[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Notices]
[Pages 16848-16850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06600]


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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.
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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 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 (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 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.
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    \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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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.
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    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(4).
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    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 (http://www.sec.gov/rules/sro.shtml ); or
     Send an Email to [email protected]. 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 (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, 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