80_FR_31191 80 FR 31087 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Exchange's Pricing Schedule Under Section VIII With Respect to Execution and Routing of Orders in Securities Priced at $1 or More Per Share

80 FR 31087 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Exchange's Pricing Schedule Under Section VIII With Respect to Execution and Routing of Orders in Securities Priced at $1 or More Per Share

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 104 (June 1, 2015)

Page Range31087-31090
FR Document2015-13072

Federal Register, Volume 80 Issue 104 (Monday, June 1, 2015)
[Federal Register Volume 80, Number 104 (Monday, June 1, 2015)]
[Notices]
[Pages 31087-31090]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13072]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75041; File No. SR-Phlx-2015-45]


Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change Relating to 
the Exchange's Pricing Schedule Under Section VIII With Respect to 
Execution and Routing of Orders in Securities Priced at $1 or More Per 
Share

May 26, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on May 18, 2015, NASDAQ OMX PHLX LLC (``Phlx'' 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 the 
Substance of the Proposed Rule Change

    The Exchange proposes to amend the Exchange's Pricing Schedule 
under Section VIII, entitled ``NASDAQ OMX PSX FEES,'' with respect to 
execution and routing of orders in securities priced at $1 or more per 
share.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqomxphlx.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 purpose of the proposed rule change is to amend certain charges 
and fees for order execution and routing applicable to the use of the 
order execution and routing services of the NASDAQ OMX PSX System 
(``PSX'') by member organizations for all securities traded at $1 or 
more per share.
    Specifically, the charge to a member organization that executes in 
PSX will increase to $0.0029 per share executed regardless of where the 
shares are listed. This means an increase from: (i) $0.0026 to $0.0029 
per share executed for shares executed in The NASDAQ Stock Market LLC 
(``Nasdaq'')-listed securities; (ii) $0.0025 to $0.0029 per share 
executed for shares executed in New York Stock Exchange (``NYSE'')-
listed securities; and (iii) $0.0026 to $0.0029 per share executed for 
shares in securities listed on exchanges other than Nasdaq or NYSE. The 
Exchange believes that these increases enable it to balance the need to 
fund credits and operational costs.
    The Exchange will also increase certain credits to member 
organizations that provide liquidity through PSX. Specifically, the 
credit to a member organization that executes in PSX for a displayed 
quote/order will increase from $0.0025 to $0.0028 per share executed 
for quotes/orders entered by a member organization that provides and 
accesses 0.35% or more of Consolidated Volume during the month--
previously this rate required adding 0.12% of Consolidated Volume. The 
term ``accesses'' is another way of saying taking liquidity. This 
change also eliminates the requirements that (i) the quote/order is 
entered through a PSX Market Participant ID (``MPID'') through which 
the member organization displays, on average over the course of the 
month, 100 shares or more at the national best bid and/or national best 
offer at least 25% of the time during regular market hours in the 
security that is the subject of the quote/order, or (ii) the member 
organization displays, on average over the course of the month, 100 
shares or more at the national best bid and/or national best offer at 
least 25% of the time during regular market hours in 500 or more 
securities. The Exchange believes that eliminating these requirements 
will encourage firms to participate in PSX by allowing their 
participation in the market to define the credit rate they receive.
    The Exchange will also increase the credit to a member organization 
that

[[Page 31088]]

executes in PSX for a displayed quote/order from $0.0024 to $0.0027 per 
share executed for quotes/orders entered by a member organization that 
provides and accesses 0.25% or more of Consolidated Volume during the 
month--previously this rate required adding 0.04% of Consolidated 
Volume.
    The Exchange will similarly increase the credit to a member 
organization that executes in PSX for a displayed quote/order from 
$0.0021 to $0.0025 per share executed for quotes/orders entered by a 
member organization that provides and accesses 0.05% or more of 
Consolidated Volume during the month--previously this required that the 
member organization provide an average daily volume of 100,000 or more.
    The Exchange is also adding a new tier for displayed quotes/orders 
of $0.0023 per share executed for quotes/orders entered by a member 
organization that provides and accesses daily volume of 100,000 or more 
shares during the month.
    The Exchange will also increase the credit to a member organization 
that executes in PSX for all other displayed quotes/orders from $0.0015 
to $0.0020 per share executed.
    The Exchange is also adding another new tier for displayed quotes/
orders with an order size of 2,000 or more shares that will receive a 
$0.0001 credit in addition to the credits discussed above. Orders 
modified by the PSX participant entering the order or by the PSX System 
processes so that after such modification the unexecuted order size is 
below 2,000 shares will no longer qualify as an order of 2,000 or more 
shares.
    The Exchange is also adding a new credit tier for non-displayed 
orders of a $0.0015 per share executed credit for orders with midpoint 
pegging that provide liquidity entered by a member organization that 
provides 1,000,000 shares or more average daily volume of non-displayed 
liquidity during the month.
    Finally, the Exchange is clarifying that the credit tier for non-
displayed orders of $0.0010 per share executed will continue to apply 
to all other orders with midpoint pegging that provide liquidity.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6 of the Act,\3\ in general, and with 
Section 6(b)(4) and 6(b)(5) of the Act,\4\ 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 not 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f.
    \4\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The proposed increases to the credits and charges in the fee 
schedule under the Exchange's Pricing Schedule under Section VIII are 
reflective of the Exchange's ongoing efforts to use pricing incentive 
programs to attract order flow to the Exchange and improve market 
quality. The goal of these pricing incentives is to provide meaningful 
incentives for members to increase their participation on the Exchange.
    First, the Exchange is proposing modest increases to the charges 
that a member organization entering an order that executes in PSX from: 
(i) $0.0026 to $0.0029 per share executed for shares executed in 
Nasdaq-listed securities; (ii) $0.0025 to $0.0029 per share executed 
for shares executed in NYSE-listed securities; and (iii) $0.0026 to 
$0.0029 per share executed for shares in securities listed on exchanges 
other than Nasdaq or NYSE. The Exchange believes that these modest 
increases are reasonable because they reflect the Exchange's need to 
adjust its credits and fees in response to the costs and benefits 
provided by the Exchange. Additionally, these modest increases are 
reasonable because the Exchange is able to balance the need to fund 
credits and operational costs.
    The Exchange also believes that the proposed changes are consistent 
with an equitable allocation of fees and are not unfairly 
discriminatory because they apply to all member organizations that 
enter orders that execute in PSX and affects all members equally in the 
same way.
    Next, the Exchange proposes to increase the credit to a member 
organization that executes in PSX for a displayed quote/order from 
$0.0025 to $0.0028 per share executed for quotes/orders entered by a 
member organization that provides and accesses 0.35% or more of 
Consolidated Volume during the month (previously this rate required 
adding 0.12% of Consolidated Volume) and eliminate the requirements 
that (i) the quote/order is entered through a PSX MPID through which 
the member organization displays, on average over the course of the 
month, 100 shares or more at the national best bid and/or national best 
offer at least 25% of the time during regular market hours in the 
security that is the subject of the quote/order, or (ii) the member 
organization displays, on average over the course of the month, 100 
shares or more at the national best bid and/or national best offer at 
least 25% of the time during regular market hours in 500 or more 
securities. The Exchange believes these changes are reasonable because 
increasing the credit and replacing the qualifying requirements with a 
single increased ``provides and accesses Consolidated Volume'' 
requirement provides member organizations with a simpler, less 
confusing process for determining eligibility for the credit. 
Additionally, the Exchange believes increasing this pricing incentive 
will provide meaningful incentives for members to increase their 
participation on the Exchange. The Exchange believes including 
``accesses'' as part of the criteria will increase the quality of the 
market by allowing firms to decide how to participate most meaningfully 
on PSX. The requirement to provide and access 0.35% is reasonable 
because by achieving this activity level firms will be improving the 
market quality on PSX and thus receive a correspondingly higher credit 
than those firms that do not participate as actively on PSX. The 
Exchange also believes that the proposed rule change is consistent with 
an equitable allocation of fees and is not unfairly discriminatory 
because it affects all members equally and in the same way.
    The Exchange also proposes to increase the credit to a member 
organization that executes in PSX for a displayed quote/order from 
$0.0024 to $0.0027 per share executed for quotes/orders entered by a 
member organization that provides and accesses 0.25% or more of 
Consolidated Volume during the month--previously this rate required 
adding 0.04% of Consolidated Volume. The Exchange believes the proposed 
change is reasonable because increasing this pricing incentive will 
provide meaningful incentives for members to increase their 
participation on the Exchange. The Exchange believes including 
``accesses'' as part of the criteria will increase the quality of the 
market by allowing firms to decide how to participate most meaningfully 
on PSX. The requirement to provide and access 0.25% is reasonable 
because by achieving this activity level firms will be improving the 
market quality on PSX and thus receive a correspondingly higher credit 
than those firms that do not participate as actively on PSX. The 
Exchange also believes that the proposed rule change is consistent with 
an equitable allocation of fees and is not unfairly discriminatory 
because it affects all members equally and in the same way.

[[Page 31089]]

    Additionally, the Exchange proposes to increase the credit to a 
member organization that executes in PSX for a displayed quote/order 
from $0.0021 to $0.0025 per share executed for quotes/orders entered by 
a member organization that provides and accesses 0.05% or more of 
Consolidated Volume during the month--previously this required that the 
member organization provide an average daily volume of 100,000 or more. 
The Exchange believes the proposed rule change is reasonable because 
increasing this pricing incentive will provide meaningful incentives 
for members to increase their participation on the Exchange. The 
Exchange believes including ``accesses'' as part of the criteria will 
increase the quality of the market by allowing firms to decide how to 
participate most meaningfully on PSX. The requirement to provide and 
access 0.05% is reasonable because by achieving this activity level 
firms will be improving the market quality on PSX and thus receive a 
correspondingly higher credit than those firms that do not participate 
as actively on PSX. The Exchange also believes that the proposed rule 
change is consistent with an equitable allocation of fees and is not 
unfairly discriminatory because it affects all members equally and in 
the same way.
    The Exchange also proposes to add a new tier for displayed quotes/
orders. The new credit tier is $0.0023 per share executed for quotes/
orders entered by a member organization that provides and accesses 
daily volume of 100,000 or more shares during the month. The Exchange 
believes the proposed rule change is reasonable because this new credit 
tier will provide an additional meaningful incentive for members to 
increase their participation on the Exchange. The Exchange also 
believes that the proposed rule change is consistent with an equitable 
allocation of fees and is not unfairly discriminatory because it 
affects all members equally and in the same way.
    The Exchange believes that the proposed rule change to increase the 
credit to a member organization that executes in PSX for all other 
displayed quotes/orders from $0.0015 to $0.0020 per share executed is 
reasonable because increasing this pricing incentive will provide a 
meaningful incentive for members to increase their participation on the 
Exchange. The Exchange also believes that the proposed rule change is 
consistent with an equitable allocation of fees and is not unfairly 
discriminatory because it affects all members equally and in the same 
way.
    The Exchange proposes to add another new tier for displayed quotes/
orders size of 2,000 or more shares that will receive a $0.0001 credit 
in addition to the credits discussed above. Orders modified by the PSX 
participant entering the order or by the PSX System processes so that 
after such modification the unexecuted order size is below 2,000 shares 
will no longer qualify as an order of 2,000 or more shares. The 
Exchange believes the proposed rule change is reasonable because this 
new credit tier will provide an additional meaningful incentive for 
members to increase their participation on the Exchange. The Exchange 
also believes that the proposed rule change is consistent with an 
equitable allocation of fees and is not unfairly discriminatory because 
it affects all members equally and in the same way by allowing members 
to receive an additional $0.0001 credit per share executed in addition 
to the credits previously discussed by using relatively large orders of 
2,000 or more shares.
    The Exchange believes that the proposed rule change to add a new 
credit tier for non-displayed orders of $0.0015 per share executed for 
orders with midpoint pegging that provide liquidity entered by a member 
organization that provides 1,000,000 shares or more average daily 
volume of non-displayed liquidity during the month change is reasonable 
because this new credit tier will provide an additional meaningful 
incentive for members to increase their participation on the Exchange. 
The Exchange also believes that the proposed rule change is consistent 
with an equitable allocation of fees and is not unfairly discriminatory 
because the new credit tier is uniformly available to all members and 
affects all members equally and in the same way.
    The Exchange also believes that the proposed rule change clarify 
that the credit tier for non-displayed orders of $0.0010 per share 
executed will continue to apply to all other orders with midpoint 
pegging that provide liquidity is reasonable because it clarifies the 
treatment of all other orders with midpoint pegging that provide 
liquidity with the addition of the new credit tier discussed in the 
paragraph immediately above. The Exchange also believes that the 
proposed rule change is consistent with an equitable allocation of fees 
and is not unfairly discriminatory because it affects all members 
equally and in the same way.

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.\5\ 
Phlx notes that it operates in a highly competitive market in which 
market participants can readily favor dozens of different competing 
exchanges and alternative trading systems if they deem charges at a 
particular venue to be excessive, or credit opportunities available at 
other venues to be more favorable. In such an environment, the Exchange 
must continually adjust its charges and credits to remain competitive 
with other exchanges. Because competitors are free to modify their own 
charges and credits in response, and because market participants may 
readily adjust their order routing practices, the Exchange believes 
that the degree to which changes to charges and credits in this market 
may impose any burden on competition is extremely limited.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    In this instance, the changes to charges and credits do not impose 
a burden on competition because the Exchange membership is optional and 
is the subject of competition from other exchanges. The increased 
credits and charges are reflective of the intent to increase the order 
flow on the Exchange. 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 
the Exchange will lose market share as a result of the changes if they 
are unattractive to market participants.
    Accordingly, Phlx 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 rule change has become effective pursuant to Section

[[Page 31090]]

19(b)(3)(A)(ii) of the Act.\6\ 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.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

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-Phlx-2015-45 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-Phlx-2015-45. 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-Phlx-2015-45, and should be 
submitted on or before June 22, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-13072 Filed 5-29-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices                                             31087

                                             proposed rule change would eliminate                      SECURITIES AND EXCHANGE                                A. Self-Regulatory Organization’s
                                             the requirement for dealers to include                    COMMISSION                                             Statement of the Purpose of, and
                                             yield on customer trade reports. The                                                                             Statutory Basis for, the Proposed Rule
                                             Commission believes that this would                       [Release No. 34–75041; File No. SR–Phlx–               Change
                                             remove one aspect of a dealer’s burden                    2015–45]                                               1. Purpose
                                             in reporting customer transactions to the
                                                                                                       Self-Regulatory Organizations;                            The purpose of the proposed rule
                                             MSRB in compliance with MSRB Rule
                                                                                                       NASDAQ OMX PHLX LLC; Notice of                         change is to amend certain charges and
                                             G–14. Furthermore, the MSRB has
                                                                                                                                                              fees for order execution and routing
                                             revised its implementation schedule in                    Filing and Immediate Effectiveness of
                                                                                                                                                              applicable to the use of the order
                                             response to comments from BDA and                         Proposed Rule Change Relating to the
                                                                                                                                                              execution and routing services of the
                                             SIFMA, which would likely provide                         Exchange’s Pricing Schedule Under
                                                                                                                                                              NASDAQ OMX PSX System (‘‘PSX’’) by
                                             dealers and subscribers with nearly nine                  Section VIII With Respect to Execution
                                                                                                                                                              member organizations for all securities
                                             months to make necessary system                           and Routing of Orders in Securities
                                                                                                                                                              traded at $1 or more per share.
                                             changes after publication by the MSRB                     Priced at $1 or More Per Share                            Specifically, the charge to a member
                                             of the technical specifications. This                     May 26, 2015.                                          organization that executes in PSX will
                                             accommodation would likely provide                                                                               increase to $0.0029 per share executed
                                             dealers and subscribers with sufficient                      Pursuant to Section 19(b)(1) of the                 regardless of where the shares are listed.
                                             time to make any required changes in                      Securities Exchange Act of 1934 (the                   This means an increase from: (i) $0.0026
                                             due course without causing adverse                        ‘‘Act’’),1 and Rule 19b–4 thereunder,2                 to $0.0029 per share executed for shares
                                                                                                       notice is hereby given that on May 18,                 executed in The NASDAQ Stock Market
                                             disruptions. The Commission does not
                                                                                                       2015, NASDAQ OMX PHLX LLC                              LLC (‘‘Nasdaq’’)-listed securities; (ii)
                                             believe that the proposed rule change
                                                                                                       (‘‘Phlx’’ or ‘‘Exchange’’) filed with the              $0.0025 to $0.0029 per share executed
                                             would impose any burden on
                                                                                                       Securities and Exchange Commission                     for shares executed in New York Stock
                                             competition not necessary or                              (‘‘SEC’’ or ‘‘Commission’’) the proposed
                                             appropriate in furtherance of the                                                                                Exchange (‘‘NYSE’’)-listed securities;
                                                                                                       rule change as described in Items I, II,               and (iii) $0.0026 to $0.0029 per share
                                             purposes of the Act because the                           and III below, which Items have been                   executed for shares in securities listed
                                             requirements of the proposed rule                         prepared by the Exchange. The                          on exchanges other than Nasdaq or
                                             change would apply equally to all                         Commission is publishing this notice to                NYSE. The Exchange believes that these
                                             dealers who report trade information to                   solicit comments on the proposed rule                  increases enable it to balance the need
                                             RTRS.                                                     change from interested persons.                        to fund credits and operational costs.
                                                As noted above, the Commission                                                                                   The Exchange will also increase
                                                                                                       I. Self-Regulatory Organization’s
                                             received three comment letters on the                                                                            certain credits to member organizations
                                                                                                       Statement of the Terms of the Substance
                                             filing. The Commission believes that the                                                                         that provide liquidity through PSX.
                                                                                                       of the Proposed Rule Change
                                             MSRB considered carefully and                                                                                    Specifically, the credit to a member
                                             responded adequately to comments and                         The Exchange proposes to amend the                  organization that executes in PSX for a
                                             concerns regarding the proposed rule                      Exchange’s Pricing Schedule under                      displayed quote/order will increase
                                             change. Although one commenter                            Section VIII, entitled ‘‘NASDAQ OMX                    from $0.0025 to $0.0028 per share
                                             suggested changes and opposed certain                     PSX FEES,’’ with respect to execution                  executed for quotes/orders entered by a
                                                                                                       and routing of orders in securities                    member organization that provides and
                                             aspects of the proposed rule change, the
                                                                                                       priced at $1 or more per share.                        accesses 0.35% or more of Consolidated
                                             Commission notes that no commenters
                                                                                                                                                              Volume during the month—previously
                                             argued that the proposed rule change                         The text of the proposed rule change                this rate required adding 0.12% of
                                             was inconsistent with the applicable                      is available on the Exchange’s Web site                Consolidated Volume. The term
                                             provisions of the Act.                                    at http://                                             ‘‘accesses’’ is another way of saying
                                                For the reasons noted above,                           nasdaqomxphlx.cchwallstreet.com/, at                   taking liquidity. This change also
                                             including those discussed in the MSRB                     the principal office of the Exchange, and              eliminates the requirements that (i) the
                                             Response Letter, the Commission                           at the Commission’s Public Reference                   quote/order is entered through a PSX
                                                                                                       Room.                                                  Market Participant ID (‘‘MPID’’) through
                                             believes that the proposed rule change
                                             is consistent with the Act.                               II. Self-Regulatory Organization’s                     which the member organization
                                                                                                       Statement of the Purpose of, and                       displays, on average over the course of
                                             V. Conclusion                                                                                                    the month, 100 shares or more at the
                                                                                                       Statutory Basis for, the Proposed Rule
                                               It is therefore ordered, pursuant to                    Change                                                 national best bid and/or national best
                                                                                                                                                              offer at least 25% of the time during
                                             Section 19(b)(2) of the Act,70 that the                     In its filing with the Commission, the               regular market hours in the security that
                                             proposed rule change (SR–MSRB–2015–                       Exchange included statements                           is the subject of the quote/order, or (ii)
                                             02) be, and hereby is, approved.                          concerning the purpose of and basis for                the member organization displays, on
                                               For the Commission, pursuant to delegated               the proposed rule change and discussed                 average over the course of the month,
                                             authority.71                                              any comments it received on the                        100 shares or more at the national best
                                             Robert W. Errett,                                         proposed rule change. The text of these                bid and/or national best offer at least
                                             Deputy Secretary.                                         statements may be examined at the                      25% of the time during regular market
                                             [FR Doc. 2015–13082 Filed 5–29–15; 8:45 am]
                                                                                                       places specified in Item IV below. The                 hours in 500 or more securities. The
Lhorne on DSK2VPTVN1PROD with NOTICES




                                                                                                       Exchange has prepared summaries, set                   Exchange believes that eliminating these
                                             BILLING CODE 8011–01–P
                                                                                                       forth in sections A, B, and C below, of                requirements will encourage firms to
                                                                                                       the most significant aspects of such                   participate in PSX by allowing their
                                                                                                       statements.                                            participation in the market to define the
                                                                                                                                                              credit rate they receive.
                                               70 15   U.S.C. 78s(b)(2).                                1 15   U.S.C. 78s(b)(1).                                 The Exchange will also increase the
                                               71 17   CFR 200.30–3(a)(12).                             2 17   CFR 240.19b–4.                                 credit to a member organization that


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                                             31088                                Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices

                                             executes in PSX for a displayed quote/                     of reasonable dues, fees and other                    more at the national best bid and/or
                                             order from $0.0024 to $0.0027 per share                    charges among members and issuers and                 national best offer at least 25% of the
                                             executed for quotes/orders entered by a                    other persons using any facility or                   time during regular market hours in 500
                                             member organization that provides and                      system which the Exchange operates or                 or more securities. The Exchange
                                             accesses 0.25% or more of Consolidated                     controls, and is not designed to permit               believes these changes are reasonable
                                             Volume during the month—previously                         unfair discrimination between                         because increasing the credit and
                                             this rate required adding 0.04% of                         customers, issuers, brokers, or dealers.              replacing the qualifying requirements
                                             Consolidated Volume.                                          The proposed increases to the credits              with a single increased ‘‘provides and
                                                The Exchange will similarly increase                    and charges in the fee schedule under                 accesses Consolidated Volume’’
                                             the credit to a member organization that                   the Exchange’s Pricing Schedule under                 requirement provides member
                                             executes in PSX for a displayed quote/                     Section VIII are reflective of the                    organizations with a simpler, less
                                             order from $0.0021 to $0.0025 per share                    Exchange’s ongoing efforts to use                     confusing process for determining
                                             executed for quotes/orders entered by a                    pricing incentive programs to attract                 eligibility for the credit. Additionally,
                                             member organization that provides and                      order flow to the Exchange and improve                the Exchange believes increasing this
                                             accesses 0.05% or more of Consolidated                     market quality. The goal of these pricing             pricing incentive will provide
                                             Volume during the month—previously                         incentives is to provide meaningful                   meaningful incentives for members to
                                             this required that the member                              incentives for members to increase their              increase their participation on the
                                             organization provide an average daily                      participation on the Exchange.                        Exchange. The Exchange believes
                                             volume of 100,000 or more.                                    First, the Exchange is proposing                   including ‘‘accesses’’ as part of the
                                                The Exchange is also adding a new                       modest increases to the charges that a                criteria will increase the quality of the
                                             tier for displayed quotes/orders of                        member organization entering an order                 market by allowing firms to decide how
                                             $0.0023 per share executed for quotes/                     that executes in PSX from: (i) $0.0026 to             to participate most meaningfully on
                                             orders entered by a member                                 $0.0029 per share executed for shares                 PSX. The requirement to provide and
                                             organization that provides and accesses                    executed in Nasdaq-listed securities; (ii)            access 0.35% is reasonable because by
                                             daily volume of 100,000 or more shares                     $0.0025 to $0.0029 per share executed                 achieving this activity level firms will
                                             during the month.                                          for shares executed in NYSE-listed                    be improving the market quality on PSX
                                                The Exchange will also increase the                     securities; and (iii) $0.0026 to $0.0029              and thus receive a correspondingly
                                             credit to a member organization that                       per share executed for shares in                      higher credit than those firms that do
                                             executes in PSX for all other displayed                    securities listed on exchanges other than             not participate as actively on PSX. The
                                             quotes/orders from $0.0015 to $0.0020                      Nasdaq or NYSE. The Exchange believes                 Exchange also believes that the
                                             per share executed.                                        that these modest increases are                       proposed rule change is consistent with
                                                The Exchange is also adding another                     reasonable because they reflect the                   an equitable allocation of fees and is not
                                             new tier for displayed quotes/orders                       Exchange’s need to adjust its credits and
                                                                                                                                                              unfairly discriminatory because it
                                             with an order size of 2,000 or more                        fees in response to the costs and benefits
                                                                                                                                                              affects all members equally and in the
                                             shares that will receive a $0.0001 credit                  provided by the Exchange. Additionally,
                                                                                                                                                              same way.
                                             in addition to the credits discussed                       these modest increases are reasonable
                                                                                                        because the Exchange is able to balance                  The Exchange also proposes to
                                             above. Orders modified by the PSX
                                                                                                        the need to fund credits and operational              increase the credit to a member
                                             participant entering the order or by the
                                                                                                        costs.                                                organization that executes in PSX for a
                                             PSX System processes so that after such
                                                                                                           The Exchange also believes that the                displayed quote/order from $0.0024 to
                                             modification the unexecuted order size
                                                                                                        proposed changes are consistent with an               $0.0027 per share executed for quotes/
                                             is below 2,000 shares will no longer
                                                                                                        equitable allocation of fees and are not              orders entered by a member
                                             qualify as an order of 2,000 or more
                                                                                                        unfairly discriminatory because they                  organization that provides and accesses
                                             shares.
                                                The Exchange is also adding a new                       apply to all member organizations that                0.25% or more of Consolidated Volume
                                             credit tier for non-displayed orders of a                  enter orders that execute in PSX and                  during the month—previously this rate
                                             $0.0015 per share executed credit for                      affects all members equally in the same               required adding 0.04% of Consolidated
                                             orders with midpoint pegging that                          way.                                                  Volume. The Exchange believes the
                                             provide liquidity entered by a member                         Next, the Exchange proposes to                     proposed change is reasonable because
                                             organization that provides 1,000,000                       increase the credit to a member                       increasing this pricing incentive will
                                             shares or more average daily volume of                     organization that executes in PSX for a               provide meaningful incentives for
                                             non-displayed liquidity during the                         displayed quote/order from $0.0025 to                 members to increase their participation
                                             month.                                                     $0.0028 per share executed for quotes/                on the Exchange. The Exchange believes
                                                Finally, the Exchange is clarifying                     orders entered by a member                            including ‘‘accesses’’ as part of the
                                             that the credit tier for non-displayed                     organization that provides and accesses               criteria will increase the quality of the
                                             orders of $0.0010 per share executed                       0.35% or more of Consolidated Volume                  market by allowing firms to decide how
                                             will continue to apply to all other orders                 during the month (previously this rate                to participate most meaningfully on
                                             with midpoint pegging that provide                         required adding 0.12% of Consolidated                 PSX. The requirement to provide and
                                             liquidity.                                                 Volume) and eliminate the requirements                access 0.25% is reasonable because by
                                                                                                        that (i) the quote/order is entered                   achieving this activity level firms will
                                             2. Statutory Basis                                         through a PSX MPID through which the                  be improving the market quality on PSX
                                                The Exchange believes that the                          member organization displays, on                      and thus receive a correspondingly
                                             proposed rule change is consistent with                    average over the course of the month,                 higher credit than those firms that do
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                                             the provisions of Section 6 of the Act,3                   100 shares or more at the national best               not participate as actively on PSX. The
                                             in general, and with Section 6(b)(4) and                   bid and/or national best offer at least               Exchange also believes that the
                                             6(b)(5) of the Act,4 in particular, in that                25% of the time during regular market                 proposed rule change is consistent with
                                             it provides for the equitable allocation                   hours in the security that is the subject             an equitable allocation of fees and is not
                                                                                                        of the quote/order, or (ii) the member                unfairly discriminatory because it
                                               3 15   U.S.C. 78f.                                       organization displays, on average over                affects all members equally and in the
                                               4 15   U.S.C. 78f(b)(4) and (5).                         the course of the month, 100 shares or                same way.


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                                                                             Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices                                            31089

                                                Additionally, the Exchange proposes                     The Exchange proposes to add                       B. Self-Regulatory Organization’s
                                             to increase the credit to a member                      another new tier for displayed quotes/                Statement on Burden on Competition
                                             organization that executes in PSX for a                 orders size of 2,000 or more shares that                 The Exchange does not believe that
                                             displayed quote/order from $0.0021 to                   will receive a $0.0001 credit in addition             the proposed rule changes will result in
                                             $0.0025 per share executed for quotes/                  to the credits discussed above. Orders                any burden on competition that is not
                                             orders entered by a member                              modified by the PSX participant                       necessary or appropriate in furtherance
                                             organization that provides and accesses                 entering the order or by the PSX System               of the purposes of the Act, as amended.5
                                             0.05% or more of Consolidated Volume                    processes so that after such modification             Phlx notes that it operates in a highly
                                             during the month—previously this                        the unexecuted order size is below                    competitive market in which market
                                             required that the member organization                   2,000 shares will no longer qualify as an             participants can readily favor dozens of
                                             provide an average daily volume of                      order of 2,000 or more shares. The                    different competing exchanges and
                                             100,000 or more. The Exchange believes                  Exchange believes the proposed rule                   alternative trading systems if they deem
                                             the proposed rule change is reasonable                                                                        charges at a particular venue to be
                                                                                                     change is reasonable because this new
                                             because increasing this pricing                                                                               excessive, or credit opportunities
                                                                                                     credit tier will provide an additional
                                             incentive will provide meaningful                                                                             available at other venues to be more
                                             incentives for members to increase their                meaningful incentive for members to
                                                                                                     increase their participation on the                   favorable. In such an environment, the
                                             participation on the Exchange. The                                                                            Exchange must continually adjust its
                                             Exchange believes including ‘‘accesses’’                Exchange. The Exchange also believes
                                                                                                                                                           charges and credits to remain
                                             as part of the criteria will increase the               that the proposed rule change is
                                                                                                                                                           competitive with other exchanges.
                                             quality of the market by allowing firms                 consistent with an equitable allocation               Because competitors are free to modify
                                             to decide how to participate most                       of fees and is not unfairly                           their own charges and credits in
                                             meaningfully on PSX. The requirement                    discriminatory because it affects all                 response, and because market
                                             to provide and access 0.05% is                          members equally and in the same way                   participants may readily adjust their
                                             reasonable because by achieving this                    by allowing members to receive an                     order routing practices, the Exchange
                                             activity level firms will be improving                  additional $0.0001 credit per share                   believes that the degree to which
                                             the market quality on PSX and thus                      executed in addition to the credits                   changes to charges and credits in this
                                             receive a correspondingly higher credit                 previously discussed by using relatively              market may impose any burden on
                                             than those firms that do not participate                large orders of 2,000 or more shares.                 competition is extremely limited.
                                             as actively on PSX. The Exchange also                      The Exchange believes that the                        In this instance, the changes to
                                             believes that the proposed rule change                  proposed rule change to add a new                     charges and credits do not impose a
                                             is consistent with an equitable                                                                               burden on competition because the
                                                                                                     credit tier for non-displayed orders of
                                             allocation of fees and is not unfairly                                                                        Exchange membership is optional and is
                                                                                                     $0.0015 per share executed for orders
                                             discriminatory because it affects all                                                                         the subject of competition from other
                                                                                                     with midpoint pegging that provide                    exchanges. The increased credits and
                                             members equally and in the same way.
                                                                                                     liquidity entered by a member                         charges are reflective of the intent to
                                                The Exchange also proposes to add a
                                                                                                     organization that provides 1,000,000                  increase the order flow on the Exchange.
                                             new tier for displayed quotes/orders.
                                                                                                     shares or more average daily volume of                For these reasons, the Exchange does
                                             The new credit tier is $0.0023 per share
                                             executed for quotes/orders entered by a                 non-displayed liquidity during the                    not believe that any of the proposed
                                             member organization that provides and                   month change is reasonable because this               changes will impair the ability of
                                             accesses daily volume of 100,000 or                     new credit tier will provide an                       members or competing order execution
                                             more shares during the month. The                       additional meaningful incentive for                   venues to maintain their competitive
                                             Exchange believes the proposed rule                     members to increase their participation               standing in the financial markets.
                                             change is reasonable because this new                   on the Exchange. The Exchange also                    Moreover, because there are numerous
                                             credit tier will provide an additional                  believes that the proposed rule change                competitive alternatives to the use of the
                                             meaningful incentive for members to                     is consistent with an equitable                       Exchange, it is likely that the Exchange
                                             increase their participation on the                     allocation of fees and is not unfairly                will lose market share as a result of the
                                             Exchange. The Exchange also believes                    discriminatory because the new credit                 changes if they are unattractive to
                                             that the proposed rule change is                        tier is uniformly available to all                    market participants.
                                             consistent with an equitable allocation                 members and affects all members                          Accordingly, Phlx does not believe
                                             of fees and is not unfairly                                                                                   that the proposed rule changes will
                                                                                                     equally and in the same way.
                                             discriminatory because it affects all                                                                         impair the ability of members or
                                                                                                        The Exchange also believes that the                competing order execution venues to
                                             members equally and in the same way.                    proposed rule change clarify that the                 maintain their competitive standing in
                                                The Exchange believes that the                       credit tier for non-displayed orders of               the financial markets.
                                             proposed rule change to increase the                    $0.0010 per share executed will
                                             credit to a member organization that                                                                          C. Self-Regulatory Organization’s
                                                                                                     continue to apply to all other orders
                                             executes in PSX for all other displayed                                                                       Statement on Comments on the
                                                                                                     with midpoint pegging that provide                    Proposed Rule Change Received From
                                             quotes/orders from $0.0015 to $0.0020
                                                                                                     liquidity is reasonable because it                    Members, Participants, or Others
                                             per share executed is reasonable
                                             because increasing this pricing                         clarifies the treatment of all other orders
                                                                                                     with midpoint pegging that provide                      No written comments were either
                                             incentive will provide a meaningful                                                                           solicited or received.
                                             incentive for members to increase their                 liquidity with the addition of the new
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                                             participation on the Exchange. The                      credit tier discussed in the paragraph                III. Date of Effectiveness of the
                                             Exchange also believes that the                         immediately above. The Exchange also                  Proposed Rule Change and Timing for
                                             proposed rule change is consistent with                 believes that the proposed rule change                Commission Action
                                             an equitable allocation of fees and is not              is consistent with an equitable                          The foregoing rule change has become
                                             unfairly discriminatory because it                      allocation of fees and is not unfairly                effective pursuant to Section
                                             affects all members equally and in the                  discriminatory because it affects all
                                             same way.                                               members equally and in the same way.                    5 15   U.S.C. 78f(b)(8).



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                                             31090                               Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices

                                             19(b)(3)(A)(ii) of the Act.6 At any time                   received will be posted without change;               disapproved. The Commission is
                                             within 60 days of the filing of the                        the Commission does not edit personal                 extending this 45-day time period. The
                                             proposed rule change, the Commission                       identifying information from                          Commission finds that it is appropriate
                                             summarily may temporarily suspend                          submissions. You should submit only                   to designate a longer period within
                                             such rule change if it appears to the                      information that you wish to make                     which to take action on the proposed
                                             Commission that such action is                             available publicly. All submissions                   rule change so that it has sufficient time
                                             necessary or appropriate in the public                     should refer to File Number SR–Phlx–                  to consider the proposed rule change.
                                             interest, for the protection of investors,                 2015–45, and should be submitted on or                  Accordingly, the Commission,
                                             or otherwise in furtherance of the                         before June 22, 2015.                                 pursuant to Section 19(b)(2) of the Act,5
                                             purposes of the Act. If the Commission                       For the Commission, by the Division of              designates July 15, 2015, as the date by
                                             takes such action, the Commission shall                    Trading and Markets, pursuant to delegated            which the Commission shall either
                                             institute proceedings to determine                         authority.7                                           approve or disapprove or institute
                                             whether the proposed rule should be                        Robert W. Errett,                                     proceedings to determine whether to
                                             approved or disapproved.                                   Deputy Secretary.                                     disapprove the proposed rule change
                                             IV. Solicitation of Comments                               [FR Doc. 2015–13072 Filed 5–29–15; 8:45 am]           (File Number SR–NYSEArca–2015–18).
                                               Interested persons are invited to                        BILLING CODE 8011–01–P
                                                                                                                                                                For the Commission, by the Division of
                                             submit written data, views, and                                                                                  Trading and Markets, pursuant to delegated
                                             arguments concerning the foregoing,                                                                              authority.6
                                             including whether the proposed rule                        SECURITIES AND EXCHANGE
                                                                                                                                                              Robert W. Errett,
                                             change is consistent with the Act.                         COMMISSION
                                                                                                                                                              Deputy Secretary.
                                             Comments may be submitted by any of                        [Release No. 34–75042; File No. SR–
                                                                                                                                                              [FR Doc. 2015–13073 Filed 5–29–15; 8:45 am]
                                             the following methods:                                     NYSEArca–2015–18]
                                                                                                                                                              BILLING CODE 8011–01–P
                                             Electronic Comments                                        Self-Regulatory Organizations; NYSE
                                               • Use the Commission’s Internet                          Arca, Inc.; Notice of Designation of a
                                             comment form (http://www.sec.gov/                          Longer Period for Commission Action                   SECURITIES AND EXCHANGE
                                             rules/sro.shtml); or                                       on Proposed Rule Change Relating to                   COMMISSION
                                               • Send an email to rule-comments@                        Listing and Trading Under NYSE Arca
                                             sec.gov. Please include File Number SR–                    Equities Rule 5.2(j)(3), Commentary .02               Sunshine Act Meeting
                                             Phlx–2015–45 on the subject line.                          of Shares of the Vanguard Tax-Exempt
                                                                                                        Bond Index Fund                                          Notice is hereby given, pursuant to
                                             Paper Comments                                                                                                   the provisions of the Government in the
                                                • Send paper comments in triplicate                     May 26, 2015.                                         Sunshine Act, Public Law 94–409, that
                                             to Brent J. Fields, Secretary, Securities                     On April 6, 2015, NYSE Arca, Inc.                  the Securities and Exchange
                                             and Exchange Commission, 100 F Street                      filed with the Securities and Exchange                Commission Advisory Committee on
                                             NE., Washington, DC 20549–1090.                            Commission (‘‘Commission’’), pursuant                 Small and Emerging Companies will
                                             All submissions should refer to File                       to Section 19(b)(1) of the Securities                 hold a public meeting on Wednesday,
                                             Number SR–Phlx–2015–45. This file                          Exchange Act of 1934 (‘‘Act’’) 1 and Rule             June 3, in Multi-Purpose Room LL–006
                                             number should be included on the                           19b–4 thereunder,2 a proposed rule                    at the Commission’s headquarters, 100 F
                                             subject line if email is used. To help the                 change to list and trade under NYSE                   Street NE., Washington, DC.
                                             Commission process and review your                         Arca Equities Rule 5.2(j)(3),                            The meeting will begin at 9:30 a.m.
                                             comments more efficiently, please use                      Commentary .02, the shares of the                     (EDT) and will be open to the public.
                                             only one method. The Commission will                       Vanguard Tax-Exempt Bond Index                        Seating will be on a first-come, first-
                                             post all comments on the Commission’s                      Fund. The proposed rule change was                    served basis. Doors will open at 9:00
                                             Internet Web site (http://www.sec.gov/                     published for comment in the Federal                  a.m. Visitors will be subject to security
                                             rules/sro.shtml). Copies of the                            Register on April 16, 2015.3 The                      checks. The meeting will be webcast on
                                             submission, all subsequent                                 Commission has received no comment                    the Commission’s Web site at
                                             amendments, all written statements                         letters on the proposed rule change.                  www.sec.gov.
                                             with respect to the proposed rule                             Section 19(b)(2) of the Act 4 provides
                                                                                                        that, within 45 days of the publication                  On May 18, 2015, the Commission
                                             change that are filed with the                                                                                   published notice of the Committee
                                             Commission, and all written                                of notice of the filing of a proposed rule
                                                                                                        change, or within such longer period up               meeting (Release No. 33–9774),
                                             communications relating to the                                                                                   indicating that the meeting is open to
                                             proposed rule change between the                           to 90 days as the Commission may
                                                                                                        designate if it finds such longer period              the public and inviting the public to
                                             Commission and any person, other than                                                                            submit written comments to the
                                             those that may be withheld from the                        to be appropriate and publishes its
                                                                                                        reasons for so finding or as to which the             Committee. This Sunshine Act notice is
                                             public in accordance with the                                                                                    being issued because a majority of the
                                             provisions of 5 U.S.C. 552, will be                        self-regulatory organization consents,
                                                                                                        the Commission shall either approve the               Commission may attend the meeting.
                                             available for Web site viewing and
                                             printing in the Commission’s Public                        proposed rule change, disapprove the                     The agenda for the meeting includes
                                             Reference Room, 100 F Street NE.,                          proposed rule change, or institute                    matters relating to rules and regulations
                                             Washington, DC 20549 on official                           proceedings to determine whether the                  affecting small and emerging companies
                                                                                                        proposed rule change should be                        under the federal securities laws.
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                                             business days between the hours of
                                             10:00 a.m. and 3:00 p.m. Copies of such                      7 17
                                                                                                                                                                 For further information, please
                                                                                                               CFR 200.30–3(a)(12).
                                             filing also will be available for                            1 15
                                                                                                                                                              contact the Office of the Secretary at
                                                                                                               U.S.C. 78s(b)(1).
                                             inspection and copying at the principal                      2 17 CFR 240.19b–4.                                 (202) 551–5400.
                                             office of the Exchange. All comments                         3 See Securities Exchange Act Release No. 74701

                                                                                                        (April 10, 2015), 80 FR 20529.                          5 Id.
                                               6 15   U.S.C. 78s(b)(3)(A)(ii).                            4 15 U.S.C. 78s(b)(2).                                6 17    CFR 200.30–3(a)(31).



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Document Created: 2015-12-15 15:18:31
Document Modified: 2015-12-15 15:18:31
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 31087 

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