80_FR_11294 80 FR 11254 - Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Fee Schedule Under Exchange Rule 7018(a) and (e) With Respect to Transactions in Securities Priced at $1 per Share or More

80 FR 11254 - Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Fee Schedule Under Exchange Rule 7018(a) and (e) With Respect to Transactions in Securities Priced at $1 per Share or More

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 40 (March 2, 2015)

Page Range11254-11256
FR Document2015-04189

Federal Register, Volume 80 Issue 40 (Monday, March 2, 2015)
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Notices]
[Pages 11254-11256]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04189]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74363; File No. SR-BX-2015-013]


Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Amend the 
Fee Schedule Under Exchange Rule 7018(a) and (e) With Respect to 
Transactions in Securities Priced at $1 per Share or More

February 24, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on February 11, 2015, NASDAQ OMX BX, Inc. (``BX'' or ``Exchange'') 
filed with the Securities and Exchange Commission (``SEC'' or 
``Commission'') the proposed rule change as described in Items I, II, 
and III, below, which Items have been prepared by the Exchange. 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 proposes to amend the fee schedule under Exchange Rule 
7018 with respect to transactions in securities priced at $1 or more 
per share.
    The text of the proposed rule change is also available on the 
Exchange's Web site at http://nasdaqomxbx.cchwallstreet.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 Exchange 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 Exchange 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 Exchange is proposing to amend BX Rule 7018(a) and (e) to 
modify the fees and rebates assessed under the rule applicable to 
transactions in securities priced at $1 or more. Specifically, the 
Exchange proposes to clarify and make uniform throughout BX Rule 
7018(a) the term ``Midpoint pegging'', as well as in BX Rule 7018(e) 
regarding credits for retail orders. The Exchange also proposes to 
include within BX Rule 7018(a) a specific line item for a credit for an 
``Order with Midpoint pegging that removes liquidity'' of $0.0005 per 
share executed. The Exchange believes that these proposed changes 
increase transparency as to how a member's credit is determined, 
clarify the fee schedule, and do not change the overall current rate 
for such credits except for the one minor change noted above.\3\
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    \3\ The addition of the language concerning price improvement to 
BX Rule 7018 merely reflects how the system for credits and fees 
already currently operates, which is why this new language does not 
change the overall current rates for such credits.
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    Changing the language for non-displayed orders entered by a member 
that provides an average daily volume of 3.5 million or more shares 
(but less than 5 million shares) of non-displayed liquidity to include 
``other than orders with Midpoint pegging'' instead of ``including 
those pegged to the midpoint'' results in no actual change. Currently, 
a member would never receive the $0.0024 per share executed charge for 
an order with Midpoint pegging because instead the member would have 
qualified for the $0.0005 per share executed charge for an order with 
Midpoint pegging entered by a member that provides an average daily 
volume of 2 million or more shares of non-displayed liquidity during 
the month.
    Additionally, the Exchange proposes to define ``price improvement'' 
to mean instances when the accepted price of an order differs from the 
executed price of an order and incorporate it where applicable in BX 
Rule 7018(a) and (e). The accepted price is the price the matching 
engine assigns an order based on the instructions submitted by the 
member. It may differ from a customer's limit price because of the 
order type (e.g., pegging and post only orders) or for regulatory 
reasons (e.g., Reg SHO, Reg NMS compliance or other regulatory 
restrictions). The accepted price of an order will not be more 
aggressive than the customer's limit price, and is often the same as 
the customer's submitted limit price. An order can execute up to its 
accepted price and this is the least advantageous price at which an 
order can execute. Any execution price that is different than the 
accepted price must be more advantageous than the accepted price. Thus, 
executions where the accepted price does not equal the execution price 
are situations when the order is receiving price improvement versus its 
accepted price.
    The Exchange also proposes to change the fee assessed for BTFY and 
BCRT orders in securities listed on The NASDAQ Stock Market LLC 
(``NASDAQ'') (``Tape C''), the New York Stock Exchange (``NYSE'') 
(``Tape A'') and on exchanges other than NASDAQ and the NYSE (``Tape 
B'') (collectively, the ``Tapes'').
    BTFY \4\ is a routing option under which orders check the order 
execution and trade reporting system owned and operated by BX (the 
``System'') for available shares only if so instructed by the entering 
firm and are thereafter routed to destinations on the System routing 
table. If shares remain unexecuted after routing, they are posted to 
the System book. Once on the System book, should the order subsequently 
be locked or crossed by another market center, the System will not 
route the order to the locking or crossing market center.
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    \4\ See BX Rule 4758(a)(v).
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    BCRT \5\ is a routing option under which orders check the System 
and then route to PSX and NASDAQ. If shares remain unexecuted, they are 
posted to the System book or cancelled. Once on the System book, should 
the order subsequently be locked or crossed by another market center, 
the System will not route the order to the locking or crossing market 
center.
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    \5\ See BX Rule 4758(a)(vii).
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    For BTFY and BCRT orders, the Exchange currently passes through all 
fees and rebates for orders that execute on PSX or NASDAQ. BTFY and 
BCRT orders executed on BX result in a pass through charge of $0.0025 
or $0.0026 per share executed on PSX \6\ and $0.0030 per share executed 
on

[[Page 11255]]

NASDAQ.\7\ The Exchange is proposing to now assess a set charge of 
$0.0030 per share executed for BTFY orders that execute on NYSE, NASDAQ 
or PSX and $0.0007 per share executed for BTFY orders executed on any 
other venue. The Exchange is also proposing to now assess a set charge 
of $0.0030 per share executed for BCRT orders that executes on PSX or 
NASDAQ in lieu of passing through credits and rebates.
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    \6\ See NASDAQ OMX PHLX LLC Pricing Schedule, Section 
VIII(a)(1).
    \7\ See NASDAQ Rule 7018(a).
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    BX is proposing to eliminate pass through fees and assess a set fee 
of $0.0030 per share executed for both BTFY and BCRT. The Exchange 
currently passes through any routing fees charged and rebates to NASDAQ 
or PSX for these orders, which currently is $0.0030 per share executed 
on NASDAQ and varies by tape on PSX but also may vary based on changes 
to those exchange's respective fee schedules.
2. Statutory Basis
    BX believes that the proposed rule change is consistent with the 
provisions of Section 6 of the Act,\8\ in general, and with Sections 
6(b)(4) and 6(b)(5) of the Act,\9\ in particular, in that it provides 
for the equitable allocation of reasonable dues, fees and other charges 
among members and issuers and other persons using any facility or 
system which the Exchange operates or controls, and is designed to 
prevent fraudulent and manipulative acts and practices, to promote just 
and equitable principles of trade, to foster cooperation and 
coordination with persons engaged in regulating, clearing, settling, 
processing information with respect to, and facilitating transactions 
in securities, to remove impediments to and perfect the mechanism of a 
free and open market and a national market system, and, in general, to 
protect investors and the public interest; and are not designed to 
permit unfair discrimination between customers, issuers, brokers, or 
dealers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes that the proposed changes (i) to make the 
term ``Midpoint pegging'' uniform throughout BX Rule 7018(a) and (e), 
to define ``price improvement' to mean instances when the accepted 
price of an order differs from the executed price of an order and 
incorporate it where applicable in BX Rule 7018(a) and (e), (ii) to 
include within BX Rule 7018(a) a specific line item for a credit for an 
``Order with Midpoint pegging that removes liquidity'' of $0.0005 per 
share executed, and (iii) to change the language for non-displayed 
orders entered by a member that provides an average daily volume of 3.5 
million or more shares (but less than 5 million shares) of non-
displayed liquidity to include ``other than orders with Midpoint 
pegging'' instead of ``including those pegged to the midpoint'' are 
reasonable because they increase transparency as to how a member's 
charges and credits are determined. The Exchange also believes that 
these changes are consistent with an equitable allocation of fees and 
are not unfairly discriminatory because the overall current rate for 
such credits will not change except for the one minor change noted 
above and they apply uniformly to all market participants to whom the 
fee schedule is applicable.
    Additionally, the Exchange believes that the proposed changes to 
the charges assessed for BTFY and BCRT orders in securities of any Tape 
that execute on PSX are reasonable because they more closely align the 
fee received with the costs associated with providing routing services. 
The Exchange incurs costs in operating and supporting the routing 
function, which are in addition to the fees of other exchanges that it 
incurs when a routed order executes on another venue. To cover such 
costs, the Exchange assesses the proposed fee for other routed orders, 
such as BSTG and BSCN orders, which are assessed a charge of $0.0030 
per share executed.\10\ Thus, the current pass through fee results in a 
discount to the fee assessed for use of the routing function for other 
routed orders.
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    \10\ For a description of BSTG and BSCN routing strategies, see 
BX Rules 4758(a)(1)(A)(iii) and (iv).
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    The Exchange also believes that the proposed changes are reasonable 
because they remove complexity from the fee schedule and assess a fee 
that is not dependent on knowing what the current liquidity removal 
rates are on PSX and NASDAQ. The Exchange believes that the proposed 
changes to BTFY and BCRT order fees are equitably allocated because all 
member firms that receive an execution on PSX and NASDAQ will be 
assessed a fee that is more closely aligned with the costs incurred by 
the Exchange, as noted above. Also, the Exchange believes that the 
proposed changes to BTFY and BCRT order fees as to PSX do not 
discriminate unfairly because they eliminate a distinction in the fees 
whereby discounted fees are charged for use of the Exchange's routing 
functionality. Moreover, the proposed changes do not discriminate 
unfairly because they eliminate a distinction in the routing fees 
whereby some fees are fixed and others are based on fee assessed by 
other markets. As noted above, most routing fees are based on a set 
fee, and are not tied to the fees of other markets.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule changes will 
result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act, as amended.\11\ 
BX notes that it operates in a highly competitive market in which 
market participants can readily favor over 40 different competing 
exchanges and alternative trading systems if they deem fee levels at a 
particular venue to be excessive, or rebate opportunities available at 
other venues to be more favorable. In such an environment, BX must 
continually adjust its fees to remain competitive with other exchanges. 
Because competitors are free to modify their own fees in response, and 
because market participants may readily adjust their order routing 
practices, BX believes that the degree to which fee changes in this 
market may impose any burden on competition is extremely limited.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(8).
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    In this instance, the changes to routing fees and credits do not 
impose a burden on competition because the Exchange's routing services 
are optional and are the subject of competition from other exchanges 
and broker-dealers that offer routing services, as well as the ability 
of members to develop their own routing capabilities. The 
standardization of fees for execution of BTFY and BCRT orders that 
route from BX to PSX or NASDAQ are reflective of a need to better align 
the fees received with the costs incurred in operating and supporting 
the routing function. It removes an unnecessarily complex process to 
determine the fee assessed with a set fee, which is consistent with 
other BX routing fees. Under the current fees, a member firm must know 
what the fee schedule is on PSX and NASDAQ at any given time. Thus, the 
changes will simplify the fee schedule by providing certainty to the 
fee assessed. For these reasons, the Exchange does not believe that any 
of the proposed changes will impair the ability of members or competing 
order execution venues to maintain their competitive standing in the 
financial markets. Moreover, because there are numerous competitive 
alternatives to the use of the Exchange, it is likely that BX will lose 
market share as a result of the changes if they are unattractive to 
market participants. Finally, the changes relating to Midpoint pegging

[[Page 11256]]

also will not result in any burden on competition because they serve to 
clarify and enhance the understanding of members as to how rates are 
assigned.
    Accordingly, BX does not believe that the proposed rule changes 
will impair the ability of members or competing order execution venues 
to maintain their competitive standing in the financial markets.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing change has become effective pursuant to Section 
19(b)(3)(A) of the Act \12\ and paragraph (f) of Rule 19b-4 \13\ 
thereunder. At any time within 60 days of the filing of the 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.
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f).
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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 email to [email protected]. Please include 
File Number SR-BX-2015-013 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-BX-2015-013. 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 
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-BX-
2015-013, and should be submitted on or before March 23, 2015.


    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
Jill M. Peterson,
Assistant Secretary.
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    \14\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2015-04189 Filed 2-27-15; 8:45 am]
BILLING CODE 8011-01-P



                                                    11254                          Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices

                                                    2015–01 and should be submitted on or                   proposed rule change. The text of these               member. It may differ from a customer’s
                                                    before March 23, 2015.                                  statements may be examined at the                     limit price because of the order type
                                                       For the Commission, by the Division of               places specified in Item IV below. The                (e.g., pegging and post only orders) or
                                                    Trading and Markets, pursuant to delegated              Exchange has prepared summaries, set                  for regulatory reasons (e.g., Reg SHO,
                                                    authority.22                                            forth in sections A, B, and C below, of               Reg NMS compliance or other
                                                    Jill M. Peterson,                                       the most significant aspects of such                  regulatory restrictions). The accepted
                                                    Assistant Secretary.                                    statements.                                           price of an order will not be more
                                                    [FR Doc. 2015–04181 Filed 2–27–15; 8:45 am]             A. Self-Regulatory Organization’s                     aggressive than the customer’s limit
                                                    BILLING CODE 8011–01–P                                  Statement of the Purpose of, and                      price, and is often the same as the
                                                                                                            Statutory Basis for, the Proposed Rule                customer’s submitted limit price. An
                                                                                                            Change                                                order can execute up to its accepted
                                                    SECURITIES AND EXCHANGE                                                                                       price and this is the least advantageous
                                                    COMMISSION                                              1. Purpose                                            price at which an order can execute.
                                                                                                               The Exchange is proposing to amend                 Any execution price that is different
                                                    [Release No. 34–74363; File No. SR–BX–                                                                        than the accepted price must be more
                                                    2015–013]                                               BX Rule 7018(a) and (e) to modify the
                                                                                                            fees and rebates assessed under the rule              advantageous than the accepted price.
                                                    Self-Regulatory Organizations;                          applicable to transactions in securities              Thus, executions where the accepted
                                                    NASDAQ OMX BX, Inc.; Notice of Filing                   priced at $1 or more. Specifically, the               price does not equal the execution price
                                                    and Immediate Effectiveness of                          Exchange proposes to clarify and make                 are situations when the order is
                                                    Proposed Rule Change To Amend the                       uniform throughout BX Rule 7018(a) the                receiving price improvement versus its
                                                    Fee Schedule Under Exchange Rule                        term ‘‘Midpoint pegging’’, as well as in              accepted price.
                                                    7018(a) and (e) With Respect to                         BX Rule 7018(e) regarding credits for                    The Exchange also proposes to change
                                                    Transactions in Securities Priced at $1                 retail orders. The Exchange also                      the fee assessed for BTFY and BCRT
                                                    per Share or More                                       proposes to include within BX Rule                    orders in securities listed on The
                                                                                                            7018(a) a specific line item for a credit             NASDAQ Stock Market LLC
                                                    February 24, 2015.                                      for an ‘‘Order with Midpoint pegging                  (‘‘NASDAQ’’) (‘‘Tape C’’), the New York
                                                       Pursuant to Section 19(b)(1) of the                  that removes liquidity’’ of $0.0005 per               Stock Exchange (‘‘NYSE’’) (‘‘Tape A’’)
                                                    Securities Exchange Act of 1934                         share executed. The Exchange believes                 and on exchanges other than NASDAQ
                                                    (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 that these proposed changes increase                  and the NYSE (‘‘Tape B’’) (collectively,
                                                    notice is hereby given that on February                 transparency as to how a member’s                     the ‘‘Tapes’’).
                                                    11, 2015, NASDAQ OMX BX, Inc. (‘‘BX’’                   credit is determined, clarify the fee                    BTFY 4 is a routing option under
                                                    or ‘‘Exchange’’) filed with the Securities              schedule, and do not change the overall               which orders check the order execution
                                                    and Exchange Commission (‘‘SEC’’ or                     current rate for such credits except for              and trade reporting system owned and
                                                    ‘‘Commission’’) the proposed rule                       the one minor change noted above.3                    operated by BX (the ‘‘System’’) for
                                                    change as described in Items I, II, and                    Changing the language for non-                     available shares only if so instructed by
                                                    III, below, which Items have been                       displayed orders entered by a member                  the entering firm and are thereafter
                                                    prepared by the Exchange. The                           that provides an average daily volume of              routed to destinations on the System
                                                    Commission is publishing this notice to                 3.5 million or more shares (but less than             routing table. If shares remain
                                                    solicit comments on the proposed rule                   5 million shares) of non-displayed                    unexecuted after routing, they are
                                                    change from interested persons.                         liquidity to include ‘‘other than orders              posted to the System book. Once on the
                                                    I. Self-Regulatory Organization’s                       with Midpoint pegging’’ instead of                    System book, should the order
                                                    Statement of the Terms of Substance of                  ‘‘including those pegged to the                       subsequently be locked or crossed by
                                                    the Proposed Rule Change                                midpoint’’ results in no actual change.               another market center, the System will
                                                                                                            Currently, a member would never                       not route the order to the locking or
                                                       The Exchange proposes to amend the                   receive the $0.0024 per share executed                crossing market center.
                                                    fee schedule under Exchange Rule 7018                   charge for an order with Midpoint
                                                    with respect to transactions in securities                                                                       BCRT 5 is a routing option under
                                                                                                            pegging because instead the member                    which orders check the System and then
                                                    priced at $1 or more per share.                         would have qualified for the $0.0005
                                                       The text of the proposed rule change                                                                       route to PSX and NASDAQ. If shares
                                                                                                            per share executed charge for an order                remain unexecuted, they are posted to
                                                    is also available on the Exchange’s Web
                                                                                                            with Midpoint pegging entered by a                    the System book or cancelled. Once on
                                                    site at http://
                                                                                                            member that provides an average daily                 the System book, should the order
                                                    nasdaqomxbx.cchwallstreet.com, at the
                                                                                                            volume of 2 million or more shares of                 subsequently be locked or crossed by
                                                    principal office of the Exchange, and at
                                                                                                            non-displayed liquidity during the                    another market center, the System will
                                                    the Commission’s Public Reference
                                                                                                            month.                                                not route the order to the locking or
                                                    Room.                                                      Additionally, the Exchange proposes                crossing market center.
                                                    II. Self-Regulatory Organization’s                      to define ‘‘price improvement’’ to mean
                                                                                                                                                                     For BTFY and BCRT orders, the
                                                    Statement of the Purpose of, and                        instances when the accepted price of an
                                                                                                                                                                  Exchange currently passes through all
                                                    Statutory Basis for, the Proposed Rule                  order differs from the executed price of
                                                                                                                                                                  fees and rebates for orders that execute
                                                    Change                                                  an order and incorporate it where
                                                                                                                                                                  on PSX or NASDAQ. BTFY and BCRT
                                                                                                            applicable in BX Rule 7018(a) and (e).
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                       In its filing with the Commission, the                                                                     orders executed on BX result in a pass
                                                    Exchange included statements                            The accepted price is the price the
                                                                                                                                                                  through charge of $0.0025 or $0.0026
                                                    concerning the purpose of and basis for                 matching engine assigns an order based
                                                                                                                                                                  per share executed on PSX 6 and
                                                    the proposed rule change and discussed                  on the instructions submitted by the
                                                                                                                                                                  $0.0030 per share executed on
                                                    any comments it received on the                           3 The addition of the language concerning price
                                                                                                                                                                    4 See BX Rule 4758(a)(v).
                                                                                                            improvement to BX Rule 7018 merely reflects how
                                                      22 17 CFR 200.30–3(a)(12).                                                                                    5 See
                                                                                                            the system for credits and fees already currently             BX Rule 4758(a)(vii).
                                                      1 15 U.S.C. 78s(b)(1).
                                                                                                            operates, which is why this new language does not       6 See NASDAQ OMX PHLX LLC Pricing
                                                      2 17 CFR 240.19b–4.                                   change the overall current rates for such credits.    Schedule, Section VIII(a)(1).



                                               VerDate Sep<11>2014   16:55 Feb 27, 2015   Jkt 235001   PO 00000   Frm 00101   Fmt 4703   Sfmt 4703   E:\FR\FM\02MRN1.SGM    02MRN1


                                                                                       Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices                                           11255

                                                    NASDAQ.7 The Exchange is proposing                      average daily volume of 3.5 million or                  above, most routing fees are based on a
                                                    to now assess a set charge of $0.0030 per               more shares (but less than 5 million                    set fee, and are not tied to the fees of
                                                    share executed for BTFY orders that                     shares) of non-displayed liquidity to                   other markets.
                                                    execute on NYSE, NASDAQ or PSX and                      include ‘‘other than orders with
                                                                                                                                                                    B. Self-Regulatory Organization’s
                                                    $0.0007 per share executed for BTFY                     Midpoint pegging’’ instead of
                                                                                                                                                                    Statement on Burden on Competition
                                                    orders executed on any other venue.                     ‘‘including those pegged to the
                                                    The Exchange is also proposing to now                   midpoint’’ are reasonable because they                    The Exchange does not believe that
                                                    assess a set charge of $0.0030 per share                increase transparency as to how a                       the proposed rule changes will result in
                                                    executed for BCRT orders that executes                  member’s charges and credits are                        any burden on competition that is not
                                                    on PSX or NASDAQ in lieu of passing                     determined. The Exchange also believes                  necessary or appropriate in furtherance
                                                    through credits and rebates.                            that these changes are consistent with                  of the purposes of the Act, as
                                                      BX is proposing to eliminate pass                     an equitable allocation of fees and are                 amended.11 BX notes that it operates in
                                                    through fees and assess a set fee of                    not unfairly discriminatory because the                 a highly competitive market in which
                                                    $0.0030 per share executed for both                     overall current rate for such credits will              market participants can readily favor
                                                    BTFY and BCRT. The Exchange                             not change except for the one minor                     over 40 different competing exchanges
                                                    currently passes through any routing                    change noted above and they apply                       and alternative trading systems if they
                                                    fees charged and rebates to NASDAQ or                   uniformly to all market participants to                 deem fee levels at a particular venue to
                                                    PSX for these orders, which currently is                whom the fee schedule is applicable.                    be excessive, or rebate opportunities
                                                    $0.0030 per share executed on NASDAQ                       Additionally, the Exchange believes                  available at other venues to be more
                                                    and varies by tape on PSX but also may                  that the proposed changes to the charges                favorable. In such an environment, BX
                                                    vary based on changes to those                          assessed for BTFY and BCRT orders in                    must continually adjust its fees to
                                                    exchange’s respective fee schedules.                    securities of any Tape that execute on                  remain competitive with other
                                                                                                            PSX are reasonable because they more                    exchanges. Because competitors are free
                                                    2. Statutory Basis                                                                                              to modify their own fees in response,
                                                                                                            closely align the fee received with the
                                                       BX believes that the proposed rule                   costs associated with providing routing                 and because market participants may
                                                    change is consistent with the provisions                services. The Exchange incurs costs in                  readily adjust their order routing
                                                    of Section 6 of the Act,8 in general, and               operating and supporting the routing                    practices, BX believes that the degree to
                                                    with Sections 6(b)(4) and 6(b)(5) of the                function, which are in addition to the                  which fee changes in this market may
                                                    Act,9 in particular, in that it provides for            fees of other exchanges that it incurs                  impose any burden on competition is
                                                    the equitable allocation of reasonable                  when a routed order executes on                         extremely limited.
                                                    dues, fees and other charges among                      another venue. To cover such costs, the                   In this instance, the changes to
                                                    members and issuers and other persons                   Exchange assesses the proposed fee for                  routing fees and credits do not impose
                                                    using any facility or system which the                  other routed orders, such as BSTG and                   a burden on competition because the
                                                    Exchange operates or controls, and is                   BSCN orders, which are assessed a                       Exchange’s routing services are optional
                                                    designed to prevent fraudulent and                      charge of $0.0030 per share executed.10                 and are the subject of competition from
                                                    manipulative acts and practices, to                     Thus, the current pass through fee                      other exchanges and broker-dealers that
                                                    promote just and equitable principles of                results in a discount to the fee assessed               offer routing services, as well as the
                                                    trade, to foster cooperation and                        for use of the routing function for other               ability of members to develop their own
                                                    coordination with persons engaged in                    routed orders.                                          routing capabilities. The standardization
                                                    regulating, clearing, settling, processing                 The Exchange also believes that the                  of fees for execution of BTFY and BCRT
                                                    information with respect to, and                        proposed changes are reasonable                         orders that route from BX to PSX or
                                                    facilitating transactions in securities, to             because they remove complexity from                     NASDAQ are reflective of a need to
                                                    remove impediments to and perfect the                   the fee schedule and assess a fee that is               better align the fees received with the
                                                    mechanism of a free and open market                     not dependent on knowing what the                       costs incurred in operating and
                                                    and a national market system, and, in                   current liquidity removal rates are on                  supporting the routing function. It
                                                    general, to protect investors and the                   PSX and NASDAQ. The Exchange                            removes an unnecessarily complex
                                                    public interest; and are not designed to                believes that the proposed changes to                   process to determine the fee assessed
                                                    permit unfair discrimination between                    BTFY and BCRT order fees are equitably                  with a set fee, which is consistent with
                                                    customers, issuers, brokers, or dealers.                allocated because all member firms that                 other BX routing fees. Under the current
                                                       The Exchange believes that the                       receive an execution on PSX and                         fees, a member firm must know what
                                                    proposed changes (i) to make the term                   NASDAQ will be assessed a fee that is                   the fee schedule is on PSX and
                                                    ‘‘Midpoint pegging’’ uniform throughout                 more closely aligned with the costs                     NASDAQ at any given time. Thus, the
                                                    BX Rule 7018(a) and (e), to define ‘‘price              incurred by the Exchange, as noted                      changes will simplify the fee schedule
                                                    improvement’ to mean instances when                     above. Also, the Exchange believes that                 by providing certainty to the fee
                                                    the accepted price of an order differs                  the proposed changes to BTFY and                        assessed. For these reasons, the
                                                    from the executed price of an order and                 BCRT order fees as to PSX do not                        Exchange does not believe that any of
                                                    incorporate it where applicable in BX                   discriminate unfairly because they                      the proposed changes will impair the
                                                    Rule 7018(a) and (e), (ii) to include                   eliminate a distinction in the fees                     ability of members or competing order
                                                    within BX Rule 7018(a) a specific line                  whereby discounted fees are charged for                 execution venues to maintain their
                                                    item for a credit for an ‘‘Order with                   use of the Exchange’s routing                           competitive standing in the financial
                                                                                                                                                                    markets. Moreover, because there are
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                                                    Midpoint pegging that removes                           functionality. Moreover, the proposed
                                                    liquidity’’ of $0.0005 per share                        changes do not discriminate unfairly                    numerous competitive alternatives to
                                                    executed, and (iii) to change the                       because they eliminate a distinction in                 the use of the Exchange, it is likely that
                                                    language for non-displayed orders                       the routing fees whereby some fees are                  BX will lose market share as a result of
                                                    entered by a member that provides an                    fixed and others are based on fee                       the changes if they are unattractive to
                                                                                                            assessed by other markets. As noted                     market participants. Finally, the
                                                      7 See NASDAQ Rule 7018(a).                                                                                    changes relating to Midpoint pegging
                                                      8 15 U.S.C. 78f.                                         10 For a description of BSTG and BSCN routing
                                                      9 15 U.S.C. 78f(b)(4) and (5).                        strategies, see BX Rules 4758(a)(1)(A)(iii) and (iv).    11 15   U.S.C. 78f(b)(8).



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                                                    11256                             Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices

                                                    also will not result in any burden on                      Copies of the submission, all subsequent               Business Center Drive, Reston, VA
                                                    competition because they serve to                          amendments, all written statements                     20190.
                                                    clarify and enhance the understanding                      with respect to the proposed rule
                                                                                                                                                                      FOR FURTHER INFORMATION CONTACT:       For
                                                    of members as to how rates are assigned.                   change that are filed with the
                                                                                                                                                                      information relating to the Instrument
                                                       Accordingly, BX does not believe that                   Commission, and all written
                                                                                                                                                                      Procedures Group, contact Thomas E.
                                                    the proposed rule changes will impair                      communications relating to the
                                                                                                                                                                      Schneider, FAA, Flight Procedures
                                                    the ability of members or competing                        proposed rule change between the
                                                                                                                                                                      Standards Branch, AFS–420, 6500
                                                    order execution venues to maintain                         Commission and any person, other than
                                                                                                                                                                      South MacArthur Blvd., P.O. Box 25082,
                                                    their competitive standing in the                          those that may be withheld from the
                                                                                                                                                                      Oklahoma City, OK 73125; telephone:
                                                    financial markets.                                         public in accordance with the
                                                                                                                                                                      (405) 954–5852.
                                                                                                               provisions of 5 U.S.C. 552, will be
                                                    C. Self-Regulatory Organization’s                                                                                    For information relating to the
                                                                                                               available for Web site viewing and
                                                    Statement on Comments on the                                                                                      Charting Group, contact Valerie S.
                                                                                                               printing in the Commission’s Public
                                                    Proposed Rule Change Received From                                                                                Watson, FAA, National Aeronautical
                                                                                                               Reference Room, 100 F Street NE.,
                                                    Members, Participants, or Others                                                                                  Navigation Products (AeroNav
                                                                                                               Washington, DC 20549, on official
                                                      No written comments were either                          business days between the hours of                     Products), Quality Assurance &
                                                    solicited or received.                                     10:00 a.m. and 3:00 p.m. Copies of such                Standards, AJV–344, 1305 East-West
                                                                                                               filing also will be available for                      Highway, SSMC4, Station 3409, Silver
                                                    III. Date of Effectiveness of the                                                                                 Spring, MD 20910; telephone: (301)
                                                    Proposed Rule Change and Timing for                        inspection and copying at the principal
                                                                                                               office of the Exchange. All comments                   427–5155.
                                                    Commission Action
                                                                                                               received will be posted without change;                SUPPLEMENTARY INFORMATION: Pursuant
                                                       The foregoing change has become                         the Commission does not edit personal                  to § 10(a)(2) of the Federal Advisory
                                                    effective pursuant to Section 19(b)(3)(A)                  identifying information from                           Committee Act (Pub. L. 92–463; 5 U.S.C.
                                                    of the Act 12 and paragraph (f) of Rule                    submissions. You should submit only                    App. II), notice is hereby given of a
                                                    19b–4 13 thereunder. At any time within                    information that you wish to make                      meeting of the FAA Aeronautical
                                                    60 days of the filing of the proposed rule                 available publicly. All submissions                    Charting Forum to be held from April 28
                                                    change, the Commission summarily may                       should refer to File Number SR–BX–                     through April 30, 2015, from 8:30 a.m.
                                                    temporarily suspend such rule change if                    2015–013, and should be submitted on                   to 5:00 p.m. at Pragmatics Inc.
                                                    it appears to the Commission that such                     or before March 23, 2015.                              Company, at their offices at 1761
                                                    action is necessary or appropriate in the                                                                         Business Center Drive, Reston, VA
                                                    public interest, for the protection of                        For the Commission, by the Division of              20190.
                                                    investors, or otherwise in furtherance of                  Trading and Markets, pursuant to delegated
                                                                                                               authority.14                                              The Instrument Procedures Group
                                                    the purposes of the Act.                                                                                          agenda will include briefings and
                                                                                                               Jill M. Peterson,
                                                    IV. Solicitation of Comments                                                                                      discussions on recommendations
                                                                                                               Assistant Secretary.
                                                                                                                                                                      regarding pilot procedures for
                                                      Interested persons are invited to                        [FR Doc. 2015–04189 Filed 2–27–15; 8:45 am]
                                                                                                                                                                      instrument flight, as well as criteria,
                                                    submit written data, views, and                            BILLING CODE 8011–01–P                                 design, and developmental policy for
                                                    arguments concerning the foregoing,
                                                                                                                                                                      instrument approach and departure
                                                    including whether the proposed rule
                                                                                                                                                                      procedures.
                                                    change is consistent with the Act.                         DEPARTMENT OF TRANSPORTATION
                                                    Comments may be submitted by any of                                                                                  The Charting Group agenda will
                                                    the following methods:                                                                                            include briefings and discussions on
                                                                                                               Federal Aviation Administration
                                                                                                                                                                      recommendations regarding
                                                    Electronic Comments                                        Government/Industry Aeronautical                       aeronautical charting specifications,
                                                      • Use the Commission’s Internet                          Charting Forum Meeting                                 flight information products, and new
                                                    comment form (http://www.sec.gov/                                                                                 aeronautical charting and air traffic
                                                    rules/sro.shtml); or                                       AGENCY: Federal Aviation                               control initiatives. Attendance is open
                                                      • Send an email to rule-comments@                        Administration (FAA), DOT.                             to the interested public, but will be
                                                    sec.gov. Please include File Number SR–                    ACTION: Notice of public meeting.                      limited to the space available.
                                                    BX–2015–013 on the subject line.                                                                                     Please note the following special
                                                                                                               SUMMARY:   This notice announces the bi-               security requirements for access to the
                                                    Paper Comments                                             annual meeting of the Federal Aviation                 Pragmatics, Inc. Corporation
                                                      • Send paper comments in triplicate                      Administration (FAA) Aeronautical                      Headquarters. A picture I.D. is required
                                                    to Brent J. Fields, Secretary, Securities                  Charting Forum (ACF) to discuss                        of all U.S. citizens. All foreign national
                                                    and Exchange Commission, 100 F Street                      informational content and design of                    participants are required to have a
                                                    NE., Washington, DC 20549–1090.                            aeronautical charts and related                        passport. Additionally, not later than
                                                                                                               products, as well as instrument flight                 March 30, 2015, foreign national
                                                    All submissions should refer to File
                                                                                                               procedures development policy and                      attendees must provide their name,
                                                    Number SR–BX–2015–013. This file
                                                                                                               design criteria.                                       country of citizenship, company/
                                                    number should be included on the
                                                    subject line if email is used.                             DATES: The ACF is separated into two                   organization representing, and country
                                                                                                               distinct groups. The Instrument                        of the company/organization. Send the
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                                                      To help the Commission process and
                                                    review your comments more efficiently,                     Procedures Group (IPG) will meet April                 information to: Steve VanCamp,
                                                    please use only one method. The                            28, 2015 from 8:30 a.m. to 5:00 p.m. The               Pragmatics Inc., FAA, Aviation Safety—
                                                    Commission will post all comments on                       Charting Group will meet April 29 and                  Flight Standards Service, AFS–420,
                                                    the Commission’s Internet Web site                         30, 2015 from 8:30 a.m. to 5:00 p.m.                   6500 South MacArthur Blvd., P.O. Box
                                                    (http://www.sec.gov/rules/sro.shtml).                      ADDRESSES: The meeting will be hosted                  25082, Oklahoma City, OK, 73125 or via
                                                                                                               by Pragmatics, Inc. Company at 1761                    Email (preferred) to: steve.ctr.vancamp@
                                                      12 15   U.S.C. 78s(b)(3)(A).                                                                                    faa.gov. Foreign nationals who do not
                                                      13 17   CFR 240.19b–4(f).                                  14 17   CFR 200.30–3(a)(12).                         provide the required information will


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Document Created: 2015-12-18 12:07:07
Document Modified: 2015-12-18 12:07:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 11254 

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