[Federal Register Volume 75, Number 92 (Thursday, May 13, 2010)]
[Notices]
[Pages 27033-27034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11399]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62053; File No. SR-ISE-2010-35]


Self-Regulatory Organizations; International Securities Exchange, 
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule 
Change To Adopt a Fee Waiver for Its PrecISE Terminals

May 6, 2010.
    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 April 26, 2010, 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 adopting a 
fee waiver. The text of the proposed rule change is available on the 
Exchange's Web site (http://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 adopt a limited fee 
waiver for PrecISE Trade[supreg] (``PrecISE''), the Exchange's 
proprietary front-end order routing terminal used by Electronic Access 
Members (``EAM'') and sponsored customers \3\ of an EAM to send order 
flow to ISE. The Exchange currently charges $350 per user per month for 
the first 10 users of an EAM and $100 per user per month for all 
subsequent users. The Exchange also has a PrecISE sponsored customer 
fee of $350 per sponsored customer per month for the first 10 users and 
$100 per sponsored customer per month for all subsequent users.
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    \3\ A ``Sponsored Customer'' is a non-Member of the Exchange 
that trades under a sponsoring Member's execution and clearing 
identity, pursuant to ISE Rule 706, Supplementary Material .01.
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    In order to give new users time to become familiar and fully 
acclimated with all of the functionality that PrecISE offers, we 
proposes [sic] to adopt a fee waiver applicable to all new users of 
PrecISE. Specifically, we propose to waive our PrecISE fees for the 
first two months for all new EAM and sponsored customer users. The 
proposed fee waivers are based on ISE's billing period, which begins on 
the 16th of each month and ends on the 15th of the following month. So 
if a new user begins using a PrecISE Trade terminal on May 16th, that 
user's PrecISE fees would be waived from May 16-July 15, i.e., two 
billing periods. And if a new user begins using a PrecISE Trade 
terminal on May 18th, that user's PrecISE fees would similarly be 
waived from May 18-July 15.\4\
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    \4\ See e-mail from Samir Patel, Assistant General Counsel, ISE, 
to Richard Holley III, Senior Special Counsel, Division of Trading 
and Markets, Commission, dated May 3, 2010.
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    These proposed fee changes will be operative on May 3, 2010.
2. Statutory Basis
    The basis under the Securities Exchange Act of 1934 (the ``Exchange 
Act'') for this proposed rule change is the requirement under Section 
6(b)(4) that an exchange have an equitable

[[Page 27034]]

allocation of reasonable dues, fees and other charges among its members 
and other persons using its facilities. In particular, the proposed 
rule change will serve as an incentive for EAMs and their sponsored 
customers to use PrecISE as an additional trading tool on their trading 
desks.

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) of the Act \5\ and Rule 19b-4(f)(2) \6\ 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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    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 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 No. SR-ISE-2010-35 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy, 
Secretary, Securities and Exchange Commission, Station Place, 100 F 
Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-ISE-2010-35. 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 Web site viewing and 
printing in the Commission's Public Reference Room 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-
2010-35 and should be submitted by June 3, 2010.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-11399 Filed 5-12-10; 8:45 am]
BILLING CODE 8011-01-P