[Federal Register Volume 73, Number 54 (Wednesday, March 19, 2008)]
[Notices]
[Pages 14863-14864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5519]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57488; File No. SR-ISE-2008-26]


Self-Regulatory Organizations; International Securities Exchange, 
LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule 
Change Relating to Fee Changes

March 13, 2008.
    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 10, 2008, the International Securities Exchange, LLC (``ISE'' 
or ``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been substantially prepared by the 
Exchange. The Exchange designated this proposal as one establishing or 
changing a due, fee, or other charge imposed by ISE under Section 
19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ 
which renders the proposal effective upon filing with the Commission. 
The Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    ISE proposes to amend its Schedule of Fees by adding to and 
subtracting from its list of Premium Products.\5\ The text of the 
proposed rule change is available at the Exchange, the Commission's 
Public Reference Room, and http://www.ise.com.
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    \5\ ``Premium Products'' is defined in the Schedule of Fees as 
the products enumerated therein.
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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. ISE has substantially prepared summaries, set forth in 
Sections A, B, and C below, of the most significant aspects of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange is proposing to amend its Schedule of Fees to 
establish fees for transactions in options on the UltraShort Oil & Gas 
ProShares (``DUG''),\6\ UltraShort Dow30 ProShares (``DXD''),\7\ and 
PowerShares DB Agriculture Fund (``DBA'').\8\ The

[[Page 14864]]

Exchange represents that DUG, DXD and DBA are eligible for options 
trading because they constitute ``Exchange-Traded Fund Shares,'' as 
defined by ISE Rule 502(h).
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    \6\ ``Dow Jones'' and ``Dow Jones U.S. Oil & GasSM'' 
are service marks of Dow Jones & Company, Inc. (``Dow Jones'') and 
has been licensed for use for certain purposes by ProFunds Trust. 
All other trademarks and service marks are the property of their 
respective owners. DUG is not sponsored, endorsed, issued, sold or 
promoted by Dow Jones. Dow Jones has not licensed or authorized ISE 
to: (i) Engage in the creation, listing, provision of a market for 
trading, marketing, and promotion of options on DUG; or (ii) to use 
and refer to any of their trademarks or service marks in connection 
with the listing, provision of a market for trading, marketing, and 
promotion of options on DUG or with making disclosures concerning 
options on DUG under any applicable federal or State laws, rules or 
regulations. Dow Jones does not sponsor, endorse, or promote such 
activity by ISE and is not affiliated in any manner with ISE.
    \7\ ``The Dow 30SM,'' ``Dow Jones Industrial 
Average,'' and ``DJIA,'' are service marks of Dow Jones, and have 
been licensed for use for certain purposes by ProFunds Trust. All 
other trademarks and service marks are the property of their 
respective owners. DXD is not sponsored, endorsed, issued, sold or 
promoted by Dow Jones. Dow Jones has not licensed or authorized ISE 
to: (i) Engage in the creation, listing, provision of a market for 
trading, marketing, and promotion of options on DUG; or (ii) to use 
and refer to any of their trademarks or service marks in connection 
with the listing, provision of a market for trading, marketing, and 
promotion of options on DUG or with making disclosures concerning 
options on DUG under any applicable federal or State laws, rules or 
regulations. Dow Jones does not sponsor, endorse, or promote such 
activity by ISE and is not affiliated in any manner with ISE.
    \8\ DBA is based on the Deutsche Bank Liquid Commodity Index--
Optimum Yield Agriculture Excess Return\TM\ and managed by DB 
Commodity Services LLC. DBLCI\TM\ and Deutsche Bank Liquid Commodity 
Index\TM\ are trademarks of Deutsche Bank AG, London (``DB AG''). 
PowerShares[reg] is a registered service mark of PowerShares Capital 
Management LLC (``PowerShares''). DBA is not sponsored, endorsed, 
sold or promoted by DB AG, and DB AG makes no representation 
regarding the advisability of investing in DBA. Neither DB AG nor 
PowerShares has licensed or authorized ISE to: (i) Engage in the 
creation, listing, provision of a market for trading, marketing, and 
promotion of options on DBA; or (ii) to use and refer to any of 
their trademarks or service marks in connection with the listing, 
provision of a market for trading, marketing, and promotion of 
options on DBA or with making disclosures concerning options on DBA 
under any applicable federal or state laws, rules or regulations. DB 
AG and PowerShares do not sponsor, endorse, or promote such activity 
by ISE and are not affiliated in any manner with ISE.
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    All of the applicable fees covered by this filing are identical to 
fees charged by the Exchange for all other Premium Products. 
Specifically, the Exchange is proposing to adopt an execution fee and a 
comparison fee for all transactions in options on DUG, DXD and DBA.\9\ 
The amount of the execution fee and comparison fee for products covered 
by this filing shall be $0.15 and $0.03 per contract, respectively, for 
all Public Customer Orders \10\ and Firm Proprietary orders. The amount 
of the execution fee and comparison fee for all ISE Market Maker 
transactions shall be equal to the execution fee and comparison fee 
currently charged by the Exchange for ISE Market Maker transactions in 
equity options.\11\ Finally, the amount of the execution fee and 
comparison fee for all non-ISE Market Maker transactions shall be $0.37 
and $0.03 per contract, respectively.\12\ Further, since options on 
DUG, DXD and DBA are multiply-listed, the Exchange's Payment for Order 
Flow fee shall apply to all these products. The Exchange believes the 
proposed rule change will further the Exchange's goal of introducing 
new products to the marketplace that are competitively priced.
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    \9\ These fees will be charged only to Exchange members. Under a 
pilot program that is set to expire on July 31, 2008, these fees 
will also be charged to Linkage Principal Orders (``Linkage P 
Orders'') and Linkage Principal Acting as Agent Orders (``Linkage P/
A Orders''). The amount of the execution fee charged by the Exchange 
for Linkage P Orders and Linkage P/A Orders is $0.24 per contract 
side and $0.15 per contract side, respectively. See Securities 
Exchange Act Release No. 56128 (July 24, 2007), 72 FR 42161 (August 
1, 2007) (SR-ISE-2007-55).
    \10\ Public Customer Order is defined in ISE Rule 100(a)(39) as 
an order for the account of a Public Customer. Public Customer is 
defined in ISE Rule 100(a)(38) as a person that is not a broker or 
dealer in securities.
    \11\ The execution fee is currently between $.21 and $.12 per 
contract side, depending on the Exchange Average Daily Volume, and 
the comparison fee is currently $.03 per contract side.
    \12\ The amount of the execution and comparison fee for non-ISE 
Market Maker transactions executed in the Exchange's Facilitation 
and Solicitation Mechanisms is $0.16 and $0.03 per contract, 
respectively.
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    Further, as a matter of housekeeping, the Exchange proposes to 
remove from its Schedule of Fees options on Regional Bank HOLDRS (RKH) 
and Enterra Energy Trust (ENT).\13\
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    \13\ These Premium Products were recently delisted and no longer 
trade on the Exchange. The Exchange therefore proposes to remove 
them from its Schedule of Fees.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act \14\ in general, and Section 6(b)(4) of 
the Act \15\ in particular, because 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.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(4).
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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 proposed rule change has been designated as a fee 
change pursuant to Section 19(b)(3)(A)(ii) of the Act \16\ and Rule 
19b-4(f)(2) \17\ thereunder, because it establishes or changes a due, 
fee, or other charge imposed by the Exchange. Accordingly, the proposal 
took effect upon filing with the Commission. At any time within 60 days 
of the filing of such proposed rule change the Commission may summarily 
abrogate 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.
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    \16\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \17\ 17 CFR 240.19b-4(f)(2).
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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 (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to [email protected]. Please include 
File Number SR-ISE-2008-26 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-ISE-2008-26. This file 
number should be included on the subject line if e-mail is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for inspection and 
copying in the Commission's Public Reference Room, 100 F Street, NE., 
Washington, DC 20549, on official business days between the hours of 10 
a.m. and 3 p.m. Copies of 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-ISE-2008-26 and should be 
submitted on or before April 9, 2008.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-5519 Filed 3-18-08; 8:45 am]
BILLING CODE 8011-01-P