
[Federal Register: July 24, 2009 (Volume 74, Number 141)]
[Notices]               
[Page 36802-36803]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jy09-154]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60334; File No. SR-ISE-2009-47]

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

July 17, 2009.
    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 July 1, 2009, 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. 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 the rule change is to charge the same execution fees 
for all customer orders, i.e., for all orders that are not for the 
account of a broker-dealer. Currently, there are two sub-

[[Page 36803]]

categories of customer orders for which the Exchange charges broker-
dealer execution fees: Voluntary Professional orders; \3\ and 
Professional Orders.\4\ Each of these order categories is also treated 
the same as broker-dealer orders for the purposes of specified Exchange 
execution priority rules. The ISE currently is the only market center 
that has these order categories for non-broker-dealer orders, and 
charging broker-dealer execution fees makes it more costly to execute 
these orders on the ISE as compared to the other options exchanges. 
Therefore, in order to remain competitive, the Exchange proposes to 
amend its fee schedule \5\ and rules \6\ so that all non-broker-dealer 
orders are subject to the same execution fee. This fee change will 
effectively result in a fee decrease for the execution of these 
orders.\7\
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    \3\ Voluntary Professional orders are orders for a customer that 
has elected to be treated in the same manner as a broker-dealer in 
securities for purposes of specified execution priority rules and 
with respect to the ISE fee schedule. ISE Rule 100(a)(37A).
    \4\ Earlier this year the SEC approved an ISE rule change to 
distinguish between priority customers and professional customers 
for purposes of specified execution priority rules and with respect 
to the ISE fee schedule. Securities Exchange Act Release No. 59287 
(Jan. 23, 2009), 74 FR 5694 (Jan. 30, 2009) (``Professional Order 
Filing''). Professional Orders are orders for the account of a non-
broker-dealer that enters more than 390 orders per day on average 
during a month during a calendar quarter. To assure member firms are 
given sufficient time to implement any necessary systems changes, 
this rule change is being implemented in two stages: (1) Members are 
required to start measuring the number of orders their customers 
enter on average per day during the third quarter 2009; and (2) 
members are required to start identifying professional customer 
orders entered on the ISE at the beginning of the fourth quarter 
2009.
    \5\ The Exchange adopted definitional changes to its fee 
schedule that resulted in Professional Orders being charged the same 
fees as broker-dealer orders. However, because the rule change is 
being phased-in, and to avoid confusion in the interim, the ISE fee 
schedule posted on the Exchange's Web site does not yet reflect 
these definitional changes.
    \6\ The imposition of broker-dealer fees is imbedded in the 
definition of a Voluntary Professional rather than being separately 
identified on the ISE fee schedule. Therefore, the Exchange proposes 
to modify the definition of Voluntary Professional in order to 
accomplish the fee change.
    \7\ The Exchange notes that Voluntary Professional orders and 
Professional Orders currently are not subject to the Exchange's 
cancellation fee. The Exchange is not proposing to change this 
aspect of the fee schedule. Such orders will not be subject to the 
cancellation fee.
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2. Statutory Basis
    The basis under the Act for this proposed rule change is the 
requirement under Section 6(b)(4) that an exchange have an equitable 
allocation of reasonable dues, fees and other charges among its members 
and other persons using its facilities. In particular, this proposed 
rule change would lower fees for the execution of Voluntary 
Professional orders and Professional Orders.

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 \8\ and Rule 19b-4(f)(2) \9\ 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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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 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-2009-47 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-2009-47. 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 the 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-2009-47 and 
should be submitted on or before August 14, 2009.
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    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-17635 Filed 7-23-09; 8:45 am]

BILLING CODE 8010-01-P
