Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees, 15170-15172 [2014-05873]
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15170
Federal Register / Vol. 79, No. 52 / Tuesday, March 18, 2014 / Notices
impair the ability of Members or
competing venues to maintain their
competitive standing in the financial
markets.
In particular, the Exchange believes
that its proposal to pass through the
amended fees for orders that yield Flags
D, U, and RW would increase
intermarket competition because it
offers customers an alternative means to
route to the NYSE, LavaFlow, and CBSX
respectively for the same price that they
would be charged if they entered orders
on those trading centers directly. The
Exchange believes that its proposal
would not burden intramarket
competition because the proposed rate
would apply uniformly to all Members.
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)
of the Act 14 and Rule 19b-4(f)(2) 15
thereunder. 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.
IV. Solicitation of Comments
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–EDGA–2014–04. 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 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–EDGA–
2014–04, and should be submitted on or
before April 8, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–05839 Filed 3–17–14; 8:45 am]
Electronic Comments
emcdonald on DSK67QTVN1PROD with NOTICES
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:
[Release No. 34–71705; File No. SR–ISE–
2014–14]
• 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–
EDGA–2014–04 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
14 15
15 17
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4 (f)(2).
VerDate Mar<15>2010
18:34 Mar 17, 2014
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change To Amend the Schedule of
Fees
March 12, 2014.
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 March 4,
2013, 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.
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 to extend the Qualified
Contingent Cross (‘‘QCC’’) and
Solicitation rebate to solicited orders
executed in the Price Improvement
Mechanism (‘‘PIM’’) and Facilitation
Mechanism. 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 purpose of the proposed rule
change is to amend the Schedule of Fees
to extend the QCC and Solicitation
rebate to solicited orders executed in the
PIM and in the Facilitation Mechanism.
The fee changes discussed apply to both
Standard Options and Mini Options
traded on the Exchange. The Exchange’s
Schedule of Fees has separate tables for
fees applicable to Standard Options and
Mini Options. The Exchange notes that
while the discussion below relates to
fees for Standard Options, the fees for
Mini Options, which are not discussed
1 15
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U.S.C. 78s(b)(1).
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and orders executed in the Solicited
Order Mechanism qualify for the rebate.
The Exchange believes that it is more
equitable to provide rebates to all
solicited Crossing Orders, regardless of
the crossing mechanism in which they
are executed.
The Exchange notes that it has
determined to charge fees and provide
rebates in Mini Options at a rate that is
1/10th the rate of fees and rebates the
Exchange provides for trading in
Standard Options. The Exchange
believes it is reasonable and equitable
and not unfairly discriminatory to
assess lower fees and rebates to provide
market participants an incentive to trade
Mini Options on the Exchange. The
Exchange believes the proposed fees are
reasonable and equitable in light of the
fact that Mini Options have a smaller
exercise and assignment value,
specifically 1/10th that of a standard
option contract, and, as such, is
providing fees for Mini Options that are
1/10th of those applicable to Standard
Options.
2. Basis
The Exchange believes that the
proposed rule change is consistent with
the provisions of Section 6 of the Act,5
in general, and Section 6(b)(4) of the
Act,6 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. The Exchange
believes that it is reasonable, equitable,
and not unfairly discriminatory to
extend the current structure for QCC
and Solicitation rebates to solicited
orders executed in the PIM and in the
Facilitation Mechanism as the Exchange
is attempting to incentivize that order
flow. Members may enter orders in each
of the QCC, Solicited Order,
Facilitation, and Price Improvement
Mechanisms with a contra order that
has been solicited from another party.
Currently, however, only QCC orders
emcdonald on DSK67QTVN1PROD with NOTICES
below, are and shall continue to be
1/10th of the fees for Standard Options.
The Exchange currently provides
tiered rebates, in all symbols, for each
originating side in QCC orders and
orders executed in the Solicited Order
Mechanism, based on a Member’s
volume in these crossing mechanisms
during a month.3 Currently this rebate is
$0.07 per contract for Members that
execute 200,000 to 499,999 contracts,
$0.08 per contract for Members that
execute 500,000 to 699,999 contracts,
$0.09 per contract for Members that
execute 700,000 to 999,999 contracts,
and $0.11 per contract for Members that
execute 1,000,000 contracts or more in
a given month. The Exchange now
proposes to extend this pricing to
include solicited orders executed in the
PIM and in the Facilitation Mechanism,
i.e., orders executed in the PIM and in
the Facilitation Mechanism where the
agency order is executed against a
solicited contra order,4 in addition to
QCC orders and orders executed in the
Solicited Order Mechanism. With this
proposed change, Members will receive
a rebate for all solicited Crossing Orders
as long as they meet the required
volume threshold.
In accordance with Section 6(b)(8) of
the Act,7 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. To the
contrary, the Exchange believes that the
proposed rule change is pro-competitive
as it is designed to attract additional
order flow to the ISE’s Price
Improvement Mechanism and the
Facilitation Mechanism. 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 to remain competitive
with other exchanges. For the reasons
described above, the Exchange believes
that the proposed fee changes reflect
this competitive environment.
3 Volume in Standard Options and Mini Options
will be combined to calculate the tier a Member has
reached. Based on the tier achieved, the Member
will be rebated for that tier for all the Standard
Options traded at the Standard Option rebate
amount and for all the Mini Options traded at the
Mini Option rebate amount.
4 See ISE Rules 723 and 716(d) for rules governing
the Price Improvement and Facilitation
Mechanisms, respectively. An Electronic Access
Member may either facilitate a Price Improvement
or Facilitation Order it represents as agent or solicit
interest to execute against an order it represents as
agent.
5 15 U.S.C. 78f.
6 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization’s
Statement on Burden on Competition
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 8 and
subparagraph (f)(2) of Rule 19b–4
thereunder,9 because it establishes a
due, fee, or other charge imposed by
ISE.
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:
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 No. SR–ISE–
2014–14 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–ISE–2014–14. 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
8 15
7 15
PO 00000
U.S.C. 78f(b)(8).
Frm 00077
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9 17
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15171
E:\FR\FM\18MRN1.SGM
U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f)(2).
18MRN1
15172
Federal Register / Vol. 79, No. 52 / Tuesday, March 18, 2014 / Notices
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 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–
2014–14 and should be submitted by
April 8, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–05873 Filed 3–17–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–71703; File No. SR–
NASDAQ–2014–023]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change Relating to
NASDAQ Options Market Fees and
Rebates
March 12, 2014.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on March 3,
2014, The NASDAQ Stock Market LLC
(‘‘NASDAQ’’ or ‘‘Exchange’’) filed with
the Securities and Exchange
10 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 The term ‘‘Customer’’ means any transaction
that is identified by a Participant for clearing in the
Customer range at The Options Clearing
Corporation (‘‘OCC’’) which is not for the account
of broker or dealer or for the account of a
‘‘Professional’’ (as that term is defined in Chapter
I, Section 1(a)(48)). See Chapter XV.
4 The term ‘‘Professional’’ means any person or
entity that (i) is not a broker or dealer in securities,
and (ii) places more than 390 orders in listed
options per day on average during a calendar month
for its own beneficial account(s) pursuant to
Chapter I, Section 1(a)(48). All Professional orders
shall be appropriately marked by Participants. See
Chapter XV.
5 The Penny Pilot was established in March 2008
and in October 2009 was expanded and extended
through June 30, 2014. See Securities Exchange Act
emcdonald on DSK67QTVN1PROD with NOTICES
1 15
VerDate Mar<15>2010
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Jkt 232001
Commission (‘‘SEC’’ or ‘‘Commission’’)
the proposed rule change as described
in Items I, II, and III, below, which Items
have been prepared by NASDAQ. 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
NASDAQ proposes to modify Chapter
XV, entitled ‘‘Options Pricing,’’ at
Section 2 governing pricing for
NASDAQ members using the NASDAQ
Options Market (‘‘NOM’’), NASDAQ’s
facility for executing and routing
standardized equity and index options.
Specifically, NOM proposes amending
Customer 3 and Professional 4 Rebates
To Add Liquidity in Penny Pilot
Options 5; amending note d and
adopting proposed note e; amending
NOM Market Maker 6 Rebates to Add
Liquidity in Penny Pilot Options; and
amending the NOM Market Maker Fee
for Removing Liquidity in Penny Pilot
Options.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://
www.nasdaq.cchwallstreet.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. 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,
Release Nos. 57579 (March 28, 2008), 73 FR 18587
(April 4, 2008) (SR–NASDAQ–2008–026) (notice of
filing and immediate effectiveness establishing
Penny Pilot); 60874 (October 23, 2009), 74 FR 56682
(November 2, 2009)(SR–NASDAQ–2009–091)
(notice of filing and immediate effectiveness
expanding and extending Penny Pilot); 60965
(November 9, 2009), 74 FR 59292 (November 17,
2009)(SR–NASDAQ–2009–097) (notice of filing and
immediate effectiveness adding seventy-five classes
to Penny Pilot); 61455 (February 1, 2010), 75 FR
6239 (February 8, 2010) (SR–NASDAQ–2010–013)
(notice of filing and immediate effectiveness adding
seventy-five classes to Penny Pilot); 62029 (May 4,
2010), 75 FR 25895 (May 10, 2010) (SR–NASDAQ–
2010–053) (notice of filing and immediate
effectiveness adding seventy-five classes to Penny
Pilot); 65969 (December 15, 2011), 76 FR 79268
(December 21, 2011) (SR–NASDAQ–2011–169)
(notice of filing and immediate effectiveness
extension and replacement of Penny Pilot); 67325
PO 00000
Frm 00078
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of the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
NASDAQ proposes to amend
Customer, Professional and Market
Maker Rebates to Add Liquidity in
Penny Pilot Options in order to
continue to incentivize Participants to
select NOM as a venue when directing
order flow. The Exchange also proposes
to increase the NOM Market Maker Fee
for Removing Liquidity in Penny Pilot
Options in permit the Exchange to
continue to offer rebate incentives to
attract liquidity to the Exchange.
Specifically, the Exchange proposes to
amending Tier 1, Tier 2, Tier 3, Tier 4,
and Tier 5 Customer and Professional
Rebates to Add Liquidity in Penny Pilot
Options by modifying certain
percentage metrics; amending note d,
which is applicable to Customer and
Professional rebate Tiers 7 and 8, and
adopting proposed note e, which would
be applicable to Customer and
Professional rebate Tier 8; amending
Tier 1, Tier 2, Tier 3, Tier 4, and Tier
5, and adding Tier 6, regarding NOM
Market Maker Rebates to Add Liquidity
in Penny Pilot Options by modifying
certain percentage metrics; and
amending the NOM Market Maker Fee
for Removing Liquidity in Penny Pilot
Options.
Rebates for Adding Customer and/or
Professional Liquidity
The Exchange currently pays
Customer and Professional Rebates to
Add Liquidity in Penny Pilot Options
based on an eight tier rebate structure,
which is found in Chapter XV Section
2(1), as follows:
(June 29, 2012), 77 FR 40127 (July 6, 2012) (SR–
NASDAQ–2012–075) (notice of filing and
immediate effectiveness and extension and
replacement of Penny Pilot through December 31,
2012); 68519 (December 21, 2012), 78 FR 136
(January 2, 2013) (SR–NASDAQ–2012–143) (notice
of filing and immediate effectiveness and extension
and replacement of Penny Pilot through June 30,
2013); 69787 (June 18, 2013), 78 FR 37858 (June 24,
2013) (SR–NASDAQ–2013–082) and 71105
(December 17, 2013), 78 FR 77530 (December 23,
2013) (SR–NASDAQ–2013–154). See also NOM
Rules, Chapter VI, Section 5.
6 The term ‘‘NOM Market Maker’’ means a
Participant that has registered as a Market Maker on
NOM pursuant to Chapter VII, Section 2, and must
also remain in good standing pursuant to Chapter
VII, Section 4. In order to receive NOM Market
Maker pricing in all securities, the Participant must
be registered as a NOM Market Maker in at least one
security. See Chapter XV.
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Agencies
[Federal Register Volume 79, Number 52 (Tuesday, March 18, 2014)]
[Notices]
[Pages 15170-15172]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05873]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-71705; File No. SR-ISE-2014-14]
Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Amend the Schedule of Fees
March 12, 2014.
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 March 4, 2013, 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 to extend the
Qualified Contingent Cross (``QCC'') and Solicitation rebate to
solicited orders executed in the Price Improvement Mechanism (``PIM'')
and Facilitation Mechanism. 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 purpose of the proposed rule change is to amend the Schedule of
Fees to extend the QCC and Solicitation rebate to solicited orders
executed in the PIM and in the Facilitation Mechanism. The fee changes
discussed apply to both Standard Options and Mini Options traded on the
Exchange. The Exchange's Schedule of Fees has separate tables for fees
applicable to Standard Options and Mini Options. The Exchange notes
that while the discussion below relates to fees for Standard Options,
the fees for Mini Options, which are not discussed
[[Page 15171]]
below, are and shall continue to be 1/10th of the fees for Standard
Options.
The Exchange currently provides tiered rebates, in all symbols, for
each originating side in QCC orders and orders executed in the
Solicited Order Mechanism, based on a Member's volume in these crossing
mechanisms during a month.\3\ Currently this rebate is $0.07 per
contract for Members that execute 200,000 to 499,999 contracts, $0.08
per contract for Members that execute 500,000 to 699,999 contracts,
$0.09 per contract for Members that execute 700,000 to 999,999
contracts, and $0.11 per contract for Members that execute 1,000,000
contracts or more in a given month. The Exchange now proposes to extend
this pricing to include solicited orders executed in the PIM and in the
Facilitation Mechanism, i.e., orders executed in the PIM and in the
Facilitation Mechanism where the agency order is executed against a
solicited contra order,\4\ in addition to QCC orders and orders
executed in the Solicited Order Mechanism. With this proposed change,
Members will receive a rebate for all solicited Crossing Orders as long
as they meet the required volume threshold.
---------------------------------------------------------------------------
\3\ Volume in Standard Options and Mini Options will be combined
to calculate the tier a Member has reached. Based on the tier
achieved, the Member will be rebated for that tier for all the
Standard Options traded at the Standard Option rebate amount and for
all the Mini Options traded at the Mini Option rebate amount.
\4\ See ISE Rules 723 and 716(d) for rules governing the Price
Improvement and Facilitation Mechanisms, respectively. An Electronic
Access Member may either facilitate a Price Improvement or
Facilitation Order it represents as agent or solicit interest to
execute against an order it represents as agent.
---------------------------------------------------------------------------
2. Basis
The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\5\ in general, and Section
6(b)(4) of the Act,\6\ 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. The
Exchange believes that it is reasonable, equitable, and not unfairly
discriminatory to extend the current structure for QCC and Solicitation
rebates to solicited orders executed in the PIM and in the Facilitation
Mechanism as the Exchange is attempting to incentivize that order flow.
Members may enter orders in each of the QCC, Solicited Order,
Facilitation, and Price Improvement Mechanisms with a contra order that
has been solicited from another party. Currently, however, only QCC
orders and orders executed in the Solicited Order Mechanism qualify for
the rebate. The Exchange believes that it is more equitable to provide
rebates to all solicited Crossing Orders, regardless of the crossing
mechanism in which they are executed.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f.
\6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
The Exchange notes that it has determined to charge fees and
provide rebates in Mini Options at a rate that is 1/10th the rate of
fees and rebates the Exchange provides for trading in Standard Options.
The Exchange believes it is reasonable and equitable and not unfairly
discriminatory to assess lower fees and rebates to provide market
participants an incentive to trade Mini Options on the Exchange. The
Exchange believes the proposed fees are reasonable and equitable in
light of the fact that Mini Options have a smaller exercise and
assignment value, specifically 1/10th that of a standard option
contract, and, as such, is providing fees for Mini Options that are 1/
10th of those applicable to Standard Options.
B. Self-Regulatory Organization's Statement on Burden on Competition
In accordance with Section 6(b)(8) of the Act,\7\ 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. To the contrary,
the Exchange believes that the proposed rule change is pro-competitive
as it is designed to attract additional order flow to the ISE's Price
Improvement Mechanism and the Facilitation Mechanism. 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 to remain competitive with other exchanges. For the
reasons described above, the Exchange believes that the proposed fee
changes reflect this competitive environment.
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\7\ 15 U.S.C. 78f(b)(8).
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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 \8\ and subparagraph (f)(2) of Rule 19b-4
thereunder,\9\ because it establishes a due, fee, or other charge
imposed by ISE.
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\8\ 15 U.S.C. 78s(b)(3)(A)(ii).
\9\ 17 CFR 240.19b-4(f)(2).
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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:
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 No. SR-ISE-2014-14 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-ISE-2014-14. 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
[[Page 15172]]
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 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-2014-14 and should be
submitted by April 8, 2014.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Kevin M. O'Neill,
Deputy Secretary.
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\10\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2014-05873 Filed 3-17-14; 8:45 am]
BILLING CODE 8011-01-P