80 FR 34473 - 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 115 (June 16, 2015)
Federal Register Volume 80, Issue 115 (June 16, 2015)
| Page Range | 34473-34475 | |
| FR Document | 2015-14671 |
[Federal Register Volume 80, Number 115 (Tuesday, June 16, 2015)] [Notices] [Pages 34473-34475] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-14671] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-75142; File No. SR-Phlx-2015-48] 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 June 10, 2015. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\, and Rule 19b-4 \2\ thereunder, notice is hereby given that, on June 1, 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. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of 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 the charges assessed and credits provided for the execution of securities priced at $1 or more. Specifically, the Exchange is amending what it assesses a member organization entering order that executes in NASDAQ OMX PSX System (``PSX''), and it is eliminating the additional credit provided to a member firm with a displayed quotes/order with a size of 2,000 or more shares. The Exchange currently assesses a member organization a charge of $0.0029 per share executed for an order entered by a member organization that executes on PSX, regardless of the exchange that the security is listed on. The Exchange had previously applied different charges for execution of an order based on listing venue, but recently harmonized the charge for all orders that execute on PSX.\3\ The Exchange is now proposing to reduce the charge assessed a member organization for receiving an execution on PSX in a Nasdaq-listed security from $0.0029 per share executed to $0.0028 per share executed. The Exchange is also proposing to reduce the charge for receiving an execution on PSX in New York Stock Exchange (``NYSE'')-listed securities and securities listed on [[Page 34474]] exchanges other than Nasdaq or NYSE from $0.0029 per share executed to $0.0027 per share executed. --------------------------------------------------------------------------- \3\ See Securities Exchange Act Release No. 74880 (May 6, 2015), 80 FR 27207 (May 12, 2015) (SR-NASDAQ-2015-45). --------------------------------------------------------------------------- The Exchange is also proposing to eliminate the additional credit it provides for certain displayed quotes and orders. Currently, the Exchange provides a $0.0001 credit per share executed in addition to other credits provided for displayed quotes and orders, if the order size is at least 2,000 shares. 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 for the credit. The credit is designed to provide additional incentive to PSX participants to provide market improving participation in the form of displayed orders and quotes. The Exchange has observed that the credit has not significantly improved market quality, so it is eliminating it accordingly. 2. Statutory Basis The Exchange believes that the proposed rule changes are consistent with the provisions of Section 6 of the Act,\4\ in general, and with Sections 6(b)(4) and 6(b)(5) of the Act,\5\ in particular, in that it provides for the equitable allocation of reasonable dues, fees and other charges among members and issuers and other persons using any facility or system which the Exchange operates or controls, and is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest; and are not designed to permit unfair discrimination between customers, issuers, brokers, or dealers. --------------------------------------------------------------------------- \4\ 15 U.S.C. 78f. \5\ 15 U.S.C. 78f(b)(4) and (5). --------------------------------------------------------------------------- The proposed reduction in the charge currently assessed for execution on PSX is reasonable because the two new reduced charges are designed to attract order flow to PSX, thereby increasing liquidity to the benefit of all market participants. The Exchange believes that reducing the charge assessed for NYSE-listed securities and securities listed on exchanges other than Nasdaq or NYSE more than it is reducing the charge for Nasdaq-listed securities is reasonable because it is reflective of the Exchange's desire to provide greater incentive to market participants to enter orders into the PSX System in NYSE-listed securities and securities listed on exchanges other than Nasdaq or NYSE. The Exchange believes that the proposed reduction to the charge assessed for execution of an order on PSX is consistent with an equitable allocation of fees and is not unfairly discriminatory because the lower charges apply to all member organizations that enter orders that execute in PSX, based on the listing venue of the security. Moreover, the Exchange believes that assessing different charges based on the listing venue of the security is consistent with an equitable allocation of fees and is not unfairly discriminatory because it is reflective of the Exchange's use of fees and credits to provide incentive to market participants to improve market quality. In the instant case, the Exchange is reducing the charge assessed for orders that execute in PSX in NYSE-listed securities and securities listed on exchanges other than Nasdaq or NYSE more than it is reducing the analogous charge for the execution of orders Nasdaq-listed securities in an effort to provide greater incentive to all market participants to remove liquidity in securities listed on NYSE and securities listed on exchanges other than Nasdaq or NYSE. The Exchange believes that eliminating the additional $0.0001 per share executed credit provided to market participants that enter displayed quotes and orders with an order size of 2,000 or more shares is reasonable because the credit has not had a significant impact in improving market quality in displayed orders and quotes. The Exchange must always assess the effectiveness of its transaction pricing in the form credits and reduced charges in improving market quality. To the extent such pricing does not significantly or efficiently achieve the goal of attracting liquidity and improving market quality, the Exchange will, as is the case here, eliminate the incentive pricing. The Exchange believes that eliminating the additional $0.0001 per share executed credit is consistent with an equitable allocation of fees and is not unfairly discriminatory because it will apply to all PSX participants equally. In this regard, the Exchange notes that the additional credit was available to any PSX participant that chose to enter orders or quotes that qualified for the credit. Additionally, the Exchange notes that PSX participants will continue to receive a credit of $0.0020 per share executed for a displayed quote or order, and may be eligible to receive other higher credits for displayed quotes and orders if they meet the criteria of each credit. 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.\6\ 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. --------------------------------------------------------------------------- \6\ 15 U.S.C. 78f(b)(8). --------------------------------------------------------------------------- In this instance, the Exchange is proposing to reduce the charge assessed for removing liquidity from PSX and eliminating an ineffective credit that has not significantly improved market quality. These changes do not impose a burden on competition because participation in PSX is optional and is the subject of competition from other exchanges. The reduced charges are reflective of the Exchange's intent to increase the order flow on PSX. Eliminating an ineffective credit frees the Exchange to apply different pricing incentives to attract liquidity to PSX. 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 PSX 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. [[Page 34475]] 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.\7\ 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. --------------------------------------------------------------------------- \7\ 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 CommentsUse 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-2015-48 on the subject line. Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-Phlx-2015-48. 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 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-Phlx-2015-48 and should be submitted on or July 7, 2015. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\8\ --------------------------------------------------------------------------- \8\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Robert W. Errett, Deputy Secretary. [FR Doc. 2015-14671 Filed 6-15-15; 08:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Notices 34473
this proposed rule change. The available for Web site viewing and and routing of orders in securities
Commission believes that waiving the printing in the Commission’s Public priced at $1 or more per share.
30-day operative delay 8 is consistent Reference Room, 100 F Street NE., The text of the proposed rule change
with the protection of investors and the Washington, DC 20549, on official is available on the Exchange’s Web site
public interest and designates the business days between the hours of at http://
proposal operative on filing. 10:00 a.m. and 3:00 p.m. Copies of the nasdaqomxphlx.cchwallstreet.com/, at
At any time within 60 days of the filing also will be available for the principal office of the Exchange, and
filing of the proposed rule change, the inspection and copying at the principal at the Commission’s Public Reference
Commission summarily may office of the Exchange. All comments Room.
temporarily suspend such rule change if received will be posted without change; II. Self-Regulatory Organization’s
it appears to the Commission that such the Commission does not edit personal Statement of the Purpose of, and
action is necessary or appropriate in the identifying information from Statutory Basis for, the Proposed Rule
public interest, for the protection of submissions. You should submit only Change
investors, or otherwise in furtherance of information that you wish to make
the purposes of the Act. If the available publicly. All submissions In its filing with the Commission, the
Commission takes such action, the should refer to File Number SR– Exchange included statements
Commission will institute proceedings NASDAQ–060 and should be submitted concerning the purpose of and basis for
to determine whether the proposed rule on or before July 7, 2015. the proposed rule change and discussed
change should be approved or any comments it received on the
For the Commission, by the Division of proposed rule change. The text of these
disapproved. Trading and Markets, pursuant to delegated statements may be examined at the
IV. Solicitation of Comments authority.9
places specified in Item IV below. The
Robert W. Errett, Exchange has prepared summaries, set
Interested persons are invited to Deputy Secretary.
submit written data, views and forth in sections A, B, and C below, of
arguments concerning the foregoing,
[FR Doc. 2015–14670 Filed 6–15–15; 8:45 am] the most significant aspects of such
including whether the proposed rule BILLING CODE 8011–01–P statements.
change is consistent with the Act. A. Self-Regulatory Organization’s
Comments may be submitted by any of SECURITIES AND EXCHANGE Statement of the Purpose of, and
the following methods: COMMISSION Statutory Basis for, the Proposed Rule
Electronic Comments Change
[Release No. 34–75142; File No. SR–Phlx–
• Use the Commission’s Internet 1. Purpose
2015–48]
comment form (http://www.sec.gov/ The purpose of the proposed rule
rules/sro.shtml); or Self-Regulatory Organizations; change is to amend the charges assessed
• Send an email to rule-comments@ NASDAQ OMX PHLX LLC; Notice of and credits provided for the execution
sec.gov. Please include File Number SR– Filing and Immediate Effectiveness of of securities priced at $1 or more.
NASDAQ–2015–060 on the subject line. Proposed Rule Change Relating to the Specifically, the Exchange is amending
Exchange’s Pricing Schedule Under what it assesses a member organization
Paper Comments Section VIII With Respect to Execution entering order that executes in
• Send paper comments in triplicate and Routing of Orders in Securities NASDAQ OMX PSX System (‘‘PSX’’),
to Secretary, Securities and Exchange Priced at $1 or More Per Share and it is eliminating the additional
Commission, 100 F Street NE., credit provided to a member firm with
Washington, DC 20549–1090. June 10, 2015.
a displayed quotes/order with a size of
Pursuant to Section 19(b)(1) of the 2,000 or more shares.
All submissions should refer to File
Securities Exchange Act of 1934 The Exchange currently assesses a
Number SR–NASDAQ–2015–060. This
(‘‘Act’’) 1, and Rule 19b–4 2 thereunder, member organization a charge of
file number should be included on the
notice is hereby given that, on June 1, $0.0029 per share executed for an order
subject line if email is used. To help the
2015, NASDAQ OMX PHLX LLC entered by a member organization that
Commission process and review your
(‘‘Phlx’’ or ‘‘Exchange’’) filed with the executes on PSX, regardless of the
comments more efficiently, please use
Securities and Exchange Commission exchange that the security is listed on.
only one method. The Commission will
(‘‘SEC’’ or ‘‘Commission’’) the proposed The Exchange had previously applied
post all comments on the Commission’s
rule change as described in Items I, II, different charges for execution of an
Internet Web site (http://www.sec.gov/
and III below, which Items have been order based on listing venue, but
rules/sro.shtml). Copies of the
prepared by the Exchange. The recently harmonized the charge for all
submission, all subsequent
Commission is publishing this notice to orders that execute on PSX.3 The
amendments, all written statements
solicit comments on the proposed rule Exchange is now proposing to reduce
with respect to the proposed rule
change from interested persons. the charge assessed a member
change that are filed with the
Commission, and all written I. Self-Regulatory Organization’s organization for receiving an execution
communications relating to the Statement of the Terms of Substance of on PSX in a Nasdaq-listed security from
proposed rule change between the the Proposed Rule Change $0.0029 per share executed to $0.0028
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Commission and any person, other than per share executed. The Exchange is
The Exchange proposes to amend the also proposing to reduce the charge for
those that may be withheld from the Exchange’s Pricing Schedule under
public in accordance with the receiving an execution on PSX in New
Section VIII, entitled ‘‘NASDAQ OMX York Stock Exchange (‘‘NYSE’’)-listed
provisions of 5 U.S.C. 552, will be PSX FEES,’’ with respect to execution securities and securities listed on
8 For purposes only of waiving the 30-day
9 17 CFR 200.30–3(a)(12).
operative delay, the Commission has considered the 3 See Securities Exchange Act Release No. 74880
1 15 U.S.C. 78s(b)(1).
proposed rule’s impact on efficiency, competition, (May 6, 2015), 80 FR 27207 (May 12, 2015) (SR–
and capital formation. See 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4. NASDAQ–2015–45).
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![Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Notices 34475
C. Self-Regulatory Organization’s those that may be withheld from the solicit comments on the proposed rule
Statement on Comments on the public in accordance with the change from interested persons.
Proposed Rule Change Received From provisions of 5 U.S.C. 552, will be
I. Self-Regulatory Organization’s
Members, Participants, or Others available for Web site viewing and
Statement of the Terms of Substance of
No written comments were either printing in the Commission’s Public
the Proposed Rule Change
solicited or received. Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official The Exchange proposes to amend its
III. Date of Effectiveness of the business days between the hours of Price List to revise (i) fees and credits
Proposed Rule Change and Timing for 10:00 a.m. and 3:00 p.m. Copies of the for Mid-Point Passive Liquidity Orders
Commission Action filing also will be available for and Non-Displayed Reserve Orders; (ii)
The foregoing rule change has become inspection and copying at the principal credits applicable to certain transactions
effective pursuant to Section office of the Exchange. All comments at the open; (iii) credits applicable to
19(b)(3)(A)(ii) of the Act.7 At any time received will be posted without change; certain Designated Market Maker
within 60 days of the filing of the the Commission does not edit personal transactions; and (iv) credits applicable
proposed rule change, the Commission identifying information from to Supplemental Liquidity Providers.
summarily may temporarily suspend submissions. You should submit only The Exchange proposes to implement
such rule change if it appears to the information that you wish to make the fee change effective June 1, 2015.
Commission that such action is available publicly. All submissions The text of the proposed rule change is
necessary or appropriate in the public should refer to File Number SR–Phlx– available on the Exchange’s Web site at
interest, for the protection of investors, 2015–48 and should be submitted on or www.nyse.com, at the principal office of
or otherwise in furtherance of the July 7, 2015. the Exchange, and at the Commission’s
purposes of the Act. If the Commission Public Reference Room.
For the Commission, by the Division of
takes such action, the Commission shall Trading and Markets, pursuant to delegated II. Self-Regulatory Organization’s
institute proceedings to determine authority.8 Statement of the Purpose of, and
whether the proposed rule should be Robert W. Errett, Statutory Basis for, the Proposed Rule
approved or disapproved. Deputy Secretary. Change
IV. Solicitation of Comments [FR Doc. 2015–14671 Filed 6–15–15; 08:45 am] In its filing with the Commission, the
Interested persons are invited to BILLING CODE 8011–01–P self-regulatory organization included
submit written data, views and statements concerning the purpose of,
arguments concerning the foregoing, and basis for, the proposed rule change
including whether the proposed rule SECURITIES AND EXCHANGE and discussed any comments it received
change is consistent with the Act. COMMISSION on the proposed rule change. The text
Comments may be submitted by any of of those statements may be examined at
[Release No. 34–75139; File No. SR–NYSE– the places specified in Item IV below.
the following methods: 2015–28]
The Exchange has prepared summaries,
Electronic Comments set forth in sections A, B, and C below,
Self-Regulatory Organizations; New
• Use the Commission’s Internet York Stock Exchange LLC; Notice of of the most significant parts of such
comment form (http://www.sec.gov/ Filing and Immediate Effectiveness of statements.
rules/sro.shtml); or Proposed Rule Change Amending the A. Self-Regulatory Organization’s
• Send an email to rule-comments@ Price List To Revise Fees and Credits Statement of the Purpose of, and the
sec.gov. Please include File Number SR– for Mid-Point Passive Liquidity Orders Statutory Basis for, the Proposed Rule
Phlx–2015–48 on the subject line. and Non Displayed Reserve Orders Change
Paper Comments and To Revise Credits Applicable to
1. Purpose
• Send paper comments in triplicate Certain Transactions at the Open,
Certain Designated Market Maker The Exchange proposes to amend its
to Secretary, Securities and Exchange Price List to revise (i) fees and credits
Commission, 100 F Street, NE., Transactions, and Certain
Supplemental Liquidity Provider for Mid-Point Passive Liquidity (‘‘MPL’’)
Washington, DC 20549–1090. Orders and Non-Displayed Reserve
Transactions
All submissions should refer to File Orders; (ii) credits applicable to certain
Number SR–Phlx–2015–48. This file June 10, 2015. transactions at the open; (iii) credits
number should be included on the Pursuant to Section 19(b)(1) 1 of the applicable to certain Designated Market
subject line if email is used. To help the Securities Exchange Act of 1934 (the Maker (‘‘DMM’’) transactions; and (iv)
Commission process and review your ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 credits applicable to Supplemental
comments more efficiently, please use notice is hereby given that, on May 27, Liquidity Providers (‘‘SLPs’’).
only one method. The Commission will 2015, New York Stock Exchange LLC
post all comments on the Commission’s (‘‘NYSE’’ or the ‘‘Exchange’’) filed with MPL Orders and Non-Displayed Reserve
Internet Web site (http://www.sec.gov/ the Securities and Exchange Orders
rules/sro.shtml). Copies of the Commission (the ‘‘Commission’’) the An MPL Order is an undisplayed
submission, all subsequent proposed rule change as described in limit order that trades at the mid-point
amendments, all written statements of the best protected bid (‘‘PBB’’) and
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Items I, II, and III below, which Items
with respect to the proposed rule have been prepared by the self- best protected offer (‘‘PBO’’), as such
change that are filed with the regulatory organization. The terms are defined in Regulation NMS
Commission, and all written Commission is publishing this notice to Rule 600(b)(57) (together, ‘‘PBBO’’).
communications relating to the The Exchange currently charges
proposed rule change between the 8 17 CFR 200.30–3(a)(12). $0.0025 per share for all MPL Orders,
Commission and any person, other than 1 15 U.S.C. 78s(b)(1). not designated as ‘‘retail’’ under Rule
2 15 U.S.C. 78a. 13, for securities priced $1.00 or more
7 15 U.S.C. 78s(b)(3)(A)(ii). 3 17 CFR 240.19b–4. that remove liquidity from the
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Document Created: 2018-02-22 10:23:00
Document Modified: 2018-02-22 10:23:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 80 FR 34473 |
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