81_FR_4727 81 FR 4710 - 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 4710 - 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 17 (January 27, 2016)

Page Range4710-4712
FR Document2016-01663

Federal Register, Volume 81 Issue 17 (Wednesday, January 27, 2016)
[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Notices]
[Pages 4710-4712]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01663]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76957; File No. SR-ISE-2016-03]


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

January 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 January 13, 2016, the International Securities Exchange, LLC 
(the ``Exchange'' or ``ISE'') filed with the Securities and Exchange 
Commission the proposed rule change, as described in Items I, II, and 
III below, which items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    ISE proposes to amend the Schedule of Fees as described in more 
detail below. The text of the proposed rule change is available on the 
Exchange's Internet Web site at http://www.ise.com, at the principal 
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rebate is to amend the Schedule of Fees 
to introduce a new set of rebates to the Qualified Contingent Cross 
(``QCC'') and/or other solicited crossing orders, including solicited 
orders executed in the Solicitation, Facilitation or Price Improvement 
Mechanisms, pricing initiative that offers rebates to members that 
execute a specified volume of QCC and other solicited crossing orders 
in a month. The proposed rebates apply to QCC and solicited orders 
between two Priority Customers \3\ (`` `Customer to Customer' Orders'') 
executed by members that (1) execute a specified volume of QCC and 
solicited orders in a given month and (2) have a total unsolicited 
originating Facilitation contract side volume of 175,000 or more per 
month. The Exchange notes it is not proposing any change to how volume 
is calculated for the current volume tiers. Thus, members will continue 
to obtain the tier level based on all QCC and/or solicited crossing 
orders' originating side volume. Members will also continue to receive 
the Non-``Customer to Customer'' Order \4\ rebate for their Non-
``Customer to Customer'' Orders and the ``Customer to Customer'' Order 
rebate for their ``Customer to Customer'' Orders.
---------------------------------------------------------------------------

    \3\ The term ``Priority Customer'' means a person or entity that 
(i) is not a broker or dealer in securities, and (ii) does not place 
more than 390 orders in listed options per day on average during a 
calendar month for its own beneficial account(s).
    \4\ ``Non-`Customer to Customer' Orders'' are QCC and/or other 
solicited crossing orders, including solicited orders executed in 
the Solicitation, Facilitation or Price Improvement Mechanisms, and 
excluding ``Customer to Customer'' Orders.
---------------------------------------------------------------------------

    Currently, the Exchange offers members rebates in QCC and/or other 
solicited crossing orders (including ``Customer to Customer'' Orders), 
i.e.

[[Page 4711]]

orders executed in the Solicitation, Facilitation, or Price Improvement 
Mechanisms where the agency order is executed against an order 
solicited from another party. These rebates are provided for each 
originating side of a crossing order, based on a member's volume in the 
crossing mechanisms during a given month. Currently, for the Non-
``Customer to Customer'' Rebate, for members that execute 0 to 99,999 
originating contract sides (``Tier 1'') the rebate is $0.00 per 
contract, for members that execute 100,000 to 199,999 originating 
contract sides (``Tier 2'') the rebate is $0.05 per contract, for 
members that execute 200,000 to 499,999 originating contract sides 
(``Tier 3'') the rebate is $0.07 per contract, for members that execute 
500,000 to 699,999 originating contract sides (``Tier 4'') the rebate 
is $0.08 per contract, for members that execute 700,000 to 999,999 
originating contract sides (``Tier 5'') the rebate is $0.09 per 
contract, and for members that execute 1,000,000 originating contract 
sides or more (``Tier 6'') the rebate is $0.11 per contract.\5\ Also, 
for the ``Customer to Customer'' Rebate, for Tier 1 the rebate is 
$0.00, for Tiers 2 through 3 the rebate is $0.01, and for Tiers 4 
through 6 the rebate is $0.03.
---------------------------------------------------------------------------

    \5\ The rebate is applied to the originating contract side of 
QCC and solicited crossing orders traded in a given month once a 
member reaches the specified volume threshold/Tier during that 
month.
---------------------------------------------------------------------------

    The Exchange now proposes to offer a new set of rebates called 
``Customer to Customer'' Rebate PLUS. The proposed rebates apply to 
``Customer to Customer'' Orders executed by members with (1) a 
specified volume of QCC and other solicited crossing orders in a given 
month and (2) 175,000 or more unsolicited originating Facilitation 
contract sides per month. The Facilitation Mechanism is a process by 
which an Electronic Access Member (``EAM'') can execute a transaction 
wherein the EAM seeks to facilitate a block-size order it represents as 
agent, and/or a transaction wherein the EAM solicited interest to 
execute against a block-size order it represents as agent.\6\ Only 
orders entered into the Facilitation Mechanism that are facilitated by 
the entering EAM (i.e. unsolicited Facilitation orders) will count 
towards the volume threshold described above.\7\ Once a member has met 
the volume thresholds described above, the member will receive a rebate 
for each originating contract side of their ``Customer to Customer'' 
Orders. In particular, the member will receive a ``Customer to 
Customer'' Rebate PLUS of $0.00 per contract for Tier 1, and $0.05 per 
contract for Tiers 2 through 6. The Exchange notes that members may 
receive either the ``Customer to Customer'' Rebate or the ``Customer to 
Customer'' Rebate PLUS--not both.
---------------------------------------------------------------------------

    \6\ See Rule 716(d).
    \7\ In addition, the Exchange notes that it will only count 
originating contract sides in determining whether the EAM has met 
the 175,000 contract threshold.
---------------------------------------------------------------------------

    Finally, all originating contract side volume will continue to 
contribute to the member's Tier level, however a member's ``Customer to 
Customer'' rebate will depend on its unsolicited originating 
Facilitation volume. For example, if a member has 175,000 originating 
contract sides for Non-``Customer to Customer'' Orders and 75,000 
originating contract sides for ``Customer to Customer'' Orders, the 
member's aggregated volume will be 250,000 placing them in Tier 3 
(200,000 to 499,999). As a result, the member will receive a rebate of 
$0.07 per originating contract side for its Non-``Customer to 
Customer'' Orders and a rebate of either 1) $0.01 per originating 
contract side for its ``Customer to Customer'' Orders (i.e. ``Customer 
to Customer'' Rebate) or 2) if the member has 175,000 or more 
unsolicited originating Facilitation contract sides, $0.05 per 
originating side for its ``Customer to Customer'' Orders (i.e. 
``Customer to Customer'' Rebate PLUS).
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6 of the Act,\8\ in general, and Section 
6(b)(4) of the Act,\9\ 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that it is reasonable and equitable to 
provide for the opportunity to receive these rebates because they will 
incentivize members to send varying types of crossing volumes to the 
Exchange. In particular, the proposed rebates will encourage members to 
send unsolicited Facilitation orders to meet the 175,000 volume 
threshold to obtain the greater PLUS Rebate and encourage more 
`Customer to Customer' volume to achieve the higher rebates. Further, 
the Exchange believes it is reasonable and equitable to provide for the 
opportunity to receive the proposed rebates because they are attractive 
to market participants, and many exchanges, including CBOE for example, 
offer no rebate for customer to customer executions.\10\ Finally, the 
Exchange believes that the proposed fees are not unfairly 
discriminatory because these rebates would be uniformly applied to all 
members' ``Customer to Customer'' Orders that meet the required volume 
thresholds.
---------------------------------------------------------------------------

    \10\ See CBOE Fee Schedule, QCC Rate Table, Notes at https://www.cboe.com/publish/feeschedule/CBOEFeeSchedule.pdf.
---------------------------------------------------------------------------

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

    In accordance with Section 6(b)(8) of the Act,\11\ 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 Exchange 
believes that the proposed rebates are attractive to market 
participants and are better than the rebates (if any) offered by other 
exchanges.\12\ 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.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(8).
    \12\ CBOE for example, offers no rebate (credit) for customer to 
customer executions. See CBOE Fee Schedule, QCC Rate Table, Notes at 
https://www.cboe.com/publish/feeschedule/CBOEFeeSchedule.pdf.
---------------------------------------------------------------------------

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,\13\ and subparagraph (f)(2) of Rule 19b-4 
thereunder,\14\ because it establishes a due, fee, or other charge 
imposed by ISE.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \14\ 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

[[Page 4712]]

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-2016-03 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2016-03. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-ISE-2016-03 and should be 
submitted by February 17, 2016.
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
Brent J. Fields,
Secretary.
[FR Doc. 2016-01663 Filed 1-26-16; 8:45 am]
BILLING CODE 8011-01-P



                                                    4710                        Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Notices

                                                    the Commission does not edit personal                    Commission finds good cause for                        II. Self-Regulatory Organization’s
                                                    identifying information from                             approving the proposed rule change, as                 Statement of the Purpose of, and
                                                    submissions. You should submit only                      modified by Amendment Nos. 1 and 2,                    Statutory Basis for, the Proposed Rule
                                                    information that you wish to make                        on an accelerated basis, pursuant to                   Change
                                                    available publicly. All submissions                      Section 19(b)(2) of the Act.                              In its filing with the Commission, the
                                                    should refer to File Number SR–C2–                                                                              Exchange included statements
                                                    2015–033 and should be submitted on                      VI. Conclusion
                                                                                                                                                                    concerning the purpose of, and basis for,
                                                    or before February 17, 2016.                               It is therefore ordered, pursuant to                 the proposed rule change and discussed
                                                    V. Accelerated Approval of Proposed                      Section 19(b)(2) of the Act 26 that the                any comments it received on the
                                                    Rule Change, as Modified by                              proposed rule change (SR–C2–2015–                      proposed rule change. The text of these
                                                    Amendment Nos. 1 and 2                                   033), as modified by Amendment Nos.                    statements may be examined at the
                                                                                                             1 and 2, be, and hereby is, approved on                places specified in Item IV below. The
                                                      The Commission finds good cause,                       an acceleratedbasis.                                   self-regulatory organization has
                                                    pursuant to Section 19(b)(2) of the Act,
                                                                                                               For the Commission, by the Division of               prepared summaries, set forth in
                                                    to approve the proposed rule change, as
                                                                                                             Trading and Markets, pursuant to delegated             Sections A, B and C below, of the most
                                                    modified by Amendment Nos. 1 and 2,
                                                                                                             authority.27                                           significant aspects of such statements.
                                                    prior to the 30th day after the date of
                                                    publication of Amendment No. 2 in the                    Brent J. Fields,                                       A. Self-Regulatory Organization’s
                                                    Federal Register. As discussed above,                    Secretary.                                             Statement of the Purpose of, and
                                                    Amendment No. 2 clarified that the                       [FR Doc. 2016–01539 Filed 1–26–16; 8:45 am]            Statutory Basis for, the Proposed Rule
                                                    Exchange will notify Trading Permit                      BILLING CODE 8011–01–P                                 Change
                                                    Holders by electronic message if the
                                                                                                                                                                    1. Purpose
                                                    Exchange determines that the put strike
                                                    price or call underlying value check                     SECURITIES AND EXCHANGE                                   The purpose of the proposed rebate is
                                                    should not apply in the interest of                      COMMISSION                                             to amend the Schedule of Fees to
                                                    maintaining a fair and orderly market                                                                           introduce a new set of rebates to the
                                                    under proposed Exchange Rule                             [Release No. 34–76957; File No. SR–ISE–                Qualified Contingent Cross (‘‘QCC’’)
                                                    6.17(d)(ii).23 C2 also represented in                    2016–03]                                               and/or other solicited crossing orders,
                                                    Amendment No. 2 that the Exchange                                                                               including solicited orders executed in
                                                    will document, retain, and periodically                  Self-Regulatory Organizations;                         the Solicitation, Facilitation or Price
                                                    review any Exchange decision to not                      International Securities Exchange,                     Improvement Mechanisms, pricing
                                                    apply the put check or call check under                  LLC; Notice of Filing and Immediate                    initiative that offers rebates to members
                                                    proposed Exchange Rule 6.17(d)(ii),                      Effectiveness of Proposed Rule                         that execute a specified volume of QCC
                                                    including the reason for the decision.24                 Change To Amend the Schedule of                        and other solicited crossing orders in a
                                                    Lastly, in Amendment No. 2, C2                           Fees                                                   month. The proposed rebates apply to
                                                    clarified that the potential range of the                                                                       QCC and solicited orders between two
                                                                                                             January 21, 2016.                                      Priority Customers 3 (‘‘ ‘Customer to
                                                    percentage amount it will use to
                                                    calculate the maximum value acceptable                      Pursuant to Section 19(b)(1) of the                 Customer’ Orders’’) executed by
                                                    price range check in proposed Exchange                   Securities Exchange Act of 1934 (the                   members that (1) execute a specified
                                                    Rule 6.17, Interpretation and Policy                     ‘‘Act’’),1 and Rule 19b–4 thereunder,2                 volume of QCC and solicited orders in
                                                    .04(h)(1)(iii), is between 1% and 5%.25                  notice is hereby given that on January                 a given month and (2) have a total
                                                    The Commission believes that these                       13, 2016, the International Securities                 unsolicited originating Facilitation
                                                    changes provide greater clarity and                      Exchange, LLC (the ‘‘Exchange’’ or                     contract side volume of 175,000 or more
                                                    remove any possible uncertainty                          ‘‘ISE’’) filed with the Securities and                 per month. The Exchange notes it is not
                                                    regarding the potential exercise of                      Exchange Commission the proposed                       proposing any change to how volume is
                                                    Exchange discretion with regard to the                   rule change, as described in Items I, II,              calculated for the current volume tiers.
                                                    proposed price protection mechanisms.                    and III below, which items have been                   Thus, members will continue to obtain
                                                    In particular, the representation about                  prepared by the self-regulatory                        the tier level based on all QCC and/or
                                                    documenting, retaining, and                              organization. The Commission is                        solicited crossing orders’ originating
                                                    periodically reviewing decisions to                      publishing this notice to solicit                      side volume. Members will also
                                                    suspend a price check will enable C2 to                  comments on the proposed rule change                   continue to receive the Non-‘‘Customer
                                                    monitor the actions of its senior Help                   from interested persons.                               to Customer’’ Order 4 rebate for their
                                                    Desk personnel and assure that the                                                                              Non-‘‘Customer to Customer’’ Orders
                                                                                                             I. Self-Regulatory Organization’s                      and the ‘‘Customer to Customer’’ Order
                                                    suspension of any price check is                         Statement of the Terms of Substance of
                                                    appropriate and consistent with C2’s                                                                            rebate for their ‘‘Customer to Customer’’
                                                                                                             the Proposed Rule Change                               Orders.
                                                    responsibilities as a self-regulatory
                                                    organization and the principles                             ISE proposes to amend the Schedule                     Currently, the Exchange offers
                                                    articulated in the Act that are applicable               of Fees as described in more detail                    members rebates in QCC and/or other
                                                    to exchanges. Further, clarifying the                    below. The text of the proposed rule                   solicited crossing orders (including
                                                    possible range of the maximum value                      change is available on the Exchange’s                  ‘‘Customer to Customer’’ Orders), i.e.
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    acceptable price range provides valuable                 Internet Web site at http://www.ise.com,                 3 The term ‘‘Priority Customer’’ means a person
                                                    information to Trading Permit Holders                    at the principal office of the Exchange,               or entity that (i) is not a broker or dealer in
                                                    to help them better understand and                       and at the Commission’s Public                         securities, and (ii) does not place more than 390
                                                    evaluate this price protection                           Reference Room.                                        orders in listed options per day on average during
                                                    functionality. Accordingly, the                                                                                 a calendar month for its own beneficial account(s).
                                                                                                                                                                      4 ‘‘Non-‘Customer to Customer’ Orders’’ are QCC
                                                                                                               26 15 U.S.C. 78f(b)(2).                              and/or other solicited crossing orders, including
                                                      23 See   Amendment No. 2, supra note 4.                  27 17 CFR 200.30–3(a)(12).                           solicited orders executed in the Solicitation,
                                                      24 Id.                                                   1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                    Facilitation or Price Improvement Mechanisms, and
                                                      25 Id.                                                   2 17 CFR 240.19b–4.                                  excluding ‘‘Customer to Customer’’ Orders.



                                               VerDate Sep<11>2014    19:41 Jan 26, 2016   Jkt 238001   PO 00000   Frm 00103   Fmt 4703   Sfmt 4703   E:\FR\FM\27JAN1.SGM   27JAN1


                                                                                Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Notices                                                        4711

                                                    orders executed in the Solicitation,                    Customer’’ Orders. In particular, the                    executions.10 Finally, the Exchange
                                                    Facilitation, or Price Improvement                      member will receive a ‘‘Customer to                      believes that the proposed fees are not
                                                    Mechanisms where the agency order is                    Customer’’ Rebate PLUS of $0.00 per                      unfairly discriminatory because these
                                                    executed against an order solicited from                contract for Tier 1, and $0.05 per                       rebates would be uniformly applied to
                                                    another party. These rebates are                        contract for Tiers 2 through 6. The                      all members’ ‘‘Customer to Customer’’
                                                    provided for each originating side of a                 Exchange notes that members may                          Orders that meet the required volume
                                                    crossing order, based on a member’s                     receive either the ‘‘Customer to                         thresholds.
                                                    volume in the crossing mechanisms                       Customer’’ Rebate or the ‘‘Customer to
                                                                                                                                                                     B. Self-Regulatory Organization’s
                                                    during a given month. Currently, for the                Customer’’ Rebate PLUS—not both.
                                                                                                               Finally, all originating contract side                Statement on Burden on Competition
                                                    Non-‘‘Customer to Customer’’ Rebate,
                                                    for members that execute 0 to 99,999                    volume will continue to contribute to                      In accordance with Section 6(b)(8) of
                                                    originating contract sides (‘‘Tier 1’’) the             the member’s Tier level, however a                       the Act,11 the Exchange does not believe
                                                    rebate is $0.00 per contract, for members               member’s ‘‘Customer to Customer’’                        that the proposed rule change will
                                                    that execute 100,000 to 199,999                         rebate will depend on its unsolicited                    impose any burden on intermarket or
                                                    originating contract sides (‘‘Tier 2’’) the             originating Facilitation volume. For                     intramarket competition that is not
                                                    rebate is $0.05 per contract, for members               example, if a member has 175,000                         necessary or appropriate in furtherance
                                                    that execute 200,000 to 499,999                         originating contract sides for Non-                      of the purposes of the Act. The
                                                    originating contract sides (‘‘Tier 3’’) the             ‘‘Customer to Customer’’ Orders and                      Exchange believes that the proposed
                                                    rebate is $0.07 per contract, for members               75,000 originating contract sides for                    rebates are attractive to market
                                                    that execute 500,000 to 699,999                         ‘‘Customer to Customer’’ Orders, the                     participants and are better than the
                                                    originating contract sides (‘‘Tier 4’’) the             member’s aggregated volume will be                       rebates (if any) offered by other
                                                    rebate is $0.08 per contract, for members               250,000 placing them in Tier 3 (200,000                  exchanges.12 The Exchange operates in
                                                    that execute 700,000 to 999,999                         to 499,999). As a result, the member will                a highly competitive market in which
                                                    originating contract sides (‘‘Tier 5’’) the             receive a rebate of $0.07 per originating                market participants can readily direct
                                                    rebate is $0.09 per contract, and for                   contract side for its Non-‘‘Customer to                  their order flow to competing venues. In
                                                    members that execute 1,000,000                          Customer’’ Orders and a rebate of either                 such an environment, the Exchange
                                                    originating contract sides or more (‘‘Tier              1) $0.01 per originating contract side for               must continually review, and consider
                                                    6’’) the rebate is $0.11 per contract.5                 its ‘‘Customer to Customer’’ Orders (i.e.                adjusting, its fees and rebates to remain
                                                    Also, for the ‘‘Customer to Customer’’                  ‘‘Customer to Customer’’ Rebate) or 2) if                competitive with other exchanges. For
                                                    Rebate, for Tier 1 the rebate is $0.00, for             the member has 175,000 or more                           the reasons described above, the
                                                    Tiers 2 through 3 the rebate is $0.01,                  unsolicited originating Facilitation                     Exchange believes that the proposed fee
                                                    and for Tiers 4 through 6 the rebate is                 contract sides, $0.05 per originating side               changes reflect this competitive
                                                    $0.03.                                                  for its ‘‘Customer to Customer’’ Orders                  environment.
                                                       The Exchange now proposes to offer                   (i.e. ‘‘Customer to Customer’’ Rebate                    C. Self-Regulatory Organization’s
                                                    a new set of rebates called ‘‘Customer to               PLUS).                                                   Statement on Comments on the
                                                    Customer’’ Rebate PLUS. The proposed                                                                             Proposed Rule Change Received From
                                                                                                            2. Statutory Basis
                                                    rebates apply to ‘‘Customer to                                                                                   Members, Participants, or Others
                                                    Customer’’ Orders executed by members                      The Exchange believes that the
                                                    with (1) a specified volume of QCC and                  proposed rule change is consistent with                    The Exchange has not solicited, and
                                                    other solicited crossing orders in a given              the provisions of Section 6 of the Act,8                 does not intend to solicit, comments on
                                                    month and (2) 175,000 or more                           in general, and Section 6(b)(4) of the                   this proposed rule change. The
                                                    unsolicited originating Facilitation                    Act,9 in particular, in that it is designed              Exchange has not received any
                                                    contract sides per month. The                           to provide for the equitable allocation of               unsolicited written comments from
                                                    Facilitation Mechanism is a process by                  reasonable dues, fees, and other charges                 members or other interested parties.
                                                    which an Electronic Access Member                       among its members and other persons                      III. Date of Effectiveness of the
                                                    (‘‘EAM’’) can execute a transaction                     using its facilities.                                    Proposed Rule Change and Timing for
                                                    wherein the EAM seeks to facilitate a                      The Exchange believes that it is                      Commission Action
                                                    block-size order it represents as agent,                reasonable and equitable to provide for
                                                                                                            the opportunity to receive these rebates                    The foregoing rule change has become
                                                    and/or a transaction wherein the EAM                                                                             effective pursuant to Section
                                                    solicited interest to execute against a                 because they will incentivize members
                                                                                                            to send varying types of crossing                        19(b)(3)(A)(ii) of the Act,13 and
                                                    block-size order it represents as agent.6                                                                        subparagraph (f)(2) of Rule 19b–4
                                                    Only orders entered into the Facilitation               volumes to the Exchange. In particular,
                                                                                                            the proposed rebates will encourage                      thereunder,14 because it establishes a
                                                    Mechanism that are facilitated by the                                                                            due, fee, or other charge imposed by
                                                    entering EAM (i.e. unsolicited                          members to send unsolicited
                                                                                                            Facilitation orders to meet the 175,000                  ISE.
                                                    Facilitation orders) will count towards                                                                             At any time within 60 days of the
                                                    the volume threshold described above.7                  volume threshold to obtain the greater
                                                                                                                                                                     filing of such proposed rule change, the
                                                    Once a member has met the volume                        PLUS Rebate and encourage more
                                                                                                                                                                     Commission summarily may
                                                    thresholds described above, the member                  ‘Customer to Customer’ volume to
                                                                                                                                                                     temporarily suspend such rule change if
                                                    will receive a rebate for each originating              achieve the higher rebates. Further, the
                                                    contract side of their ‘‘Customer to                    Exchange believes it is reasonable and                      10 See CBOE Fee Schedule, QCC Rate Table, Notes
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            equitable to provide for the opportunity                 at https://www.cboe.com/publish/feeschedule/
                                                      5 The rebate is applied to the originating contract   to receive the proposed rebates because                  CBOEFeeSchedule.pdf.
                                                    side of QCC and solicited crossing orders traded in     they are attractive to market                               11 15 U.S.C. 78f(b)(8).

                                                    a given month once a member reaches the specified       participants, and many exchanges,                           12 CBOE for example, offers no rebate (credit) for

                                                    volume threshold/Tier during that month.                                                                         customer to customer executions. See CBOE Fee
                                                      6 See Rule 716(d).
                                                                                                            including CBOE for example, offer no                     Schedule, QCC Rate Table, Notes at https://
                                                      7 In addition, the Exchange notes that it will only
                                                                                                            rebate for customer to customer                          www.cboe.com/publish/feeschedule/
                                                    count originating contract sides in determining                                                                  CBOEFeeSchedule.pdf.
                                                                                                              8 15   U.S.C. 78f.                                        13 15 U.S.C. 78s(b)(3)(A)(ii).
                                                    whether the EAM has met the 175,000 contract
                                                    threshold.                                                9 15   U.S.C. 78f(b)(4).                                  14 17 CFR 240.19b–4(f)(2).




                                               VerDate Sep<11>2014   19:41 Jan 26, 2016   Jkt 238001   PO 00000   Frm 00104     Fmt 4703   Sfmt 4703   E:\FR\FM\27JAN1.SGM   27JAN1


                                                    4712                       Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Notices

                                                    it appears to the Commission that such                  2016–03 and should be submitted by                     are collectively referred to herein as the
                                                    action is necessary or appropriate in the               February 17, 2016.                                     ‘‘Shares.’’
                                                    public interest, for the protection of                    For the Commission, by the Division of               II. Self-Regulatory Organization’s
                                                    investors, or otherwise in furtherance of               Trading and Markets, pursuant to delegated             Statement of the Purpose of, and
                                                    the purposes of the Act. If the                         authority.15
                                                    Commission takes such action, the                                                                              Statutory Basis for, the Proposed Rule
                                                                                                            Brent J. Fields,                                       Change
                                                    Commission shall institute proceedings                  Secretary.
                                                    to determine whether the proposed rule                                                                           In its filing with the Commission,
                                                                                                            [FR Doc. 2016–01663 Filed 1–26–16; 8:45 am]
                                                    should be approved or disapproved.                                                                             Nasdaq included statements concerning
                                                                                                            BILLING CODE 8011–01–P
                                                                                                                                                                   the purpose of, and basis for, the
                                                    IV. Solicitation of Comments
                                                                                                                                                                   proposed rule change. The text of these
                                                      Interested persons are invited to                                                                            statements may be examined at the
                                                    submit written data, views, and                         SECURITIES AND EXCHANGE
                                                                                                            COMMISSION                                             places specified in Item IV below.
                                                    arguments concerning the foregoing,                                                                            Nasdaq has prepared summaries, set
                                                    including whether the proposed rule                                                                            forth in Sections A, B, and C below, of
                                                    change is consistent with the Act.                      [Release No. 34–76944; File No. SR–                    the most significant aspects of such
                                                    Comments may be submitted by any of                     NASDAQ–2016–002]
                                                                                                                                                                   statements.
                                                    the following methods:
                                                                                                            Self-Regulatory Organizations; The                     A. Self-Regulatory Organization’s
                                                    Electronic Comments                                     NASDAQ Stock Market LLC; Notice of                     Statement of the Purpose of, and
                                                      • Use the Commission’s Internet                       Filing of Proposed Rule Change To                      Statutory Basis for, the Proposed Rule
                                                    comment form http://www.sec.gov/                        List and Trade Shares of the First Trust               Change
                                                    rules/sro.shtml); or                                    Municipal High Income ETF of First
                                                                                                                                                                   1. Purpose
                                                      • Send an Email to rule-comments@                     Trust Exchange-Traded Fund III
                                                    sec.gov. Please include File No. SR–ISE–                                                                          The Exchange proposes to list and
                                                                                                            January 21, 2016.
                                                    2016–03 on the subject line.                                                                                   trade the Shares of the Fund under
                                                                                                               Pursuant to Section 19(b)(1) of the                 Nasdaq Rule 5735, which governs the
                                                    Paper Comments                                          Securities Exchange Act of 1934                        listing and trading of Managed Fund
                                                       • Send paper comments in triplicate                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2                Shares 4 on the Exchange. The Fund will
                                                    to Secretary, Securities and Exchange                   notice is hereby given that on January 6,              be an actively-managed exchange-traded
                                                    Commission, 100 F Street NE.,                           2016, The NASDAQ Stock Market LLC                      fund (‘‘ETF’’). The Shares will be
                                                    Washington, DC 20549–1090.                              (‘‘Nasdaq’’ or the ‘‘Exchange’’) filed with            offered by the Trust, which was
                                                    All submissions should refer to File                    the Securities and Exchange                            established as a Massachusetts business
                                                    Number SR–ISE–2016–03. This file                        Commission (‘‘Commission’’) the                        trust on January 9, 2008.5 The Trust is
                                                    number should be included on the                        proposed rule change as described in in                registered with the Commission as an
                                                    subject line if email is used. To help the              Items I and II below, which Items have                 investment company and has filed a
                                                    Commission process and review your                      been prepared by Nasdaq. The                           registration statement on Form N–1A
                                                    comments more efficiently, please use                   Commission is publishing this notice to                (‘‘Registration Statement’’) with the
                                                    only one method. The Commission will                    solicit comments on the proposed rule
                                                    post all comments on the Commission’s                   change from interested persons.                           4 A Managed Fund Share is a security that

                                                    Internet Web site (http://www.sec.gov/                  I. Self-Regulatory Organization’s                      represents an interest in an investment company
                                                    rules/sro.shtml). Copies of the                                                                                registered under the Investment Company Act of
                                                                                                            Statement of the Terms of Substance of                 1940 (15 U.S.C. 80a-1) (the ‘‘1940 Act’’) organized
                                                    submission, all subsequent                              the Proposed Rule Change                               as an open-end investment company or similar
                                                    amendments, all written statements                                                                             entity that invests in a portfolio of securities
                                                    with respect to the proposed rule                         Nasdaq proposes to list and trade the                selected by its investment adviser consistent with
                                                    change that are filed with the                          shares of the First Trust Municipal High               its investment objectives and policies. In contrast,
                                                                                                            Income ETF (the ‘‘Fund’’) of First Trust               an open-end investment company that issues Index
                                                    Commission, and all written                                                                                    Fund Shares, listed and traded on the Exchange
                                                    communications relating to the                          Exchange-Traded Fund III (the ‘‘Trust’’)               under Nasdaq Rule 5705, seeks to provide
                                                    proposed rule change between the                        under Nasdaq Rule 5735 (‘‘Managed                      investment results that correspond generally to the
                                                    Commission and any person, other than                   Fund Shares’’).3 The shares of the Fund                price and yield performance of a specific foreign or
                                                                                                                                                                   domestic stock index, fixed income securities index
                                                    those that may be withheld from the                                                                            or combination thereof.
                                                    public in accordance with the                             15 17  CFR 200.30–3(a)(12).                             5 The Commission has issued an order, upon
                                                                                                              1 15  U.S.C. 78s(b)(1).
                                                    provisions of 5 U.S.C. 552, will be                                                                            which the Trust may rely, granting certain
                                                                                                               2 17 CFR 240.19b–4.
                                                    available for Web site viewing and                                                                             exemptive relief under the 1940 Act. See
                                                                                                               3 The Commission approved Nasdaq Rule 5735 in       Investment Company Act Release No. 30029 (April
                                                    printing in the Commission’s Public                     Securities Exchange Act Release No. 57962 (June        10, 2012) (File No. 812–13795) (the ‘‘Exemptive
                                                    Reference Room, 100 F Street NE.,                       13, 2008), 73 FR 35175 (June 20, 2008) (SR-            Relief’’). In addition, on December 6, 2012, the staff
                                                    Washington, DC 20549 on official                        NASDAQ–2008–039). There are already multiple           of the Commission’s Division of Investment
                                                    business days between the hours of                      actively-managed funds listed on the Exchange; see,    Management (‘‘Division’’) issued a no-action letter
                                                                                                            e.g., Securities Exchange Act Release Nos. 71913       (‘‘No-Action Letter’’) relating to the use of
                                                    10:00 a.m. and 3:00 p.m. Copies of such                 (April 9, 2014), 79 FR 21333 (April 15, 2014) (SR–     derivatives by actively-managed ETFs. See No-
                                                    filing also will be available for                       NASDAQ–2014–019) (order approving listing and          Action Letter dated December 6, 2012 from
                                                    inspection and copying at the principal
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            trading of First Trust Managed Municipal ETF);         Elizabeth G. Osterman, Associate Director, Office of
                                                    office of the Exchange. All comments                    69464 (April 26, 2013), 78 FR 25774 (May 2, 2013)      Exemptive Applications, Division of Investment
                                                                                                            (SR–NASDAQ–2013–036) (order approving listing          Management. The No-Action Letter stated that the
                                                    received will be posted without change;                 and trading of First Trust Senior Loan Fund); 66489    Division would not recommend enforcement action
                                                    the Commission does not edit personal                   (February 29, 2012), 77 FR 13379 (March 6, 2012)       to the Commission under applicable provisions of
                                                    identifying information from                            (SR–NASDAQ–2012–004) (order approving listing          and rules under the 1940 Act if actively-managed
                                                    submissions. You should submit only                     and trading of WisdomTree Emerging Markets             ETFs operating in reliance on specified orders
                                                                                                            Corporate Bond Fund). The Exchange believes the        (which include the Exemptive Relief) invest in
                                                    information that you wish to make                       proposed rule change raises no significant issues      options contracts, futures contracts or swap
                                                    available publicly. All submissions                     not previously addressed in those prior                agreements provided that they comply with certain
                                                    should refer to File Number SR–ISE–                     Commission orders.                                     representations stated in the No-Action Letter.



                                               VerDate Sep<11>2014   19:41 Jan 26, 2016   Jkt 238001   PO 00000   Frm 00105   Fmt 4703   Sfmt 4703   E:\FR\FM\27JAN1.SGM   27JAN1



Document Created: 2018-02-02 12:39:58
Document Modified: 2018-02-02 12:39:58
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 4710 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR