80_FR_18515 80 FR 18450 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to NASDAQ Options Market Fees and Rebates

80 FR 18450 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to NASDAQ Options Market Fees and Rebates

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 65 (April 6, 2015)

Page Range18450-18452
FR Document2015-07749

Federal Register, Volume 80 Issue 65 (Monday, April 6, 2015)
[Federal Register Volume 80, Number 65 (Monday, April 6, 2015)]
[Notices]
[Pages 18450-18452]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07749]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74616; File No. SR-NASDAQ-2015-027]


Self-Regulatory Organizations; The NASDAQ Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change 
Relating to NASDAQ Options Market Fees and Rebates

March 31, 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 March 25, 2015, The NASDAQ Stock Market LLC (``NASDAQ'' 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 NASDAQ. 
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

    NASDAQ proposes to amend the manner in which the Exchange assesses 
Port Fees which are located in Chapter XV, entitled ``Options 
Pricing,'' which governs pricing for NASDAQ members using the NASDAQ 
Options Market (``NOM''), NASDAQ's facility for executing and routing 
standardized equity and index options.
    While the changes proposed herein are effective upon filing, the 
Exchange has designated the amendments become operative on April 1, 
2015.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://www.nasdaq.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. 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 proposes to increase Port Fees for the following ports 
from $600.00 to $650.00 per port, per month, per mnemonic: Order Entry 
Port,\3\ CTI Port,\4\ ITTO Port,\5\ BONO Port,\6\ Order

[[Page 18451]]

Entry DROP Port Fees \7\ and OTTO Drop Ports.\8\ The OTTO Port \9\ will 
be increased from $600.00 to $750.00 per port, per month, per mnemonic, 
and the SQF Port \10\ will be increased from $600.00 to $750.00 per 
port, per month. ITTO and BONO Port fees will continue to be assessed 
to non-NOM Participants and NOM Participants.
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    \3\ The Order Entry Port Fee is a connectivity fee in connection 
with routing orders to the Exchange via an external order entry 
port. NOM Participants access the Exchange's network through order 
entry ports. A NOM Participant may have more than one order entry 
port.
    \4\ CTI offers real-time clearing trade updates. A real-time 
clearing trade update is a message that is sent to a member after an 
execution has occurred and contains trade details. The message 
containing the trade details is also simultaneously sent to The 
Options Clearing Corporation. The trade messages are routed to a 
member's connection containing certain information. The 
administrative and market event messages include, but are not 
limited to: System event messages to communicate operational-related 
events; options directory messages to relay basic option symbol and 
contract information for options traded on the Exchange; complex 
strategy messages to relay information for those strategies traded 
on the Exchange; trading action messages to inform market 
participants when a specific option or strategy is halted or 
released for trading on the Exchange; and an indicator which 
distinguishes electronic and non-electronically delivered orders.
    \5\ ITTO is a data feed that provides quotation information for 
individual orders on the NOM book, last sale information for trades 
executed on NOM, and Order Imbalance Information as set forth in NOM 
Rules Chapter VI, Section 8. ITTO is the options equivalent of the 
NASDAQ TotalView/ITCH data feed that NASDAQ offers under NASDAQ Rule 
7023 with respect to equities traded on NASDAQ. As with TotalView, 
members use ITTO to ``build'' their view of the NOM book by adding 
individual orders that appear on the feed, and subtracting 
individual orders that are executed. See Chapter VI, Section 1 at 
subsection (a)(3)(A).
    \6\ BONO\SM\ is a data feed that provides the NOM Best Bid and 
Offer (``NOM NBBO'') and last sale information for trades executed 
on NOM. The NOM NBBO and last sale information are identical to the 
information that NOM sends to the Options Price Regulatory Authority 
(``OPRA'') and which OPRA disseminates via the consolidated data 
feed for options. BONO is the options equivalent of the NASDAQ Basic 
data feed offered for equities under NASDAQ Rule 7047. See Chapter 
VI, Section 1 at subsection (a)(3)(B).
    \7\ The DROP interface provides real time information regarding 
orders sent to NOM and executions that occurred on NOM. The DROP 
interface is not a trading interface and does not accept order 
messages.
    \8\ The OTTO DROP data feed provides real-time information 
regarding orders entered through OTTO and the execution of those 
orders. The OTTO DROP data feed is not a trading interface and does 
not accept order messages.
    \9\ OTTO provides a method for subscribers to send orders and 
receive status updates on those orders. OTTO accepts limit orders 
from system subscribers, and if there is a matching order, the 
orders will execute. Non-matching orders are added to the limit 
order book, a database of available limit orders, where they are 
matched in price-time priority.
    \10\ SQF ports are ports that receive inbound quotes at any time 
within that month. The SQF Port allows a NOM Participant to access 
information such as execution reports and other relevant data 
through a single feed. For example, this data would show which 
symbols are trading on NOM and the current state of an options 
symbol (i.e., open for trading, trading, halted or closed). Auction 
notifications and execution reports are also available. NOM Market 
Makers rely on data available through the SQF Port to provide them 
the necessary information to perform market making activities.
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    Each NOM Participant is assigned a market participant identifier or 
``mnemonic'' \11\ and in some cases, certain NOM Participants request 
multiple mnemonics for purposes of accounting for trading activity. 
These mnemonics identify users at a particular NOM Participant. The 
Exchange bills its port fees based on the number of mnemonics 
configured for each port. By way of example, if a NOM Participant, ABC, 
requested 2 ports from the Exchange and further requested that each 
port be configured to be accessed by 4 mnemonics or in some cases 
account numbers,\12\ the NOM Participant, today, would be billed for 8 
ports at the rate of $600 per port for that month. All billing is 
captured at the Participant level. NOM Participants may choose to have 
multiple mnemonics or in some case multiple account numbers for the 
convenience of conducting their business, however only one mnemonic and 
one account number is required to conduct business on NOM. The 
aforementioned will not apply to SQF ports, which are not billed by 
mnemonic.
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    \11\ A mnemonic is a unique identifier consisting of a four 
character alpha code.
    \12\ Account numbers are assigned by the Exchange and associated 
with particular NOM Participants.
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    The Exchange is proposing to increase OTTO and SQF Ports from 
$600.00 to $750.00, per port, per month, per mnemonic for the OTTO Port 
and per port, per month for the SQF port. All other port fees (Order 
Entry Port, CTI Port, ITTO Port, BONO Port, Order Entry DROP Port and 
OTTO Drop Ports) will increase from $600.00 to $650.00 per port, per 
month, per mnemonic. NOM Market Makers utilize OTTO and SQF ports for 
their market making business, which ports require a greater throughput 
as compared to the other ports mentioned herein. The Exchange expends 
greater resources to provide the OTTO and SQF ports, which is the 
reason for the increased fee for these ports as compared to other 
ports.
2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with 
the provisions of Section 6 of the Act,\13\ in general, and with 
Section 6(b)(4) and 6(b)(5) of the Act,\14\ 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 NASDAQ operates or controls, and is not 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
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    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes that increasing the Order Entry Port, CTI 
Port, ITTO Port, BONO Port, Order Entry DROP Port and OTTO DROP Port 
fees from $600 to $650 per port, per month, per mnemonic is reasonable 
because it would allow the Exchange to keep pace with increasing 
technology costs. The increased Port Fees reflect the increased costs 
that the Exchange bears with respect to maintaining ports. The Port 
Fees are reasonable because they enable the Exchange to offset, in 
part, its connectivity costs associated with making such ports 
available, including costs based on gateway software and hardware 
enhancements and resources dedicated to gateway development, quality 
assurance, and support. The Exchange's Port Fees are in line with costs 
for ports at other options exchanges.\15\
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    \15\ Miami International Securities Exchange LLC (``MIAX'') 
assesses ports fees that range in price up to $1,000 depending on 
connectivity levels. See MIAX's Fee Schedule. ISE Gemini, LLC (``ISE 
Gemini'') assesses port fees that range from $750-$15,000 depending 
on connectivity levels. See ISE Gemini's Fee Schedule. Finally, C2 
Options Exchange, Incorporated (``C2'') assesses port fees that 
range from $500-$1,000 depending on connectivity levels. See C2's 
Fee Schedule. See also NASDAQ OMX PHLX LLC's (``Phlx'') Pricing 
Schedule. Phlx assesses higher fees which range from $2,500 to 
$15,000 for its Active SQF Port which is utilized by Phlx market 
makers as compared to $550 for Order Entry Ports.
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    The Exchange believes that increasing the Order Entry Ports, CTI 
Ports, ITTO Ports, BONO Ports, Order Entry DROP Port and OTTO DROP Port 
fees from $600 to $650 per port, per month, per mnemonic is equitable 
and not unfairly discriminatory because the Exchange assesses the same 
fees for all ports to all NOM participants.
    The Exchange believes that increasing the OTTO Port and SQF Port 
Fees from $600 to $750 is reasonable because it would allow the 
Exchange to keep pace with increasing technology costs. NOM Market 
Makers utilize the OTTO and SQF ports, which ports require a greater 
throughput as compared to the other ports mentioned herein. The 
Exchange expends greater resources to provide the OTTO and SQF ports, 
which is the reason for the increased fee as compared to other ports. 
The increased Port Fees reflect the increased costs that the Exchange 
bears with respect to maintaining ports. The Port Fees are reasonable 
because they enable the Exchange to offset, in part, its connectivity 
costs associated with making such NOM Market Maker ports available, 
including costs based on gateway software and hardware enhancements and 
resources dedicated to gateway development, quality assurance, and 
support. The Exchange's Port Fees are in line with costs for ports at 
other options exchanges.\16\
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    \16\ Id.
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    The Exchange believes that increasing the OTTO Port and SQF Port 
Fees from $600 to $750 is equitable and not unfairly discriminatory 
because the Exchange assesses the same fees for these ports which are 
utilized by NOM Market Makers for any NOM market participant desiring 
these ports.

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

    NASDAQ does not believe that the proposed rule change will impose 
any burden on competition not necessary or appropriate in furtherance 
of the purposes of the Act. The Exchange believes the proposed fee 
change is reasonably designed to be fair and equitable, and therefore, 
will not unduly burden any particular group of market participants 
trading on the Exchange. The Exchange's proposal to increase all port 
fees for all NOM Participants with respect to the Order Entry Port, CTI 
Port, ITTO Port, BONO Port, Order Entry DROP Port and OTTO DROP Port 
fees from $600 to $650 does not create an undue burden on competition. 
The proposed fees are designed to ensure a fair and reasonable use of 
Exchange resources by allowing the Exchange to

[[Page 18452]]

recoup for certain of its connectivity costs, while continuing to offer 
competitive rates to NOM Participants.
    With respect to the OTTO Port and SQF Port Fees, the increase in 
the port fees from $600 to $750 is greater. These ports are utilized by 
NOM Market Makers in connection with marking markets. NOM Market Makers 
utilize the OTTO and SQF ports, which ports require a greater 
throughput as compared to the other ports mentioned herein. The 
Exchange expends greater resources to provide the OTTO and SQF ports, 
which is the reason for the increased fee as compared to other ports. 
The increased Port Fees reflect the increased costs that the Exchange 
bears with respect to maintaining ports. The Exchange does not believe 
these fee increases create an undue burden on competition. Moreover, 
the Exchange believes that its fee increases are competitive with 
similar fees at other options exchanges.\17\
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    \17\ See note 15.
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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 rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Act.\18\ 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. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.
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    \18\ 15 U.S.C. 78s(b)(3)(A)(ii).
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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-NASDAQ-2015-027 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-NASDAQ-2015-027. 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 
a.m. and 3 p.m. Copies of the 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-NASDAQ-2015-027 and should 
be submitted on or before April 27, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-07749 Filed 4-3-15; 8:45 am]
BILLING CODE 8011-01-P



                                              18450                           Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices

                                              respect to each repurchase, each fund                   or by sending an email to: Shagufta_                   II. Self-Regulatory Organization’s
                                              spends 2.5 hours to comply with the                     Ahmed@omb.eop.gov; and (ii) Pamela                     Statement of the Purpose of, and
                                              rule’s written confirmation, asset                      Dyson, Director/Chief Information                      Statutory Basis for, the Proposed Rule
                                              coverage disclosure and six month                       Officer, Securities and Exchange                       Change
                                              notice requirements. Thus, Commission                   Commission, c/o Remi Pavlik-Simon,
                                              staff estimates the total annual                        100 F Street NE., Washington, DC 20549                   In its filing with the Commission, the
                                              respondent reporting burden is 1755                     or send an email to: PRA_Mailbox@                      Exchange included statements
                                              hours.2 Commission staff further                        sec.gov. Comments must be submitted to                 concerning the purpose of and basis for
                                              estimates that the cost of the hourly                   OMB within 30 days of this notice.                     the proposed rule change. The text of
                                              burden per repurchase is $295 (one half                                                                        these statements may be examined at
                                                                                                        Dated: March 31, 2015.
                                              hour of a compliance attorney’s time at                                                                        the places specified in Item IV below.
                                                                                                      Brent J. Fields,
                                              $334 per hour,3 and two hours of                                                                               The Exchange has prepared summaries,
                                                                                                      Secretary.                                             set forth in sections A, B, and C below,
                                              clerical time at $64 per hour 4). The total
                                                                                                      [FR Doc. 2015–07753 Filed 4–3–15; 8:45 am]             of the most significant aspects of such
                                              annual cost for all funds is estimated to
                                              be $207,090.5                                           BILLING CODE 8011–01–P                                 statements.
                                                 In addition, the fund must file with
                                                                                                                                                             A. Self-Regulatory Organization’s
                                              the Commission a copy of any written
                                                                                                      SECURITIES AND EXCHANGE                                Statement of the Purpose of, and
                                              solicitation to purchase securities given
                                                                                                      COMMISSION                                             Statutory Basis for, the Proposed Rule
                                              by or on behalf of the fund to 10 or more
                                              persons. The copy must be filed as an                                                                          Change
                                                                                                      [Release No. 34–74616; File No. SR–
                                              exhibit to Form N–CSR (17 CFR 249.331                   NASDAQ–2015–027]                                       1. Purpose
                                              and 274.128).6 The burden associated
                                              with filing Form N–CSR is addressed in                  Self-Regulatory Organizations; The                       The Exchange proposes to increase
                                              the submission related to that form.                    NASDAQ Stock Market LLC; Notice of                     Port Fees for the following ports from
                                                 The estimate of average burden hours                 Filing and Immediate Effectiveness of                  $600.00 to $650.00 per port, per month,
                                              is made solely for the purposes of the                  Proposed Rule Change Relating to                       per mnemonic: Order Entry Port,3 CTI
                                              Paperwork Reduction Act, and is not                     NASDAQ Options Market Fees and                         Port,4 ITTO Port,5 BONO Port,6 Order
                                              derived from a comprehensive or even                    Rebates
                                              a representative survey or study of the                 March 31, 2015.
                                                                                                                                                                3 The Order Entry Port Fee is a connectivity fee

                                              costs of Commission rules and forms.                       Pursuant to Section 19(b)(1) of the
                                                                                                                                                             in connection with routing orders to the Exchange
                                                 Complying with the collection of                                                                            via an external order entry port. NOM Participants
                                                                                                      Securities Exchange Act of 1934                        access the Exchange’s network through order entry
                                              information requirements of the rule is
                                                                                                      (‘‘Act’’),1 and Rule 19b–4 thereunder,2                ports. A NOM Participant may have more than one
                                              mandatory. The filings that the rule                                                                           order entry port.
                                                                                                      notice is hereby given that on March 25,
                                              requires to be made with the                                                                                      4 CTI offers real-time clearing trade updates. A
                                                                                                      2015, The NASDAQ Stock Market LLC
                                              Commission are available to the public.                                                                        real-time clearing trade update is a message that is
                                                                                                      (‘‘NASDAQ’’ or ‘‘Exchange’’) filed with                sent to a member after an execution has occurred
                                              An agency may not conduct or sponsor,
                                                                                                      the Securities and Exchange                            and contains trade details. The message containing
                                              and a person is not required to respond
                                                                                                      Commission (‘‘SEC’’ or ‘‘Commission’’)                 the trade details is also simultaneously sent to The
                                              to, a collection of information unless it                                                                      Options Clearing Corporation. The trade messages
                                                                                                      the proposed rule change as described
                                              displays a currently valid control                                                                             are routed to a member’s connection containing
                                                                                                      in Items I, II, and III, below, which Items            certain information. The administrative and market
                                              number.
                                                 The public may view the background                   have been prepared by NASDAQ. The                      event messages include, but are not limited to:
                                              documentation for this information                      Commission is publishing this notice to                System event messages to communicate
                                                                                                      solicit comments on the proposed rule                  operational-related events; options directory
                                              collection at the following Web site,                                                                          messages to relay basic option symbol and contract
                                              www.reginfo.gov. Comments should be                     change from interested persons.                        information for options traded on the Exchange;
                                              directed to: (i) Desk Officer for the                   I. Self-Regulatory Organization’s                      complex strategy messages to relay information for
                                                                                                                                                             those strategies traded on the Exchange; trading
                                              Securities and Exchange Commission,                     Statement of the Terms of Substance of                 action messages to inform market participants when
                                              Office of Information and Regulatory                    the Proposed Rule Change                               a specific option or strategy is halted or released for
                                              Affairs, Office of Management and                          NASDAQ proposes to amend the                        trading on the Exchange; and an indicator which
                                              Budget, Room 10102, New Executive                                                                              distinguishes electronic and non-electronically
                                                                                                      manner in which the Exchange assesses                  delivered orders.
                                              Office Building, Washington, DC 20503,                  Port Fees which are located in Chapter                    5 ITTO is a data feed that provides quotation


                                                 2 This estimate is based on the following
                                                                                                      XV, entitled ‘‘Options Pricing,’’ which                information for individual orders on the NOM book,
                                                                                                      governs pricing for NASDAQ members                     last sale information for trades executed on NOM,
                                              calculation: 702 repurchases × 2.5 hours per                                                                   and Order Imbalance Information as set forth in
                                              repurchase = 1755 hours.                                using the NASDAQ Options Market                        NOM Rules Chapter VI, Section 8. ITTO is the
                                                 3 The $334/hour figure for a compliance attorney     (‘‘NOM’’), NASDAQ’s facility for                       options equivalent of the NASDAQ TotalView/
                                              is from SIFMA’s Management & Professional               executing and routing standardized                     ITCH data feed that NASDAQ offers under
                                              Earnings in the Securities Industry 2013, modified      equity and index options.                              NASDAQ Rule 7023 with respect to equities traded
                                              by Commission staff to account for an 1800-hour                                                                on NASDAQ. As with TotalView, members use
                                              work-year and multiplied by 5.35 to account for            While the changes proposed herein                   ITTO to ‘‘build’’ their view of the NOM book by
                                              bonuses, firm size, employee benefits and overhead.     are effective upon filing, the Exchange                adding individual orders that appear on the feed,
                                                 4 The $64/hour figure for a compliance clerk is      has designated the amendments become                   and subtracting individual orders that are executed.
                                              from SIFMA’s Office Salaries in the Securities          operative on April 1, 2015.                            See Chapter VI, Section 1 at subsection (a)(3)(A).
                                              Industry 2013, modified by Commission staff to             The text of the proposed rule change                   6 BONOSM is a data feed that provides the NOM
                                              account for an 1800-hour work-year and multiplied                                                              Best Bid and Offer (‘‘NOM NBBO’’) and last sale
                                              by 2.93 to account for bonuses, firm size, employee     is available on the Exchange’s Web site                information for trades executed on NOM. The NOM
tkelley on DSK4VPTVN1PROD with NOTICES




                                              benefits and overhead.                                  at http://www.nasdaq.                                  NBBO and last sale information are identical to the
                                                 5 This estimate is based on the following            cchwallstreet.com, at the principal                    information that NOM sends to the Options Price
                                              calculation: 702 repurchases × $295 per repurchase      office of the Exchange, and at the                     Regulatory Authority (‘‘OPRA’’) and which OPRA
                                              = $207,090.                                                                                                    disseminates via the consolidated data feed for
                                                 6 In addition, Item 9 of Form N–CSR requires
                                                                                                      Commission’s Public Reference Room.                    options. BONO is the options equivalent of the
                                              closed-end funds to disclose information similar to                                                            NASDAQ Basic data feed offered for equities under
                                                                                                        1 15   U.S.C. 78s(b)(1).
                                              the information that was required in Form N–23C–                                                               NASDAQ Rule 7047. See Chapter VI, Section 1 at
                                              1, which was discontinued in 2004.                        2 17   CFR 240.19b–4.                                subsection (a)(3)(B).



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                                                                              Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices                                               18451

                                              Entry DROP Port Fees 7 and OTTO Drop                    mnemonic for the OTTO Port and per                         The Exchange believes that increasing
                                              Ports.8 The OTTO Port 9 will be                         port, per month for the SQF port. All                   the Order Entry Ports, CTI Ports, ITTO
                                              increased from $600.00 to $750.00 per                   other port fees (Order Entry Port, CTI                  Ports, BONO Ports, Order Entry DROP
                                              port, per month, per mnemonic, and the                  Port, ITTO Port, BONO Port, Order                       Port and OTTO DROP Port fees from
                                              SQF Port 10 will be increased from                      Entry DROP Port and OTTO Drop Ports)                    $600 to $650 per port, per month, per
                                              $600.00 to $750.00 per port, per month.                 will increase from $600.00 to $650.00                   mnemonic is equitable and not unfairly
                                              ITTO and BONO Port fees will continue                   per port, per month, per mnemonic.                      discriminatory because the Exchange
                                              to be assessed to non-NOM Participants                  NOM Market Makers utilize OTTO and                      assesses the same fees for all ports to all
                                              and NOM Participants.                                   SQF ports for their market making                       NOM participants.
                                                Each NOM Participant is assigned a                    business, which ports require a greater                    The Exchange believes that increasing
                                              market participant identifier or                        throughput as compared to the other                     the OTTO Port and SQF Port Fees from
                                              ‘‘mnemonic’’ 11 and in some cases,                      ports mentioned herein. The Exchange                    $600 to $750 is reasonable because it
                                              certain NOM Participants request                        expends greater resources to provide the                would allow the Exchange to keep pace
                                              multiple mnemonics for purposes of                      OTTO and SQF ports, which is the                        with increasing technology costs. NOM
                                              accounting for trading activity. These                  reason for the increased fee for these                  Market Makers utilize the OTTO and
                                              mnemonics identify users at a particular                ports as compared to other ports.                       SQF ports, which ports require a greater
                                              NOM Participant. The Exchange bills its                                                                         throughput as compared to the other
                                              port fees based on the number of                        2. Statutory Basis                                      ports mentioned herein. The Exchange
                                              mnemonics configured for each port. By                     NASDAQ believes that the proposed                    expends greater resources to provide the
                                              way of example, if a NOM Participant,                   rule change is consistent with the                      OTTO and SQF ports, which is the
                                              ABC, requested 2 ports from the                         provisions of Section 6 of the Act,13 in                reason for the increased fee as compared
                                              Exchange and further requested that                     general, and with Section 6(b)(4) and                   to other ports. The increased Port Fees
                                              each port be configured to be accessed                  6(b)(5) of the Act,14 in particular, in that            reflect the increased costs that the
                                              by 4 mnemonics or in some cases                         it provides for the equitable allocation                Exchange bears with respect to
                                              account numbers,12 the NOM                              of reasonable dues, fees and other                      maintaining ports. The Port Fees are
                                              Participant, today, would be billed for 8               charges among members and issuers and                   reasonable because they enable the
                                              ports at the rate of $600 per port for that             other persons using any facility or                     Exchange to offset, in part, its
                                              month. All billing is captured at the                   system which NASDAQ operates or                         connectivity costs associated with
                                              Participant level. NOM Participants may                 controls, and is not designed to permit                 making such NOM Market Maker ports
                                              choose to have multiple mnemonics or                    unfair discrimination between                           available, including costs based on
                                              in some case multiple account numbers                   customers, issuers, brokers, or dealers.                gateway software and hardware
                                              for the convenience of conducting their                                                                         enhancements and resources dedicated
                                                                                                         The Exchange believes that increasing
                                              business, however only one mnemonic                                                                             to gateway development, quality
                                                                                                      the Order Entry Port, CTI Port, ITTO
                                              and one account number is required to                                                                           assurance, and support. The Exchange’s
                                                                                                      Port, BONO Port, Order Entry DROP
                                              conduct business on NOM. The                                                                                    Port Fees are in line with costs for ports
                                                                                                      Port and OTTO DROP Port fees from
                                              aforementioned will not apply to SQF                                                                            at other options exchanges.16
                                                                                                      $600 to $650 per port, per month, per                      The Exchange believes that increasing
                                              ports, which are not billed by
                                                                                                      mnemonic is reasonable because it                       the OTTO Port and SQF Port Fees from
                                              mnemonic.
                                                The Exchange is proposing to increase                 would allow the Exchange to keep pace                   $600 to $750 is equitable and not
                                              OTTO and SQF Ports from $600.00 to                      with increasing technology costs. The                   unfairly discriminatory because the
                                              $750.00, per port, per month, per                       increased Port Fees reflect the increased               Exchange assesses the same fees for
                                                                                                      costs that the Exchange bears with                      these ports which are utilized by NOM
                                                 7 The DROP interface provides real time              respect to maintaining ports. The Port                  Market Makers for any NOM market
                                              information regarding orders sent to NOM and            Fees are reasonable because they enable                 participant desiring these ports.
                                              executions that occurred on NOM. The DROP               the Exchange to offset, in part, its
                                              interface is not a trading interface and does not       connectivity costs associated with                      B. Self-Regulatory Organization’s
                                              accept order messages.
                                                 8 The OTTO DROP data feed provides real-time         making such ports available, including                  Statement on Burden on Competition
                                              information regarding orders entered through OTTO       costs based on gateway software and                        NASDAQ does not believe that the
                                              and the execution of those orders. The OTTO DROP        hardware enhancements and resources                     proposed rule change will impose any
                                              data feed is not a trading interface and does not       dedicated to gateway development,
                                              accept order messages.
                                                                                                                                                              burden on competition not necessary or
                                                 9 OTTO provides a method for subscribers to send     quality assurance, and support. The                     appropriate in furtherance of the
                                              orders and receive status updates on those orders.      Exchange’s Port Fees are in line with                   purposes of the Act. The Exchange
                                              OTTO accepts limit orders from system subscribers,      costs for ports at other options                        believes the proposed fee change is
                                              and if there is a matching order, the orders will       exchanges.15
                                              execute. Non-matching orders are added to the limit
                                                                                                                                                              reasonably designed to be fair and
                                              order book, a database of available limit orders,                                                               equitable, and therefore, will not unduly
                                              where they are matched in price-time priority.            13 15 U.S.C. 78f.                                     burden any particular group of market
                                                                                                        14 15 U.S.C. 78f(b)(4) and (5).
                                                 10 SQF ports are ports that receive inbound quotes
                                                                                                                                                              participants trading on the Exchange.
                                              at any time within that month. The SQF Port allows         15 Miami International Securities Exchange LLC
                                                                                                                                                              The Exchange’s proposal to increase all
                                              a NOM Participant to access information such as         (‘‘MIAX’’) assesses ports fees that range in price up
                                              execution reports and other relevant data through       to $1,000 depending on connectivity levels. See         port fees for all NOM Participants with
                                              a single feed. For example, this data would show        MIAX’s Fee Schedule. ISE Gemini, LLC (‘‘ISE             respect to the Order Entry Port, CTI
                                              which symbols are trading on NOM and the current        Gemini’’) assesses port fees that range from $750–      Port, ITTO Port, BONO Port, Order
                                              state of an options symbol (i.e., open for trading,     $15,000 depending on connectivity levels. See ISE
                                              trading, halted or closed). Auction notifications and
                                                                                                                                                              Entry DROP Port and OTTO DROP Port
                                                                                                      Gemini’s Fee Schedule. Finally, C2 Options
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                                              execution reports are also available. NOM Market        Exchange, Incorporated (‘‘C2’’) assesses port fees      fees from $600 to $650 does not create
                                              Makers rely on data available through the SQF Port      that range from $500–$1,000 depending on                an undue burden on competition. The
                                              to provide them the necessary information to            connectivity levels. See C2’s Fee Schedule. See also    proposed fees are designed to ensure a
                                              perform market making activities.                       NASDAQ OMX PHLX LLC’s (‘‘Phlx’’) Pricing
                                                 11 A mnemonic is a unique identifier consisting
                                                                                                                                                              fair and reasonable use of Exchange
                                                                                                      Schedule. Phlx assesses higher fees which range
                                              of a four character alpha code.                         from $2,500 to $15,000 for its Active SQF Port          resources by allowing the Exchange to
                                                 12 Account numbers are assigned by the Exchange      which is utilized by Phlx market makers as
                                              and associated with particular NOM Participants.        compared to $550 for Order Entry Ports.                  16 Id.




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                                              18452                                Federal Register / Vol. 80, No. 65 / Monday, April 6, 2015 / Notices

                                              recoup for certain of its connectivity                       • Send an email to rule-comments@                   SECURITIES AND EXCHANGE
                                              costs, while continuing to offer                           sec.gov. Please include File Number SR–               COMMISSION
                                              competitive rates to NOM Participants.                     NASDAQ–2015–027 on the subject line.
                                                                                                                                                               [Release No. 34–74618; File No. SR–Phlx–
                                                With respect to the OTTO Port and
                                                                                                         Paper Comments                                        2015–29]
                                              SQF Port Fees, the increase in the port
                                              fees from $600 to $750 is greater. These                     • Send paper comments in triplicate                 Self-Regulatory Organizations;
                                              ports are utilized by NOM Market                                                                                 NASDAQ OMX PHLX LLC; Notice of
                                                                                                         to Brent J. Fields, Secretary, Securities
                                              Makers in connection with marking                                                                                Proposed Rule Change To Amend and
                                                                                                         and Exchange Commission, 100 F Street
                                              markets. NOM Market Makers utilize                                                                               Restate Certain Rules That Govern the
                                              the OTTO and SQF ports, which ports                        NE., Washington, DC 20549–1090.
                                                                                                                                                               NASDAQ OMX PSX
                                              require a greater throughput as                            All submissions should refer to File
                                              compared to the other ports mentioned                      Number SR–NASDAQ–2015–027. This                       March 31, 2015.
                                              herein. The Exchange expends greater                       file number should be included on the                    Pursuant to Section 19(b)(1) of the
                                              resources to provide the OTTO and SQF                      subject line if email is used. To help the            Securities Exchange Act of 1934
                                              ports, which is the reason for the                                                                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                         Commission process and review your
                                              increased fee as compared to other                                                                               notice is hereby given that on March 20,
                                                                                                         comments more efficiently, please use
                                              ports. The increased Port Fees reflect                                                                           2015, NASDAQ OMX PHLX LLC
                                                                                                         only one method. The Commission will                  (‘‘Phlx’’ or ‘‘Exchange’’) filed with the
                                              the increased costs that the Exchange                      post all comments on the Commission’s
                                              bears with respect to maintaining ports.                                                                         Securities and Exchange Commission
                                                                                                         Internet Web site (http://www.sec.gov/                (‘‘SEC’’ or ‘‘Commission’’) the proposed
                                              The Exchange does not believe these fee                    rules/sro.shtml). Copies of the
                                              increases create an undue burden on                                                                              rule change as described in Items I, II,
                                                                                                         submission, all subsequent                            and III below, which Items have been
                                              competition. Moreover, the Exchange
                                                                                                         amendments, all written statements                    prepared by the Exchange. The
                                              believes that its fee increases are
                                              competitive with similar fees at other                     with respect to the proposed rule                     Commission is publishing this notice to
                                              options exchanges.17                                       change that are filed with the                        solicit comments on the proposed rule
                                                                                                         Commission, and all written                           change from interested persons.
                                              C. Self-Regulatory Organization’s                          communications relating to the
                                              Statement on Comments on the                                                                                     I. Self-Regulatory Organization’s
                                                                                                         proposed rule change between the                      Statement of the Terms of Substance of
                                              Proposed Rule Change Received From                         Commission and any person, other than
                                              Members, Participants, or Others                                                                                 the Proposed Rule Change
                                                                                                         those that may be withheld from the
                                                No written comments were either                          public in accordance with the                            PHLX proposes to amend and restate
                                              solicited or received.                                     provisions of 5 U.S.C. 552, will be                   certain rules that govern NASDAQ OMX
                                                                                                                                                               PSX (‘‘PSX’’) in order to provide a
                                              III. Date of Effectiveness of the                          available for Web site viewing and
                                                                                                                                                               clearer and more detailed description of
                                              Proposed Rule Change and Timing for                        printing in the Commission’s Public
                                                                                                                                                               certain aspects of its functionality. The
                                              Commission Action                                          Reference Room, 100 F Street NE.,                     text of the proposed rule change is
                                                                                                         Washington, DC 20549, on official                     available at nasdaq.cchwallstreet.com,
                                                 The foregoing rule change has become                    business days between the hours of 10
                                              effective pursuant to Section                                                                                    at the Exchange’s principal office, and at
                                                                                                         a.m. and 3 p.m. Copies of the filing also             the Commission’s Public Reference
                                              19(b)(3)(A)(ii) of the Act.18 At any time
                                                                                                         will be available for inspection and                  Room.
                                              within 60 days of the filing of the
                                                                                                         copying at the principal office of the
                                              proposed rule change, the Commission                                                                             II. Self-Regulatory Organization’s
                                                                                                         Exchange. All comments received will
                                              summarily may temporarily suspend                                                                                Statement of the Purpose of, and
                                              such rule change if it appears to the                      be posted without change; the
                                                                                                                                                               Statutory Basis for, the Proposed Rule
                                              Commission that such action is                             Commission does not edit personal
                                                                                                                                                               Change
                                              necessary or appropriate in the public                     identifying information from
                                                                                                         submissions. You should submit only                      In its filing with the Commission,
                                              interest, for the protection of investors,                                                                       Phlx included statements concerning
                                              or otherwise in furtherance of the                         information that you wish to make
                                                                                                         available publicly. All submissions                   the purpose of and basis for the
                                              purposes of the Act. If the Commission                                                                           proposed rule change and discussed any
                                              takes such action, the Commission shall                    should refer to File Number SR–
                                                                                                         NASDAQ–2015–027 and should be                         comments it received on the proposed
                                              institute proceedings to determine                                                                               rule change. The text of these statements
                                              whether the proposed rule should be                        submitted on or before April 27, 2015.
                                                                                                                                                               may be examined at the places specified
                                              approved or disapproved.                                     For the Commission, by the Division of              in Item IV below. Phlx has prepared
                                              IV. Solicitation of Comments                               Trading and Markets, pursuant to delegated            summaries, set forth in Sections A, B,
                                                                                                         authority.19                                          and C below, of the most significant
                                                Interested persons are invited to
                                              submit written data, views, and                            Brent J. Fields,                                      aspects of such statements.
                                              arguments concerning the foregoing,                        Secretary.                                            A. Self-Regulatory Organization’s
                                              including whether the proposed rule                        [FR Doc. 2015–07749 Filed 4–3–15; 8:45 am]            Statement of the Purpose of, and
                                              change is consistent with the Act.                         BILLING CODE 8011–01–P                                Statutory Basis for, the Proposed Rule
                                              Comments may be submitted by any of                                                                              Change
                                              the following methods:
                                                                                                                                                               1. Purpose
                                              Electronic Comments
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                                                                                                                                                                  The Exchange proposes to amend and
                                                • Use the Commission’s Internet                                                                                restate certain Exchange rules that
                                              comment form (http://www.sec.gov/                                                                                govern PSX in order to provide a clearer
                                              rules/sro.shtml); or                                                                                             and more detailed description of certain
                                                17 See   note 15.                                                                                                1 15   U.S.C. 78s(b)(1).
                                                18 15   U.S.C. 78s(b)(3)(A)(ii).                           19 17   CFR 200.30–3(a)(12).                          2 17   CFR 240.19b–4.



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Document Created: 2015-12-18 11:18:15
Document Modified: 2015-12-18 11:18:15
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 18450 

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