82_FR_14984 82 FR 14929 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees To Modify the Member Order Routing Program

82 FR 14929 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees To Modify the Member Order Routing Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 55 (March 23, 2017)

Page Range14929-14931
FR Document2017-05738

Federal Register, Volume 82 Issue 55 (Thursday, March 23, 2017)
[Federal Register Volume 82, Number 55 (Thursday, March 23, 2017)]
[Notices]
[Pages 14929-14931]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05738]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80267; File No. SR-ISE-2017-24]


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

March 17, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on March 10, 2017, the International Securities Exchange, LLC (``ISE'' 
or ``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II, 
and III, below, which Items have been prepared by the Exchange. 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 Exchange proposes to amend its Schedule of Fees to allow 
members to opt in to MORP for specific sessions rather than on a 
member-wide basis, and to increase MORP rebates for members that 
participate in the program.
    The text of the proposed rule change is available on the Exchange's 
Web site at 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 Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

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

1. Purpose
    On April 1, 2015, the Exchange launched the Member Order Routing 
Program (``MORP''),\3\ which is a program that provides enhanced 
rebates to order routing firms that select the Exchange as the default 
routing destination for unsolicited Crossing Orders.\4\ The purpose of 
the proposed rule change is to amend the Schedule of Fees to allow 
members to opt in to MORP for specific sessions rather than on a 
member-wide basis, and to increase MORP rebates for members that 
participate in the program. The Exchange believes that these changes 
will encourage members to participate in MORP.
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    \3\ See Securities Exchange Act Release No. 74706 (April 10, 
2016), 80 FR 20522 (April 16, 2016) (SR-ISE-2015-11).
    \4\ A ``Crossing Order'' is an order executed in the Exchange's 
Facilitation Mechanism, Solicited Order Mechanism, Price Improvement 
Mechanism (``PIM'') or submitted as a Qualified Contingent Cross 
(``QCC'') order. For purposes of the fee schedule, orders executed 
in the Block Order Mechanism are also considered Crossing Orders.
---------------------------------------------------------------------------

MORP Qualifications
    Currently, to be eligible to participate in MORP, an Electronic 
Access Member (``EAM'') must: (1) Provide to its clients, systems that 
enable the electronic routing of option orders to all of the U.S. 
options exchanges, including ISE; (2) interface with ISE to access the 
Exchange's electronic options trading platform; (3) offer to its 
clients a customized interface and routing functionality such that ISE 
will be the default destination for all unsolicited

[[Page 14930]]

Crossing Orders entered by the EAM,\5\ provided that market conditions 
allow the Crossing Order to be executed on ISE; (4) configure its own 
option order routing functionality such that ISE will be the default 
destination for all unsolicited Crossing Orders, provided that market 
conditions allow the Crossing Order to be executed on ISE, with respect 
to all option orders as to which the EAM has routing discretion; and 
(5) ensure that the default routing functionality permits users 
submitting option orders through such system to manually override the 
ISE as the default destination on an order-by-order basis.\6\
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    \5\ An unsolicited Crossing Order is a Crossing Order entered by 
a member that has not solicited the contra side of the trade.
    \6\ EAMs that wish to participate in the program must certify 
that they meet the above MORP requirements, in writing, on a monthly 
basis and in a form to be determined by the Exchange. The relevant 
notice must be provided by the last business day of the month for 
members to be eligible to participate in the MORP effective the 
first business day of the following month.
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    Importantly, today an EAM must opt in to MORP for all of its 
business, and cannot segment its business to be eligible for MORP for 
only specific portion of its order flow. This means that EAMs that 
would otherwise have a MORP qualifying business would be prohibited 
from participating in the program if certain segments of its business 
are not eligible for the program. The Exchange therefore proposes to 
increase the scope of MORP. In particular, the Exchange proposes to 
allow EAMs to opt in to MORP for specific sessions so that firms can 
appropriately segment their order flow such that sessions designated as 
MORP eligible can benefit from the program even though the firm may not 
qualify on a member-wide basis.\7\ As proposed, a member may designate 
one or more sessions to be eligible for MORP. If a session is 
designated as eligible for MORP all requirements for the program must 
be met for that session. In addition, to be eligible to participate in 
MORP an EAM must designate, in writing, to the Exchange which sessions 
are MORP eligible according to the criteria discussed above. Only 
designated sessions that are opted in to MORP will receive the benefits 
provided under the program. The Exchange believes that this change will 
make it easier for firms to participate in the program, thereby 
increasing volume executed in the Exchange's crossing mechanisms.
---------------------------------------------------------------------------

    \7\ A session is connection to the exchange over which a member 
submits orders. See Section V.C. of the Schedule of Fees.
---------------------------------------------------------------------------

Rebate for Unsolicited Crossing Orders
    Currently, an EAM that is MORP eligible receives a rebate for all 
unsolicited Crossing Orders of $0.05 per originating contract side, 
provided that the member executes a minimum average daily volume 
(``ADV'') in unsolicited Crossing Orders of at least 30,000 originating 
contract sides. This rebate is increased to $0.07 per originating 
contract side, provided that the member executes a higher ADV in 
unsolicited Crossing Orders of 100,000 originating contract sides.\8\ 
The Exchange proposes to increase the MORP rebate for eligible members 
that execute from 30,000 to 99,999 originating contract sides to $0.065 
per originating contract side. The MORP rebate for eligible members 
that execute 100,000 or more originating contract sides will remain 
$0.07 per originating contract side.
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    \8\ The rebate for the highest tier achieved is applied 
retroactively to all eligible contracts traded in a given month. For 
purposes of determining whether the member meets the above ADV 
thresholds, any day that the Exchange is not open for the entire 
trading day or the Exchange instructs members in writing to route 
their orders to other markets may be excluded from such calculation; 
provided that the Exchange will only remove the day for members that 
would have a lower ADV with the day included.
---------------------------------------------------------------------------

Facilitation and Solicitation Break-Up Rebate
    In addition, any EAM that qualifies for the MORP rebate by 
executing an ADV of 30,000 originating contract sides or more is also 
eligible for increased Facilitation and Solicitation break-up rebates 
\9\ for their Non-ISE Market Maker,\10\ Firm Proprietary,\11\ Broker-
Dealer,\12\ Professional Customer,\13\ and Priority Customer 
orders.\14\ Currently, MORP eligible members that execute a qualifying 
ADV in unsolicited Crossing Orders of at least 30,000 originating 
contract sides, receive a Facilitation and Solicitation break-up rebate 
that is $0.35 per contract for regular and complex orders in Select 
Symbols,\15\ $0.15 per contract for regular orders in Non-Select 
Symbols,\16\ $0.80 per contract for complex orders in Non-Select 
Symbols, and $0.15 per contract for regular and complex orders in 
foreign exchange option classes (``FX Options''). The Exchange proposes 
to increase these Facilitation and Solicitation break-up rebates for 
MORP-eligible members to $0.42 per contract for regular and complex 
orders in Select Symbols, $0.20 per contract for regular orders in Non-
Select Symbols, $1.08 per contract for complex orders in Non-Select 
Symbols. Regular and complex orders in FX Options will continue to 
receive a Facilitation and Solicitation break-up rebate of $0.15 per 
contract.
---------------------------------------------------------------------------

    \9\ Break-up rebates are provided for contracts that are 
submitted to the Facilitation and Solicited Order Mechanisms that do 
not trade with their contra order except when those contracts trade 
against pre-existing orders and quotes on the Exchange's orderbooks. 
The applicable fee for Crossing Orders is applied to any contracts 
for which a rebate is provided.
    \10\ 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.
    \11\ A ``Firm Proprietary'' order is an order submitted by a 
member for its own proprietary account.
    \12\ A ``Broker-Dealer'' order is an order submitted by a member 
for a broker-dealer account that is not its own proprietary account.
    \13\ A ``Professional Customer'' is a person or entity that is 
not a broker/dealer and is not a Priority Customer.
    \14\ A ``Priority Customer'' is a person or entity that is not a 
broker/dealer in securities, and does not place more than 390 orders 
in listed options per day on average during a calendar month for its 
own beneficial account(s), as defined in ISE Rule 100(a)(37A).
    \15\ ``Select Symbols'' are options overlying all symbols listed 
on the ISE that are in the Penny Pilot Program.
    \16\ ``Non-Select Symbols'' are options overlying all symbols 
excluding Select Symbols.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6 of the Act,\17\ in general, and 
Section 6(b)(4) of the Act,\18\ 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.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f.
    \18\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes the proposed change to the MORP 
qualifications is reasonable and equitable because it is designed to 
make it easier for EAMs to participate in the program. Currently, an 
EAM that wishes to participate in MORP must be eligible to participate 
across the entire firm. Thus, firms that have business segments that 
are not MORP-eligible cannot participate with respect to those business 
segments that are. The Exchange believes that the proposed rule change 
will allow firms to participate in the program if they meet the 
requirements with respect to any segment of their order flow. This will 
encourage order routing firms to execute additional unsolicited 
Crossing Order volume on the Exchange, and will benefit all market 
participants on ISE by creating additional liquidity and increased 
opportunity to trade. In addition, the Exchange believes that the 
proposed change is not unfairly discriminatory as it would make it 
easier for firms to participate in the program, thus potentially 
sharing the

[[Page 14931]]

rewards of the program with additional EAMs that may not otherwise 
qualify. With the proposed changes, any qualifying EAM with designated 
sessions that meet the requirements of the program by offering 
appropriate market access and connectivity to the Exchange will be able 
to participate in MORP on an equal and non-discriminatory basis.
    The Exchange believes the proposed increases to MORP rebates, 
including the rebate for unsolicited Crossing Orders, and the 
Facilitation and Solicitation break-up rebate, are reasonable and 
equitable because these changes are designed to incentivize additional 
participation in the program. Under MORP the Exchange currently 
provides enhanced rebates to EAMs that connect directly to the Exchange 
and provide their clients with order routing functionality that 
includes all U.S. options exchanges, including ISE. The Exchange 
proposes to increase the rebates to incentivize additional firms to 
participate in the program, and to encourage firms to send additional 
order flow to the Exchange in order to benefit from the increased 
rebates. The Exchange believes that the proposed rebates will be 
attractive to members to opt in to MORP, and are competitive with 
rebates provided on other options exchanges. In addition, the Exchange 
believes that the proposed rebates are not unfairly discriminatory as 
they apply to all EAMs that meet the program requirements and opt in to 
the program. Any EAM that participates in the program will be provided 
the increased rebates on an equal and non-discriminatory basis based on 
the order flow executed on the Exchange. While MORP is targeted towards 
unsolicited Crossing Order flow, the Exchange offers other incentive 
programs to promote and encourage growth in other business areas. For 
example, solicited Crossing Orders benefit from the QCC and 
Solicitation Rebate, which applies to all QCC and/or other solicited 
Crossing Orders, including solicited orders executed in the 
Solicitation, Facilitation or Price Improvement Mechanisms. The 
Exchange believes that MORP is appropriately tailored to the order flow 
that the Exchange is seeking to attract, and will benefit all market 
participants that trade on ISE by encouraging additional liquidity.

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

    In accordance with Section 6(b)(8) of the Act,\19\ 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 make it easier for firms to participate in 
MORP and increases incentives for doing so, in order to remain 
competitive with other options exchanges. 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.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

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.\20\ At any time within 60 days of the 
filing of the proposed rule change, the Commission summarily may 
temporarily suspend such rule change if it appears to the Commission 
that such action is: (i) Necessary or appropriate in the public 
interest; (ii) for the protection of investors; or (iii) 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.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-ISE-2017-24 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-2017-24. 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 the 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-2017-24 and should be 
submitted on or before April 13, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-05738 Filed 3-22-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Notices                                                     14929

                                                opportunity to make an oral                             filings also will be available for                    at www.ise.com, at the principal office
                                                presentation.35                                         inspection and copying at the principal               of the Exchange, and at the
                                                  Interested persons are invited to                     office of the Exchange. All comments                  Commission’s Public Reference Room.
                                                submit written data, views, and                         received will be posted without change;
                                                arguments regarding whether the                         the Commission does not edit personal                 II. Self-Regulatory Organization’s
                                                proposal should be approved or                          identifying information from                          Statement of the Purpose of, and
                                                disapproved by April 13, 2017. Any                      submissions. You should submit only                   Statutory Basis for, the Proposed Rule
                                                person who wishes to file a rebuttal to                 information that you wish to make                     Change
                                                any other person’s submission must file                 available publicly. All submissions                     In its filing with the Commission, the
                                                that rebuttal by April 27, 2017. The                    should refer to File Number SR–CBOE–
                                                                                                                                                              Exchange included statements
                                                Commission asks that commenters                         2016–082 and should be submitted on
                                                                                                                                                              concerning the purpose of and basis for
                                                address the sufficiency of the                          or before April 13, 2017. Rebuttal
                                                Exchange’s statements in support of the                                                                       the proposed rule change and discussed
                                                                                                        comments should be submitted by April
                                                proposal, in addition to any other                                                                            any comments it received on the
                                                                                                        27, 2017.
                                                comments they may wish to submit                                                                              proposed rule change. The text of these
                                                                                                          For the Commission, by the Division of              statements may be examined at the
                                                about the proposed rule change.                         Trading and Markets, pursuant to delegated
                                                  Comments may be submitted by any                                                                            places specified in Item IV below. The
                                                                                                        authority.36
                                                of the following methods:                                                                                     Exchange has prepared summaries, set
                                                                                                        Eduardo A. Aleman,
                                                                                                                                                              forth in sections A, B, and C below, of
                                                Electronic Comments                                     Assistant Secretary.                                  the most significant aspects of such
                                                  • Use the Commission’s Internet                       [FR Doc. 2017–05741 Filed 3–22–17; 8:45 am]           statements.
                                                comment form (http://www.sec.gov/                       BILLING CODE 8011–01–P

                                                rules/sro.shtml); or                                                                                          A. Self-Regulatory Organization’s
                                                  • Send an email to rule-comments@                                                                           Statement of the Purpose of, and
                                                sec.gov. Please include File Number SR–                 SECURITIES AND EXCHANGE                               Statutory Basis for, the Proposed Rule
                                                CBOE–2016–082 on the subject line.                      COMMISSION                                            Change
                                                Paper Comments                                          [Release No. 34–80267; File No. SR–ISE–               1. Purpose
                                                                                                        2017–24]
                                                  • Send paper comments in triplicate                                                                           On April 1, 2015, the Exchange
                                                to Secretary, Securities and Exchange                   Self-Regulatory Organizations;                        launched the Member Order Routing
                                                Commission, 100 F Street NE.,                           International Securities Exchange,                    Program (‘‘MORP’’),3 which is a
                                                Washington, DC 20549–1090.                              LLC; Notice of Filing and Immediate                   program that provides enhanced rebates
                                                All submissions should refer to File                    Effectiveness of Proposed Rule                        to order routing firms that select the
                                                Numbers SR–CBOE–2016–082. This file                     Change To Amend the Schedule of                       Exchange as the default routing
                                                number should be included on the                        Fees To Modify the Member Order                       destination for unsolicited Crossing
                                                subject line if email is used. To help the              Routing Program                                       Orders.4 The purpose of the proposed
                                                Commission process and review your                                                                            rule change is to amend the Schedule of
                                                                                                        March 17, 2017.
                                                comments more efficiently, please use                                                                         Fees to allow members to opt in to
                                                                                                           Pursuant to Section 19(b)(1) of the
                                                only one method. The Commission will                                                                          MORP for specific sessions rather than
                                                                                                        Securities Exchange Act of 1934
                                                post all comments on the Commission’s                                                                         on a member-wide basis, and to increase
                                                                                                        (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                Internet Web site (http://www.sec.gov/                                                                        MORP rebates for members that
                                                                                                        notice is hereby given that on March 10,
                                                rules/sro.shtml). Copies of the                                                                               participate in the program. The
                                                                                                        2017, the International Securities
                                                submission, all subsequent                                                                                    Exchange believes that these changes
                                                                                                        Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’)
                                                amendments, all written statements                                                                            will encourage members to participate
                                                                                                        filed with the Securities and Exchange
                                                with respect to the proposed rule                                                                             in MORP.
                                                                                                        Commission (‘‘Commission’’) the
                                                change that are filed with the
                                                                                                        proposed rule change as described in                  MORP Qualifications
                                                Commission, and all written
                                                                                                        Items I, II, and III, below, which Items
                                                communications relating to the
                                                                                                        have been prepared by the Exchange.                      Currently, to be eligible to participate
                                                proposed rule change between the
                                                                                                        The Commission is publishing this                     in MORP, an Electronic Access Member
                                                Commission and any person, other than
                                                                                                        notice to solicit comments on the                     (‘‘EAM’’) must: (1) Provide to its clients,
                                                those that may be withheld from the
                                                                                                        proposed rule change from interested                  systems that enable the electronic
                                                public in accordance with the
                                                                                                        persons.                                              routing of option orders to all of the U.S.
                                                provisions of 5 U.S.C. 552, will be
                                                available for Web site viewing and                      I. Self-Regulatory Organization’s                     options exchanges, including ISE; (2)
                                                printing in the Commission’s Public                     Statement of the Terms of Substance of                interface with ISE to access the
                                                Reference Room, 100 F Street NE.,                       the Proposed Rule Change                              Exchange’s electronic options trading
                                                Washington, DC 20549, on official                                                                             platform; (3) offer to its clients a
                                                                                                           The Exchange proposes to amend its                 customized interface and routing
                                                business days between the hours of                      Schedule of Fees to allow members to
                                                10:00 a.m. and 3:00 p.m. Copies of these                                                                      functionality such that ISE will be the
                                                                                                        opt in to MORP for specific sessions                  default destination for all unsolicited
                                                                                                        rather than on a member-wide basis,
                                                  35 Section 19(b)(2) of the Exchange Act, as
                                                                                                        and to increase MORP rebates for                         3 See Securities Exchange Act Release No. 74706
                                                amended by the Securities Act Amendments of
sradovich on DSK3GMQ082PROD with NOTICES




                                                1975, Public Law 94–29 (June 4, 1975), grants the       members that participate in the                       (April 10, 2016), 80 FR 20522 (April 16, 2016) (SR–
                                                Commission flexibility to determine what type of        program.                                              ISE–2015–11).
                                                proceeding—either oral or notice and opportunity           The text of the proposed rule change                  4 A ‘‘Crossing Order’’ is an order executed in the

                                                for written comments—is appropriate for                 is available on the Exchange’s Web site               Exchange’s Facilitation Mechanism, Solicited Order
                                                consideration of a particular proposal by a self-                                                             Mechanism, Price Improvement Mechanism
                                                regulatory organization. See Securities Act                                                                   (‘‘PIM’’) or submitted as a Qualified Contingent
                                                                                                          36 17 CFR 200.30–3(a)(57).
                                                Amendments of 1975, Senate Comm. on Banking,                                                                  Cross (‘‘QCC’’) order. For purposes of the fee
                                                                                                          1 15 U.S.C. 78s(b)(1).
                                                Housing & Urban Affairs, S. Rep. No. 75, 94th                                                                 schedule, orders executed in the Block Order
                                                Cong., 1st Sess. 30 (1975).                               2 17 CFR 240.19b–4.                                 Mechanism are also considered Crossing Orders.



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                                                14930                          Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Notices

                                                Crossing Orders entered by the EAM,5                      Rebate for Unsolicited Crossing Orders                     qualifying ADV in unsolicited Crossing
                                                provided that market conditions allow                        Currently, an EAM that is MORP                          Orders of at least 30,000 originating
                                                the Crossing Order to be executed on                      eligible receives a rebate for all                         contract sides, receive a Facilitation and
                                                ISE; (4) configure its own option order                   unsolicited Crossing Orders of $0.05 per                   Solicitation break-up rebate that is $0.35
                                                routing functionality such that ISE will                  originating contract side, provided that                   per contract for regular and complex
                                                be the default destination for all                        the member executes a minimum                              orders in Select Symbols,15 $0.15 per
                                                unsolicited Crossing Orders, provided                     average daily volume (‘‘ADV’’) in                          contract for regular orders in Non-Select
                                                that market conditions allow the                          unsolicited Crossing Orders of at least                    Symbols,16 $0.80 per contract for
                                                Crossing Order to be executed on ISE,                     30,000 originating contract sides. This                    complex orders in Non-Select Symbols,
                                                with respect to all option orders as to                   rebate is increased to $0.07 per                           and $0.15 per contract for regular and
                                                which the EAM has routing discretion;                     originating contract side, provided that                   complex orders in foreign exchange
                                                and (5) ensure that the default routing                   the member executes a higher ADV in                        option classes (‘‘FX Options’’). The
                                                                                                          unsolicited Crossing Orders of 100,000                     Exchange proposes to increase these
                                                functionality permits users submitting
                                                                                                          originating contract sides.8 The                           Facilitation and Solicitation break-up
                                                option orders through such system to
                                                                                                          Exchange proposes to increase the                          rebates for MORP-eligible members to
                                                manually override the ISE as the default                                                                             $0.42 per contract for regular and
                                                destination on an order-by-order basis.6                  MORP rebate for eligible members that
                                                                                                          execute from 30,000 to 99,999                              complex orders in Select Symbols, $0.20
                                                   Importantly, today an EAM must opt                                                                                per contract for regular orders in Non-
                                                                                                          originating contract sides to $0.065 per
                                                in to MORP for all of its business, and                                                                              Select Symbols, $1.08 per contract for
                                                                                                          originating contract side. The MORP
                                                cannot segment its business to be                         rebate for eligible members that execute                   complex orders in Non-Select Symbols.
                                                eligible for MORP for only specific                       100,000 or more originating contract                       Regular and complex orders in FX
                                                portion of its order flow. This means                                                                                Options will continue to receive a
                                                                                                          sides will remain $0.07 per originating
                                                that EAMs that would otherwise have a                                                                                Facilitation and Solicitation break-up
                                                                                                          contract side.
                                                MORP qualifying business would be                                                                                    rebate of $0.15 per contract.
                                                prohibited from participating in the                      Facilitation and Solicitation Break-Up
                                                                                                                                                                     2. Statutory Basis
                                                program if certain segments of its                        Rebate
                                                business are not eligible for the                                                                                       The Exchange believes that the
                                                                                                            In addition, any EAM that qualifies
                                                program. The Exchange therefore                                                                                      proposed rule change is consistent with
                                                                                                          for the MORP rebate by executing an
                                                proposes to increase the scope of MORP.                                                                              the provisions of Section 6 of the Act,17
                                                                                                          ADV of 30,000 originating contract sides
                                                                                                                                                                     in general, and Section 6(b)(4) of the
                                                In particular, the Exchange proposes to                   or more is also eligible for increased
                                                                                                                                                                     Act,18 in particular, in that it is designed
                                                allow EAMs to opt in to MORP for                          Facilitation and Solicitation break-up
                                                                                                                                                                     to provide for the equitable allocation of
                                                specific sessions so that firms can                       rebates 9 for their Non-ISE Market
                                                                                                                                                                     reasonable dues, fees, and other charges
                                                appropriately segment their order flow                    Maker,10 Firm Proprietary,11 Broker-
                                                                                                                                                                     among its members and other persons
                                                such that sessions designated as MORP                     Dealer,12 Professional Customer,13 and                     using its facilities.
                                                eligible can benefit from the program                     Priority Customer orders.14 Currently,                        The Exchange believes the proposed
                                                even though the firm may not qualify on                   MORP eligible members that execute a                       change to the MORP qualifications is
                                                a member-wide basis.7 As proposed, a                                                                                 reasonable and equitable because it is
                                                                                                             8 The rebate for the highest tier achieved is
                                                member may designate one or more                                                                                     designed to make it easier for EAMs to
                                                                                                          applied retroactively to all eligible contracts traded
                                                sessions to be eligible for MORP. If a                    in a given month. For purposes of determining              participate in the program. Currently, an
                                                session is designated as eligible for                     whether the member meets the above ADV                     EAM that wishes to participate in
                                                MORP all requirements for the program                     thresholds, any day that the Exchange is not open          MORP must be eligible to participate
                                                must be met for that session. In                          for the entire trading day or the Exchange instructs       across the entire firm. Thus, firms that
                                                                                                          members in writing to route their orders to other
                                                addition, to be eligible to participate in                markets may be excluded from such calculation;             have business segments that are not
                                                MORP an EAM must designate, in                            provided that the Exchange will only remove the            MORP-eligible cannot participate with
                                                writing, to the Exchange which sessions                   day for members that would have a lower ADV with           respect to those business segments that
                                                are MORP eligible according to the                        the day included.                                          are. The Exchange believes that the
                                                                                                             9 Break-up rebates are provided for contracts that
                                                criteria discussed above. Only                            are submitted to the Facilitation and Solicited
                                                                                                                                                                     proposed rule change will allow firms to
                                                designated sessions that are opted in to                  Order Mechanisms that do not trade with their              participate in the program if they meet
                                                MORP will receive the benefits                            contra order except when those contracts trade             the requirements with respect to any
                                                provided under the program. The                           against pre-existing orders and quotes on the              segment of their order flow. This will
                                                                                                          Exchange’s orderbooks. The applicable fee for
                                                Exchange believes that this change will                   Crossing Orders is applied to any contracts for
                                                                                                                                                                     encourage order routing firms to execute
                                                make it easier for firms to participate in                which a rebate is provided.                                additional unsolicited Crossing Order
                                                the program, thereby increasing volume                       10 A ‘‘Non-ISE Market Maker’’ is a market maker         volume on the Exchange, and will
                                                executed in the Exchange’s crossing                       as defined in Section 3(a)(38) of the Securities           benefit all market participants on ISE by
                                                                                                          Exchange Act of 1934, as amended, registered in the        creating additional liquidity and
                                                mechanisms.                                               same options class on another options exchange.
                                                                                                             11 A ‘‘Firm Proprietary’’ order is an order
                                                                                                                                                                     increased opportunity to trade. In
                                                   5 An unsolicited Crossing Order is a Crossing          submitted by a member for its own proprietary              addition, the Exchange believes that the
                                                Order entered by a member that has not solicited          account.                                                   proposed change is not unfairly
                                                the contra side of the trade.                                12 A ‘‘Broker-Dealer’’ order is an order submitted      discriminatory as it would make it
                                                   6 EAMs that wish to participate in the program         by a member for a broker-dealer account that is not        easier for firms to participate in the
                                                must certify that they meet the above MORP                its own proprietary account.
                                                                                                                                                                     program, thus potentially sharing the
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                                                requirements, in writing, on a monthly basis and in          13 A ‘‘Professional Customer’’ is a person or entity

                                                a form to be determined by the Exchange. The              that is not a broker/dealer and is not a Priority
                                                                                                                                                                       15 ‘‘Select Symbols’’ are options overlying all
                                                relevant notice must be provided by the last              Customer.
                                                business day of the month for members to be                  14 A ‘‘Priority Customer’’ is a person or entity that   symbols listed on the ISE that are in the Penny Pilot
                                                eligible to participate in the MORP effective the first   is not a broker/dealer in securities, and does not         Program.
                                                                                                                                                                       16 ‘‘Non-Select Symbols’’ are options overlying all
                                                business day of the following month.                      place more than 390 orders in listed options per day
                                                   7 A session is connection to the exchange over         on average during a calendar month for its own             symbols excluding Select Symbols.
                                                                                                                                                                       17 15 U.S.C. 78f.
                                                which a member submits orders. See Section V.C.           beneficial account(s), as defined in ISE Rule
                                                of the Schedule of Fees.                                  100(a)(37A).                                                 18 15 U.S.C. 78f(b)(4).




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                                                                                Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Notices                                                     14931

                                                rewards of the program with additional                     impose any burden on intermarket or                      Paper Comments
                                                EAMs that may not otherwise qualify.                       intramarket competition that is not
                                                With the proposed changes, any                             necessary or appropriate in furtherance                    • Send paper comments in triplicate
                                                qualifying EAM with designated                             of the purposes of the Act. The                          to Secretary, Securities and Exchange
                                                sessions that meet the requirements of                     proposed rule change is designed to                      Commission, 100 F Street NE.,
                                                the program by offering appropriate                        make it easier for firms to participate in               Washington, DC 20549–1090.
                                                market access and connectivity to the                      MORP and increases incentives for                        All submissions should refer to File
                                                Exchange will be able to participate in                    doing so, in order to remain competitive                 Number SR–ISE–2017–24. This file
                                                MORP on an equal and non-                                  with other options exchanges. The                        number should be included on the
                                                discriminatory basis.                                      Exchange operates in a highly
                                                   The Exchange believes the proposed                                                                               subject line if email is used. To help the
                                                                                                           competitive market in which market
                                                increases to MORP rebates, including                                                                                Commission process and review your
                                                                                                           participants can readily direct their
                                                the rebate for unsolicited Crossing                        order flow to competing venues. In such                  comments more efficiently, please use
                                                Orders, and the Facilitation and                           an environment, the Exchange must                        only one method. The Commission will
                                                Solicitation break-up rebate, are                          continually review, and consider                         post all comments on the Commission’s
                                                reasonable and equitable because these                     adjusting, its fees and rebates to remain                Internet Web site (http://www.sec.gov/
                                                changes are designed to incentivize                        competitive with other exchanges. For                    rules/sro.shtml). Copies of the
                                                additional participation in the program.                   the reasons described above, the                         submission, all subsequent
                                                Under MORP the Exchange currently                          Exchange believes that the proposed fee                  amendments, all written statements
                                                provides enhanced rebates to EAMs that                     changes reflect this competitive                         with respect to the proposed rule
                                                connect directly to the Exchange and                       environment.                                             change that are filed with the
                                                provide their clients with order routing                                                                            Commission, and all written
                                                functionality that includes all U.S.                       C. Self-Regulatory Organization’s
                                                                                                                                                                    communications relating to the
                                                options exchanges, including ISE. The                      Statement on Comments on the
                                                                                                                                                                    proposed rule change between the
                                                Exchange proposes to increase the                          Proposed Rule Change Received From
                                                                                                                                                                    Commission and any person, other than
                                                rebates to incentivize additional firms to                 Members, Participants, or Others
                                                                                                                                                                    those that may be withheld from the
                                                participate in the program, and to
                                                                                                             No written comments were either                        public in accordance with the
                                                encourage firms to send additional order
                                                                                                           solicited or received.                                   provisions of 5 U.S.C. 552, will be
                                                flow to the Exchange in order to benefit
                                                from the increased rebates. The                                                                                     available for Web site viewing and
                                                                                                           III. Date of Effectiveness of the
                                                Exchange believes that the proposed                                                                                 printing in the Commission’s Public
                                                                                                           Proposed Rule Change and Timing for
                                                rebates will be attractive to members to                   Commission Action                                        Reference Room, 100 F Street NE.,
                                                opt in to MORP, and are competitive                                                                                 Washington, DC 20549, on official
                                                with rebates provided on other options                        The foregoing rule change has become                  business days between the hours of
                                                exchanges. In addition, the Exchange                       effective pursuant to Section                            10:00 a.m. and 3:00 p.m. Copies of the
                                                believes that the proposed rebates are                     19(b)(3)(A)(ii) of the Act.20 At any time                filing also will be available for
                                                not unfairly discriminatory as they                        within 60 days of the filing of the                      inspection and copying at the principal
                                                apply to all EAMs that meet the program                    proposed rule change, the Commission                     office of the Exchange. All comments
                                                requirements and opt in to the program.                    summarily may temporarily suspend                        received will be posted without change;
                                                Any EAM that participates in the                           such rule change if it appears to the                    the Commission does not edit personal
                                                program will be provided the increased                     Commission that such action is: (i)                      identifying information from
                                                rebates on an equal and non-                               Necessary or appropriate in the public                   submissions. You should submit only
                                                discriminatory basis based on the order                    interest; (ii) for the protection of                     information that you wish to make
                                                flow executed on the Exchange. While                       investors; or (iii) otherwise in                         available publicly. All submissions
                                                MORP is targeted towards unsolicited                       furtherance of the purposes of the Act.                  should refer to File Number SR–ISE–
                                                Crossing Order flow, the Exchange                          If the Commission takes such action, the
                                                                                                                                                                    2017–24 and should be submitted on or
                                                offers other incentive programs to                         Commission shall institute proceedings
                                                                                                                                                                    before April 13, 2017.
                                                promote and encourage growth in other                      to determine whether the proposed rule
                                                business areas. For example, solicited                     should be approved or disapproved.                         For the Commission, by the Division of
                                                Crossing Orders benefit from the QCC                                                                                Trading and Markets, pursuant to delegated
                                                                                                           IV. Solicitation of Comments                             authority.21
                                                and Solicitation Rebate, which applies
                                                to all QCC and/or other solicited                            Interested persons are invited to                      Eduardo A. Aleman,
                                                Crossing Orders, including solicited                       submit written data, views, and                          Assistant Secretary.
                                                orders executed in the Solicitation,                       arguments concerning the foregoing,                      [FR Doc. 2017–05738 Filed 3–22–17; 8:45 am]
                                                Facilitation or Price Improvement                          including whether the proposed rule                      BILLING CODE 8011–01–P
                                                Mechanisms. The Exchange believes                          change is consistent with the Act.
                                                that MORP is appropriately tailored to                     Comments may be submitted by any of
                                                the order flow that the Exchange is                        the following methods:
                                                seeking to attract, and will benefit all
                                                market participants that trade on ISE by                   Electronic Comments
                                                encouraging additional liquidity.                            • Use the Commission’s Internet
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                                                B. Self-Regulatory Organization’s                          comment form (http://www.sec.gov/
                                                Statement on Burden on Competition                         rules/sro.shtml); or
                                                  In accordance with Section 6(b)(8) of                      • Send an email to rule-comments@
                                                the Act,19 the Exchange does not believe                   sec.gov. Please include File Number SR–
                                                that the proposed rule change will                         ISE–2017–24 on the subject line.

                                                  19 15   U.S.C. 78f(b)(8).                                  20 15   U.S.C. 78s(b)(3)(A)(ii).                         21 17   CFR 200.30–3(a)(12).



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Document Created: 2017-03-23 02:45:19
Document Modified: 2017-03-23 02:45:19
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 Citation82 FR 14929 

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