Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Regarding Fees for Singly Listed Options, 62280-62282 [2012-25081]
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62280
Federal Register / Vol. 77, No. 198 / Friday, October 12, 2012 / Notices
system. In particular, the proposed rule
change furthers the interest of fair and
orderly markets by avoiding the
artificial tracking error that could result
if the underlying value of the closing
price of SPX options were allowed to
significantly diverge at month-end from
the closing value of the underlying stock
index and the settlement value of the
related SPX futures contract.
Additionally, the proposed rule change
is designed to improve the Exchange’s
ability to prevent fraudulent and
manipulative practices by adopting a
surveillance program to monitor the
LMMs’ month-end fair value quoting
activities.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
CBOE does not believe that the
proposed rule change will 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 neither solicited nor
received comments on the proposed
rule change.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not:
A. Significantly affect the protection
of investors or the public interest;
B. Impose any significant burden on
competition; and
C. Become operative for 30 days from
the date on which it was filed, or such
shorter time as the Commission may
designate,
it has become effective pursuant to
Section 19(b)(3)(A) 14 of the Act and
Rule 19b–4(f)(6) 15 thereunder.16
At any time within 60 days of the
filing of this 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.
14 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
16 In addition, Rule 19b–4(f)(6)(iii) requires a selfregulatory organization to provide the Commission
with written notice of its intent to file the proposed
rule change, along with a brief description and text
of the proposed rule change, at least five business
days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the
Commission. The Exchange has satisfied this
requirement.
15 17
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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:
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number SR–CBOE–2012–095 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–CBOE–2012–095. 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 (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, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–CBOE–
2012–095 and should be submitted on
or before November 2, 2012.
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[FR Doc. 2012–25080 Filed 10–11–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
PO 00000
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Kevin M. O’Neill,
Deputy Secretary.
Sfmt 4703
[Release No. 34–67993; File No. SR–ISE–
2012–80]
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change Regarding Fees for Singly
Listed Options
October 5, 2012.
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
September 26, 2012, the International
Securities Exchange, LLC (the
‘‘Exchange’’ or the ‘‘ISE’’) filed with the
Securities and Exchange Commission
the proposed rule change, as described
in Items I, II, and III below, which items
have been prepared by the selfregulatory organization. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The ISE proposes to amend its
Schedule of Fees. 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.
17 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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Federal Register / Vol. 77, No. 198 / Friday, October 12, 2012 / Notices
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
wreier-aviles on DSK5TPTVN1PROD with NOTICES
ISE proposes to increase the execution
fee for Priority Customer 3 orders, from
$0.18 per contract to $0.20 per contract,
in certain singly-listed products listed
and traded on the Exchange (‘‘Singly
Listed Symbols’’).4 The Exchange also
proposes to increase the fee for Crossing
Orders 5 for Priority Customers in Singly
Listed Symbols, from $0.18 per contract
to $0.20 per contract. With this
proposed fee change, the Exchange
seeks to standardize the fees charged to
Priority Customer orders in Singly
Listed Symbols with the fees the
Exchange currently charges Firm
Proprietary and Professional Customer
orders that trade in these products. The
execution fee and the fee for Crossing
Orders for both Firm Proprietary and
Professional Customer orders is
currently $0.20 per contract in Singly
Listed Symbols.
While the Exchange currently does
not charge a fee for Priority Customer
orders in Non-Select Symbols that are
multiply-listed, the Exchange believes it
is appropriate to charge Priority
Customers for trading in Singly Listed
Symbols to enable the Exchange, in part,
to recoup the costs associated with
maintaining these products. The
Exchange notes that a number of its
competitors currently charge a fee to
Priority Customer orders in singly-listed
products traded on their exchange. For
example, NASDAQ OMX PHLX LLC
(‘‘PHLX’’) charges Priority Customers
$0.35 per contract for trading in singlylisted options on that exchange.6 The
Chicago Board Options Exchange, Inc.
(‘‘CBOE’’) charges Priority Customers up
to $0.44 per contract in certain index
3 ISE rules distinguish between Priority
Customers and Professional Customer. 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). See ISE Rule 100(a)(37A). A Professional
Customer is a person or entity that is not a broker/
dealer and is not a Priority Customer. See ISE
Schedule of Fees. A Professional Order is an order
that is for the account of a person or entity that is
not a Priority Customer. See ISE Rule 100(a)(37C).
4 Singly Listed Symbols are identified by their
ticker symbols on the Exchange’s Schedule of Fees.
5 A Crossing Order is an order executed in the
Exchange’s various auction mechanisms, and also
includes Qualified Contingent Cross orders. See ISE
Schedule of Fees.
6 See PHLX Fee Schedule, Section III, at https://
www.nasdaqtrader.com/content/marketregulation/
membership/phlx/feesched.pdf.
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options that are singly-listed on that
exchange.7
The Exchange also proposes to amend
the list of Singly Listed Symbols on its
Schedule of Fees in order to remove
certain delisted symbols from the list of
Singly Listed Symbols. Singly Listed
Symbols are subject to the fees and
rebates listed in Section I of the
Exchange’s Schedule of Fees. The
Exchange is proposing to remove the
following symbols from the list of
Singly Listed Symbols, as that term is
defined in the Preface of the Schedule
of Fees: DMA, FUM, HSX, OOG, BYT,
HVY, RUF, JLO, SIN, RND, HHO, PMP,
POW, TNY, WMX, IXZ, UKX, and
NXTQ. The Exchange has delisted these
products and therefore, these products
no longer trade on the Exchange and are
no longer subject to the fees and rebates
listed in Section I of the Schedule of
Fees. Additionally, the Exchange had
previously entered into a licensing
agreement with the owners of certain of
the indexes and adopted a surcharge to
recoup the costs associated with
licensing these indexes.8 Since the
Exchange no longer trades a number of
the licensed indexes, i.e., NXTQ, FUM,
HSX, POW, TNY, WMX and UKX, the
Exchange proposes to remove the
license surcharge associated with these
products from its Schedule of Fees.
The Exchange has designated this
proposal to be operative on October 1,
2012.
2. Basis
The Exchange believes that its
proposal to amend its Schedule of Fees
is consistent with Section 6(b) of the
Act 9 in general, and furthers the
objectives of Section 6(b)(4) of the Act 10
in particular, in that it is an equitable
allocation of reasonable dues, fees and
other charges among Exchange
members. The Exchange’s proposal to
amend the fees for Singly Listed
Symbols is reasonable because the
Exchange is seeking to recoup costs
associated with the continued listing
and trading of these products.11 The
7 See CBOE Fees Schedule, at https://
www.cboe.com/publish/feeschedule/
CBOEFeeSchedule.pdf.
8 See Securities Exchange Act Release Nos. 51962
(July 1, 2005), 70 FR 40088 (July 12, 2005) (SR–ISE–
2005–29); 53173 (January 24, 2006), 71 FR 5096
(January 31, 2006) (SR–ISE–2006–03); 53914 (June
7, 2006) [sic], 71 FR 33022 (June 7, 2006) (SR–ISE–
2006–25); 54697 (November 2, 2006) (71 FR 65857
(November 9, 2006) (SR–ISE–2006–61); 55407
(March 6, 2007), 72 FR 11411 (March 13, 2007) (SR–
ISE–2007–13); and 59171 (December 29, 2008), 74
FR 482 (January 6, 2009) (SR–ISE–2008–98).
9 15 U.S.C. 78f(b).
10 15 U.S.C. 78f(b)(4).
11 The Exchange continues to incur costs for
maintaining Singly Listed Symbols including
marketing expenses. In addition, the Exchange
PO 00000
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62281
Exchange also believes the proposed fee
change is equitable and not unfairly
discriminatory because the proposed
fees will more closely align Priority
Customer fees with other market
participant fees in these products. In
addition, the Exchange believes that the
proposed fees are reasonable, equitable
and not unfairly discriminatory because
the fees are consistent with price
differentiation that exists today at all
option exchanges.
The Exchange believes that it is
reasonable to remove DMA, FUM, HSX,
OOG, BYT, HVY, RUF, JLO, SIN, RND,
HHO, PMP, POW, TNY, WMX, IXZ,
UKX, and NXTQ from the list of Select
Symbols because these symbols have
been delisted and no longer trade on the
Exchange. The Exchange believes that it
is equitable and not unfairly
discriminatory to remove these symbols
from the list of Select Symbols because
all members, uniformly, would not be
assessed either the rebates or the fees
pursuant to Section I of the Schedule of
Fees with respect to these symbols. The
Exchange further believes that updating
its Schedule of Fees to remove singlylisted products that are no longer traded
on the Exchange will provide Exchange
Members with clarity as to the symbols
that are singly-listed on the Exchange
and their applicable fees.
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
incurs certain additional costs related to singlylisted products as compared to multiply-listed
products. For example, in analyzing an obvious
error for a singly-listed option, the Exchange does
not have the additional data points available in
establishing a theoretical price as is the case for a
multiply-listed option. For this reason, a singlylisted option requires additional analysis and
administrative time to comply with Exchange rules
to resolve an obvious error.
E:\FR\FM\12OCN1.SGM
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62282
Federal Register / Vol. 77, No. 198 / Friday, October 12, 2012 / Notices
19(b)(3)(A)(ii) of the Act.12 At any time
within 60 days of the filing of such
proposed rule change, the Commission
summarily may temporarily suspend
such rule change if it appears to the
Commission that such action is
necessary or appropriate in the public
interest, for the protection of investors,
or otherwise in furtherance of the
purposes of the Act. If the Commission
takes such action, the Commission shall
institute proceedings to determine
whether the proposed rule should be
approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number SR–ISE–2012–80 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–2012–80. 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
(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 10:00 a.m.
and 3:00 p.m. Copies of such filing also
will be available for inspection and
copying at the principal offices of ISE.
All comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–ISE–2012–80, and should
be submitted on or before November 2,
2012.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–25081 Filed 10–11–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–67996; File No. SR–Phlx–
2012–118]
Self-Regulatory Organizations;
NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change Relating to
Inbound Routing From an Affiliated
Exchange
October 5, 2012.
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
September 28, 2012, NASDAQ OMX
PHLX LLC (the ‘‘Phlx’’ or ‘‘Exchange’’)
filed with the Securities and Exchange
Commission (‘‘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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange is filing a proposed rule
change for the NASDAQ OMX PSX
facility of PHLX (‘‘PSX’’) to continue to
accept inbound orders routed by Nasdaq
Execution Services LLC (‘‘NES’’) from
the NASDAQ OMX BX Equities Market
of NASDAQ OMX BX, Inc. (‘‘BX’’), as
described further below, for an
additional six month pilot period. The
text of the proposed rule change is
available at https://nasdaqomxphlx.
cchwallstreet.com, at Phlx’s principal
office, and at the Commission’s Public
Reference Room.
13 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
12 15
U.S.C. 78s(b)(3)(A)(ii).
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Sfmt 4703
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, NES is the approved
outbound routing facility of BX,
providing outbound routing to other
market centers.3 PHLX and BX have
previously adopted rules to permit PSX
to receive inbound routes of certain
orders by NES in its capacity as an order
routing facility of BX.4 The Exchange
specifically has adopted a rule to
prevent potential informational
advantages resulting from the affiliation
between PHLX and NES, as related to
NES’s authority to route certain orders
from BX.5 NES’s authority to route these
orders to BX is subject to a pilot period
ending October 6, 2012.6 The Exchange
hereby seeks to extend the previously
approved pilot period (with the
attendant obligations and conditions)
for an additional six months, through
March 30, 2013.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the provisions of Section 6 of the Act,7
in general, and with Sections 6(b)(5) of
the Act,8 in particular, in that the
proposal is designed to prevent
fraudulent and manipulative acts and
practices, to promote just and equitable
principles of trade, to foster cooperation
and coordination with persons engaged
in regulating, clearing, settling,
processing information with respect to,
and facilitating transactions in
3 BX
Rule 4758(b).
Securities Exchange Act Release Nos. 65553
(October 13, 2011), 76 FR 64987 (October 19, 2011)
(SR–Phlx–2011–138); and 65470 (October 3, 2011),
76 FR 62489 (October 7, 2011) (SR–BX–2011–048).
5 See PHLX Rule 985(c)(2).
6 See Securities Exchange Act Release No. 65553
(October 13, 2011), 76 FR 64987 (October 19, 2011)
(SR–Phlx–2011–138).
7 15 U.S.C. 78f.
8 15 U.S.C. 78f(b)(5).
4 See
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Agencies
[Federal Register Volume 77, Number 198 (Friday, October 12, 2012)]
[Notices]
[Pages 62280-62282]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25081]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-67993; File No. SR-ISE-2012-80]
Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Regarding Fees for Singly Listed Options
October 5, 2012.
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 September 26, 2012, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission the proposed rule change, as described in Items I,
II, and III below, which items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The ISE proposes to amend its Schedule of Fees. 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.
[[Page 62281]]
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
ISE proposes to increase the execution fee for Priority Customer
\3\ orders, from $0.18 per contract to $0.20 per contract, in certain
singly-listed products listed and traded on the Exchange (``Singly
Listed Symbols'').\4\ The Exchange also proposes to increase the fee
for Crossing Orders \5\ for Priority Customers in Singly Listed
Symbols, from $0.18 per contract to $0.20 per contract. With this
proposed fee change, the Exchange seeks to standardize the fees charged
to Priority Customer orders in Singly Listed Symbols with the fees the
Exchange currently charges Firm Proprietary and Professional Customer
orders that trade in these products. The execution fee and the fee for
Crossing Orders for both Firm Proprietary and Professional Customer
orders is currently $0.20 per contract in Singly Listed Symbols.
---------------------------------------------------------------------------
\3\ ISE rules distinguish between Priority Customers and
Professional Customer. 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). See ISE Rule
100(a)(37A). A Professional Customer is a person or entity that is
not a broker/dealer and is not a Priority Customer. See ISE Schedule
of Fees. A Professional Order is an order that is for the account of
a person or entity that is not a Priority Customer. See ISE Rule
100(a)(37C).
\4\ Singly Listed Symbols are identified by their ticker symbols
on the Exchange's Schedule of Fees.
\5\ A Crossing Order is an order executed in the Exchange's
various auction mechanisms, and also includes Qualified Contingent
Cross orders. See ISE Schedule of Fees.
---------------------------------------------------------------------------
While the Exchange currently does not charge a fee for Priority
Customer orders in Non-Select Symbols that are multiply-listed, the
Exchange believes it is appropriate to charge Priority Customers for
trading in Singly Listed Symbols to enable the Exchange, in part, to
recoup the costs associated with maintaining these products. The
Exchange notes that a number of its competitors currently charge a fee
to Priority Customer orders in singly-listed products traded on their
exchange. For example, NASDAQ OMX PHLX LLC (``PHLX'') charges Priority
Customers $0.35 per contract for trading in singly-listed options on
that exchange.\6\ The Chicago Board Options Exchange, Inc. (``CBOE'')
charges Priority Customers up to $0.44 per contract in certain index
options that are singly-listed on that exchange.\7\
---------------------------------------------------------------------------
\6\ See PHLX Fee Schedule, Section III, at https://www.nasdaqtrader.com/content/marketregulation/membership/phlx/feesched.pdf.
\7\ See CBOE Fees Schedule, at https://www.cboe.com/publish/feeschedule/CBOEFeeSchedule.pdf.
---------------------------------------------------------------------------
The Exchange also proposes to amend the list of Singly Listed
Symbols on its Schedule of Fees in order to remove certain delisted
symbols from the list of Singly Listed Symbols. Singly Listed Symbols
are subject to the fees and rebates listed in Section I of the
Exchange's Schedule of Fees. The Exchange is proposing to remove the
following symbols from the list of Singly Listed Symbols, as that term
is defined in the Preface of the Schedule of Fees: DMA, FUM, HSX, OOG,
BYT, HVY, RUF, JLO, SIN, RND, HHO, PMP, POW, TNY, WMX, IXZ, UKX, and
NXTQ. The Exchange has delisted these products and therefore, these
products no longer trade on the Exchange and are no longer subject to
the fees and rebates listed in Section I of the Schedule of Fees.
Additionally, the Exchange had previously entered into a licensing
agreement with the owners of certain of the indexes and adopted a
surcharge to recoup the costs associated with licensing these
indexes.\8\ Since the Exchange no longer trades a number of the
licensed indexes, i.e., NXTQ, FUM, HSX, POW, TNY, WMX and UKX, the
Exchange proposes to remove the license surcharge associated with these
products from its Schedule of Fees.
---------------------------------------------------------------------------
\8\ See Securities Exchange Act Release Nos. 51962 (July 1,
2005), 70 FR 40088 (July 12, 2005) (SR-ISE-2005-29); 53173 (January
24, 2006), 71 FR 5096 (January 31, 2006) (SR-ISE-2006-03); 53914
(June 7, 2006) [sic], 71 FR 33022 (June 7, 2006) (SR-ISE-2006-25);
54697 (November 2, 2006) (71 FR 65857 (November 9, 2006) (SR-ISE-
2006-61); 55407 (March 6, 2007), 72 FR 11411 (March 13, 2007) (SR-
ISE-2007-13); and 59171 (December 29, 2008), 74 FR 482 (January 6,
2009) (SR-ISE-2008-98).
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The Exchange has designated this proposal to be operative on
October 1, 2012.
2. Basis
The Exchange believes that its proposal to amend its Schedule of
Fees is consistent with Section 6(b) of the Act \9\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \10\ in
particular, in that it is an equitable allocation of reasonable dues,
fees and other charges among Exchange members. The Exchange's proposal
to amend the fees for Singly Listed Symbols is reasonable because the
Exchange is seeking to recoup costs associated with the continued
listing and trading of these products.\11\ The Exchange also believes
the proposed fee change is equitable and not unfairly discriminatory
because the proposed fees will more closely align Priority Customer
fees with other market participant fees in these products. In addition,
the Exchange believes that the proposed fees are reasonable, equitable
and not unfairly discriminatory because the fees are consistent with
price differentiation that exists today at all option exchanges.
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\9\ 15 U.S.C. 78f(b).
\10\ 15 U.S.C. 78f(b)(4).
\11\ The Exchange continues to incur costs for maintaining
Singly Listed Symbols including marketing expenses. In addition, the
Exchange incurs certain additional costs related to singly-listed
products as compared to multiply-listed products. For example, in
analyzing an obvious error for a singly-listed option, the Exchange
does not have the additional data points available in establishing a
theoretical price as is the case for a multiply-listed option. For
this reason, a singly-listed option requires additional analysis and
administrative time to comply with Exchange rules to resolve an
obvious error.
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The Exchange believes that it is reasonable to remove DMA, FUM,
HSX, OOG, BYT, HVY, RUF, JLO, SIN, RND, HHO, PMP, POW, TNY, WMX, IXZ,
UKX, and NXTQ from the list of Select Symbols because these symbols
have been delisted and no longer trade on the Exchange. The Exchange
believes that it is equitable and not unfairly discriminatory to remove
these symbols from the list of Select Symbols because all members,
uniformly, would not be assessed either the rebates or the fees
pursuant to Section I of the Schedule of Fees with respect to these
symbols. The Exchange further believes that updating its Schedule of
Fees to remove singly-listed products that are no longer traded on the
Exchange will provide Exchange Members with clarity as to the symbols
that are singly-listed on the Exchange and their applicable fees.
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
[[Page 62282]]
19(b)(3)(A)(ii) of the Act.\12\ 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.
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\12\ 15 U.S.C. 78s(b)(3)(A)(ii).
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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 email to rule-comments@sec.gov. Please include
File Number SR-ISE-2012-80 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-2012-80. 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 (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 10:00 a.m. and 3:00 p.m.
Copies of such filing also will be available for inspection and copying
at the principal offices of ISE. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-ISE-2012-80, and should be submitted on or before
November 2, 2012.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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\13\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-25081 Filed 10-11-12; 8:45 am]
BILLING CODE 8011-01-P