80_FR_41663 80 FR 41528 - Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 7018

80 FR 41528 - Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 7018

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 135 (July 15, 2015)

Page Range41528-41530
FR Document2015-17297

Federal Register, Volume 80 Issue 135 (Wednesday, July 15, 2015)
[Federal Register Volume 80, Number 135 (Wednesday, July 15, 2015)]
[Notices]
[Pages 41528-41530]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17297]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75409; File No. SR-BX-2015-038]


Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
Exchange Rule 7018

July 9, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on June 30, 2015, NASDAQ OMX BX, Inc. (``BX'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``SEC'' or ``Commission'') 
the proposed rule change as described in Items I, II, and III below, 
which Items have been prepared by the Exchange. The Commission is 
publishing this notice to solicit comments on the proposed rule change 
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend BX Rule 7018(a) and to eliminate the 
Excess Order Fee in BX Rule 7018(d).
    While the changes proposed herein are effective upon filing, the 
Exchange has designated that the amendments be operative on July 1, 
2015.
    The text of the proposed rule change is also available on the 
Exchange's Web site at http://nasdaqomxbx.cchwallstreet.com, at the 
principal office of the Exchange, and at the Commission's Public 
Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange is proposing to amend BX Rule 7018(a) and to eliminate 
the Excess Order Fee in BX Rule 7018(d).
    Specifically, BX Rule 7018(a) defines the criteria for a firm to 
become a Qualified Market Maker (``QMM'') as by being a member that 
provides through one or more of its NASDAQ OMX BX Equities System 
(``System'') market participant identifiers (``MPIDs'') more than 0.15% 
of consolidated volume (``Consolidated Volume'') during the month. For 
a member qualifying under this method, the member must have at least 
one qualified MPID (``Qualified MPID''), that is, an MPID through 
which, for at least 200 securities, the QMM quotes at the national best 
bid and offer (``NBBO'') an average of at least 50% of the time during 
regular market hours (9:30 a.m. through 4:00 p.m. ET) during the month. 
Currently, the member must also provide an average daily volume of 1.5M 
shares or more using orders with midpoint pegging during the month.
    The Exchange proposes to modify this last part of the criteria such 
that the member must also provide an average daily volume of 1.5M 
shares or more of non-displayed liquidity (rather than using orders 
with midpoint liquidity) during the month. BX believes that by 
expanding the type of liquidity that allows firms to qualify as a QMM 
will improve the market by incentivizing firms to provide more 
liquidity and meet the other QMM criteria. Non-displayed orders, which 
include midpoint liquidity, can provide price improvement and improve 
the experience of members trading on the Exchange and thus provide a 
benefit to all other Exchange members.
    The Exchange also proposes to delete BX Rule 7018(d), which is the 
Excess Order Fee. The Excess Order Fee was designed to provide a 
disincentive to member organizations to engage in order entry practices 
that are inefficient and thereby burdensome on the systems of BX by 
assessing a fee on member organizations if they reach a threshold of 
order activity based on an Order Entry Ratio calculation.\3\ Although 
not a pervasive characteristic of the market, the fee was adopted to 
encourage member organizations with such practices to enhance the 
efficiency of their systems and modify their order entry practices, 
thus improving the market for all participants.\4\ An unwanted 
consequence of the rule has been to capture beneficial, liquidity 
providing order flow and thereby dissuade member organizations from 
participating in BX in an effort to avoid triggering the fee. Moreover, 
the Exchange has observed that the fee is not assessed on a significant 
number of member organizations nor is it triggered every month, leading 
the Exchange to conclude that the small number of member organizations 
that may have been affected by the fee because of their inefficient 
order practices have taken the steps necessary to avoid such practices. 
The Exchange believes that, in light of the lack of consistent order 
activity that triggers the fee and the negative effect it has had on 
beneficial order flow, the Excess Order Fee should be eliminated. The 
Exchange notes that, should the inefficient order entry practices that 
gave rise to the fee once again arise, it may adopt the fee once again 
or take other steps to provide a disincentive for such practices.
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    \3\ See BX Rule 7018(d)(2) for a definition of ``Order Entry 
Ratio.''
    \4\ See Securities Exchange Act Release No. 67272 (June 27, 
2012), 77 FR 39530 (July 3, 2012) (SR-BX-2012-042) (adopting the 
Excess Order Fee).
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2. Statutory Basis
    BX believes that the proposed rule change is consistent with the 
provisions

[[Page 41529]]

of Section 6 of the Act,\5\ in general, and with Sections 6(b)(4) and 
6(b)(5) of the Act,\6\ 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 is not designed to 
permit unfair discrimination between customers, issuers, brokers, or 
dealers.
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    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange proposes to amend the criteria for a firm to become a 
QMM. The criteria currently states that a member may become a QMM by 
providing through one or more of its System MPIDs more than 0.15% of 
Consolidated Volume during the month. For a member qualifying under 
this method, the member must have at least one Qualified MPID, that is, 
an MPID through which, for at least 200 securities, the QMM quotes at 
the NBBO an average of at least 50% of the time during regular market 
hours (9:30 a.m. through 4:00 p.m.) during the month. Currently, the 
member must also provide an average daily volume of 1.5M shares or more 
using orders with midpoint pegging during the month.
    [sic] Exchange believes it is reasonable to modify this last part 
of the criteria such that the member must provide an average daily 
volume of 1.5M shares or more of non-displayed liquidity (rather than 
using orders with midpoint liquidity) during the month because non-
displayed orders can provide price improvement and improve the 
experience of members trading on the Exchange and thus provide a 
benefit to all other Exchange members. Also, BX believes the proposed 
change is reasonable because it expands the opportunity for firms to 
qualify as a QMM.
    The Exchange also believes that the proposed change is equitably 
allocated and not unfairly discriminatory because modifying the 
criteria, as stated above, applies uniformly to all members that seek 
to become a QMM. Additionally, the Exchange believes that the proposed 
change further perfects the mechanism of a free and open market by 
refining and making more effective the means by which a member firm may 
become a QMM. Furthermore firms that currently qualify as a QMM will 
not need to change behavior under the new qualification method as 
midpoint liquidity is considered non-displayed liquidity.
    The Exchange believes that elimination of the Excess Order Fee is 
reasonable because the fee is not triggered by a significant number of 
member organizations nor is it triggered every month; however, the 
Exchange believes that certain member organizations are disincentivized 
from providing order activity that is beneficial to market 
participants. Moreover, the Exchange may adopt the fee once again 
should the issues that gave rise to it reemerge. The Exchange believes 
that the proposed change is consistent with an equitable allocation of 
fees and is not unfairly discriminatory because it eliminates a fee, 
which applies to all member organizations and which has served as a 
disincentive to certain market participants in providing beneficial 
order activity while also not being assessed significantly on member 
organizations. The Exchange believes that elimination of the Excess 
Order Fee will not unfairly burden competition because the fee is not 
relevant to competition. The Exchange notes that the fee was adopted to 
deter member organizations from using inefficient order practices that 
place excessive burdens on the systems of BX and, as a consequence, was 
not designed to impact competition among member organizations.

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.\7\ 
BX 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 fee levels at a 
particular venue to be excessive, or rebate opportunities available at 
other venues to be more favorable. In such an environment, BX must 
continually adjust its fees to remain competitive with other exchanges. 
Because competitors are free to modify their own fees in response, and 
because market participants may readily adjust their order routing 
practices, BX believes that the degree to which fee changes in this 
market may impose any burden on competition is extremely limited.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    In this instance, the modification to part of the criteria to 
become a QMM does not impose a burden on competition because it is 
optional and is the subject of competition from other exchanges. The 
Exchange does not believe that the proposed change will impair the 
ability of members or competing order execution venues to maintain 
their competitive standing in the financial markets. Moreover, because 
there are numerous competitive alternatives to the use of the Exchange, 
it is likely that BX will lose market share as a result of the changes 
if they are unattractive to market participants.
    As noted above, the Exchange believes that elimination of the 
Excess Order Fee will not unfairly burden competition because the fee 
is not relevant to competition as it was adopted to deter member 
organizations from using inefficient order practices that place 
excessive burdens on the systems of BX. Moreover, other exchanges' fee 
schedules do not restrict order activity by using a fee like the Excess 
Order Fee. As noted, the practices that prompted the Exchange to adopt 
the rule have subsided and, consequently, the change does not impact 
the ability of any market participant or trading venue to compete.
    Accordingly, BX does not believe that the proposed rule change will 
impair the ability of members or competing order execution venues to 
maintain their competitive standing in the financial markets.

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

    No written comments were either solicited or received.

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

    The foregoing change has become effective pursuant to Section 
19(b)(3)(A) of the Act \8\ and paragraph (f) of Rule 19b-4 \9\ 
thereunder. At any time within 60 days of the filing of the proposed 
rule change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of

[[Page 41530]]

investors, or otherwise in furtherance of the purposes of the Act.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-BX-2015-038 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-BX-2015-038. 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 offices of the Exchange. 
All comments received will be posted without change; the Commission 
does not edit personal identifying information from submissions. You 
should submit only information that you wish to make available 
publicly. All submissions should refer to File Number SR-BX-2015-038, 
and should be submitted on or before August 5, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-17297 Filed 7-14-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  41528                          Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Notices

                                                  with respect to the proposed rule                        I. Self-Regulatory Organization’s                     daily volume of 1.5M shares or more of
                                                  change that are filed with the                           Statement of the Terms of Substance of                non-displayed liquidity (rather than
                                                  Commission, and all written                              the Proposed Rule Change                              using orders with midpoint liquidity)
                                                  communications relating to the                              The Exchange proposes to amend BX                  during the month. BX believes that by
                                                  proposed rule change between the                         Rule 7018(a) and to eliminate the Excess              expanding the type of liquidity that
                                                  Commission and any person, other than                    Order Fee in BX Rule 7018(d).                         allows firms to qualify as a QMM will
                                                  those that may be withheld from the                         While the changes proposed herein                  improve the market by incentivizing
                                                  public in accordance with the                            are effective upon filing, the Exchange               firms to provide more liquidity and
                                                  provisions of 5 U.S.C. 552, will be                      has designated that the amendments be                 meet the other QMM criteria. Non-
                                                  available for Web site viewing and                       operative on July 1, 2015.                            displayed orders, which include
                                                  printing in the Commission’s Public                         The text of the proposed rule change               midpoint liquidity, can provide price
                                                  Reference Room, 100 F Street NE.,                        is also available on the Exchange’s Web               improvement and improve the
                                                  Washington, DC 20549 on official                         site at http://nasdaqomxbx.                           experience of members trading on the
                                                  business days between the hours of                       cchwallstreet.com, at the principal                   Exchange and thus provide a benefit to
                                                  10:00 a.m. and 3:00 p.m. Copies of such                  office of the Exchange, and at the                    all other Exchange members.
                                                  filing also will be available for                        Commission’s Public Reference Room.                      The Exchange also proposes to delete
                                                  inspection and copying at the principal                                                                        BX Rule 7018(d), which is the Excess
                                                                                                           II. Self-Regulatory Organization’s                    Order Fee. The Excess Order Fee was
                                                  office of the Exchange. All comments
                                                                                                           Statement of the Purpose of, and                      designed to provide a disincentive to
                                                  received will be posted without change;
                                                                                                           Statutory Basis for, the Proposed Rule                member organizations to engage in order
                                                  the Commission does not edit personal
                                                                                                           Change                                                entry practices that are inefficient and
                                                  identifying information from
                                                  submissions. You should submit only                         In its filing with the Commission, the             thereby burdensome on the systems of
                                                  information that you wish to make                        Exchange included statements                          BX by assessing a fee on member
                                                  available publicly. All submissions                      concerning the purpose of and basis for               organizations if they reach a threshold
                                                  should refer to File Number SR–BATS–                     the proposed rule change and discussed                of order activity based on an Order
                                                  2015–48, and should be submitted on or                   any comments it received on the                       Entry Ratio calculation.3 Although not a
                                                  before August 5, 2015.                                   proposed rule change. The text of these               pervasive characteristic of the market,
                                                                                                           statements may be examined at the                     the fee was adopted to encourage
                                                    For the Commission, by the Division of
                                                                                                           places specified in Item IV below. The                member organizations with such
                                                  Trading and Markets, pursuant to delegated
                                                                                                           Exchange has prepared summaries, set                  practices to enhance the efficiency of
                                                  authority.33
                                                                                                           forth in sections A, B, and C below, of               their systems and modify their order
                                                  Brent J. Fields,                                         the most significant aspects of such                  entry practices, thus improving the
                                                  Secretary.                                               statements.                                           market for all participants.4 An
                                                  [FR Doc. 2015–17294 Filed 7–14–15; 8:45 am]                                                                    unwanted consequence of the rule has
                                                                                                           A. Self-Regulatory Organization’s
                                                  BILLING CODE 8011–01–P                                                                                         been to capture beneficial, liquidity
                                                                                                           Statement of the Purpose of, and
                                                                                                                                                                 providing order flow and thereby
                                                                                                           Statutory Basis for, the Proposed Rule
                                                                                                                                                                 dissuade member organizations from
                                                                                                           Change
                                                  SECURITIES AND EXCHANGE                                                                                        participating in BX in an effort to avoid
                                                  COMMISSION                                               1. Purpose                                            triggering the fee. Moreover, the
                                                                                                              The Exchange is proposing to amend                 Exchange has observed that the fee is
                                                  [Release No. 34–75409; File No. SR–BX–                   BX Rule 7018(a) and to eliminate the                  not assessed on a significant number of
                                                  2015–038]                                                Excess Order Fee in BX Rule 7018(d).                  member organizations nor is it triggered
                                                                                                              Specifically, BX Rule 7018(a) defines              every month, leading the Exchange to
                                                  Self-Regulatory Organizations;                           the criteria for a firm to become a                   conclude that the small number of
                                                  NASDAQ OMX BX, Inc.; Notice of Filing                    Qualified Market Maker (‘‘QMM’’) as by                member organizations that may have
                                                  and Immediate Effectiveness of a                         being a member that provides through                  been affected by the fee because of their
                                                  Proposed Rule Change To Amend                            one or more of its NASDAQ OMX BX                      inefficient order practices have taken
                                                  Exchange Rule 7018                                       Equities System (‘‘System’’) market                   the steps necessary to avoid such
                                                                                                           participant identifiers (‘‘MPIDs’’) more              practices. The Exchange believes that, in
                                                  July 9, 2015.                                            than 0.15% of consolidated volume                     light of the lack of consistent order
                                                     Pursuant to Section 19(b)(1) of the                   (‘‘Consolidated Volume’’) during the                  activity that triggers the fee and the
                                                  Securities Exchange Act of 1934                          month. For a member qualifying under                  negative effect it has had on beneficial
                                                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2                  this method, the member must have at                  order flow, the Excess Order Fee should
                                                  notice is hereby given that on June 30,                  least one qualified MPID (‘‘Qualified                 be eliminated. The Exchange notes that,
                                                  2015, NASDAQ OMX BX, Inc. (‘‘BX’’ or                     MPID’’), that is, an MPID through                     should the inefficient order entry
                                                  ‘‘Exchange’’) filed with the Securities                  which, for at least 200 securities, the               practices that gave rise to the fee once
                                                  and Exchange Commission (‘‘SEC’’ or                      QMM quotes at the national best bid                   again arise, it may adopt the fee once
                                                  ‘‘Commission’’) the proposed rule                        and offer (‘‘NBBO’’) an average of at                 again or take other steps to provide a
                                                  change as described in Items I, II, and                  least 50% of the time during regular                  disincentive for such practices.
                                                  III below, which Items have been                         market hours (9:30 a.m. through 4:00                  2. Statutory Basis
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                                                  prepared by the Exchange. The                            p.m. ET) during the month. Currently,
                                                  Commission is publishing this notice to                  the member must also provide an                         BX believes that the proposed rule
                                                  solicit comments on the proposed rule                    average daily volume of 1.5M shares or                change is consistent with the provisions
                                                  change from interested persons.                          more using orders with midpoint                          3 See BX Rule 7018(d)(2) for a definition of
                                                                                                           pegging during the month.                             ‘‘Order Entry Ratio.’’
                                                    33 17 CFR 200.30–3(a)(12).                                The Exchange proposes to modify this                  4 See Securities Exchange Act Release No. 67272
                                                    1 15 U.S.C. 78s(b)(1).                                 last part of the criteria such that the               (June 27, 2012), 77 FR 39530 (July 3, 2012) (SR–BX–
                                                    2 17 CFR 240.19b–4.                                    member must also provide an average                   2012–042) (adopting the Excess Order Fee).



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                                                                                   Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Notices                                                41529

                                                  of Section 6 of the Act,5 in general, and                   of a free and open market by refining                      practices, BX believes that the degree to
                                                  with Sections 6(b)(4) and 6(b)(5) of the                    and making more effective the means by                     which fee changes in this market may
                                                  Act,6 in particular, in that it provides for                which a member firm may become a                           impose any burden on competition is
                                                  the equitable allocation of reasonable                      QMM. Furthermore firms that currently                      extremely limited.
                                                  dues, fees and other charges among                          qualify as a QMM will not need to                             In this instance, the modification to
                                                  members and issuers and other persons                       change behavior under the new                              part of the criteria to become a QMM
                                                  using any facility or system which the                      qualification method as midpoint                           does not impose a burden on
                                                  Exchange operates or controls, and is                       liquidity is considered non-displayed                      competition because it is optional and is
                                                  designed to prevent fraudulent and                          liquidity.                                                 the subject of competition from other
                                                  manipulative acts and practices, to                            The Exchange believes that                              exchanges. The Exchange does not
                                                  promote just and equitable principles of                    elimination of the Excess Order Fee is
                                                                                                                                                                         believe that the proposed change will
                                                  trade, to foster cooperation and                            reasonable because the fee is not
                                                                                                                                                                         impair the ability of members or
                                                  coordination with persons engaged in                        triggered by a significant number of
                                                                                                                                                                         competing order execution venues to
                                                  regulating, clearing, settling, processing                  member organizations nor is it triggered
                                                                                                                                                                         maintain their competitive standing in
                                                  information with respect to, and                            every month; however, the Exchange
                                                                                                                                                                         the financial markets. Moreover,
                                                  facilitating transactions in securities, to                 believes that certain member
                                                                                                                                                                         because there are numerous competitive
                                                  remove impediments to and perfect the                       organizations are disincentivized from
                                                                                                                                                                         alternatives to the use of the Exchange,
                                                  mechanism of a free and open market                         providing order activity that is
                                                                                                                                                                         it is likely that BX will lose market
                                                  and a national market system, and, in                       beneficial to market participants.
                                                                                                                                                                         share as a result of the changes if they
                                                  general, to protect investors and the                       Moreover, the Exchange may adopt the
                                                                                                                                                                         are unattractive to market participants.
                                                  public interest; and is not designed to                     fee once again should the issues that
                                                  permit unfair discrimination between                        gave rise to it reemerge. The Exchange                        As noted above, the Exchange
                                                  customers, issuers, brokers, or dealers.                    believes that the proposed change is                       believes that elimination of the Excess
                                                     The Exchange proposes to amend the                       consistent with an equitable allocation                    Order Fee will not unfairly burden
                                                  criteria for a firm to become a QMM.                        of fees and is not unfairly                                competition because the fee is not
                                                  The criteria currently states that a                        discriminatory because it eliminates a                     relevant to competition as it was
                                                  member may become a QMM by                                  fee, which applies to all member                           adopted to deter member organizations
                                                  providing through one or more of its                        organizations and which has served as                      from using inefficient order practices
                                                  System MPIDs more than 0.15% of                             a disincentive to certain market                           that place excessive burdens on the
                                                  Consolidated Volume during the month.                       participants in providing beneficial                       systems of BX. Moreover, other
                                                  For a member qualifying under this                          order activity while also not being                        exchanges’ fee schedules do not restrict
                                                  method, the member must have at least                       assessed significantly on member                           order activity by using a fee like the
                                                  one Qualified MPID, that is, an MPID                        organizations. The Exchange believes                       Excess Order Fee. As noted, the
                                                  through which, for at least 200                             that elimination of the Excess Order Fee                   practices that prompted the Exchange to
                                                  securities, the QMM quotes at the NBBO                      will not unfairly burden competition                       adopt the rule have subsided and,
                                                  an average of at least 50% of the time                      because the fee is not relevant to                         consequently, the change does not
                                                  during regular market hours (9:30 a.m.                      competition. The Exchange notes that                       impact the ability of any market
                                                  through 4:00 p.m.) during the month.                        the fee was adopted to deter member                        participant or trading venue to compete.
                                                  Currently, the member must also                             organizations from using inefficient                          Accordingly, BX does not believe that
                                                  provide an average daily volume of                          order practices that place excessive                       the proposed rule change will impair
                                                  1.5M shares or more using orders with                       burdens on the systems of BX and, as a                     the ability of members or competing
                                                  midpoint pegging during the month.                          consequence, was not designed to                           order execution venues to maintain
                                                     [sic] Exchange believes it is                            impact competition among member                            their competitive standing in the
                                                  reasonable to modify this last part of the                  organizations.                                             financial markets.
                                                  criteria such that the member must
                                                                                                              B. Self-Regulatory Organization’s                          C. Self-Regulatory Organization’s
                                                  provide an average daily volume of
                                                                                                              Statement on Burden on Competition                         Statement on Comments on the
                                                  1.5M shares or more of non-displayed
                                                  liquidity (rather than using orders with                       The Exchange does not believe that                      Proposed Rule Change Received From
                                                  midpoint liquidity) during the month                        the proposed rule changes will result in                   Members, Participants, or Others
                                                  because non-displayed orders can                            any burden on competition that is not
                                                  provide price improvement and                               necessary or appropriate in furtherance                      No written comments were either
                                                  improve the experience of members                           of the purposes of the Act, as amended.7                   solicited or received.
                                                  trading on the Exchange and thus                            BX notes that it operates in a highly                      III. Date of Effectiveness of the
                                                  provide a benefit to all other Exchange                     competitive market in which market                         Proposed Rule Change and Timing for
                                                  members. Also, BX believes the                              participants can readily favor dozens of                   Commission Action
                                                  proposed change is reasonable because                       different competing exchanges and
                                                  it expands the opportunity for firms to                     alternative trading systems if they deem                      The foregoing change has become
                                                  qualify as a QMM.                                           fee levels at a particular venue to be                     effective pursuant to Section 19(b)(3)(A)
                                                     The Exchange also believes that the                      excessive, or rebate opportunities                         of the Act 8 and paragraph (f) of Rule
                                                  proposed change is equitably allocated                      available at other venues to be more                       19b–4 9 thereunder. At any time within
                                                  and not unfairly discriminatory because                     favorable. In such an environment, BX                      60 days of the filing of the proposed rule
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                                                  modifying the criteria, as stated above,                    must continually adjust its fees to                        change, the Commission summarily may
                                                  applies uniformly to all members that                       remain competitive with other                              temporarily suspend such rule change if
                                                  seek to become a QMM. Additionally,                         exchanges. Because competitors are free                    it appears to the Commission that such
                                                  the Exchange believes that the proposed                     to modify their own fees in response,                      action is necessary or appropriate in the
                                                  change further perfects the mechanism                       and because market participants may                        public interest, for the protection of
                                                                                                              readily adjust their order routing
                                                    5 15   U.S.C. 78f.                                                                                                     8 15   U.S.C. 78s(b)(3)(A).
                                                    6 15   U.S.C. 78f(b)(4) and (5).                               7 15   U.S.C. 78f(b)(8).                                9 17   CFR 240.19b–4(f).



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                                                  41530                        Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Notices

                                                  investors, or otherwise in furtherance of                  For the Commission, by the Division of                A. Self-Regulatory Organization’s
                                                  the purposes of the Act.                                 Trading and Markets, pursuant to delegated              Statement of the Purpose of, and
                                                                                                           authority.10                                            Statutory Basis for, the Proposed Rule
                                                  IV. Solicitation of Comments                             Brent J. Fields,                                        Change
                                                                                                           Secretary.
                                                    Interested persons are invited to                                                                              1. Purpose
                                                                                                           [FR Doc. 2015–17297 Filed 7–14–15; 8:45 am]
                                                  submit written data, views, and
                                                                                                           BILLING CODE 8011–01–P                                     The Exchange proposes to amend the
                                                  arguments concerning the foregoing,
                                                                                                                                                                   Fee Schedule to modify the transaction
                                                  including whether the proposed rule                                                                              fees for Members that participate in the
                                                  change is consistent with the Act.                       SECURITIES AND EXCHANGE                                 price improvement auction (‘‘PRIME
                                                  Comments may be submitted by any of                      COMMISSION                                              Auction’’ or ‘‘PRIME’’) pursuant to Rule
                                                  the following methods:                                                                                           515A.3 Specifically, the Exchange
                                                                                                           [Release No. 34–75408; File No. SR–MIAX–
                                                  Electronic Comments                                      2015–45]                                                proposes: (i) Increase the fee for a
                                                                                                                                                                   PRIME AOC Response from $0.45 per
                                                    • Use the Commission’s Internet                        Self-Regulatory Organizations; Miami                    contract to $0.49 per contract for
                                                  comment form (http://www.sec.gov/                        International Securities Exchange LLC;                  standard options in Penny Pilot classes;
                                                  rules/sro.shtml); or                                     Notice of Filing and Immediate                          (ii) increase the fee for a PRIME AOC
                                                    • Send an email to rule-comments@                      Effectiveness of a Proposed Rule                        Response from $0.90 per contract to
                                                  sec.gov. Please include File Number SR–                  Change To Amend Its Fee Schedule                        $0.94 per contract for standard options
                                                                                                                                                                   in non-Penny Pilot classes; and (iii)
                                                  BX–2015–038 on the subject line.                         July 9, 2015.                                           provide for additional incentives for
                                                  Paper Comments                                              Pursuant to the provisions of Section                achieving certain Priority Customer
                                                                                                           19(b)(1) of the Securities Exchange Act                 Rebate Program volume tiers.
                                                    • Send paper comments in triplicate                    of 1934 (‘‘Act’’),1 and Rule 19b–4                         Currently, the Exchange assesses
                                                  to Secretary, Securities and Exchange                    thereunder,2 notice is hereby given that                PRIME AOC Responses $0.45 per
                                                  Commission, 100 F Street NE.,                            on July 7, 2015, Miami International                    contract for standard options in Penny
                                                  Washington, DC 20549–1090.                               Securities Exchange LLC (‘‘MIAX’’ or                    Pilot classes and $0.90 per contract in
                                                                                                           ‘‘Exchange’’) filed with the Securities                 non-Penny Pilot classes. The Exchange
                                                  All submissions should refer to File                     and Exchange Commission
                                                  Number SR–BX–2015–038. This file                                                                                 now proposes to modify these fees that
                                                                                                           (‘‘Commission’’) a proposed rule change                 apply to PRIME AOC Responses.
                                                  number should be included on the                         as described in Items I, II, and III below,             Specifically, the Exchange proposes: (i)
                                                  subject line if email is used. To help the               which Items have been prepared by the                   Increase the fee for a PRIME AOC
                                                  Commission process and review your                       Exchange. The Commission is                             Response from $0.45 per contract to
                                                  comments more efficiently, please use                    publishing this notice to solicit                       $0.49 per contract for standard options
                                                  only one method. The Commission will                     comments on the proposed rule change                    in Penny Pilot classes; and (ii) increase
                                                  post all comments on the Commission’s                    from interested persons.                                the fee for a PRIME AOC Response from
                                                  Internet Web site (http://www.sec.gov/                                                                           $0.90 per contract to $0.94 per contract
                                                  rules/sro.shtml). Copies of the                          I. Self-Regulatory Organization’s
                                                                                                           Statement of the Terms of the Substance                 for standard options in non-Penny Pilot
                                                  submission, all subsequent                                                                                       classes. The Exchange will continue to
                                                                                                           of the Proposed Rule Change
                                                  amendments, all written statements                                                                               assess the standard transaction fees to a
                                                  with respect to the proposed rule                           The Exchange is filing a proposal to                 PRIME AOC Response if they execute
                                                  change that are filed with the                           amend the MIAX Options Fee Schedule.                    against unrelated orders.
                                                  Commission, and all written                                 The text of the proposed rule change                    The Exchange proposes to offer
                                                  communications relating to the                           is available on the Exchange’s Web site                 Members that submit PRIME AOC
                                                  proposed rule change between the                         at http://www.miaxoptions.com/filter/                   Responses the opportunity to reduce
                                                  Commission and any person, other than                    wotitle/rule_filing, at MIAX’s principal                transaction fees by $0.04 per contract in
                                                                                                           office, and at the Commission’s Public                  standard options if the Member or its
                                                  those that may be withheld from the
                                                                                                           Reference Room.                                         affiliates of at least 75% common
                                                  public in accordance with the
                                                  provisions of 5 U.S.C. 552, will be                      II. Self-Regulatory Organization’s                      ownership between the firms as
                                                  available for Web site viewing and                       Statement of the Purpose of, and                        reflected on each firm’s Form BD,
                                                  printing in the Commission’s Public                      Statutory Basis for, the Proposed Rule                  Schedule A, qualifies in a given month
                                                  Reference Room, 100 F Street NE.,                        Change                                                  for Priority Customer Rebate Program
                                                  Washington, DC 20549 on official                                                                                 volume tiers 3, 4, or 5 in the Fee
                                                                                                             In its filing with the Commission, the                Schedule. Specifically, any Member or
                                                  business days between the hours of                       Exchange included statements                            its affiliates of at least 75% common
                                                  10:00 a.m. and 3:00 p.m. Copies of such                  concerning the purpose of and basis for                 ownership between the firms as
                                                  filing also will be available for                        the proposed rule change and discussed                  reflected on each firm’s Form BD,
                                                  inspection and copying at the principal                  any comments it received on the                         Schedule A, that qualifies for Priority
                                                  offices of the Exchange. All comments                    proposed rule change. The text of these                 Customer Rebate Program volume tiers
                                                  received will be posted without change;                  statements may be examined at the                       3, 4, or 5 will be assessed a PRIME AOC
                                                  the Commission does not edit personal                    places specified in Item IV below. The                  Response fee of $0.45 per contract for
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                                                  identifying information from                             Exchange has prepared summaries, set                    standard options in Penny Pilot classes.
                                                  submissions. You should submit only                      forth in sections A, B, and C below, of                 In addition, any Member or its affiliates
                                                  information that you wish to make                        the most significant aspects of such                    of at least 75% common ownership
                                                  available publicly. All submissions                      statements.
                                                  should refer to File Number SR–BX–                            10 17
                                                                                                                                                                     3 See Exchange Rule 515A. See also Securities
                                                                                                                      CFR 200.30–3(a)(12).                         Exchange Act Release No.) 72943 (August 28, 2014),
                                                  2015–038, and should be submitted on                          1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                   79 FR 52785 (September 4, 2014) (SR–MIAX–2014–
                                                  or before August 5, 2015.                                     2 17 CFR 240.19b–4.                                45); MIAX Options Fee Schedule, Section 1)a)iv).



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Document Created: 2015-12-15 13:32:56
Document Modified: 2015-12-15 13:32:56
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 41528 

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