
[Federal Register: April 14, 2010 (Volume 75, Number 71)]
[Notices]               
[Page 19441-19443]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ap10-112]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61855; File No. SR-ISE-2010-26]

 
Self-Regulatory Organizations; International Securities Exchange, 
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule 
Change Related to Intermarket Sweep Orders

April 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 March 26, 2010, the International Securities Exchange, LLC (the 
``Exchange'' or the ``ISE'') filed with the Securities and Exchange 
Commission (the ``SEC'' or the ``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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[[Page 19442]]

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to adopt a fee and credit related to the 
execution of Intermarket Sweep Orders (``ISOs'') by Primary Market 
Makers (``PMMs'') on behalf of non-broker/dealer Professional 
Orders..[sic] 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 
fee and credit related to the execution of ISOs by PMMs on behalf of 
non-broker/dealer Professional Orders.\3\
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    \3\ Pursuant to ISE Rule 100(37C), a Professional Order is an 
order that is for that account of a person or entity that is not a 
Priority Customer. Pursuant to ISE Rule 100(37A), a Priority 
Customer is a person or entity that is not a broker or dealer in 
securities, and does not place more than 390 orders in listed 
options per day on average during a calendar month for its own 
beneficial account.
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    On August 31, 2009, the Exchange implemented the new Options Order 
Protection and Locked/Crossed Market Plan (``Distributive Linkage'') 
and the use of ISOs. Consistent with Distributive Linkage and pursuant 
to ISE rules, the Exchange's Primary Market Makers (``PMMs'') have an 
obligation to address customer \4\ orders when there is a better market 
displayed on another exchange. ISE's PMMs meet this obligation via the 
use of ISOs. In meeting their obligations, PMMs may incur fees when 
they send ISOs, especially when sending ISOs to exchanges that charge 
``taker'' fees. To minimize the PMM's financial burden and help offset 
such fees, the ISE amended its schedule of fees on October 1, 2009 to 
adopt a rebate for the PMM of $0.20 per contract on all ISO orders sent 
to an away exchange (regardless of the fee charged by the exchange 
where the ISO order sent away was executed).\5\
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    \4\ Pursuant to ISE Rule 1900(f) of the Distributive Linkage 
rules, a customer is an individual or organization that is not a 
broker-dealer.
    \5\ See Securities and Exchange Act Release No. 60791 (October 
5, 2009), 74 FR 52521 (October 13, 2009)(SR-ISE-2009-74).
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    The Exchange is now proposing to charge non-broker/dealer 
Professional Orders a fee of $0.45 per contract for executions that 
result from the PMM routing ISOs to away exchanges and to provide the 
PMM with a credit equal to the fee charged by the destination exchange 
for such non-broker/dealer Professional Orders, but not more than $0.45 
per contract. Charging non-broker/dealer Professional Orders a fee to 
offset the charges assessed to the PMM by other exchanges for 
``linkage'' executions is appropriate because the market professionals 
that are submitting non-broker/dealer Professional Orders can route 
directly to the away exchanges, if desired, and, therefore, should not 
be able to forgo the away market fee, at the expense of the PMM, by 
directing their orders to the ISE.\6\ The Exchange will continue to 
provide the existing $0.20 rebate to PMMs for Priority Customer 
Orders.\7\
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    \6\ The Chicago Board Options Exchange (``CBOE'') charges a 
comparable route-out fee for non-customer orders. See CBOE Fee 
Schedule, Item 20. See Securities Exchange Act Release No. 61701 
(March 12, 2010), 75 FR 13622 (March 22, 2010)(SR-CBOE-2010-022).
    \7\ See note 3.
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    The proposed fee changes will become operative on April 1, 2010.
    (2) Basis--The basis under the Securities Exchange Act of 1934 (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, the proposed fee change will more 
effectively offset fees incurred by PMMs when they send ISOs to away 
markets.

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 No. SR-ISE-2010-26 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-2010-26. 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 Commissions 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 website viewing and printing in 
the Commission's Public

[[Page 19443]]

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 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-2010-26 and should be submitted by 
May 5, 2010.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-8537 Filed 4-13-10; 8:45 am]
BILLING CODE 8011-01-P

