitted by a member 
for its own proprietary account.
    A ``Broker-Dealer'' order is an order submitted by a member for 
a broker-dealer account that is not its own proprietary account.
    A ``Professional Customer'' is a person or entity that is not a 
broker/dealer and is not a Priority Customer.
    \7\ A Market Maker Plus is a Market Maker who is on the National 
Best Bid or National Best Offer a specified percentage of the time 
for series trading between $0.03 and $3.00 (for options whose 
underlying stock's previous trading day's last sale price was less 
than or equal to $100) and between $0.10 and $3.00 (for options 
whose underlying stock's previous trading day's last sale price was 
greater than $100) in premium in each of the front two expiration 
months. The specified percentage is at least 80% but lower than 85% 
of the time for Tier 1, at least 85% but lower than 95% of the time 
for Tier 2, and at least 95% of the time for Tier 3. A Market 
Maker's single best and single worst quoting days each month based 
on the front two expiration months, on a per symbol basis, will be 
excluded in calculating whether a Market Maker qualifies for this 
rebate, if doing so will qualify a Market Maker for the rebate.
    \8\ This higher maker fee for trading against a Priority 
Customer complex order that legs in to the regular order book also 
applies to Non-ISE Market Maker orders.
    \9\ See Schedule of Fees, Section IV.C.
    \10\ There is no fee difference in Non-Select Symbols for 
trading against Priority Customer complex orders that leg in to the 
regular order book. Non-ISE Market Maker, Firm Proprietary/Broker-
Dealer and Professional Customer orders in Non-Select Symbols are 
charged a fee of $0.72 per contract. Priority Customer orders are 
not charged a fee in Non-Select symbols for orders entered on the 
regular order book.
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    By entering essentially valueless complex orders, this market 
participant or others employing the same strategy are able to recover 
rebates for essentially non-economic trades at the expense of the 
Exchange and the market participants on the other side of the trade. 
This behavior is a form of rebate arbitrage, and the Exchange believes 
that it is in the best interest of the Exchange and its members to 
remove the incentives that promote this activity. The Exchange 
therefore proposes to eliminate Priority Customer rebates for ``net 
zero'' complex orders that are entered on behalf of originating market 
participants that execute an ADV of at least 10,000 ``net zero'' 
complex orders in a given month. For purposes of determining which 
complex orders qualify as ``net zero'' the Exchange will count all 
complex orders that leg in to the regular order book and are executed 
at a net price that is within a range of $0.01 credit and $0.01 debit.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6 of the Act,\11\ in general, and 
Section 6(b)(4) of the Act,\12\ 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.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f.
    \12\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that the proposed fee change is reasonable 
and equitable as it is designed to remove financial incentives for 
market participants to engage in rebate arbitrage by entering ``net 
zero'' complex orders on the Exchange that do not have any economic 
substance. As explained above, Priority Customer complex orders, 
including ``net zero'' complex orders that leg in to the regular order 
book, are currently paid significant rebates by the Exchange, which are 
funded in part by charging higher fees to the market participants that 
trade against these orders. The Exchange believes that eliminating the 
rebate provided to ``net zero'' complex orders will discourage market 
participants from entering these valueless orders, which are entered 
for the sole purpose of earning a rebate. The Exchange also believes 
that the proposed rule change is not unfairly discriminatory as it is 
designed to stop market participants from taking advantage of Exchange 
rebates by entering orders that lack economic substance. The Exchange 
is proposing to eliminate Priority Customer complex order rebates for 
all market participants that enter a large number of ``net zero'' 
complex orders. To the extent that those market participants enter 
legitimate complex orders, however, they will continue to receive the 
same rebates that they do today. In addition, market participants that 
enter an insubstantial volume of ``net zero'' complex orders will also 
continue to receive rebates. The Exchange does not believe that it is 
unfairly discriminatory to continue to offer rebates to firms that do 
not hit the proposed ``net zero'' ADV threshold as this more limited 
trading activity is not indicative of rebate arbitrage.

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. The proposed 
rule change is designed to eliminate the ability for certain market 
participants to engage in rebate arbitrage to the detriment of the 
Exchange and its members. 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.
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    \13\ 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 \14\ and subparagraph (f)(2) of Rule 19b-4 
thereunder,\15\ because it establishes a due, fee, or other charge 
imposed by ISE.
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    \14\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \15\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File No. SR-ISE-2016-13 on the subject line.

[[Page 31272]]

Paper Comments

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

All submissions should refer to File Number SR-ISE-2016-13. 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 ISE. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-ISE-2016-13 and should be 
submitted by June 8, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
Robert W. Errett,
Deputy Secretary.
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    \16\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2016-11644 Filed 5-17-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                31270                           Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Notices

                                                              Agency name                             Organization name                                   Position title                     Request number      Vacate date

                                                Department of Labor .....................    Office of the Deputy Secretary .....           Senior Policy Advisor ....................       DL150059               02/20/2016
                                                Office of Personnel Management               Office of the Director .....................   Assistant Director, Office of Public             PM140028               02/20/2016
                                                                                                                                              Engagement.
                                                Small Business Administration ......         Office of Communications               and     Deputy Assistant Administrator for               SB150008               02/06/2016
                                                                                               Public Liaison.                                Communications and Public Li-
                                                                                                                                              aison.
                                                                                                                                            Speechwriter .................................   SB150038               02/06/2016
                                                                                             Office of the Administrator ............       Senior Advisor to the Adminis-                   SB150055               02/20/2016
                                                                                                                                              trator.
                                                Department of State ......................   Office of the Secretary ..................     Special Assistant ...........................    DS130052               02/28/2016
                                                Department of Transportation .......         Office of the Secretary ..................     Special Assistant to the Secretary               DT150007               02/08/2016
                                                                                             Office of Assistant Secretary for              Special Assistant ...........................    DT140049               02/20/2016
                                                                                               Governmental Affairs.



                                                  Authority: 5 U.S.C. 3301 and 3302; E.O.                   office of the Exchange, and at the                              $0.63 per contract for Tier 1, $0.71 per
                                                10577, 3 CFR, 1954–1958 Comp., p. 218.                      Commission’s Public Reference Room.                             contract for Tier 2, $0.79 per contract for
                                                  U.S. Office of Personnel Management.                                                                                      Tier 3, $0.81 per contract for Tier 4,
                                                                                                            II. Self-Regulatory Organization’s
                                                Beth F. Cobert,                                                                                                             $0.83 per contract for Tier 5, and $0.84
                                                                                                            Statement of the Purpose of, and
                                                Acting Director.                                                                                                            per contract for Tier 6.
                                                                                                            Statutory Basis for, the Proposed Rule                             Recently, a market participant has
                                                [FR Doc. 2016–11724 Filed 5–17–16; 8:45 am]                 Change                                                          been entering a large volume of
                                                BILLING CODE 6325–39–P
                                                                                                              In its filing with the Commission, the                        valueless complex orders that trade at a
                                                                                                            self-regulatory organization included                           net price at or near $0.00 (i.e., ‘‘net
                                                                                                            statements concerning the purpose of,                           zero’’ complex orders) with the sole
                                                SECURITIES AND EXCHANGE                                     and basis for, the proposed rule change                         intention of earning a rebate.4 While
                                                COMMISSION                                                  and discussed any comments it received                          these complex orders would generally
                                                                                                            on the proposed rule change. The text                           not find a counterparty in the complex
                                                [Release No. 34–77821; File No. SR–ISE–                     of these statements may be examined at                          order book, they may leg in to the
                                                2016–13]                                                    the places specified in Item IV below.                          regular order book where they are
                                                                                                            The self-regulatory organization has                            typically executed by Market Makers 5
                                                Self-Regulatory Organizations;                              prepared summaries, set forth in                                on the individual legs. The fee that
                                                International Securities Exchange,                          sections A, B and C below, of the most                          Market Makers quoting in Select
                                                LLC; Notice of Filing and Immediate                         significant aspects of such statements.                         Symbols pay when a complex order legs
                                                Effectiveness of Proposed Rule                                                                                              into their quote is substantially higher
                                                Change To Amend the Schedule of                             A. Self-Regulatory Organization’s                               than their fee or rebate for regular orders
                                                Fees                                                        Statement of the Purpose of, and                                that trade against their quotes. In
                                                                                                            Statutory Basis for, the Proposed Rule                          particular, a Market Maker providing
                                                May 12, 2016.                                               Change                                                          liquidity on the individual leg would
                                                   Pursuant to Section 19(b)(1) of the                                                                                      typically pay a maker fee of only $0.10
                                                Securities Exchange Act of 1934 (the                        1. Purpose
                                                                                                                                                                            per contract,6 or in the case of Market
                                                ‘‘Act’’),1 and Rule 19b–4 thereunder,2                         Currently, the Exchange provides                             Makers that achieve Market Maker Plus
                                                notice is hereby given that on May 2,                       rebates to Priority Customer 3 complex                          status,7 would earn a maker rebate
                                                2016, the International Securities                          orders that trade with non-Priority
                                                Exchange, LLC (the ‘‘Exchange’’ or the                      Customer complex orders in the                                     4 For example, a market participant could enter a
                                                ‘‘ISE’’) filed with the Securities and                      complex order book or trade with quotes                         ‘‘net zero’’ complex order that buys 500 contracts
                                                Exchange Commission (the                                    and orders on the regular order book.                           of the $193 March 6, 2016 SPY Put at a price of
                                                ‘‘Commission’’) the proposed rule                           Rebates are tiered based on a member’s                          $0.03 and sells 500 contracts of the $193.50 March
                                                                                                                                                                            6, 2016 SPY Put at a price of $0.03 for a net price
                                                change, as described in Items I, II, and                    average daily volume (‘‘ADV’’) executed                         of $0.00.
                                                III below, which items have been                            during a given month as follows: 0 to                              5 The term ‘‘Market Makers’’ refers to

                                                prepared by the self-regulatory                             29,999 contracts (‘‘Tier 1’’), 30,000 to                        ‘‘Competitive Market Makers’’ and ‘‘Primary Market
                                                organization. The Commission is                             59,999 contracts (‘‘Tier 2’’), 60,000 to                        Makers’’ collectively. See ISE Rule 100(a)(25).
                                                                                                                                                                               6 This maker fee also applies to Non-ISE Market
                                                publishing this notice to solicit                           99,999 contracts (‘‘Tier 3’’), 100,000 to                       Maker, Firm Proprietary/Broker Dealer and
                                                comments on the proposed rule change                        149,999 (‘‘Tier 4’’), 150,000 to 199,999                        Professional Customer orders in Select Symbols.
                                                from interested persons.                                    contracts (‘‘Tier 5’’), and 200,000 or                          Priority Customer orders are not charged a maker
                                                                                                            more contracts (‘‘Tier 6’’). In Select                          fee in Select Symbols for orders entered on the
                                                I. Self-Regulatory Organization’s                           Symbols the rebate is $0.30 per contract
                                                                                                                                                                            regular order book.
                                                Statement of the Terms of Substance of                                                                                         A ‘‘Non-ISE Market Maker’’ is a market maker as
                                                                                                            for Tier 1, $0.35 per contract for Tier 2,                      defined in Section 3(a)(38) of the Securities
                                                the Proposed Rule Change                                    $0.41 per contract for Tier 3, $0.44 per                        Exchange Act of 1934, as amended, registered in the
                                                  The ISE proposes to eliminate Priority                    contract for Tier 4, $0.46 per contract for                     same options class on another options exchange.
                                                                                                                                                                               A ‘‘Firm Proprietary’’ order is an order submitted
                                                Customer complex order rebates for                          Tier 5, and $0.47 per contract for Tier
sradovich on DSK3TPTVN1PROD with NOTICES




                                                                                                                                                                            by a member for its own proprietary account.
                                                certain ‘‘net zero’’ complex orders. The                    6. In Non-Select Symbols the rebate is                             A ‘‘Broker-Dealer’’ order is an order submitted by
                                                text of the proposed rule change is                                                                                         a member for a broker-dealer account that is not its
                                                available on the Exchange’s Web site                           3 A ‘‘Priority Customer’’ is a person or entity that         own proprietary account.
                                                (http://www.ise.com), at the principal                      is not a broker/dealer in securities, and does not                 A ‘‘Professional Customer’’ is a person or entity
                                                                                                            place more than 390 orders in listed options per day            that is not a broker/dealer and is not a Priority
                                                                                                            on average during a calendar month for its own                  Customer.
                                                  1 15   U.S.C. 78s(b)(1).                                  beneficial account(s), as defined in ISE Rule                      7 A Market Maker Plus is a Market Maker who is
                                                  2 17   CFR 240.19b–4.                                     100(a)(37A).                                                    on the National Best Bid or National Best Offer a



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                                                                              Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Notices                                                31271

                                                ranging from $0.10 per contract to $0.22                in general, and Section 6(b)(4) of the                 members. The Exchange operates in a
                                                per contract. When trading against a                    Act,12 in particular, in that it is designed           highly competitive market in which
                                                Priority Customer complex order that                    to provide for the equitable allocation of             market participants can readily direct
                                                legs in from the complex order book,                    reasonable dues, fees, and other charges               their order flow to competing venues. In
                                                however, that same Market Maker is                      among its members and other persons                    such an environment, the Exchange
                                                charged a maker fee of $0.30 per                        using its facilities.                                  must continually review, and consider
                                                contract.8 In Non-Select Symbols,                          The Exchange believes that the                      adjusting, its fees and rebates to remain
                                                Market Makers pay a fee of $0.25 per                    proposed fee change is reasonable and                  competitive with other exchanges. For
                                                contract subject to certain tier                        equitable as it is designed to remove                  the reasons described above, the
                                                discounts,9 or $0.20 per contract for                   financial incentives for market                        Exchange believes that the proposed fee
                                                orders sent by an Electronic Access                     participants to engage in rebate arbitrage             changes reflect this competitive
                                                Member.10                                               by entering ‘‘net zero’’ complex orders                environment.
                                                   By entering essentially valueless                    on the Exchange that do not have any
                                                complex orders, this market participant                 economic substance. As explained                       C. Self-Regulatory Organization’s
                                                or others employing the same strategy                   above, Priority Customer complex                       Statement on Comments on the
                                                are able to recover rebates for essentially             orders, including ‘‘net zero’’ complex                 Proposed Rule Change Received From
                                                non-economic trades at the expense of                   orders that leg in to the regular order                Members, Participants or Others
                                                the Exchange and the market                             book, are currently paid significant                     The Exchange has not solicited, and
                                                participants on the other side of the                   rebates by the Exchange, which are                     does not intend to solicit, comments on
                                                trade. This behavior is a form of rebate                funded in part by charging higher fees                 this proposed rule change. The
                                                arbitrage, and the Exchange believes                    to the market participants that trade                  Exchange has not received any
                                                that it is in the best interest of the                  against these orders. The Exchange                     unsolicited written comments from
                                                Exchange and its members to remove                      believes that eliminating the rebate
                                                                                                                                                               members or other interested parties.
                                                the incentives that promote this activity.              provided to ‘‘net zero’’ complex orders
                                                The Exchange therefore proposes to                      will discourage market participants                    III. Date of Effectiveness of the
                                                eliminate Priority Customer rebates for                 from entering these valueless orders,                  Proposed Rule Change and Timing for
                                                ‘‘net zero’’ complex orders that are                    which are entered for the sole purpose                 Commission Action
                                                entered on behalf of originating market                 of earning a rebate. The Exchange also
                                                participants that execute an ADV of at                  believes that the proposed rule change                    The foregoing rule change has become
                                                least 10,000 ‘‘net zero’’ complex orders                is not unfairly discriminatory as it is                effective pursuant to Section
                                                in a given month. For purposes of                       designed to stop market participants                   19(b)(3)(A)(ii) of the Act 14 and
                                                determining which complex orders                        from taking advantage of Exchange                      subparagraph (f)(2) of Rule 19b–4
                                                qualify as ‘‘net zero’’ the Exchange will               rebates by entering orders that lack                   thereunder,15 because it establishes a
                                                count all complex orders that leg in to                 economic substance. The Exchange is                    due, fee, or other charge imposed by
                                                the regular order book and are executed                 proposing to eliminate Priority                        ISE.
                                                at a net price that is within a range of                Customer complex order rebates for all                    At any time within 60 days of the
                                                $0.01 credit and $0.01 debit.                           market participants that enter a large                 filing of such proposed rule change, the
                                                                                                        number of ‘‘net zero’’ complex orders.                 Commission summarily may
                                                2. Statutory Basis
                                                                                                        To the extent that those market                        temporarily suspend such rule change if
                                                   The Exchange believes that the                       participants enter legitimate complex                  it appears to the Commission that such
                                                proposed rule change is consistent with                 orders, however, they will continue to                 action is necessary or appropriate in the
                                                the provisions of Section 6 of the Act,11               receive the same rebates that they do                  public interest, for the protection of
                                                                                                        today. In addition, market participants                investors, or otherwise in furtherance of
                                                specified percentage of the time for series trading     that enter an insubstantial volume of                  the purposes of the Act. If the
                                                between $0.03 and $3.00 (for options whose
                                                underlying stock’s previous trading day’s last sale     ‘‘net zero’’ complex orders will also                  Commission takes such action, the
                                                price was less than or equal to $100) and between       continue to receive rebates. The                       Commission shall institute proceedings
                                                $0.10 and $3.00 (for options whose underlying           Exchange does not believe that it is                   to determine whether the proposed rule
                                                stock’s previous trading day’s last sale price was      unfairly discriminatory to continue to
                                                greater than $100) in premium in each of the front
                                                                                                                                                               should be approved or disapproved.
                                                two expiration months. The specified percentage is      offer rebates to firms that do not hit the
                                                                                                        proposed ‘‘net zero’’ ADV threshold as                 IV. Solicitation of Comments
                                                at least 80% but lower than 85% of the time for Tier
                                                1, at least 85% but lower than 95% of the time for      this more limited trading activity is not                Interested persons are invited to
                                                Tier 2, and at least 95% of the time for Tier 3. A
                                                Market Maker’s single best and single worst quoting
                                                                                                        indicative of rebate arbitrage.                        submit written data, views, and
                                                days each month based on the front two expiration       B. Self-Regulatory Organization’s                      arguments concerning the foregoing,
                                                months, on a per symbol basis, will be excluded in                                                             including whether the proposed rule
                                                calculating whether a Market Maker qualifies for        Statement on Burden on Competition
                                                this rebate, if doing so will qualify a Market Maker
                                                                                                                                                               change is consistent with the Act.
                                                                                                          In accordance with Section 6(b)(8) of                Comments may be submitted by any of
                                                for the rebate.
                                                   8 This higher maker fee for trading against a
                                                                                                        the Act,13 the Exchange does not believe               the following methods:
                                                Priority Customer complex order that legs in to the     that the proposed rule change will
                                                regular order book also applies to Non-ISE Market       impose any burden on intermarket or                    Electronic Comments
                                                Maker orders.                                           intramarket competition that is not
                                                   9 See Schedule of Fees, Section IV.C.
                                                                                                        necessary or appropriate in furtherance                  • Use the Commission’s Internet
                                                   10 There is no fee difference in Non-Select                                                                 comment form (http://www.sec.gov/
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                                                Symbols for trading against Priority Customer
                                                                                                        of the purposes of the Act. The
                                                                                                        proposed rule change is designed to                    rules/sro.shtml); or
                                                complex orders that leg in to the regular order book.
                                                Non-ISE Market Maker, Firm Proprietary/Broker-          eliminate the ability for certain market                 • Send an email to rule-comments@
                                                Dealer and Professional Customer orders in Non-         participants to engage in rebate arbitrage             sec.gov. Please include File No. SR–ISE–
                                                Select Symbols are charged a fee of $0.72 per                                                                  2016–13 on the subject line.
                                                contract. Priority Customer orders are not charged
                                                                                                        to the detriment of the Exchange and its
                                                a fee in Non-Select symbols for orders entered on
                                                the regular order book.                                  12 15   U.S.C. 78f(b)(4).                               14 15   U.S.C. 78s(b)(3)(A)(ii).
                                                   11 15 U.S.C. 78f.                                     13 15   U.S.C. 78f(b)(8).                               15 17   CFR 240.19b–4(f)(2).



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                                                31272                            Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Notices

                                                Paper Comments                                            SECURITIES AND EXCHANGE                                19(b)(2) of the Act,7 designates June 28,
                                                                                                          COMMISSION                                             2016, as the date by which the
                                                  • Send paper comments in triplicate                                                                            Commission should either approve or
                                                to Elizabeth Murphy, Secretary,                           [Release No. 34–77820; File No. SR–                    disapprove or institute proceedings to
                                                Securities and Exchange Commission,                       NYSEArca–2016–44]                                      determine whether to disapprove the
                                                100 F Street NE., Washington, DC                                                                                 proposed rule change (File Number SR–
                                                20549–1090.                                               Self-Regulatory Organizations; NYSE                    NYSEArca–2016–44).
                                                                                                          Arca, Inc.; Notice of Designation of a
                                                All submissions should refer to File                                                                               For the Commission, by the Division of
                                                                                                          Longer Period for Commission Action
                                                Number SR–ISE–2016–13. This file                                                                                 Trading and Markets, pursuant to delegated
                                                                                                          on a Proposed Rule Change Amending                     authority.8
                                                number should be included on the                          NYSE Arca Equities Rule 7.31P(h) To                    Robert W. Errett,
                                                subject line if email is used. To help the                Add a New Discretionary Pegged Order
                                                Commission process and review your                                                                               Deputy Secretary.
                                                comments more efficiently, please use                     May 12, 2016.                                          [FR Doc. 2016–11643 Filed 5–17–16; 8:45 am]
                                                only one method. The Commission will                         On March 11, 2016, NYSE Arca, Inc.                  BILLING CODE 8011–01–P

                                                post all comments on the Commission’s                     (‘‘Exchange’’) filed with the Securities
                                                Internet Web site (http://www.sec.gov/                    and Exchange Commission
                                                                                                          (‘‘Commission’’), pursuant to Section                  SECURITIES AND EXCHANGE
                                                rules/sro.shtml). Copies of the
                                                                                                          19(b)(1) of the Securities Exchange Act                COMMISSION
                                                submission, all subsequent
                                                amendments, all written statements                        of 1934 (‘‘Act’’) 1 and Rule 19b–4                     [Release No. 34–77819; File No. SR–
                                                                                                          thereunder,2 a proposed rule change to                 BatsEDGX–2016–17]
                                                with respect to the proposed rule
                                                                                                          amend Exchange Rule 7.31P(h) to add a
                                                change that are filed with the                                                                                   Self-Regulatory Organizations; Bats
                                                                                                          new Discretionary Pegged Order. The
                                                Commission, and all written                               proposed rule change was published for                 EDGX Exchange, Inc.; Notice of Filing
                                                communications relating to the                            comment in the Federal Register on                     and Immediate Effectiveness of a
                                                proposed rule change between the                          March 30, 2016.3 The Commission                        Proposed Rule Change To Amend the
                                                Commission and any person, other than                     received two comment letters on the                    Description of Price Improving Orders
                                                those that may be withheld from the                       proposed rule change,4 as well as a                    Under Subparagraph (6) to Rule 21.1(d)
                                                public in accordance with the                             response from the Exchange.5                           and Add Subparagraph (4) to Rule
                                                provisions of 5 U.S.C. 552, will be                          Section 19(b)(2) of the Act 6 provides              21.1(h) Modifying the Operation of
                                                available for Web site viewing and                        that, within 45 days of the publication                Orders Subject to the Display Price
                                                printing in the Commission’s Public                       of notice of the filing of a proposed rule             Sliding Process When a Contra-Side
                                                Reference Room, 100 F Street NE.,                         change, or within such longer period up                Post Only Order Is Received by the
                                                Washington, DC 20549 on official                          to 90 days as the Commission may                       Bats EDGX Exchange Options Platform
                                                business days between the hours of                        designate if it finds such longer period
                                                                                                                                                                 May 12, 2016.
                                                10:00 a.m. and 3:00 p.m. Copies of such                   to be appropriate and publishes its
                                                                                                                                                                    Pursuant to Section 19(b)(1) of the
                                                filing also will be available for                         reasons for so finding or as to which the
                                                                                                                                                                 Securities Exchange Act of 1934 (the
                                                inspection and copying at the principal                   self-regulatory organization consents,
                                                                                                                                                                 ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                office of the ISE. All comments received                  the Commission shall either approve the
                                                                                                                                                                 notice is hereby given that on May 3,
                                                will be posted without change; the                        proposed rule change, disapprove the
                                                                                                                                                                 2016, Bats EDGX Exchange, Inc. f/k/a
                                                Commission does not edit personal                         proposed rule change, or institute
                                                                                                                                                                 EDGX Exchange, Inc. (the ‘‘Exchange’’
                                                identifying information from                              proceedings to determine whether the
                                                                                                                                                                 or ‘‘EDGX’’) filed with the Securities
                                                submissions. You should submit only                       proposed rule change should be
                                                                                                                                                                 and Exchange Commission
                                                information that you wish to make                         disapproved. The 45th day after
                                                                                                                                                                 (‘‘Commission’’) the proposed rule
                                                available publicly. All submissions                       publication of the notice for this
                                                                                                                                                                 change as described in Items I and II
                                                                                                          proposed rule change is May 14, 2016.
                                                should refer to File Number SR–ISE–                                                                              below, which Items have been prepared
                                                                                                          The Commission is extending this
                                                2016–13 and should be submitted by                                                                               by the Exchange. The Exchange has
                                                                                                          45-day time period.
                                                June 8, 2016.                                                                                                    designated this proposal as a ‘‘non-
                                                                                                             The Commission finds that it is
                                                  For the Commission, by the Division of                                                                         controversial’’ proposed rule change
                                                                                                          appropriate to designate a longer period
                                                Trading and Markets, pursuant to delegated                                                                       pursuant to Section 19(b)(3)(A) of the
                                                                                                          within which to take action on the
                                                authority.16                                                                                                     Act 3 and Rule 19b–4(f)(6)(iii)
                                                                                                          proposed rule change so that it has
                                                                                                                                                                 thereunder,4 which renders it effective
                                                Robert W. Errett,                                         sufficient time to consider the proposed
                                                                                                                                                                 upon filing with the Commission. The
                                                Deputy Secretary.                                         rule change. Accordingly, the
                                                                                                                                                                 Commission is publishing this notice to
                                                [FR Doc. 2016–11644 Filed 5–17–16; 8:45 am]               Commission, pursuant to Section
                                                                                                                                                                 solicit comments on the proposed rule
                                                BILLING CODE 8011–01–P
                                                                                                            1 15
                                                                                                                                                                 change from interested persons.
                                                                                                                 U.S.C. 78s(b)(1).
                                                                                                            2 17 CFR 240.19b–4.                                  I. Self-Regulatory Organization’s
                                                                                                            3 See Securities Exchange Act Release No. 77441
                                                                                                                                                                 Statement of the Terms of Substance of
                                                                                                          (March 24, 2016), 81 FR 17749.                         the Proposed Rule Change
                                                                                                            4 See Letter from Sophia Lee, General Counsel,

                                                                                                          IEX Group, Inc., to Brent J. Fields, Secretary,           The Exchange filed a proposal to: (i)
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                                                                                                          Commission, dated April 15, 2016; Letter from John     Amend the description of Price
                                                                                                          C. Nagel, Managing Director and Senior Deputy
                                                                                                          General Counsel, Citadel LLC, to Brent J. Fields,        7 15
                                                                                                          Secretary, Commission, dated April 20, 2016.                  U.S.C. 78s(b)(2).
                                                                                                                                                                   8 17 CFR 200.30–3(a)(31).
                                                                                                            5 See Letter from Elizabeth K. King, General
                                                                                                                                                                   1 15 U.S.C. 78s(b)(1).
                                                                                                          Counsel and Corporate Secretary, New York Stock
                                                                                                                                                                   2 17 CFR 240.19b–4.
                                                                                                          Exchange, to Brent J. Fields, Secretary, Commission,
                                                                                                          dated April 27, 2016.                                    3 15 U.S.C. 78s(b)(3)(A).
                                                  16 17   CFR 200.30–3(a)(12).                              6 15 U.S.C. 78s(b)(2).                                 4 17 CFR 240.19b–4(f)(6)(iii).




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Document Created: 2016-05-18 00:07:06
Document Modified: 2016-05-18 00:07:06
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 31270 

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