[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Notices]
[Pages 32531-32532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13664]



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SECURITIES AND EXCHANGE COMMISSION



[Release No. 34-62195; File No. SR-ISE-2010-46]




Self-Regulatory Organizations; International Securities Exchange, 

LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule 

Change Relating to Fee Changes



May 28, 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 May 18, 2010, 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, 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 Exchange is proposing to amend its Schedule of Fees. The text 

of the proposed rule change is available on the Exchange's Web site at 

http://www.ise.com, at the principal office of the Exchange, on the 

Commission's Web site at http://www.sec.gov, 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



    (a) Purpose--The Exchange currently identifies on its Schedule of 

Fees certain ETF products whose options are listed only on ISE and for 

which the Exchange charges a fee of $0.18 per contract for customer 

transactions. Currently, the First Trust ISE Water ETF (``FIW''), the 

Claymore China Technology ETF (``CQQQ''), the ProShares UltraPro Short 

Dow30 (``SDOW''), the ProShares UltraPro Dow30 (``UDOW''), the 

ProShares UltraPro Short MidCap400 (``SMDD''), the ProShares UltraPro 

MidCap400 (``UMDD''), the ProShares UltraPro Short Russell2000 

(``SRTY''), the ProShares UltraPro Russell2000 (``URTY''), the First 

Trust ISE Global Copper Index Fund (``CU'') and the First Trust ISE 

Global Platinum Index Fund (``PLTM'') are the only such ETFs listed on 

the Exchange's fee schedule. On May 18, 2010, ISE began listing options 

on the First Trust Amex Biotechnology Index Fund (``FBT''), the First 

Trust Financials AlphaDEX Fund (``FXO'') and the First Trust NASDAQ 100 

Weighted Index Fund (``QQEW''). As of the date of this filing, FBT, FXO 

and QQEW are singly listed on ISE. The Exchange therefore proposes to 

charge a fee of $0.18 per contract for customer transactions in options 

on FBT, FXO and QQEW. The Exchange also proposes to charge a Payment 

for Order Flow fee for transactions in options on these products.

    (b) Basis--The Exchange believes that the proposed rule change is 

consistent with the objectives of Section 6 of the Act,\3\ in general, 

and furthers the objectives of Section 6(b)(4),\4\ 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.

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    \3\ 15 U.S.C. 78f.

    \4\ 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) of



[[Page 32532]]



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 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-2010-46 on the subject line.



Paper Comments



     Send paper comments in triplicate to Elizabeth M. Murphy, 

Secretary, Securities and Exchange Commission, 100 F Street, NE., 

Washington, DC 20549-1090.



    All submissions should refer to File Number SR-ISE-2010-46. 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 Section, 100 

F Street, NE., Washington, DC 20549-1090 on official business days 

between the hours of 10 a.m. and 3 p.m. Copies of the filing will also 

be available for inspection and copying at ISE's principal office and 

on its Internet Web site at http://www.ise.com. 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-2010-46 and should be submitted on 

or before June 29, 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. 2010-13664 Filed 6-7-10; 8:45 am]

BILLING CODE 8010-01-P