Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change, as Modified by Amendment No. 1, Relating to Fees and Rebates for Adding and Removing Liquidity, 2170-2171 [2011-477]
Download as PDF
2170
Federal Register / Vol. 76, No. 8 / Wednesday, January 12, 2011 / Notices
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission,8 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
a.m. and 3 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–EDGX–
2010–25 and should be submitted on or
before February 2, 2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–430 Filed 1–11–11; 8:45 am]
BILLING CODE 8011–01–P
[Release No. 34–63664; File No. SR–ISE–
2010–120]
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change, as Modified by Amendment
No. 1, Relating to Fees and Rebates for
Adding and Removing Liquidity
mstockstill on DSKH9S0YB1PROD with NOTICES
January 6, 2011.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on December
23, 2010, the International Securities
Exchange, LLC (the ‘‘Exchange’’ or the
‘‘ISE’’) filed with the Securities and
8 The text of the proposed rule change is available
on Exchange’s Web site at https://
www.directedge.com, on the Commission’s Web site
at https://www.sec.gov, at EDGX, and at the
Commission’s Public Reference Room.
9 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
17:25 Jan 11, 2011
Jkt 223001
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The ISE is proposing to amend its
transaction fees and rebates for adding
and removing liquidity. The text of the
proposed rule change is available on the
Exchange’s Web site (https://
www.ise.com), at the principal office of
the Exchange, and at the Commission’s
Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of these statements may be examined at
the places specified in Item IV below.
The self-regulatory organization has
prepared summaries, set forth in
sections A, B and C below, of the most
significant aspects of such statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
SECURITIES AND EXCHANGE
COMMISSION
VerDate Mar<15>2010
Exchange Commission the proposed
rule change, and on January 5, 2011,
filed Amendment No. 1 to the proposed
rule change, as described in Items I and
II below, which items have been
prepared by the self-regulatory
organization. The Commission is
publishing this notice to solicit
comments on the proposed rule change,
as amended, from interested persons.
1. Purpose
The Exchange currently assesses a per
contract transaction charge to market
participants that add or remove
liquidity from the Exchange (‘‘maker/
taker fees’’) in 100 options classes (the
‘‘Select Symbols’’).3 The Exchange
currently charges a take fee of: (i) $0.25
3 Options classes subject to maker/taker fees are
identified by their ticker symbol on the Exchange’s
Schedule of Fees. See Securities Exchange Act
Release Nos. 61869 (April 7, 2010), 75 FR 19449
(April 14, 2010) (SR–ISE–2010–25), 62048 (May 6,
2010), 75 FR 26830 (May 12, 2010) (SR–ISE–2010–
43), 62282 (June 11, 2010), 75 FR 34499 (June 17,
2010) (SR–ISE–2010–54), 62319 (June 17, 2010), 75
FR 36134 (June 24, 2010) (SR–ISE–2010–57), 62508
(July 15, 2010), 75 FR 42809 (July 22, 2010) (SR–
ISE–2010–65), 62507 (July 15, 2010), 75 FR 42802
(July 22, 2010) (SR–ISE–2010–68), 62665 (August 9,
2010), 75 FR 50015 (August 16, 2010) (SR–ISE–
2010–82), 62805 (August 31, 2010), 75 FR 54682
(September 8, 2010) (SR–ISE–2010–90), 63283
(November 9, 2010), 75 FR 70059 (November 16,
2010) (SR–ISE–2010–106) and 63534 (December 13,
2010), 75 FR 79433 (December 20, 2010) (SR–ISE–
2010–114).
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
per contract for Market Maker, Market
Maker Plus,4 Firm Proprietary and
Customer (Professional) 5 orders; (ii)
$0.35 per contract for Non-ISE Market
Maker 6 orders; (iii) $0.20 per contract
for Priority Customer 7 orders for 100 or
more contracts. Priority Customer orders
for less than 100 contracts are not
assessed a fee for removing liquidity.
The Exchange now proposes to increase
the take fee for Firm Proprietary and
Customer (Professional) orders from
$0.25 per contract to $0.28 per contract.
Additionally, in the interest of
standardizing the take fee charged for
Priority Customer orders, the Exchange
proposes to lower the take fee for
Priority Customer orders of 100 or more
contracts from $0.20 per contract to
$0.12 per contract while increasing the
take fee for Priority Customer orders of
less than 100 contracts from $0.00 per
contract to $0.12 per contract. As a
result, all Priority Customer orders,
regardless of size, will be assessed a take
fee of $0.12 per contract.
For Complex Orders, the Exchange
currently charges a take fee of: (i) $0.27
per contract for Market Maker, Market
Maker Plus, Firm Proprietary and
Customer (Professional) orders; and (ii)
$0.35 per contract for Non-ISE Market
Maker orders. Priority Customer orders,
regardless of size, are not assessed a fee
4 A Market Maker Plus is a market maker who is
on the National Best Bid or National Best Offer 80%
of the time for series trading between $0.03 and
$5.00 (for options whose underlying stock’s
previous trading day’s last sale price was less than
or equal to $100) and between $0.10 and $5.00 (for
options whose underlying stock’s previous trading
day’s last sale price was greater than $100) in
premium in each of the front two expiration months
and 80% of the time for series trading between
$0.03 and $5.00 (for options whose underlying
stock’s previous trading day’s last sale price was
less than or equal to $100) and between $0.10 and
$5.00 (for options whose underlying stock’s
previous trading day’s last sale price was greater
than $100) in premium across all expiration months
in order to receive the rebate. The Exchange
determines whether a market maker qualifies as a
Market Maker Plus at the end of each month by
looking back at each market maker’s quoting
statistics during that month. If at the end of the
month, a market maker meets the Exchange’s stated
criteria, the Exchange rebates $0.10 per contract for
transactions executed by that market maker during
that month. The Exchange provides market makers
a report on a daily basis with quoting statistics so
that market makers can determine whether or not
they are meeting the Exchange’s stated criteria.
5 A Customer (Professional) is a person who is not
a broker/dealer and is not a Priority Customer.
6 A Non-ISE Market Maker, or Far Away Market
Maker (‘‘FARMM’’), is a market maker as defined in
Section 3(a)(38) of the Securities Exchange Act of
1934, as amended (‘‘Exchange Act’’), registered in
the same options class on another options
exchange.
7 A Priority Customer is defined in ISE Rule
100(a)(37A) as 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).
E:\FR\FM\12JAN1.SGM
12JAN1
Federal Register / Vol. 76, No. 8 / Wednesday, January 12, 2011 / Notices
for removing liquidity from the
Complex Order book. The Exchange
now proposes to increase the take fee for
Firm Proprietary and Customer
(Professional) complex orders from
$0.27 per contract to $0.28 per contract.
The Exchange is not proposing any
change to the take fee for Market Maker,
Market Maker Plus, and Priority
Customer complex orders.
The Exchange has designated this
proposal to be operative on January 3,
2011.
mstockstill on DSKH9S0YB1PROD with NOTICES
2. Statutory Basis
The Exchange believes that its
proposal to amend its Schedule of Fees
is consistent with Section 6(b) of the
Act 8 in general, and furthers the
objectives of Section 6(b)(4) of the Act 9
in particular, in that it is an equitable
allocation of reasonable dues, fees and
other charges among Exchange
members. The impact of the proposal
upon the net fees paid by a particular
market participant will depend on a
number of variables, most important of
which will be its propensity to add or
remove liquidity in options overlying
the Select Symbols. The Exchange
believes that its proposal to assess a
$0.12 per contract take fee for all
Priority Customer orders is reasonable
as it will standardize the fee charged by
the Exchange for this category of market
participants. The Exchange also believes
that its proposal to assess a $0.28 per
contract take fee for Firm Proprietary
and Customer (Professional) regular and
complex orders in the Select Symbols is
also reasonable because the fee is within
the range of fees assessed by other
exchanges employing similar pricing
schemes. For example, the proposed
fees assessed to Firm Proprietary and
Customer (Professional) orders are
comparable to rates assessed by
NASDAQ OMX PHLX, Inc. (‘‘PHLX’’).
PHLX currently assesses a take fee of
$0.45 for Firm and Broker-Dealer orders
and $0.40 for Professional orders in its
regular order book. PHLX also currently
assesses a take fee of $0.27 for Firm and
Professional orders and $0.35 for
Broker-Dealer orders in its complex
order book.10
The Exchange believes that the price
differentiation between the various
market participants is justified because
market makers have obligations to the
market that the other market
participants, such as Firm Proprietary
and Customer (Professional), do not.
8 15
U.S.C. 78f(b).
U.S.C. 78f(b)(4).
10 See PHLX Fee Schedule at https://
www.nasdaqtrader.com/content/marketregulation/
membership/phlx/feesched.pdf.
9 15
VerDate Mar<15>2010
17:25 Jan 11, 2011
Jkt 223001
The Exchange believes that it is
equitable to assess a nominally higher
fee for Firm Proprietary and Customer
(Professional) orders that do not have
the quoting requirements that Exchange
market makers do. Moreover, the
Exchange believes that the proposed
fees are fair, equitable and not unfairly
discriminatory because the proposed
fees are consistent with price
differentiation that exists today at other
option exchanges. The Exchange
believes that the proposed fees are fair,
equitable and not unfairly
discriminatory for the reasons stated
above.
The Exchange operates in a highly
competitive market in which market
participants can readily direct order
flow to another exchange if they deem
fee levels at a particular exchange to be
excessive.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The proposed rule change does not
impose any burden on competition that
is not necessary or appropriate in
furtherance of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange has not solicited, and
does not intend to solicit, comments on
this proposed rule change. The
Exchange has not received any
unsolicited written comments from
members or other interested parties.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act.11 At any time
within 60 days of the filing of such
proposed rule change, the Commission
summarily may temporarily suspend
such rule change if it appears to the
Commission that such action is
necessary or appropriate in the public
interest, for the protection of investors,
or otherwise in furtherance of the
purposes of the Act. If the Commission
takes such action, the Commission shall
institute proceedings to determine
whether the proposed rule should be
approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
11 15
PO 00000
U.S.C. 78s(b)(3)(A)(ii).
Frm 00091
Fmt 4703
Sfmt 9990
2171
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–ISE–2010–120 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–ISE–2010–120. This file
number should be included on the
subject line if e-mail 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 (https://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 on official business
days between the hours of 10 a.m. and
3 p.m. Copies of such filing also will be
available for inspection and copying at
the principal offices 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–2010–120, and should
be submitted on or before February 2,
2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–477 Filed 1–11–11; 8:45 am]
BILLING CODE 8011–01–P
12 17
E:\FR\FM\12JAN1.SGM
CFR 200.30–3(a)(12).
12JAN1
Agencies
[Federal Register Volume 76, Number 8 (Wednesday, January 12, 2011)]
[Notices]
[Pages 2170-2171]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-477]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-63664; File No. SR-ISE-2010-120]
Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change, as Modified by Amendment No. 1, Relating to Fees and Rebates
for Adding and Removing Liquidity
January 6, 2011.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 23, 2010, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission the proposed rule change, and on January 5, 2011,
filed Amendment No. 1 to the proposed rule change, as described in
Items I and II below, which items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change, as amended, 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 the
Substance of the Proposed Rule Change
The ISE is proposing to amend its transaction fees and rebates for
adding and removing liquidity. The text of the proposed rule change is
available on the Exchange's Web site (https://www.ise.com), at the
principal office of the Exchange, and at the Commission's Public
Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in sections A, B and C below, of the
most significant aspects of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange currently assesses a per contract transaction charge
to market participants that add or remove liquidity from the Exchange
(``maker/taker fees'') in 100 options classes (the ``Select
Symbols'').\3\ The Exchange currently charges a take fee of: (i) $0.25
per contract for Market Maker, Market Maker Plus,\4\ Firm Proprietary
and Customer (Professional) \5\ orders; (ii) $0.35 per contract for
Non-ISE Market Maker \6\ orders; (iii) $0.20 per contract for Priority
Customer \7\ orders for 100 or more contracts. Priority Customer orders
for less than 100 contracts are not assessed a fee for removing
liquidity. The Exchange now proposes to increase the take fee for Firm
Proprietary and Customer (Professional) orders from $0.25 per contract
to $0.28 per contract. Additionally, in the interest of standardizing
the take fee charged for Priority Customer orders, the Exchange
proposes to lower the take fee for Priority Customer orders of 100 or
more contracts from $0.20 per contract to $0.12 per contract while
increasing the take fee for Priority Customer orders of less than 100
contracts from $0.00 per contract to $0.12 per contract. As a result,
all Priority Customer orders, regardless of size, will be assessed a
take fee of $0.12 per contract.
---------------------------------------------------------------------------
\3\ Options classes subject to maker/taker fees are identified
by their ticker symbol on the Exchange's Schedule of Fees. See
Securities Exchange Act Release Nos. 61869 (April 7, 2010), 75 FR
19449 (April 14, 2010) (SR-ISE-2010-25), 62048 (May 6, 2010), 75 FR
26830 (May 12, 2010) (SR-ISE-2010-43), 62282 (June 11, 2010), 75 FR
34499 (June 17, 2010) (SR-ISE-2010-54), 62319 (June 17, 2010), 75 FR
36134 (June 24, 2010) (SR-ISE-2010-57), 62508 (July 15, 2010), 75 FR
42809 (July 22, 2010) (SR-ISE-2010-65), 62507 (July 15, 2010), 75 FR
42802 (July 22, 2010) (SR-ISE-2010-68), 62665 (August 9, 2010), 75
FR 50015 (August 16, 2010) (SR-ISE-2010-82), 62805 (August 31,
2010), 75 FR 54682 (September 8, 2010) (SR-ISE-2010-90), 63283
(November 9, 2010), 75 FR 70059 (November 16, 2010) (SR-ISE-2010-
106) and 63534 (December 13, 2010), 75 FR 79433 (December 20, 2010)
(SR-ISE-2010-114).
\4\ A Market Maker Plus is a market maker who is on the National
Best Bid or National Best Offer 80% of the time for series trading
between $0.03 and $5.00 (for options whose underlying stock's
previous trading day's last sale price was less than or equal to
$100) and between $0.10 and $5.00 (for options whose underlying
stock's previous trading day's last sale price was greater than
$100) in premium in each of the front two expiration months and 80%
of the time for series trading between $0.03 and $5.00 (for options
whose underlying stock's previous trading day's last sale price was
less than or equal to $100) and between $0.10 and $5.00 (for options
whose underlying stock's previous trading day's last sale price was
greater than $100) in premium across all expiration months in order
to receive the rebate. The Exchange determines whether a market
maker qualifies as a Market Maker Plus at the end of each month by
looking back at each market maker's quoting statistics during that
month. If at the end of the month, a market maker meets the
Exchange's stated criteria, the Exchange rebates $0.10 per contract
for transactions executed by that market maker during that month.
The Exchange provides market makers a report on a daily basis with
quoting statistics so that market makers can determine whether or
not they are meeting the Exchange's stated criteria.
\5\ A Customer (Professional) is a person who is not a broker/
dealer and is not a Priority Customer.
\6\ A Non-ISE Market Maker, or Far Away Market Maker
(``FARMM''), is a market maker as defined in Section 3(a)(38) of the
Securities Exchange Act of 1934, as amended (``Exchange Act''),
registered in the same options class on another options exchange.
\7\ A Priority Customer is defined in ISE Rule 100(a)(37A) as 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).
---------------------------------------------------------------------------
For Complex Orders, the Exchange currently charges a take fee of:
(i) $0.27 per contract for Market Maker, Market Maker Plus, Firm
Proprietary and Customer (Professional) orders; and (ii) $0.35 per
contract for Non-ISE Market Maker orders. Priority Customer orders,
regardless of size, are not assessed a fee
[[Page 2171]]
for removing liquidity from the Complex Order book. The Exchange now
proposes to increase the take fee for Firm Proprietary and Customer
(Professional) complex orders from $0.27 per contract to $0.28 per
contract. The Exchange is not proposing any change to the take fee for
Market Maker, Market Maker Plus, and Priority Customer complex orders.
The Exchange has designated this proposal to be operative on
January 3, 2011.
2. Statutory Basis
The Exchange believes that its proposal to amend its Schedule of
Fees is consistent with Section 6(b) of the Act \8\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \9\ in
particular, in that it is an equitable allocation of reasonable dues,
fees and other charges among Exchange members. The impact of the
proposal upon the net fees paid by a particular market participant will
depend on a number of variables, most important of which will be its
propensity to add or remove liquidity in options overlying the Select
Symbols. The Exchange believes that its proposal to assess a $0.12 per
contract take fee for all Priority Customer orders is reasonable as it
will standardize the fee charged by the Exchange for this category of
market participants. The Exchange also believes that its proposal to
assess a $0.28 per contract take fee for Firm Proprietary and Customer
(Professional) regular and complex orders in the Select Symbols is also
reasonable because the fee is within the range of fees assessed by
other exchanges employing similar pricing schemes. For example, the
proposed fees assessed to Firm Proprietary and Customer (Professional)
orders are comparable to rates assessed by NASDAQ OMX PHLX, Inc.
(``PHLX''). PHLX currently assesses a take fee of $0.45 for Firm and
Broker-Dealer orders and $0.40 for Professional orders in its regular
order book. PHLX also currently assesses a take fee of $0.27 for Firm
and Professional orders and $0.35 for Broker-Dealer orders in its
complex order book.\10\
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(4).
\10\ See PHLX Fee Schedule at https://www.nasdaqtrader.com/content/marketregulation/membership/phlx/feesched.pdf.
---------------------------------------------------------------------------
The Exchange believes that the price differentiation between the
various market participants is justified because market makers have
obligations to the market that the other market participants, such as
Firm Proprietary and Customer (Professional), do not. The Exchange
believes that it is equitable to assess a nominally higher fee for Firm
Proprietary and Customer (Professional) orders that do not have the
quoting requirements that Exchange market makers do. Moreover, the
Exchange believes that the proposed fees are fair, equitable and not
unfairly discriminatory because the proposed fees are consistent with
price differentiation that exists today at other option exchanges. The
Exchange believes that the proposed fees are fair, equitable and not
unfairly discriminatory for the reasons stated above.
The Exchange operates in a highly competitive market in which
market participants can readily direct order flow to another exchange
if they deem fee levels at a particular exchange to be excessive.
B. Self-Regulatory Organization's Statement on Burden on Competition
The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\11\ At any time within 60 days of the
filing of such proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
---------------------------------------------------------------------------
\11\ 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 (https://www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-ISE-2010-120 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-ISE-2010-120. This file
number should be included on the subject line if e-mail 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 (https://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 on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing also
will be available for inspection and copying at the principal offices
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-
2010-120, and should be submitted on or before February 2, 2011.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------
\12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-477 Filed 1-11-11; 8:45 am]
BILLING CODE 8011-01-P