82 FR 7906 - Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 13 (January 23, 2017)
Federal Register Volume 82, Issue 13 (January 23, 2017)
| Page Range | 7906-7907 | |
| FR Document | 2017-01299 |
[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)] [Notices] [Pages 7906-7907] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-01299] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-79800; File No. SR-ISEGemini-2017-01] Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees January 13, 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 January 3, 2017, ISE Gemini, LLC (``ISE Gemini'' or ``Exchange'') filed with the Securities and Exchange Commission (``SEC'' or ``Commission'') the proposed rule change as described in Items I and II 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. --------------------------------------------------------------------------- \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 The Exchange proposes to amend the Schedule of Fees to eliminate the Performance Routing 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 Currently, the Exchange offers Performance Routing Program (``PRP) rebates to Non-ISE Gemini Market Maker,\3\ Firm Proprietary,\4\ Broker- Dealer,\5\ and Professional Customer \6\ orders based on the member's maker average daily volume (``ADV'') in Non-ISE Gemini Market Maker, Firm Proprietary, Broker-Dealer, and Professional Customer orders that improve the national best bid or offer (``NBBO'') in a series at the time of order entry (``PRP eligible contracts'').\7\ Specifically, members that execute an ADV of 9,999 PRP eligible contracts or fewer are entitled to a maker rebate of $0.25 per contract in both Penny Symbols and Non-Penny Symbols for their Non-ISE Gemini Market Maker, Firm Proprietary, Broker-Dealer, and Professional Customer orders. Members that execute an ADV of 10,000 or more PRP eligible contracts are entitled to a maker rebate of $0.40 per contract in Penny Symbols and $0.65 per contract in Non-Penny Symbols for the above market participant types if the order does not improve the NBBO at the time of order entry. In addition, members that qualify for the higher tier of PRP rebates are entitled to a maker rebate of $0.47 per contract in Penny Symbols and $0.71 per contract in Non-Penny Symbols for the above market participant types if the order improves the NBBO in the series at the time it is entered.\8\ --------------------------------------------------------------------------- \3\ A ``Non-ISE Gemini Market Maker'' is a market maker as defined in Section 3(a)(38) of the Securities Exchange Act of 1934, as amended, registered in the same options class on another options exchange. \4\ A ``Firm Proprietary'' order is an order submitted by a member for its own proprietary account. \5\ A ``Broker-Dealer'' order is an order submitted by a member for a broker-dealer account that is not its own proprietary account. \6\ A ``Professional Customer'' is a person or entity that is not a broker/dealer and is not a Priority Customer. \7\ All eligible volume from affiliated members is aggregated in determining applicable tiers, provided there is at least 75% common ownership between the members as reflected on each member's Form BD, Schedule A. \8\ See Schedule of Fees, Section I., Regular Order Fees and Rebates, footnotes 14 and 15. --------------------------------------------------------------------------- The Exchange now proposes to eliminate the PRP as this program has not been successful in attracting order flow that improves the NBBO. As proposed, members will receive a maker rebate of $0.25 per contract in Penny Symbols and Non-Penny Symbols for their Non-ISE Gemini Market Maker, Firm Proprietary, Broker-Dealer, and Professional Customer orders (i.e., the current Tier 1 maker rebate). Members will no longer be able to achieve higher maker rebates based on their maker ADV in Non-ISE Gemini Market Maker, Firm Proprietary, Broker-Dealer, and Professional Customer orders that improve the NBBO in a series at the time of order entry.\9\ --------------------------------------------------------------------------- \9\ This includes both the regular rebate for orders that do not improve the NBBO at the time of order entry, and the enhanced rebates provided in footnotes 14 and 15 of the Schedule of Fees for orders that improve the NBBO at the time of order entry. The regular rebates will now be marked ``n/a'' since there will no longer be any PRP tiers, and the associated footnotes for enhanced rebates will be eliminated. --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the provisions of Section 6 of the Act,\10\ in general, and Section 6(b)(4) of the Act,\11\ in particular, in that it is designed to provide for the equitable allocation of reasonable dues, fees, and other charges among its members and other persons using its facilities. --------------------------------------------------------------------------- \10\ 15 U.S.C. 78f. \11\ 15 U.S.C. 78f(b)(4). --------------------------------------------------------------------------- The Exchange believes that it is reasonable and equitable to eliminate the PRP as this rebate program was not successful in attracting the type of order flow that it was designed to incentivize. The Exchange adopted the PRP to encourage members enter orders that improve the NBBO in order to create more trading opportunities at better prices for all market participants that trade on the Exchange. The Exchange does not believe that the PRP has met this goal, and is therefore proposing to eliminate the program. With the proposed elimination of the PRP, Non-ISE Gemini Market Maker, Firm Proprietary, Broker-Dealer, and Professional Customer orders will continue to be entitled to a maker rebate in Penny and Non-Penny Symbols that is the same as the current Tier 1 maker rebate. The current Tier 2 maker rebates for these market participant types will be removed as this tier is being eliminated with the elimination of the PRP program. The Exchange believes [[Page 7907]] that the Tier 1 maker rebate remains competitive and will continue to incentivize members to send order flow to the Exchange. The Exchange further believes that the proposed fee change is not unfairly discriminatory as it provides equal rebates to Non-ISE Gemini Market Maker, Firm Proprietary, Broker-Dealer, and Professional Customer orders. In addition, although Priority Customer \12\ and Market Maker \13\ orders will be entitled to more favorable maker rebates, the Exchange does not believe that this is unfairly discriminatory. As has historically been the case, Priority Customer orders remain entitled to more favorable maker rebates in order to encourage this order flow. A Priority Customer is by definition not a broker or dealer in securities, and does not place more than 390 orders in listed options per day on average during a calendar month for its own beneficial account(s). This limitation does not apply to participants whose behavior is substantially similar to that of market professionals, including Professional Customers, who will generally submit a higher number of orders than Priority Customers. Similarly, the Exchange believes that it is not unfairly discriminatory to offer higher maker rebates to Market Makers as Market Makers are subject to additional requirements and obligations (such as quoting requirements) that other market participants are not. --------------------------------------------------------------------------- \12\ A ``Priority Customer'' is a person or entity that is not a broker/dealer in securities, and does not place more than 390 orders in listed options per day on average during a calendar month for its own beneficial account(s), as defined in Rule 100(a)(37A). \13\ The term Market Maker refers to ``Competitive Market Makers'' and ``Primary Market Makers'' collectively. See Rule 100(a)(25). --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition In accordance with Section 6(b)(8) of the Act,\14\ 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 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. --------------------------------------------------------------------------- \14\ 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,\15\ and Rule 19b-4(f)(2) \16\ thereunder. 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. --------------------------------------------------------------------------- \15\ 15 U.S.C. 78s(b)(3)(A)(ii). \16\ 17 CFR 240.19b-4(f)(2). --------------------------------------------------------------------------- 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 CommentsUse 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-ISEGemini-2017-01 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-ISEGemini-2017-01. 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-ISEGemini-2017-01 and should be submitted on or before February 13, 2017. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\17\ --------------------------------------------------------------------------- \17\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2017-01299 Filed 1-19-17; 8:45 am] BILLING CODE 8011-01-P
![7906 Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices
received will be posted without change; any comments it received on the the NBBO in the series at the time it is
the Commission does not edit personal proposed rule change. The text of these entered.8
identifying information from statements may be examined at the The Exchange now proposes to
submissions. You should submit only places specified in Item IV below. The eliminate the PRP as this program has
information that you wish to make Exchange has prepared summaries, set not been successful in attracting order
available publicly. All submissions forth in sections A, B, and C below, of flow that improves the NBBO. As
should refer to File Number SR–C2– the most significant aspects of such proposed, members will receive a maker
2017–003 and should be submitted on statements. rebate of $0.25 per contract in Penny
or before February 13, 2017. Symbols and Non-Penny Symbols for
For the Commission, by the Division of
A. Self-Regulatory Organization’s their Non-ISE Gemini Market Maker,
Trading and Markets, pursuant to delegated Statement of the Purpose of, and Firm Proprietary, Broker-Dealer, and
authority.8 Statutory Basis for, the Proposed Rule Professional Customer orders (i.e., the
Eduardo A. Aleman, Change current Tier 1 maker rebate). Members
Assistant Secretary.
will no longer be able to achieve higher
1. Purpose maker rebates based on their maker
[FR Doc. 2017–01298 Filed 1–19–17; 8:45 am]
ADV in Non-ISE Gemini Market Maker,
BILLING CODE 8011–01–P Currently, the Exchange offers
Firm Proprietary, Broker-Dealer, and
Performance Routing Program (‘‘PRP) Professional Customer orders that
rebates to Non-ISE Gemini Market improve the NBBO in a series at the
SECURITIES AND EXCHANGE Maker,3 Firm Proprietary,4 Broker- time of order entry.9
COMMISSION Dealer,5 and Professional Customer 6
[Release No. 34–79800; File No. SR– orders based on the member’s maker 2. Statutory Basis
ISEGemini–2017–01] average daily volume (‘‘ADV’’) in Non- The Exchange believes that the
ISE Gemini Market Maker, Firm proposed rule change is consistent with
Self-Regulatory Organizations; ISE Proprietary, Broker-Dealer, and the provisions of Section 6 of the Act,10
Gemini, LLC; Notice of Filing and Professional Customer orders that in general, and Section 6(b)(4) of the
Immediate Effectiveness of Proposed improve the national best bid or offer Act,11 in particular, in that it is designed
Rule Change To Amend the Schedule (‘‘NBBO’’) in a series at the time of order to provide for the equitable allocation of
of Fees entry (‘‘PRP eligible contracts’’).7 reasonable dues, fees, and other charges
January 13, 2017. Specifically, members that execute an among its members and other persons
Pursuant to Section 19(b)(1) of the ADV of 9,999 PRP eligible contracts or using its facilities.
fewer are entitled to a maker rebate of The Exchange believes that it is
Securities Exchange Act of 1934
$0.25 per contract in both Penny reasonable and equitable to eliminate
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
Symbols and Non-Penny Symbols for the PRP as this rebate program was not
notice is hereby given that on January 3, successful in attracting the type of order
2017, ISE Gemini, LLC (‘‘ISE Gemini’’ or their Non-ISE Gemini Market Maker,
flow that it was designed to incentivize.
‘‘Exchange’’) filed with the Securities Firm Proprietary, Broker-Dealer, and
The Exchange adopted the PRP to
and Exchange Commission (‘‘SEC’’ or Professional Customer orders. Members
encourage members enter orders that
‘‘Commission’’) the proposed rule that execute an ADV of 10,000 or more improve the NBBO in order to create
change as described in Items I and II PRP eligible contracts are entitled to a more trading opportunities at better
below, which Items have been prepared maker rebate of $0.40 per contract in prices for all market participants that
by the Exchange. The Commission is Penny Symbols and $0.65 per contract trade on the Exchange. The Exchange
publishing this notice to solicit in Non-Penny Symbols for the above does not believe that the PRP has met
comments on the proposed rule change market participant types if the order this goal, and is therefore proposing to
from interested persons. does not improve the NBBO at the time eliminate the program. With the
I. Self-Regulatory Organization’s of order entry. In addition, members proposed elimination of the PRP, Non-
Statement of the Terms of Substance of that qualify for the higher tier of PRP ISE Gemini Market Maker, Firm
the Proposed Rule Change rebates are entitled to a maker rebate of Proprietary, Broker-Dealer, and
$0.47 per contract in Penny Symbols Professional Customer orders will
The Exchange proposes to amend the
and $0.71 per contract in Non-Penny continue to be entitled to a maker rebate
Schedule of Fees to eliminate the
Symbols for the above market in Penny and Non-Penny Symbols that
Performance Routing Program.
The text of the proposed rule change participant types if the order improves is the same as the current Tier 1 maker
is available on the Exchange’s Web site rebate. The current Tier 2 maker rebates
at www.ise.com, at the principal office 3 A ‘‘Non-ISE Gemini Market Maker’’ is a market for these market participant types will
maker as defined in Section 3(a)(38) of the be removed as this tier is being
of the Exchange, and at the Securities Exchange Act of 1934, as amended,
Commission’s Public Reference Room. registered in the same options class on another
eliminated with the elimination of the
options exchange. PRP program. The Exchange believes
II. Self-Regulatory Organization’s 4 A ‘‘Firm Proprietary’’ order is an order
Statement of the Purpose of, and submitted by a member for its own proprietary 8 See Schedule of Fees, Section I., Regular Order
Statutory Basis for, the Proposed Rule account. Fees and Rebates, footnotes 14 and 15.
Change 5 A ‘‘Broker-Dealer’’ order is an order submitted 9 This includes both the regular rebate for orders
by a member for a broker-dealer account that is not that do not improve the NBBO at the time of order
mstockstill on DSK3G9T082PROD with NOTICES
In its filing with the Commission, the its own proprietary account. entry, and the enhanced rebates provided in
Exchange included statements 6 A ‘‘Professional Customer’’ is a person or entity footnotes 14 and 15 of the Schedule of Fees for
concerning the purpose of and basis for that is not a broker/dealer and is not a Priority orders that improve the NBBO at the time of order
Customer. entry. The regular rebates will now be marked ‘‘n/
the proposed rule change and discussed 7 All eligible volume from affiliated members is a’’ since there will no longer be any PRP tiers, and
aggregated in determining applicable tiers, provided the associated footnotes for enhanced rebates will
8 17 CFR 200.30–3(a)(12). be eliminated.
there is at least 75% common ownership between
1 15 U.S.C. 78s(b)(1). 10 15 U.S.C. 78f.
the members as reflected on each member’s Form
2 17 CFR 240.19b–4. BD, Schedule A. 11 15 U.S.C. 78f(b)(4).
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![Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices 7907
that the Tier 1 maker rebate remains C. Self-Regulatory Organization’s communications relating to the
competitive and will continue to Statement on Comments on the proposed rule change between the
incentivize members to send order flow Proposed Rule Change Received From Commission and any person, other than
to the Exchange. The Exchange further Members, Participants, or Others those that may be withheld from the
believes that the proposed fee change is No written comments were either public in accordance with the
not unfairly discriminatory as it solicited or received. provisions of 5 U.S.C. 552, will be
provides equal rebates to Non-ISE available for Web site viewing and
Gemini Market Maker, Firm Proprietary, III. Date of Effectiveness of the
printing in the Commission’s Public
Broker-Dealer, and Professional Proposed Rule Change and Timing for
Commission Action Reference Room, 100 F Street NE.,
Customer orders. In addition, although Washington, DC 20549, on official
Priority Customer 12 and Market The foregoing rule change has become business days between the hours of
Maker 13 orders will be entitled to more effective pursuant to Section 10:00 a.m. and 3:00 p.m. Copies of the
favorable maker rebates, the Exchange 19(b)(3)(A)(ii) of the Act,15 and Rule filing also will be available for
does not believe that this is unfairly 19b–4(f)(2) 16 thereunder. At any time
inspection and copying at the principal
discriminatory. As has historically been within 60 days of the filing of the
the case, Priority Customer orders proposed rule change, the Commission office of the Exchange. All comments
remain entitled to more favorable maker summarily may temporarily suspend received will be posted without change;
rebates in order to encourage this order such rule change if it appears to the the Commission does not edit personal
flow. A Priority Customer is by Commission that such action is: (i) identifying information from
definition not a broker or dealer in Necessary or appropriate in the public submissions. You should submit only
securities, and does not place more than interest; (ii) for the protection of information that you wish to make
390 orders in listed options per day on investors; or (iii) otherwise in available publicly. All submissions
average during a calendar month for its furtherance of the purposes of the Act. should refer to File Number SR–
own beneficial account(s). This If the Commission takes such action, the ISEGemini–2017–01 and should be
limitation does not apply to participants Commission shall institute proceedings submitted on or before February 13,
whose behavior is substantially similar to determine whether the proposed rule 2017.
to that of market professionals, should be approved or disapproved. For the Commission, by the Division of
including Professional Customers, who IV. Solicitation of Comments Trading and Markets, pursuant to delegated
will generally submit a higher number authority.17
of orders than Priority Customers. Interested persons are invited to
submit written data, views, and Eduardo A. Aleman,
Similarly, the Exchange believes that it
is not unfairly discriminatory to offer arguments concerning the foregoing, Assistant Secretary.
higher maker rebates to Market Makers including whether the proposed rule [FR Doc. 2017–01299 Filed 1–19–17; 8:45 am]
as Market Makers are subject to change is consistent with the Act. BILLING CODE 8011–01–P
additional requirements and obligations Comments may be submitted by any of
(such as quoting requirements) that the following methods:
other market participants are not. Electronic Comments SECURITIES AND EXCHANGE
COMMISSION
B. Self-Regulatory Organization’s • Use the Commission’s Internet
Statement on Burden on Competition comment form (http://www.sec.gov/
rules/sro.shtml); or [Release No. 34–79791; File No. SR–
In accordance with Section 6(b)(8) of
• Send an email to rule- NASDAQ–2017–002]
the Act,14 the Exchange does not believe
comments@sec.gov. Please include File
that the proposed rule change will Self-Regulatory Organizations; The
Number SR–ISEGemini–2017–01 on the
impose any burden on intermarket or NASDAQ Stock Market LLC; Notice of
subject line.
intramarket competition that is not Filing and Immediate Effectiveness of
necessary or appropriate in furtherance Paper Comments Proposed Rule Change To Amend Rule
of the purposes of the Act. The • Send paper comments in triplicate 7018
Exchange operates in a highly to Secretary, Securities and Exchange
competitive market in which market Commission, 100 F Street NE., January 13, 2017.
participants can readily direct their Washington, DC 20549–1090. Pursuant to Section 19(b)(1) of the
order flow to competing venues. In such All submissions should refer to File Securities Exchange Act of 1934
an environment, the Exchange must Number SR–ISEGemini–2017–01. This (‘‘Act’’),1 and Rule 19b–4 thereunder,2
continually review, and consider file number should be included on the notice is hereby given that on January 3,
adjusting, its fees and rebates to remain subject line if email is used. To help the 2017, The NASDAQ Stock Market LLC
competitive with other exchanges. For Commission process and review your
the reasons described above, the (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the
comments more efficiently, please use Securities and Exchange Commission
Exchange believes that the proposed fee only one method. The Commission will
changes reflect this competitive (‘‘SEC’’ or ‘‘Commission’’) the proposed
post all comments on the Commission’s rule change as described in Items I, II,
environment. Internet Web site (http://www.sec.gov/ and III below, which Items have been
12 A ‘‘Priority Customer’’ is a person or entity that
rules/sro.shtml). Copies of the prepared by the Exchange. The
mstockstill on DSK3G9T082PROD with NOTICES
is not a broker/dealer in securities, and does not submission, all subsequent Commission is publishing this notice to
place more than 390 orders in listed options per day amendments, all written statements solicit comments on the proposed rule
on average during a calendar month for its own with respect to the proposed rule
beneficial account(s), as defined in Rule change from interested persons.
100(a)(37A).
change that are filed with the
13 The term Market Maker refers to ‘‘Competitive Commission, and all written
17 17 CFR 200.30–3(a)(12).
Market Makers’’ and ‘‘Primary Market Makers’’
1 15 U.S.C. 78s(b)(1).
collectively. See Rule 100(a)(25). 15 15 U.S.C. 78s(b)(3)(A)(ii).
14 15 U.S.C. 78f(b)(8). 16 17 CFR 240.19b–4(f)(2). 2 17 CFR 240.19b–4.
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Document Created: 2017-01-20 01:29:57
Document Modified: 2017-01-20 01:29:57
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 82 FR 7906 |
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