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, Number 115 (Tuesday, June 16, 2015)]
[Notices]
[Pages 34473-34475]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14671]


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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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend the 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.
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    \3\ See Securities Exchange Act Release No. 74880 (May 6, 2015), 
80 FR 27207 (May 12, 2015) (SR-NASDAQ-2015-45).
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    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.
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    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(4) and (5).
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    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.
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    \6\ 15 U.S.C. 78f(b)(8).
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    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.
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    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-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\
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    \8\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-14671 Filed 6-15-15; 08:45 am]
 BILLING CODE 8011-01-P