
[Federal Register: October 3, 2008 (Volume 73, Number 193)]
[Notices]               
[Page 57719-57720]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03oc08-118]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58676; File No. SR-ISE-2008-69]

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

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 22, 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 with respect to 
transactions executed in securities reported to Tape B. 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

1. Purpose
    On July 1, 2008, the Exchange adopted a fee structure for 
transactions in securities priced at or above $1.00 that are reported 
to Tape B (hereinafter, referred to as Tape B securities) (excluding 
both order delivery and MidPoint Match orders) whereby the maker 
receives a per share rebate of $0.0017 and the taker fee is $0.0015 on 
all Tape B shares.\3\ For transactions in securities priced at or above 
$1.00 that are reported to Tape A and Tape C (hereinafter referred to 
as Tape A and Tape C securities), the Exchange applies a tiered rebate 
structure, averaged across an entire month, whereby the first five 
million maker shares executed on an average daily volume (ADV) basis 
receive a rebate of $0.0032 per share, with an increase in the rebate 
to $0.0035 for each maker share executed above five million ADV.
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    \3\ See Securities and Exchange Commission Release No. 58147 
(July 11, 2008); 73 FR 41389 (July 18, 2008) (SR-ISE-2008-53) [sic].
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    For order delivery orders in securities priced at or above $1.00, 
the Exchange provides a rebate of $0.0015 for maker shares executed in 
Tape B securities and a rebate of $0.0027 for maker shares executed in 
Tape A and Tape C securities. The Exchange is proposing to amend the 
equity fee schedule to apply equity fees consistently across all

[[Page 57720]]

securities, regardless of which Tape they are reported to. The Exchange 
is proposing to implement these fee changes on October 1, 2008. 
Specifically, the Exchange proposes to implement a tiered rebate 
structure for securities priced at or above $1.00 across all Tapes, 
averaged across an entire month, where the first five million maker 
shares executed on an average daily volume (ADV) basis receive a rebate 
of $0.0032 per share, with an increase in the rebate to $0.0035 for 
each maker share executed above five million ADV. Additionally, the 
Exchange proposes to reinstate a single taker fee for securities priced 
at or above $1.00 of $0.0030 for executions on all securities, 
regardless of which Tape they are reported to.
    For shares executed on an order delivery basis in securities priced 
at or above $1.00, the Exchange proposes to rebate $0.0027 for all 
maker shares executed, regardless of which Tape they are reported to.
    The execution fee for equities priced under $1.00, regardless of 
which tape they are reported to, is 0.3% of trade value with no rebates 
for adding liquidity.
    For the avoidance of doubt, the Exchange proposes to add a note to 
the fee schedule stating that fees are based on ADV per member, per 
month.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the objectives of Section 6 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.
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    \4\ 15 U.S.C. 78f.
    \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) 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 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 rule-comments@sec.gov. Please include 
File Number SR-ISE-2008-69 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-2008-69. 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 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-
2008-69 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. E8-23364 Filed 10-2-08; 8:45 am]

BILLING CODE 8011-01-P
