[Federal Register Volume 73, Number 193 (Friday, October 3, 2008)]
[Notices]
[Pages 57722-57723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23410]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58671; File No. SR-ISE-2008-71]


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

September 29, 2008.
    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 23, 2008, 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The ISE is proposing to amend its Schedule of Fees by (1) raising 
the fee for Firm Proprietary orders, and (2) adopting a sliding scale-
based fee credit for the Exchange's Electronic Access Members 
(``EAMs''). The text of the proposed rule change is available on the 
Exchange's Internet Web site at http://www.ise.com.

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

    (a) Purpose--The Exchange proposes to amend its Schedule of Fees by 
increasing the firm proprietary transaction fee charged to members, 
currently set at $0.18 per contract, to $0.20 per contract. In 
connection with the proposed increase to the firm proprietary 
transaction fee, the Exchange also proposes to adopt a sliding scale-
based fee credit for EAMs. Specifically, the Exchange proposes to 
create a sliding scale-based fee credit that rewards EAMs for the total 
amount of order flow sent to ISE, as follows (all volume figures are 
aggregate volume for a member per calendar month):
     For the first 500,000 contracts traded on the Exchange 
during a calendar month, EAMs will not receive any credit.
     For the next 2,500,000 contracts traded, EAMs will receive 
a credit of $0.005 per contract.
     For the next 1,000,000 contracts traded, EAMs will receive 
a credit of $0.01 per contract.
     Thereafter, EAMs will receive an incremental credit of 
$0.005 per contract per each 1,000,000 incremental contracts traded on 
the Exchange during a calendar month.
    The sliding scale will apply to all customer and firm proprietary 
orders in all products and will be calculated on a member firm 
basis,\3\ and will apply to non-discounted volume only, that is, it 
will not apply to orders previously discounted by other pricing 
incentives that currently appear on the Exchange's Schedule of Fees. 
Under the proposal, credits will be capped at 100% of transaction 
charges. The Exchange believes the proposed fee credits will benefit 
order flow providers who send substantial non-market maker order flow 
to ISE while providing an incentive to those that do not currently send 
their non-market maker order flow to ISE to do so.
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    \3\ If a member firm operates more than one EAM membership, the 
Exchange will aggregate the trading activity of firms for purposes 
of the sliding scale based on common ownership between firms as 
reflected on each firm's Form BD.
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    The proposed fee changes will be operative on October 1, 2008.
    (b) Basis--The Exchange believes that the proposed rule change is 
consistent with the objectives of Section 6(b) of the Act,\4\ in 
general, and furthers the objectives of Section 6(b)(4),\5\ 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. In particular, the proposed fee 
credit will allow the Exchange to compete more effectively with other 
options exchanges as it will serve as an incentive for order flow

[[Page 57723]]

providers to send their non-market maker flow to ISE.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 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 rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \6\ and Rule 19b-4(f)(2) \7\ thereunder. 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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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 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-2008-71 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-2008-71. 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 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-2008-71 and should be 
submitted on or before October 24, 2008.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-23410 Filed 10-2-08; 8:45 am]
BILLING CODE 8011-01-P