Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of Fees, 16848-16850 [2014-06600]
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16848
Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Notices
proposed market wide parameter will
protect ISE Gemini and ISE market
makers from inadvertent exposure to
excessive risk across both markets.
Reducing such risk will enable market
makers to enter quotations without any
fear of inadvertent exposure to excessive
risk, which in turn will benefit investors
through increased liquidity for the
execution of their orders. Such
increased liquidity benefits investors
because they receive better prices and
because it lowers volatility in the
options market.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The proposed rule change does not
impose any burden on competition. The
proposed rule change is meant to
protect market makers from inadvertent
exposure to excessive risk when trading
on both ISE Gemini and ISE.
Accordingly, the proposed rule change
will have no impact on competition.
Market makers are not required to use
the proposed functionality and may use
their own risk-management systems and
can enter out-of-range values so that the
Exchange-provided parameters will not
be triggered. Accordingly, the proposal
does not require members to manage
their risk using an Exchange-provided
tool.
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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
Within 45 days of the publication date
of this notice in the Federal Register or
within such longer period up to 90 days
(i) as the Commission may designate if
it finds such longer period to be
appropriate and publishes its reasons
for so finding or (ii) as to which the selfregulatory organization consents, the
Commission will:
(A) By order approve or disapprove
such proposed rule change; or
(B) institute proceedings to determine
whether the proposed rule change
should be disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
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change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–71760; File No. SR–ISE–
2014–16]
• 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–
ISEGemini–2014–09 on the subject line.
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change To Amend the Schedule of
Fees
Paper Comments
March 20, 2014.
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–ISEGemini-2014–09. 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 inspection and copying in
the Commission’s Public Reference
Room, 100 F Street NE., Washington, DC
20549–1090, 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–ISEGemini–2014–09, and
should be submitted on or before April
16, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–06598 Filed 3–25–14; 8:45 am]
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 6,
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 waive DTR approval
fees charged to affiliated CMMs. 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 this proposed rule
change is to amend the Schedule of Fees
to waive the Designated Trading
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U.S.C. 78s(b)(1).
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Representative (‘‘DTR’’) 3 approval fees
charged to affiliated Competitive Market
Makers (‘‘CMMs’’). On December 23,
2013 the Exchange filed an immediately
effective rule change that waived
application fees for CMM applicants
that share common ownership with
another CMM, and adopted an
incremental annual regulatory fee for
such affiliated CMMs.4 The purpose of
that rule change was to encourage
current CMMs to register additional
broker dealer entities as necessary to act
as Alternative Primary Market Makers
(‘‘Alternative PMMs’’) for options
products that have not been allocated to
a willing Primary Market Maker
(‘‘PMM’’).5 Under the Alternative PMM
program the ISE may list options that
are not supported by a PMM by offering
such allocations to appropriately
qualified CMMs that will have all of the
responsibilities and privileges of a PMM
under ISE Rules with respect to
appointed options classes.6 The
Exchange now proposes to further
decrease ‘‘start-up’’ costs associated
with the Alternative PMM program by
waiving DTR approval fees for DTRs
that are already registered with an
affiliated CMM. The ISE charges a onetime approval fee of $500 for each DTR
associated with a market maker.
Currently each CMM must pay to
register its DTRs, regardless of whether
those DTRs are already registered with
an affiliated broker dealer entity. This
fee thus increases start-up costs for
CMMs that desire Alternative PMM
appointments, as these CMMs may need
to house those appointments in a
separate broker dealer entity due to
capital and other business
requirements.7 The Exchange therefore
proposes to waive DTR approval fees for
affiliated CMMs that share at least 75%
common ownership as reflected on each
firm’s Form BD, Schedule A. In order to
qualify for this waiver the DTR must
already be registered as a DTR for an
affiliated CMM. This will ensure that
3 DTRs may be: (i) Individual Members registered
with the Exchange as market makers, or (ii) officers,
partners, employees or associated persons of
Members that are registered with the Exchange as
market makers. See Rule 801(b)(1). Market maker
quotations and orders may be submitted to the
Exchange’s System only by DTRs. A DTR is
permitted to enter quotes and orders only for the
account of the market maker with which the DTR
is associated. See Rule 801(a).
4 See Exchange Act Release No. 71213 (December
31, 2013), 79 FR 863 (January 7, 2014) (SR–ISE–
2013–70).
5 PMM allocations are voluntary and require the
consent of the PMM being allocated the options
class. See ISE Rule 802.
6 See Exchange Act Release No. 59250 (January
14, 2009), 74 FR 4062 (January 22, 2009) (SR–ISE–
2008–90).
7 See supra note 2.
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CMMs will only have to pay once to
register their DTRs across affiliated
CMM memberships, and will encourage
current CMMs to participate in the
Alternative PMM program. The
Exchange believes that this waiver is
appropriate since the incremental cost
associated with processing the new DTR
approval is negligible for traders that
have already registered with an
affiliated broker dealer entity.
2. Basis
The Exchange believes that the
proposed rule change is consistent with
the provisions of Section 6 of the Act,8
in general, and Section 6(b)(4) of the
Act,9 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 and equitable to waive the
DTR approval fees for traders already
associated with an affiliated CMM due
to the negligible cost of processing these
approvals. This waiver will allow
affiliated CMMs to become members
without incurring additional ‘‘start-up’’
fees that do not reflect the limited
resources expended by the ISE, and will
thereby encourage current CMMs to
register additional affiliated CMMs as
necessary to act as Alternative PMMs.
The Exchange does not believe that it is
unfairly discriminatory to apply the
proposed fee waiver only to CMMs. As
explained above, these fee changes are
being proposed in order to encourage
CMMs to seek Alternative PMM
appointments. The Exchange believes
that reducing these costs for affiliated
CMMs will encourage more CMMs to
register additional affiliated broker
dealers as CMMs in order to quote
options classes as Alternative PMMs.
Greater participation in the Alternative
PMM program will benefit all market
participants that trade on the Exchange
as it will allow the ISE to list additional
options products, which will be
supported by the Alternative PMMs.
Alternative PMMs have all the
responsibilities of regular PMMs,
including, among other things,
conducting the opening rotation on a
daily basis and providing continuous
quotations in appointed options classes.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
In accordance with Section 6(b)(8) of
the Act,10 the Exchange does not believe
that the proposed rule change will
U.S.C. 78f.
U.S.C. 78f(b)(4).
10 15 U.S.C. 78f(b)(8).
impose any burden on intermarket or
intramarket competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
proposed rule change should have little
competitive impact as it merely aligns
the DTR approval fees for affiliated
CMMs with the cost of processing DTR
registrations. While the proposed rule
change only applies to CMMs, the
Exchange does not believe that this will
impose a significant burden on
competition as all market participants
that trade on the Exchange will benefit
from the resulting allocation of options
classes to Alternative PMMs. 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.
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 and
subparagraph (f)(2) of Rule 19b–4
thereunder,12 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
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U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f)(2).
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Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Notices
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:
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Notice of Filing of Proposed Rule
Change Related to Market Maker Risk
Parameters
• 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–
2014–16 on the subject line.
Paper Comments
sroberts on DSK5SPTVN1PROD with NOTICES
• 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–2014–16. 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 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–
2014–16 and should be submitted by
April 16,2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–06600 Filed 3–25–14; 8:45 am]
[Release No. 34–71759; File No. SR–ISE–
2014–09]
March 20, 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 10,
2014, the International Securities
Exchange, LLC (the ‘‘Exchange’’ or the
‘‘ISE’’) 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 proposes to amend its
rules to mitigate market maker risk by
adopting an Exchange-provided risk
management functionality. The text of
the proposed rule change is available on
the Exchange’s Web site www.ise.com,
at the principal office of the Exchange,
and at the Commission’s Public
Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of, and basis for,
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
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
Pursuant to ISE Rules 722 and 804,
the Exchange automatically removes a
market maker’s quotes in all series of an
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CFR 240.19b–4.
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options class when certain parameter
settings are triggered. Specifically, there
are four parameters that can be set by
market makers on a class-by-class basis.
These parameters are available for
market maker quotes in single options
series and for market maker quotes in
complex instruments on the complex
order book. Market makers establish a
time frame during which the system
calculates: (1) The number of contracts
executed by the market maker in an
options class; (2) the percentage of the
total size of the market maker’s quotes
in the class that has been executed; (3)
the absolute value of the net between
contracts bought and contracts sold in
an options class, and (4) the absolute
value of the net between (a) calls
purchased plus puts sold, and (b) calls
sold plus puts purchased. The market
maker establishes limits for each of
these four parameters, and when the
limits are exceeded within the
prescribed time frame, the market
maker’s quotes in that class are removed
or curtailed.3 The Exchange also
recently adopted another risk
management parameter that allows
market maker quotes to be removed
from the trading system if a specified
number of curtailment events occur
across the ISE market. If the specified
number of curtailment events is
exceeded within the prescribed time
period, the market maker’s quotes in all
classes in which it makes a market are
automatically removed from the trading
system.4 It is mandatory for market
makers to enter values into all of these
quotation risk management parameters
for all options classes in which it enters
quotes.
The Exchange now proposes to
further enhance its risk management
offering for market maker quotes.
Specifically, the Exchange proposes to
implement functionality to allow market
maker quotes to be removed from the
trading system if a specified number of
curtailment events occur across ISE and
ISE Gemini, LLC (‘‘ISE Gemini’’).5 The
Exchange notes that a single trading
system governs the trading activity on
ISE and ISE Gemini.6
3 See Securities Exchange Act Release No. 70132
(August 7, 2013), 78 FR 49311 (August 13, 2013)
(SR–ISE–2013–38).
4 See Securities Exchange Act Release No. 71446
(January 30, 2014), 79 FR 6951 (February 5, 2014)
(SR–ISE–2014–04).
5 ISE Gemini recently changed its name from
Topaz Exchange, LLC to ISE Gemini, LLC. See
Exchange Act Release No. 71586 (February 20,
2014), 79 FR 10861 (February 26, 2014) (SR–Topaz–
2014–06).
6 See Exchange Act Release No. 70050 (July 26,
2013), 78 FR 46622 (August 1, 2013) (In the Matter
of the Application of Topaz Exchange, LLC for
Registration as a National Securities Exchange).
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Agencies
[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Notices]
[Pages 16848-16850]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06600]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-71760; File No. SR-ISE-2014-16]
Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Amend the Schedule of Fees
March 20, 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 6, 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 waive DTR
approval fees charged to affiliated CMMs. 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 this proposed rule change is to amend the Schedule
of Fees to waive the Designated Trading
[[Page 16849]]
Representative (``DTR'') \3\ approval fees charged to affiliated
Competitive Market Makers (``CMMs''). On December 23, 2013 the Exchange
filed an immediately effective rule change that waived application fees
for CMM applicants that share common ownership with another CMM, and
adopted an incremental annual regulatory fee for such affiliated
CMMs.\4\ The purpose of that rule change was to encourage current CMMs
to register additional broker dealer entities as necessary to act as
Alternative Primary Market Makers (``Alternative PMMs'') for options
products that have not been allocated to a willing Primary Market Maker
(``PMM'').\5\ Under the Alternative PMM program the ISE may list
options that are not supported by a PMM by offering such allocations to
appropriately qualified CMMs that will have all of the responsibilities
and privileges of a PMM under ISE Rules with respect to appointed
options classes.\6\ The Exchange now proposes to further decrease
``start-up'' costs associated with the Alternative PMM program by
waiving DTR approval fees for DTRs that are already registered with an
affiliated CMM. The ISE charges a one-time approval fee of $500 for
each DTR associated with a market maker. Currently each CMM must pay to
register its DTRs, regardless of whether those DTRs are already
registered with an affiliated broker dealer entity. This fee thus
increases start-up costs for CMMs that desire Alternative PMM
appointments, as these CMMs may need to house those appointments in a
separate broker dealer entity due to capital and other business
requirements.\7\ The Exchange therefore proposes to waive DTR approval
fees for affiliated CMMs that share at least 75% common ownership as
reflected on each firm's Form BD, Schedule A. In order to qualify for
this waiver the DTR must already be registered as a DTR for an
affiliated CMM. This will ensure that CMMs will only have to pay once
to register their DTRs across affiliated CMM memberships, and will
encourage current CMMs to participate in the Alternative PMM program.
The Exchange believes that this waiver is appropriate since the
incremental cost associated with processing the new DTR approval is
negligible for traders that have already registered with an affiliated
broker dealer entity.
---------------------------------------------------------------------------
\3\ DTRs may be: (i) Individual Members registered with the
Exchange as market makers, or (ii) officers, partners, employees or
associated persons of Members that are registered with the Exchange
as market makers. See Rule 801(b)(1). Market maker quotations and
orders may be submitted to the Exchange's System only by DTRs. A DTR
is permitted to enter quotes and orders only for the account of the
market maker with which the DTR is associated. See Rule 801(a).
\4\ See Exchange Act Release No. 71213 (December 31, 2013), 79
FR 863 (January 7, 2014) (SR-ISE-2013-70).
\5\ PMM allocations are voluntary and require the consent of the
PMM being allocated the options class. See ISE Rule 802.
\6\ See Exchange Act Release No. 59250 (January 14, 2009), 74 FR
4062 (January 22, 2009) (SR-ISE-2008-90).
\7\ See supra note 2.
---------------------------------------------------------------------------
2. Basis
The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\8\ in general, and Section
6(b)(4) of the Act,\9\ 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.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f.
\9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
The Exchange believes that it is reasonable and equitable to waive
the DTR approval fees for traders already associated with an affiliated
CMM due to the negligible cost of processing these approvals. This
waiver will allow affiliated CMMs to become members without incurring
additional ``start-up'' fees that do not reflect the limited resources
expended by the ISE, and will thereby encourage current CMMs to
register additional affiliated CMMs as necessary to act as Alternative
PMMs. The Exchange does not believe that it is unfairly discriminatory
to apply the proposed fee waiver only to CMMs. As explained above,
these fee changes are being proposed in order to encourage CMMs to seek
Alternative PMM appointments. The Exchange believes that reducing these
costs for affiliated CMMs will encourage more CMMs to register
additional affiliated broker dealers as CMMs in order to quote options
classes as Alternative PMMs. Greater participation in the Alternative
PMM program will benefit all market participants that trade on the
Exchange as it will allow the ISE to list additional options products,
which will be supported by the Alternative PMMs. Alternative PMMs have
all the responsibilities of regular PMMs, including, among other
things, conducting the opening rotation on a daily basis and providing
continuous quotations in appointed options classes.
B. Self-Regulatory Organization's Statement on Burden on Competition
In accordance with Section 6(b)(8) of the Act,\10\ the Exchange
does not believe that the proposed rule change will impose any burden
on intermarket or intramarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
rule change should have little competitive impact as it merely aligns
the DTR approval fees for affiliated CMMs with the cost of processing
DTR registrations. While the proposed rule change only applies to CMMs,
the Exchange does not believe that this will impose a significant
burden on competition as all market participants that trade on the
Exchange will benefit from the resulting allocation of options classes
to Alternative PMMs. 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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\10\ 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 \11\ and subparagraph (f)(2) of Rule 19b-4
thereunder,\12\ because it establishes a due, fee, or other charge
imposed by ISE.
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\11\ 15 U.S.C. 78s(b)(3)(A)(ii).
\12\ 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
[[Page 16850]]
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-2014-16 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-2014-16. 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 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-2014-16 and should be submitted by
April 16, 2014.
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\13\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-06600 Filed 3-25-14; 8:45 am]
BILLING CODE 8011-01-P