80_FR_43289 80 FR 43150 - Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of Withdrawal of Proposed Rule Change, as Modified by Amendment No. 1, To Amend Rules 11.6, 11.8, 11.9, 11.10 and 11.11 of EDGA Exchange, Inc.

80 FR 43150 - Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of Withdrawal of Proposed Rule Change, as Modified by Amendment No. 1, To Amend Rules 11.6, 11.8, 11.9, 11.10 and 11.11 of EDGA Exchange, Inc.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 139 (July 21, 2015)

Page Range43150-43151
FR Document2015-17758

Federal Register, Volume 80 Issue 139 (Tuesday, July 21, 2015)
[Federal Register Volume 80, Number 139 (Tuesday, July 21, 2015)]
[Notices]
[Pages 43150-43151]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17758]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75459; File No. SR-EDGA-2015-10]


Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of 
Withdrawal of Proposed Rule Change, as Modified by Amendment No. 1, To 
Amend Rules 11.6, 11.8, 11.9, 11.10 and 11.11 of EDGA Exchange, Inc.

July 15, 2015.
    On February 20, 2015, EDGA Exchange, Inc. (``Exchange'' or 
``EDGA'') filed with the Securities and Exchange Commission 
(``Commission''), pursuant to Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a 
proposed rule change to amend Rules 11.6, 11.8, 11.9, 11.10 and 11.11 
to clarify and to include additional specificity regarding the current 
functionality of the Exchange's system, including the operation of its 
order types and order instructions. On February 27, 2015, the Exchange 
filed Amendment No. 1 to the proposal.\3\ The proposed rule change, as 
modified by Amendment No. 1, was published for comment in the Federal 
Register on March 10, 2015.\4\ On April 17, 2015, the Commission 
extended the time period in which to either approve or disapprove the 
proposed rule change, as modified by Amendment No. 1, to June 8, 
2015.\5\ The Commission received no comment letters on the proposed 
rule change, as modified by Amendment No. 1. On June 5, 2015, EDGA 
withdrew the proposed rule change, as modified by Amendment No. 1 (SR-
EDGA-2015-10).
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 replaced SR-EDGA-2015-10 and superseded such 
filing in its entirety.
    \4\ See Securities Exchange Act Release No. 74435 (March 4, 
2015), 80 FR 12655.
    \5\ See Securities Exchange Act Release No. 74763 (April 17, 
2015), 80 FR 22751 (April 23, 2015).


[[Page 43151]]


---------------------------------------------------------------------------

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-17758 Filed 7-20-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                    43150                             Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Notices

                                                       A proposed rule change filed under                      Commission summarily may                             2015–05 and should be submitted on or
                                                    Rule 19b–4(f)(6) normally does not                         temporarily suspend such rule change if              before August 11, 2015.
                                                    become operative until 30 days after the                   it appears to the Commission that such                 For the Commission, pursuant to delegated
                                                    date of filing.10 However, Rule 19b–                       action is necessary or appropriate in the            authority.18
                                                    4(f)(6)(iii) 11 permits the Commission to                  public interest, for the protection of
                                                    designate a shorter time if such action                                                                         Robert W. Errett,
                                                                                                               investors, or otherwise in furtherance of
                                                    is consistent with the protection of                       the purposes of the Act.                             Deputy Secretary.
                                                    investors and the public interest.12 The                                                                        [FR Doc. 2015–17779 Filed 7–20–15; 8:45 am]
                                                    MSRB has requested that the                                IV. Solicitation of Comments
                                                                                                                                                                    BILLING CODE 8011–01–P
                                                    Commission designate the proposed                            Interested persons are invited to
                                                    rule change operative upon filing,13 as                    submit written data, views, and
                                                    specified in Rule 19b–4(f)(6)(iii),14                      arguments concerning the foregoing,                  SECURITIES AND EXCHANGE
                                                    which would make the proposed rule                         including whether the proposed rule                  COMMISSION
                                                    change operative on June 30, 2015. The                     change is consistent with the Act.
                                                    MSRB has stated that an earlier                            Comments may be submitted by any of                  [Release No. 34–75459; File No. SR–EDGA–
                                                    operative date would provide                               the following methods:                               2015–10]
                                                    underwriters with certainty regarding
                                                    the due date of their first submission on                  Electronic Comments                                  Self-Regulatory Organizations; EDGA
                                                    Form G–45.15
                                                       The Commission hereby grants the                          • Use the Commission’s Internet                    Exchange, Inc.; Notice of Withdrawal
                                                                                                               comment form (http://www.sec.gov/                    of Proposed Rule Change, as Modified
                                                    MSRB’s request and believes that
                                                                                                               rules/sro.shtml); or                                 by Amendment No. 1, To Amend Rules
                                                    designating the proposed rule change
                                                                                                                 • Send an email to rule-comments@                  11.6, 11.8, 11.9, 11.10 and 11.11 of
                                                    operative upon filing is consistent with
                                                    the protection of investors and the                        sec.gov. Please include File Number SR–              EDGA Exchange, Inc.
                                                    public interest.16 According to the                        MSRB–2015–05 on the subject line.                    July 15, 2015.
                                                    MSRB, Rule G–45 is designed to enable                      Paper Comments
                                                    the MSRB to collect reliable information                                                                           On February 20, 2015, EDGA
                                                    about 529 plans solely for regulatory                         • Send paper comments in triplicate               Exchange, Inc. (‘‘Exchange’’ or ‘‘EDGA’’)
                                                    purposes and to analyze that                               to Secretary, Securities and Exchange                filed with the Securities and Exchange
                                                    information to better understand the                       Commission, 100 F Street NE.,                        Commission (‘‘Commission’’), pursuant
                                                    market and the manner in which assets                      Washington, DC 20549.                                to Section 19(b)(1) of the Securities
                                                    are invested.17 The Commission                             All submissions should refer to File                 Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                    believes that designating the proposed                     Number SR–MSRB–2015–05. This file                    19b–4 thereunder,2 a proposed rule
                                                    rule change operative upon filing is                       number should be included on the                     change to amend Rules 11.6, 11.8, 11.9,
                                                    consistent with the protection of                          subject line if email is used. To help the           11.10 and 11.11 to clarify and to include
                                                    investors and the public interest                          Commission process and review your                   additional specificity regarding the
                                                    because it will provide underwriters                       comments more efficiently, please use                current functionality of the Exchange’s
                                                    with certainty regarding the due date of                   only one method. The Commission will                 system, including the operation of its
                                                    their initial Form G–45 submission, as                     post all comments on the Commission’s                order types and order instructions. On
                                                    well as help ensure that the MSRB                                                                               February 27, 2015, the Exchange filed
                                                                                                               Internet Web site (http://www.sec.gov/
                                                    receives reliable, complete and accurate                                                                        Amendment No. 1 to the proposal.3 The
                                                                                                               rules/sro.shtml). Copies of the
                                                    filings on Form G–45. In addition, the
                                                                                                               submission, all subsequent                           proposed rule change, as modified by
                                                    proposed rule change is not making any
                                                                                                               amendments, all written statements                   Amendment No. 1, was published for
                                                    substantive changes to MSRB rules; it is
                                                                                                               with respect to the proposed rule                    comment in the Federal Register on
                                                    only extending the deadline under Rule
                                                                                                               change that are filed with the                       March 10, 2015.4 On April 17, 2015, the
                                                    G–45 for initial submissions of Form G–
                                                                                                               Commission, and all written                          Commission extended the time period
                                                    45 by 60 days, until October 28, 2015.
                                                                                                               communications relating to the                       in which to either approve or
                                                    Therefore, the Commission hereby
                                                                                                               proposed rule change between the                     disapprove the proposed rule change, as
                                                    designates the proposed rule change
                                                    operative upon filing.                                     Commission and any person, other than                modified by Amendment No. 1, to June
                                                       At any time within 60 days of the                       those that may be withheld from the                  8, 2015.5 The Commission received no
                                                    filing of the proposed rule change, the                    public in accordance with the                        comment letters on the proposed rule
                                                                                                               provisions of 5 U.S.C. 552, will be                  change, as modified by Amendment No.
                                                      10 Id.                                                   available for Web site viewing and                   1. On June 5, 2015, EDGA withdrew the
                                                      11 17  CFR 240.19b–4(f)(6)(iii).                         printing in the Commission’s Public
                                                                                                                                                                    proposed rule change, as modified by
                                                      12 In addition, Rule 19b–4(f)(6)(iii) requires a self-   Reference Room, 100 F Street NE.,
                                                    regulatory organization to give the Commission                                                                  Amendment No. 1 (SR–EDGA–2015–
                                                                                                               Washington, DC 20549 on official
                                                    written notice of its intent to file a proposed rule
                                                                                                               business days between the hours of                   10).
                                                    change, along with a brief description and text of
                                                    such proposed rule change, at least five business          10:00 a.m. and 3:00 p.m. Copies of the
                                                    days prior to the date of filing, or such shorter time     filing also will be available for
                                                    as designated by the Commission. The MSRB                  inspection and copying at the principal
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    satisfied this requirement on June 23, 2015.                                                                      18 17 CFR 200.30–3(a)(12).
                                                       13 See SR–MSRB–2015–05.
                                                                                                               office of the MSRB. All comments
                                                                                                                                                                      1 15 U.S.C. 78s(b)(1).
                                                       14 17 CFR 240.19b–4(f)(6)(iii).                         received will be posted without change;                2 17 CFR 240.19b–4.
                                                       15 See supra note 13.                                   the Commission does not edit personal                  3 Amendment No. 1 replaced SR–EDGA–2015–10
                                                       16 For the purposes only of accelerating the            identifying information from
                                                                                                                                                                    and superseded such filing in its entirety.
                                                    operative date of this proposal, the Commission has        submissions. You should submit only                    4 See Securities Exchange Act Release No. 74435
                                                    considered the proposed rule change’s impact on            information that you wish to make
                                                    efficiency, competition, and capital formation. See                                                             (March 4, 2015), 80 FR 12655.
                                                    15 U.S.C. 78c(f).                                          available publicly. All submissions                    5 See Securities Exchange Act Release No. 74763
                                                       17 See supra Section II.A.I.                            should refer to File Number SR–MSRB–                 (April 17, 2015), 80 FR 22751 (April 23, 2015).



                                               VerDate Sep<11>2014    17:58 Jul 20, 2015   Jkt 235001   PO 00000   Frm 00100   Fmt 4703   Sfmt 4703   E:\FR\FM\21JYN1.SGM     21JYN1


                                                                                    Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Notices                                                         43151

                                                      For the Commission, by the Division of                 SECURITIES AND EXCHANGE                                  Complex PIXL 7 Orders 8; (ii) increase
                                                    Trading and Markets, pursuant to delegated               COMMISSION                                               the assessment of Multiply Listed
                                                    authority.6                                                                                                       Options fees for non-Penny Pilot 9
                                                    Robert W. Errett,                                        [Release No. 34–75455; File No. SR–Phlx–                 Options for electronic Professional,10
                                                    Deputy Secretary.                                        2015–61]                                                 Broker-Dealer,11 and Firm 12 orders; (iii)
                                                    [FR Doc. 2015–17758 Filed 7–20–15; 8:45 am]
                                                                                                             Self-Regulatory Organizations;                           delete Customer Rebate Tier 2 and Tier
                                                    BILLING CODE 8011–01–P                                                                                            3 from notes 13 [sic] and 14 dealing
                                                                                                             NASDAQ OMX PHLX LLC; Notice of
                                                                                                                                                                      with Common Ownership; 13 and (iv)
                                                                                                             Filing and Immediate Effectiveness of
                                                                                                                                                                      increase the assessment of Singly-Listed
                                                    SECURITIES AND EXCHANGE                                  Proposed Rule Change Relating to
                                                                                                                                                                      FX options 14 fees for Professional,
                                                    COMMISSION                                               Customer Rebate Program, Multiply
                                                                                                                                                                      Broker-Dealer, and Firm orders.
                                                                                                             Listed Options, and Singly-Listed                           The text of the proposed rule change
                                                    [Release No. 34–75457; File No. SR–EDGX–                 Options
                                                    2015–08]                                                                                                          is available on the Exchange’s Web site
                                                                                                             July 15, 2015.                                           at http://
                                                    Self-Regulatory Organizations; EDGX                         Pursuant to Section 19(b)(1) of the                   nasdaqomxphlx.cchwallstreet.com/, at
                                                    Exchange, Inc.; Notice of Withdrawal                     Securities Exchange Act of 1934                          the principal office of the Exchange, and
                                                    of Proposed Rule Change, as Modified                     (‘‘Act’’),1 and Rule 19b–4 thereunder,2                  at the Commission’s Public Reference
                                                    by Amendment No. 1, To Amend Rules                       notice is hereby given that on July 1,                   Room.
                                                    11.6, 11.8, 11.9, 11.10 and 11.11 of                     2015, NASDAQ OMX PHLX LLC                                II. Self-Regulatory Organization’s
                                                    EDGX Exchange, Inc.                                      (‘‘Phlx’’ or ‘‘Exchange’’) filed with the                Statement of the Purpose of, and
                                                    July 15, 2015.                                           Securities and Exchange Commission                       Statutory Basis for, the Proposed Rule
                                                       On February 20, 2015, EDGX                            (‘‘SEC’’ or ‘‘Commission’’) the proposed                 Change
                                                    Exchange, Inc. (‘‘Exchange’’ or ‘‘EDGX’’)                rule change as described in Items I, II,                    In its filing with the Commission, the
                                                    filed with the Securities and Exchange                   and III, below, which Items have been                    Exchange included statements
                                                    Commission (‘‘Commission’’), pursuant                    prepared by the Exchange. The                            concerning the purpose of and basis for
                                                    to Section 19(b)(1) of the Securities                    Commission is publishing this notice to                  the proposed rule change and discussed
                                                    Exchange Act of 1934 (‘‘Act’’) 1 and Rule                solicit comments on the proposed rule                    any comments it received on the
                                                    19b–4 thereunder,2 a proposed rule                       change from interested persons.                          proposed rule change. The text of these
                                                    change to amend Rules 11.6, 11.8, 11.9,                  I. Self-Regulatory Organization’s                        statements may be examined at the
                                                    11.10 and 11.11 to clarify and to include                Statement of the Terms of Substance of                   places specified in Item IV below. The
                                                    additional specificity regarding the                     the Proposed Rule Change
                                                    current functionality of the Exchange’s                                                                              7 PIXLSM is the Exchange’s price improvement

                                                    system, including the operation of its                      The Exchange proposes to modify the                   mechanism known as Price Improvement XL or
                                                    order types and order instructions. On                   Phlx Pricing Schedule (‘‘Pricing                         PIXL. See Rule 1080(n).
                                                    February 27, 2015, the Exchange filed                    Schedule’’). Specifically, the Exchange                     8 A transaction resulting from an order that was

                                                                                                             proposes to amend pricing in Section B,                  electronically delivered utilizes Phlx XL. See
                                                    Amendment No. 1 to the proposal.3 The                                                                             Exchange Rules 1014 and 1080. Electronically
                                                    proposed rule change, as modified by                     entitled ‘‘Customer Rebate Program,’’ 3                  delivered orders do not include orders transacted
                                                    Amendment No. 1, was published for                       Section II, entitled ‘‘Multiply Listed                   on the Exchange floor. A transaction resulting from
                                                                                                             Options Fees,’’ 4 and Section III, entitled              an order that is non-electronically-delivered is
                                                    comment in the Federal Register on                                                                                represented on the trading floor by a floor broker.
                                                    March 10, 2015.4 On April 17, 2015, the                  ‘‘Singly Listed Options,’’ 5 of the Pricing              See Exchange Rule 1063. All orders are either
                                                    Commission extended the time period                      Schedule. The Exchange proposes these                    electronically or non-electronically delivered.
                                                    in which to either approve or                            amendments in order to: (i) Increase the                    9 The Penny Pilot was established in January 2007

                                                    disapprove the proposed rule change, as                  rebates specifically for Tier 4 and Tier                 and was last extended in 2015. See Securities
                                                                                                             5 (Category B) electronic Complex 6 and                  Exchange Act Release Nos. 55153 (January 23,
                                                    modified by Amendment No. 1, to June                                                                              2007), 72 FR 4553 (January 31, 2007) (SR–Phlx–
                                                    8, 2015.5 The Commission received no                                                                              2006–74) (notice of filing and approval order
                                                    comment letters on the proposed rule                          1 15
                                                                                                                     U.S.C. 78s(b)(1).                                establishing Penny Pilot); and 75286 (June 24, 2015)
                                                    change, as modified by Amendment No.                          2 17
                                                                                                                     CFR 240.19b–4.                                   (SR–Phlx–2015–54) (notice of filing and immediate
                                                                                                                3 The term ‘‘Customer’’ applies to any transaction    effectiveness extending the Penny Pilot through
                                                    1. On June 5, 2015, EDGX withdrew the                                                                             June 30, 2016). Non-Penny Pilot Options are
                                                                                                             that is identified by a member or member
                                                    proposed rule change, as modified by                     organization for clearing in the Customer range at       options other than Penny Pilot Options listed on the
                                                    Amendment No. 1 (SR–EDGX–2015–                           The Options Clearing Corporation (‘‘OCC’’) which         Exchange (e.g. AAPL, BAC, EEM, FB, FXI, IWM,
                                                    08).                                                     is not for the account of broker or dealer or for the    QQQ, TWTR, VXX and XLF), which can be found
                                                                                                             account of a ‘‘Professional’’ (as that term is defined   at http://www.nasdaqtrader.com/
                                                      For the Commission, by the Division of                 in Rule 1000(b)(14).                                     Micro.aspx?id=phlx.
                                                    Trading and Markets, pursuant to delegated                  4 This includes options overlying equities,              10 The term ‘‘Professional’’ means any person or

                                                    authority.6                                              exchange traded funds (‘‘ETFs’’), exchange traded        entity that (i) is not a broker or dealer in securities,
                                                    Robert W. Errett,                                        notes (‘‘ETNs’’) and indexes which are Multiply          and (ii) places more than 390 orders in listed
                                                                                                             Listed.                                                  options per day on average during a calendar month
                                                    Deputy Secretary.                                           5 This includes options overlying foreign             for its own beneficial account(s). See Rule
                                                    [FR Doc. 2015–17756 Filed 7–20–15; 8:45 am]              exchange (‘‘FX’’), equities, ETFs, ETNs, and indexes     1000(b)(14).
                                                                                                                                                                         11 The term ‘‘Broker-Dealer’’ applies to any
                                                    BILLING CODE 8011–01–P                                   not listed on another exchange.
                                                                                                                6 A Complex Order is any order involving the          transaction which is not subject to any of the other
                                                                                                                                                                      transaction fees applicable within a particular
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                      6 17 CFR 200.30–3(a)(12).                              simultaneous purchase and/or sale of two or more
                                                                                                             different options series in the same underlying          category.
                                                      1 15 U.S.C. 78s(b)(1).                                                                                             12 The term ‘‘Firm’’ applies to any transaction that
                                                      2 17 CFR 240.19b–4.
                                                                                                             security, priced at a net debit or credit based on the
                                                                                                             relative prices of the individual components, for the    is identified by a member or member organization
                                                      3 Amendment No. 1 replaced SR–EDGX–2015–08                                                                      for clearing in the Firm range at The Options
                                                                                                             same account, for the purpose of executing a
                                                    and superseded such filing in its entirety.              particular investment strategy. Furthermore, a           Clearing Corporation.
                                                      4 See Securities Exchange Act Release No. 74439                                                                    13 The term ‘‘Common Ownership’’ means
                                                                                                             Complex Order can also be a stock-option order,
                                                    (March 4, 2015), 80 FR 12666.                            which is an order to buy or sell a stated number         members or member organizations under 75%
                                                      5 See Securities Exchange Act Release No. 74762
                                                                                                             of units of an underlying stock or ETF coupled with      common ownership or control.
                                                    (April 17, 2015), 80 FR 22753 (April 23, 2015).          the purchase or sale of options contract(s). See            14 FX options include XDB, XDE, XDN, XDS,
                                                      6 17 CFR 200.30–3(a)(12).                              Exchange Rule 1080, Commentary .07(a)(i).                XDA, XDM, XEH, XEV, XDZ, XDC, and XDV.



                                               VerDate Sep<11>2014   17:58 Jul 20, 2015   Jkt 235001   PO 00000     Frm 00101   Fmt 4703   Sfmt 4703   E:\FR\FM\21JYN1.SGM   21JYN1



Document Created: 2018-02-23 09:23:36
Document Modified: 2018-02-23 09:23:36
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 43150 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR