80 FR 43509 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Amend Exchange Rule 1080(n), Price Improvement XL (“PIXLSM
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 80, Issue 140 (July 22, 2015)
Federal Register Volume 80, Issue 140 (July 22, 2015)
| Page Range | 43509-43511 | |
| FR Document | 2015-17892 |
[Federal Register Volume 80, Number 140 (Wednesday, July 22, 2015)] [Notices] [Pages 43509-43511] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-17892] [[Page 43509]] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-75470; File No. SR-Phlx-2015-63] Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Amend Exchange Rule 1080(n), Price Improvement XL (``PIXLSM'') to Extend, Until July 18, 2016, a Pilot Program July 16, 2105. 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 July 14, 2015, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'') filed with the Securities and Exchange Commission (``SEC'' or ``Commission'') the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend Exchange Rule 1080(n), Price Improvement XL (``PIXLSM'') to extend, through July 18, 2016, a pilot program (the ``pilot'') concerning (i) the early conclusion of the PIXL Auction (as described below), and (ii) permitting orders of fewer than 50 contracts into the PIXL Auction. The current pilot is scheduled to expire July 18, 2015.\3\ --------------------------------------------------------------------------- \3\ The extension of the pilot relates to several subparagraphs of Rule 1080(n) in respect of PIXL and Complex Order PIXL, as discussed below. --------------------------------------------------------------------------- Proposed new text is italicized. Deleted text is [bracketed]. * * * * * NASDAQ OMX PHLX LLC Rules Options Rules Rule 1080. Phlx XL and Phlx XL II (a)-(m) No change. (n) Price Improvement XL (``PIXL'') A member may electronically submit for execution an order it represents as agent on behalf of a public customer, broker-dealer, or any other entity (``PIXL Order'') against principal interest or against any other order (except as provided in sub-paragraph (n)(i)(F) below) it represents as agent (an ``Initiating Order'') provided it submits the PIXL Order for electronic execution into the PIXL Auction (``Auction'') pursuant to this Rule. The contract size specified in Rule 1080(n) as applicable to PIXL Orders shall apply to Mini Options. (i) Auction Eligibility Requirements. All options traded on the Exchange are eligible for PIXL. A member (the ``Initiating Member'') may initiate an Auction provided all of the following are met: (A) No change. (B) No change. (C) If the PIXL Order is a Complex Order and of a conforming ratio, as defined in Commentary.08(a)(i) and (a)(ix) to Rule 1080, the Initiating Member must stop the entire PIXL order at a price that is better than the best net price (debit or credit) (i) available on the Complex Order book regardless of the Complex Order book size; and (ii) achievable from the best Phlx bids and offers for the individual options (an ``improved net price''), provided in either case that such price is equal to or better than the PIXL Order's limit price. Complex Orders consisting of a ratio other than a conforming ratio will not be accepted. This sub-paragraph (C) shall apply to all Complex Orders submitted into PIXL. This sub-paragraph (C), where applied to Complex Orders where the smallest leg is less than 50 contracts in size, shall be effective for a pilot period scheduled to expire July 18, 201[5]6. (D)-(G) No change. (ii) Auction Process. Only one Auction may be conducted at a time in any given series or strategy. Once commenced, an Auction may not be cancelled and shall proceed as follows: (A) No change. (B) Conclusion of Auction. The PIXL Auction shall conclude at the earlier to occur of (1) through (4) below, with the PIXL Order executing pursuant to paragraph (C)(1) through (3) below. (1)-(4) No change. (5) Sub-paragraphs (B)(2), (B)(3) and (B)(4) above shall be effective for a pilot period scheduled to expire July 18, 201[5]6. (C) No change. (D) An unrelated market or marketable limit order (against the PBBO) on the opposite side of the market from the PIXL Order received during the Auction will not cause the Auction to end early and will execute against interest outside of the Auction. In the case of a Complex PIXL Auction, an unrelated market or marketable limit Complex Order on the opposite side of the market from the Complex PIXL Order as well as orders for the individual components of the Complex Order received during the Auction will not cause the Auction to end early and will execute against interest outside of the Auction. If contracts remain from such unrelated order at the time the Auction ends, they will be considered for participation in the order allocation process described in sub-paragraph (E) below. This sub-paragraph shall be effective for a pilot period scheduled to expire on July 18, 201[5]6. (E)-(J) No change. (iii)-(vi) No change. (vii) Initially, and for at least a Pilot Period expiring on July 18, 201[5]6, there will be no minimum size requirement for orders to be eligible for the Auction. During this Pilot Period, the Exchange will submit certain data, periodically as required by the Commission, to provide supporting evidence that, among other things, there is meaningful competition for all size orders and that there is an active and liquid market functioning on the Exchange outside of the Auction mechanism. Any raw data which is submitted to the Commission will be provided on a confidential basis. * * * * * II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposed rule change is to extend the pilot through July 18, 2016. Background The Exchange adopted PIXL in October 2010 as a price-improvement mechanism on the Exchange.\4\ PIXL is a [[Page 43510]] component of the Exchange's fully automated options trading system, PHLX XL[supreg] that allows an Exchange member (an ``Initiating Member'') to electronically submit for execution an order it represents as agent on behalf of a public customer, broker dealer, or any other entity (``PIXL Order'') against principal interest or against any other order it represents as agent (an ``Initiating Order'') provided it submits the PIXL Order for electronic execution into the PIXL Auction (``Auction'') pursuant to the Rule. --------------------------------------------------------------------------- \4\ See Securities Exchange Act Release Nos. 63027 (October 1, 2010), 75 FR 62160 (October 7, 2010) (SR-Phlx-2010-108) (Order Granting Approval to a Proposed Rule Change Relating to a Proposed Price Improvement System, Price Improvement XL); 65043 (August 5, 2011), 76 FR 49824 (August 11, 2011) (SR-Phlx-2011-104) (Extending Pilot for Price Improvement System, Price Improvement XL); 67399 (July 11, 2012), 77 FR 42048 (July 17, 2012) (SR-Phlx-2012-94) (Extending Pilot for Price Improvement System, Price Improvement XL); 69845 (June 25, 2013), 78 FR 39429 (July 1, 2013) (SR-Phlx- 2013-46) (Order Granting Approval To Proposed Rule Change, as Modified by Amendment No. 1, Regarding Complex Order PIXL); 69989 (July 16, 2013), 78 FR 43950 (July 22, 2013) (SR-Phlx-2013-74) (Extending Pilot for Price Improvement System, Price Improvement XL); and 72619 (July 16, 2014), 79 FR 42613 (July 22, 2014) (Extending Pilot for Price Improvement System, Price Improvement XL). --------------------------------------------------------------------------- An Initiating Member may initiate a PIXL Auction by submitting a PIXL Order, which is not a Complex Order, in one of three ways:First, the Initiating Member could submit a PIXL Order specifying a single price at which it seeks to execute the PIXL Order (a ``stop price''). Second, an Initiating Member could submit a PIXL Order specifying that it is willing to automatically match as principal or as agent on behalf of an Initiating Order the price and size of all trading interest and responses to the PIXL Auction Notification (``PAN,'' as described below) (``auto-match''), in which case the PIXL Order will be stopped at the National Best Bid/Offer (``NBBO'') on the Initiating Order side. Third, an Initiating Member could submit a PIXL Order specifying that it is willing to either: (i) Stop the entire order at a single stop price and auto-match PAN responses, as described below, together with trading interest, at a price or prices that improve the stop price to a specified price above or below which the Initiating Member will not trade (a ``Not Worse Than'' or ``NWT'' price); (ii) stop the entire order at a single stop price and auto-match all PAN responses and trading interest at or better than the stop price; or (iii) stop the entire order at the NBBO on the Initiating Order side, and auto-match PAN responses and trading interest are at a price or prices that improve the stop price up to the NWT price. In all cases, if the PHLX Best Bid/Offer (``PBBO'') on the same side of the market as the PIXL Order represents a limit order on the book, the stop price must be at least one minimum price improvement increment better than the booked limit order's limit price. In addition, an Initiating Member may initiate a PIXL Auction by submitting a Complex Order which is of a conforming ratio, as defined in Commentary .08(a)(i) and (a)(ix) to Rule 1080. When submitting a Complex Order, the Initiating Member must stop the PIXL order at a price that is better than the best net price (debit or credit) (i) available on the Complex Order book regardless of the Complex Order book size; and (ii) achievable from the best PHLX bids and offers for the individual options (an ``improved net price''), provided in either case that such price is equal to or better than the PIXL Order's limit price. After the PIXL Order is entered, a PAN is broadcast and a one- second blind Auction ensues. Anyone may respond to the PAN by sending orders or quotes. At the conclusion of the Auction, the PIXL Order will be allocated at the best price(s). Once the Initiating Member has submitted a PIXL Order for processing, such PIXL Order may not be modified or cancelled. Under any of the above circumstances, the Initiating Member's stop price or NWT price may be improved to the benefit of the PIXL Order during the Auction, but may not be cancelled. After a PIXL Order has been submitted, a member organization submitting the order has no ability to control the timing of the execution. The execution is carried out by the Exchange's PHLX XL automated options trading system and pricing is determined solely by the other orders and quotes that are present in the Auction. The Pilot Three components of the PIXL system were approved by the Commission on a pilot basis: (1) Paragraphs (n)(i)(A)(2),\5\ (n)(i)(B)(2), and (n)(i)(C) of Rule 1080, relating to auction eligibility requirements; (2) paragraphs (n)(ii)(B)(5) and (n)(ii)(D) of Rule 1080, relating to the early conclusion of the PIXL Auction; and (3) paragraph (n)(vii) of Rule 1080, stating that there shall be no minimum size requirement of orders entered into PIXL. The pilot was extended until July 18, 2015.\6\ The Exchange notes that during the pilot period it has been required to submit, and has been submitting, certain data periodically as required by the Commission, to provide supporting evidence that, among other things, there is meaningful competition for all size orders and that there is an active and liquid market functioning on the Exchange outside of the Auction mechanism.\7\ --------------------------------------------------------------------------- \5\ On March 9, 2012, the Exchange filed a proposed rule change to clarify Exchange Rule 1080(n)(i)(A)(2). See Securities Exchange Act Release No. 66583 (March 13, 2012), 77 FR 16108 (March 19, 2012) (SR-Phlx-2012-032) (Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Price Improvement System, Price Improvement XL). The amendment reflected the correct price--at or better than the NBBO--at which an Initiating Member must guarantee the execution of a PIXL Order that the Initiating Member submits into a PIXL Auction. \6\ See supra note 4. \7\ See Exchange Rule 1080(n)(vii). --------------------------------------------------------------------------- In further support of this proposed rule change, the Exchange would continue to submit to the Commission detailed data from, and analysis of, the PIXL pilot. Further, the Exchange will provide certain additional data requested by the Commission regarding trading in the PIXL Auction for the six (6) month period from January 1, 2015 through June 30, 2015. The Exchange agrees to provide this data by January 18, 2016 and to make the summary of the data provided to the Commission publicly available. The Exchange continues to believe that there remains meaningful competition for all size orders and that there is an active and liquid market functioning on the Exchange outside of the PIXL Auction and that there is significant price improvement for orders entered into the PIXL Auction. The Exchange believes the additional data will substantiate the Exchange's belief and provide further evidence in support of permanent approval of the PIXL Pilot. The Exchange proposes to extend the pilot through July 18, 2016. The Exchange believes that the proposed extension should afford the Commission additional time to evaluate the pilot. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the provisions of Section 6 of the Act,\8\ in general and with Section 6(b)(5) of the Act,\9\ in that it is designed 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, [[Page 43511]] or to regulate by virtue of any authority conferred by the Act matters not related to the purposes of the Act or the administration of the Exchange. --------------------------------------------------------------------------- \8\ 15 U.S.C. 78f. \9\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- The Exchange believes that the proposed rule change is also consistent with Section 6(b)(8) of the Act \10\ in that it does not impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. --------------------------------------------------------------------------- \10\ 15 U.S.C. 78f(b)(8). --------------------------------------------------------------------------- Specifically, the Exchange believes that PIXL, including the rules to which the pilot applies, results in increased liquidity available at improved prices, with competitive final pricing out of the Initiating Member's complete control. The Exchange believes that PIXL promotes and fosters competition and affords the opportunity for price improvement to more options contracts. The extension proposal allows additional time for the Commission to evaluate the pilot. B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. The proposal extends existing pilots that apply to all Exchange members, and enables the Exchange to be competitive in respect of other option exchanges that have similar programs. 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 Because the foregoing proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act \11\ and subparagraph (f)(6) of Rule 19b-4 thereunder.\12\ --------------------------------------------------------------------------- \11\ 15 U.S.C. 78s(b)(3)(A). \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) requires the Exchange to give the Commission written notice of the Exchange's intent to file the proposed rule change along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement. --------------------------------------------------------------------------- A proposed rule change filed under Rule 19b-4(f)(6) \13\ normally does not become operative for 30 days after the date of filing. However, pursuant to Rule 19b-4(f)(6)(iii),\14\ the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange requested that the Commission waive the 30-day operative delay. The Exchange noted that the pilot is scheduled to expire July 18, 2015. According to the Exchange, a waiver of the operative delay will allow uninterrupted application of the PIXL pilot and thereby ensure fair competition with other exchanges that have similar programs. --------------------------------------------------------------------------- \13\ 17 CFR 240.19b-4(f)(6). \14\ 17 CFR 240.19b-4(f)(6)(iii). --------------------------------------------------------------------------- The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest, as it will allow the PIXL pilot to continue uninterrupted, thereby avoiding any potential investor confusion that could result from a temporary interruption in the pilot. Therefore, the Commission designates the proposed rule change to be operative on July 18, 2015.\15\ --------------------------------------------------------------------------- \15\ For purposes only of waiving the operative delay, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). --------------------------------------------------------------------------- At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-Phlx-2015-63 on the subject line. Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-Phlx-2015-63. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-Phlx-2015-63 and should be submitted on or before August 12, 2015. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\16\ --------------------------------------------------------------------------- \16\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Robert W. Errett, Deputy Secretary. [FR Doc. 2015-17892 Filed 7-21-15; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Notices 43509
SECURITIES AND EXCHANGE pursuant to this Rule. The contract size will execute against interest outside of
COMMISSION specified in Rule 1080(n) as applicable the Auction. If contracts remain from
to PIXL Orders shall apply to Mini such unrelated order at the time the
[Release No. 34–75470; File No. SR–Phlx– Options. Auction ends, they will be considered
2015–63] (i) Auction Eligibility Requirements. for participation in the order allocation
All options traded on the Exchange are process described in sub-paragraph (E)
Self-Regulatory Organizations;
eligible for PIXL. A member (the below. This sub-paragraph shall be
NASDAQ OMX PHLX LLC; Notice of
‘‘Initiating Member’’) may initiate an effective for a pilot period scheduled to
Filing and Immediate Effectiveness of
Auction provided all of the following expire on July 18, 201[5]6.
Proposed Rule Change to Amend
are met: (E)–(J) No change.
Exchange Rule 1080(n), Price
(A) No change. (iii)–(vi) No change.
Improvement XL (‘‘PIXLSM’’) to Extend, (B) No change. (vii) Initially, and for at least a Pilot
Until July 18, 2016, a Pilot Program (C) If the PIXL Order is a Complex Period expiring on July 18, 201[5]6,
July 16, 2105. Order and of a conforming ratio, as there will be no minimum size
Pursuant to Section 19(b)(1) of the defined in Commentary.08(a)(i) and requirement for orders to be eligible for
Securities Exchange Act of 1934 (a)(ix) to Rule 1080, the Initiating the Auction. During this Pilot Period,
(‘‘Act’’),1 and Rule 19b–4 thereunder,2 Member must stop the entire PIXL order the Exchange will submit certain data,
notice is hereby given that on July 14, at a price that is better than the best net periodically as required by the
2015, NASDAQ OMX PHLX LLC price (debit or credit) (i) available on the Commission, to provide supporting
(‘‘Phlx’’ or ‘‘Exchange’’) filed with the Complex Order book regardless of the evidence that, among other things, there
Securities and Exchange Commission Complex Order book size; and (ii) is meaningful competition for all size
(‘‘SEC’’ or ‘‘Commission’’) the proposed achievable from the best Phlx bids and orders and that there is an active and
rule change as described in Items I and offers for the individual options (an liquid market functioning on the
II below, which Items have been ‘‘improved net price’’), provided in Exchange outside of the Auction
prepared by the Exchange. The either case that such price is equal to or mechanism. Any raw data which is
Commission is publishing this notice to better than the PIXL Order’s limit price. submitted to the Commission will be
solicit comments on the proposed rule Complex Orders consisting of a ratio provided on a confidential basis.
change from interested persons. other than a conforming ratio will not be * * * * *
accepted. This sub-paragraph (C) shall
I. Self-Regulatory Organization’s apply to all Complex Orders submitted II. Self-Regulatory Organization’s
Statement of the Terms of Substance of into PIXL. This sub-paragraph (C), Statement of the Purpose of, and
the Proposed Rule Change where applied to Complex Orders where Statutory Basis for, the Proposed Rule
the smallest leg is less than 50 contracts Change
The Exchange proposes to amend
Exchange Rule 1080(n), Price in size, shall be effective for a pilot In its filing with the Commission, the
Improvement XL (‘‘PIXLSM’’) to extend, period scheduled to expire July 18, Exchange included statements
through July 18, 2016, a pilot program 201[5]6. concerning the purpose of and basis for
(the ‘‘pilot’’) concerning (i) the early (D)–(G) No change. the proposed rule change and discussed
conclusion of the PIXL Auction (as (ii) Auction Process. Only one any comments it received on the
described below), and (ii) permitting Auction may be conducted at a time in proposed rule change. The text of these
orders of fewer than 50 contracts into any given series or strategy. Once statements may be examined at the
the PIXL Auction. The current pilot is commenced, an Auction may not be places specified in Item IV below. The
scheduled to expire July 18, 2015.3 cancelled and shall proceed as follows: Exchange has prepared summaries, set
(A) No change. forth in sections A, B, and C below, of
Proposed new text is italicized. (B) Conclusion of Auction. The PIXL
Deleted text is [bracketed]. the most significant aspects of such
Auction shall conclude at the earlier to
* * * * * statements.
occur of (1) through (4) below, with the
NASDAQ OMX PHLX LLC Rules PIXL Order executing pursuant to A. Self-Regulatory Organization’s
paragraph (C)(1) through (3) below. Statement of the Purpose of, and
Options Rules (1)–(4) No change. Statutory Basis for, the Proposed Rule
Rule 1080. Phlx XL and Phlx XL II (5) Sub-paragraphs (B)(2), (B)(3) and Change
(B)(4) above shall be effective for a pilot
(a)–(m) No change. period scheduled to expire July 18, 1. Purpose
(n) Price Improvement XL (‘‘PIXL’’) 201[5]6. The purpose of the proposed rule
A member may electronically submit (C) No change. change is to extend the pilot through
for execution an order it represents as (D) An unrelated market or July 18, 2016.
agent on behalf of a public customer, marketable limit order (against the
broker-dealer, or any other entity (‘‘PIXL Background
PBBO) on the opposite side of the
Order’’) against principal interest or market from the PIXL Order received The Exchange adopted PIXL in
against any other order (except as during the Auction will not cause the October 2010 as a price-improvement
provided in sub-paragraph (n)(i)(F) Auction to end early and will execute mechanism on the Exchange.4 PIXL is a
below) it represents as agent (an against interest outside of the Auction.
‘‘Initiating Order’’) provided it submits In the case of a Complex PIXL Auction, 4 See Securities Exchange Act Release Nos. 63027
the PIXL Order for electronic execution (October 1, 2010), 75 FR 62160 (October 7, 2010)
tkelley on DSK3SPTVN1PROD with NOTICES
an unrelated market or marketable limit (SR–Phlx–2010–108) (Order Granting Approval to a
into the PIXL Auction (‘‘Auction’’) Complex Order on the opposite side of Proposed Rule Change Relating to a Proposed Price
1 15
the market from the Complex PIXL Improvement System, Price Improvement XL);
U.S.C. 78s(b)(1). 65043 (August 5, 2011), 76 FR 49824 (August 11,
2 17
Order as well as orders for the
CFR 240.19b–4. 2011) (SR–Phlx–2011–104) (Extending Pilot for
3 The extension of the pilot relates to several individual components of the Complex Price Improvement System, Price Improvement XL);
subparagraphs of Rule 1080(n) in respect of PIXL Order received during the Auction will 67399 (July 11, 2012), 77 FR 42048 (July 17, 2012)
and Complex Order PIXL, as discussed below. not cause the Auction to end early and Continued
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![Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Notices 43511
or to regulate by virtue of any authority A proposed rule change filed under All submissions should refer to File
conferred by the Act matters not related Rule 19b–4(f)(6) 13 normally does not Number SR–Phlx–2015–63. This file
to the purposes of the Act or the become operative for 30 days after the number should be included on the
administration of the Exchange. date of filing. However, pursuant to subject line if email is used. To help the
The Exchange believes that the Rule 19b–4(f)(6)(iii),14 the Commission Commission process and review your
proposed rule change is also consistent may designate a shorter time if such comments more efficiently, please use
with Section 6(b)(8) of the Act 10 in that action is consistent with the protection only one method. The Commission will
it does not impose any burden on of investors and the public interest. The post all comments on the Commission’s
competition not necessary or Exchange requested that the Internet Web site (http://www.sec.gov/
appropriate in furtherance of the Commission waive the 30-day operative rules/sro.shtml). Copies of the
purposes of the Act. delay. The Exchange noted that the pilot submission, all subsequent
Specifically, the Exchange believes is scheduled to expire July 18, 2015. amendments, all written statements
that PIXL, including the rules to which According to the Exchange, a waiver of
with respect to the proposed rule
the pilot applies, results in increased the operative delay will allow
change that are filed with the
liquidity available at improved prices, uninterrupted application of the PIXL
with competitive final pricing out of the pilot and thereby ensure fair Commission, and all written
Initiating Member’s complete control. competition with other exchanges that communications relating to the
The Exchange believes that PIXL have similar programs. proposed rule change between the
promotes and fosters competition and The Commission believes that Commission and any person, other than
affords the opportunity for price waiving the 30-day operative delay is those that may be withheld from the
improvement to more options contracts. consistent with the protection of public in accordance with the
The extension proposal allows investors and the public interest, as it provisions of 5 U.S.C. 552, will be
additional time for the Commission to will allow the PIXL pilot to continue available for Web site viewing and
evaluate the pilot. uninterrupted, thereby avoiding any printing in the Commission’s Public
potential investor confusion that could Reference Room, 100 F Street NE.,
B. Self-Regulatory Organization’s result from a temporary interruption in Washington, DC 20549, on official
Statement on Burden on Competition the pilot. Therefore, the Commission business days between the hours of
The Exchange does not believe that designates the proposed rule change to 10:00 a.m. and 3:00 p.m. Copies of the
the proposed rule change will impose be operative on July 18, 2015.15 filing also will be available for
any burden on competition not At any time within 60 days of the inspection and copying at the principal
necessary or appropriate in furtherance filing of the proposed rule change, the office of the Exchange. All comments
of the purposes of the Act. The proposal Commission summarily may received will be posted without change;
extends existing pilots that apply to all temporarily suspend such rule change if the Commission does not edit personal
Exchange members, and enables the it appears to the Commission that such identifying information from
Exchange to be competitive in respect of action is necessary or appropriate in the
submissions. You should submit only
other option exchanges that have similar public interest, for the protection of
information that you wish to make
programs. investors, or otherwise in furtherance of
available publicly. All submissions
the purposes of the Act.
C. Self-Regulatory Organization’s should refer to File Number SR–Phlx–
Statement on Comments on the IV. Solicitation of Comments 2015–63 and should be submitted on or
Proposed Rule Change Received From Interested persons are invited to before August 12, 2015.
Members, Participants, or Others submit written data, views, and For the Commission, by the Division of
No written comments were either arguments concerning the foregoing, Trading and Markets, pursuant to delegated
solicited or received. including whether the proposed rule authority.16
change is consistent with the Act. Robert W. Errett,
III. Date of Effectiveness of the Comments may be submitted by any of
Proposed Rule Change and Timing for Deputy Secretary.
the following methods:
Commission Action [FR Doc. 2015–17892 Filed 7–21–15; 8:45 am]
Electronic Comments
Because the foregoing proposed rule BILLING CODE 8011–01–P
change does not: (i) Significantly affect • Use the Commission’s Internet
the protection of investors or the public comment form (http://www.sec.gov/
interest; (ii) impose any significant rules/sro.shtml); or
burden on competition; and (iii) become • Send an email to rule-comments@
operative for 30 days from the date on sec.gov. Please include File Number SR–
which it was filed, or such shorter time Phlx–2015–63 on the subject line.
as the Commission may designate, it has Paper Comments
become effective pursuant to Section
19(b)(3)(A) of the Act 11 and • Send paper comments in triplicate
subparagraph (f)(6) of Rule 19b–4 to Secretary, Securities and Exchange
thereunder.12 Commission, 100 F Street NE.,
Washington, DC 20549–1090.
10 15 U.S.C. 78f(b)(8).
tkelley on DSK3SPTVN1PROD with NOTICES
11 15 U.S.C. 78s(b)(3)(A). as designated by the Commission. The Exchange
12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– has satisfied this requirement.
13 17 CFR 240.19b–4(f)(6).
4(f)(6) requires the Exchange to give the
14 17 CFR 240.19b–4(f)(6)(iii).
Commission written notice of the Exchange’s intent
to file the proposed rule change along with a brief 15 For purposes only of waiving the operative
description and text of the proposed rule change, delay, the Commission has considered the proposed
at least five business days prior to the date of filing rule’s impact on efficiency, competition, and capital
of the proposed rule change, or such shorter time formation. See 15 U.S.C. 78c(f). 16 17 CFR 200.30–3(a)(12).
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Document Created: 2015-12-15 12:54:50
Document Modified: 2015-12-15 12:54:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 43509 |
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