80_FR_44306 80 FR 44164 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rules 1092 and 124, and Modify the Phlx Pricing Schedule

80 FR 44164 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rules 1092 and 124, and Modify the Phlx Pricing Schedule

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 142 (July 24, 2015)

Page Range44164-44166
FR Document2015-18134

Federal Register, Volume 80 Issue 142 (Friday, July 24, 2015)
[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)]
[Notices]
[Pages 44164-44166]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18134]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75488; File No. SR-Phlx-2015-65]


Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Amend 
Rules 1092 and 124, and Modify the Phlx Pricing Schedule

July 20, 2015.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on July 15, 2015, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'') 
filed with the Securities and Exchange Commission (``SEC'' or 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the Exchange. The 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange proposes to (1) amend Rule 1092 to assess a $500 
Appeal Fee against a member or member organization which initiates and 
loses an appeal of an Options Exchange Official (``Official'') 
determination regarding an Obvious Error or Catastrophic Error, and to 
pass through other market center charges associated with obvious error 
determinations; (2) amend Rule 124, to clarify that that the $250 
appeal fee provided for in Rule 124(d) will not apply to appeals of 
Obvious Error or Catastrophic Error determinations, and (3) to modify 
the Phlx Pricing Schedule (``Pricing Schedule'') to reflect the new 
$500 Appeal Fee and pass-through charges from other market centers.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqomxphlx.cchwallstreet.com/, at the principal 
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    On May 8, 2015 the Exchange filed a proposed rule change (the 
``1092 Replacement Filing'') to delete Rule 1092, Obvious Errors and 
Catastrophic Errors, and replace it with new Rule 1092 entitled 
``Nullification and Adjustment of Options Transactions including 
Obvious Errors'' (``New Rule 1092''). New Rule 1092 also became 
operative on May 8, 2015.\3\
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    \3\ See SR-Phlx-2015-43. New Rule 1092 harmonizes rules related 
to the adjustment and nullification of erroneous options 
transactions with those of other exchanges. The Exchange believes 
that New Rule 1092, together with comparable rules filed by the 
other options exchanges, will provide transparency and finality with 
respect to the adjustment and nullification of erroneous options 
transactions, achieving consistent results for participants across 
U.S. options exchanges while maintaining a fair and orderly market, 
protecting investors and protecting the public interest.
---------------------------------------------------------------------------

    The purpose of this proposed rule change is to adopt a $500 Appeal 
Fee that will apply in the event of unsuccessful appeals of Official 
determinations rendered pursuant to Section (l) of New Rule 1092 and to 
permit the Exchange to pass along charges assessed by another market 
center in connection with Obvious Error and Catastrophic Error 
determination requests presented to that market center by the Exchange 
on a member or member organization's behalf. To accommodate this 
proposed fee change, the Exchange proposes to amend Rule 124, Disputes-
Options, to add new language to section (l) of New Rule 1092, and to 
make conforming changes to the Exchange's Pricing Schedule, as 
described below.
    (I) $500 Appeal Fee/Pass Through Charges. The Exchange proposes to 
amend section (l) of the New Rule 1092, pursuant to which the Exchange 
will assess a $500 fee against members or member organizations who 
initiate a request for an appeal of an Official's Obvious Error or 
Catastrophic Error determination to the Exchange's Market Operations 
Review Committee (`MORC''), where the appeal is unsuccessful and the 
MORC votes to uphold the Official's determination. Further, the new 
rule permits the Exchange to pass any resulting charges through to the 
relevant member or member organization in instances where the Exchange, 
on behalf of the member or member organization, requests a 
determination by another market center that a transaction is an Obvious 
Error or Catastrophic Error.
    (II) Amendment to Rule 124. Currently, Rule 124(d) provides for 
assessment of a $250 fee to a member or member organization seeking 
review by the MORC of an Official ruling regarding Obvious Errors or 
Catastrophic Errors if the Official's ruling is sustained and not 
overturned or modified by the MORC.\4\ The Exchange proposes to amend 
Rule 124(a) to clarify that no provision of

[[Page 44165]]

Rule 124, including the Rule 124(d) $250 appeal fee, shall apply to 
Obvious Errors or Catastrophic Errors, both of which instead are to be 
subject to the new $500 Appeal Fee provision and procedures of Rule 
1092. The Exchange does not propose to move or make any further changes 
to any provision of Rule 124, which will continue to apply to disputes 
occurring on and relating to the trading floor (but not to Obvious 
Errors or Catastrophic Errors).
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    \4\ Exchange Rule 124(a) currently provides that ``[t]his Rule 
124(a) shall not apply to options transactions that are the result 
of an Obvious Error (as defined in Rule 1092).'' However, the 
Exchange currently applies Rule 124(d) to unsuccessful appeals of 
Official determinations of Obvious Errors to the MORC. The Exchange 
believes that fees associated with MORC appeals of Obvious Errors or 
Catastrophic Errors will be more logically set forth in the rulebook 
in Rule 1092(l) which describes the MORC appeals process for Obvious 
Errors and Catastrophic Errors.
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    (III) Amendment to Pricing Schedule.
    Currently, chapter VII, part D of the Exchange's Pricing Schedule 
reflects the $5,000 Catastrophic Error Fee provided for in prior 
Exchange Rule 1092(f)(ii), which was eliminated in favor of New Rule 
1092 which does not contain such a fee.\5\ The Pricing Schedule is 
being revised to reflect the elimination of the $5000 Catastrophic 
Error Fee and the addition instead, pursuant to the proposed new 
language in section (l) of New Rule 1092, of the $500 Appeal Fee and 
pass through charges described in (I) above.\6\
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    \5\ Pursuant to section (f) of prior Exchange Rule 1092 titled 
``Obvious Error and Catastrophic Errors,'' if an Exchange member 
believed that it had participated in a transaction that qualified as 
a Catastrophic Error, it could request a determination that a 
Catastrophic Error occurred. If an Options Exchange Official 
determined that a Catastrophic Error had occurred, the Options 
Exchange Official would adjust the execution price of the 
transaction according to Rule 1092. If it were determined that a 
Catastrophic Error had not occurred, the member requesting the 
determination would be assessed a charge of $5,000 pursuant to 
Exchange Rule 1092(f)(ii). See Securities Exchange Act Release No. 
58002 (June 23, 2008), 73 FR 36581 (June 27, 2008).
    \6\ The purpose of removing the $5,000 Catastrophic Error Fee, 
as part of replacing prior Rule 1092 with New Rule 1092 in the 1092 
Replacement Filing, was to remove a potential disincentive from 
requesting a review of what a market participant may believe to be a 
Catastrophic Error. Currently, the mere possibility--even if 
slight--that the Official could determine not to adjust or nullify 
the transaction in question and thus trigger the assessment of the 
$5,000 fee may unnecessarily deter members from requesting reviews 
which they believe to be justified. By eliminating the fee, the 
significant financial consequence of an adverse decision on a review 
will be lessened, and market participants should feel more 
comfortable with the fairness of the markets and the process adopted 
by the Exchange for requesting Officials to conduct reviews for 
determinations of Catastrophic Errors.
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2. Statutory Basis
    The Exchange believes that its proposal to amend Rule 124 and New 
Rule 1092 as well as the Pricing Schedule as proposed herein is 
consistent with section 6(b) of the Act \7\ in general, and furthers 
the objectives of section 6(b)(4) and (b)(5) of the Act \8\ 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 Phlx operates or 
controls, and is not designed to permit unfair discrimination between 
market participants to whom the Exchange's fees and rebates are 
applicable. The $500 Appeal Fee and the provision of pass through 
charges from other market centers are proposed herein are equitable, in 
that they apply equally to all member and member organizations lodging 
appeals to the MORC pursuant to New Rule 1092(l) or requesting Obvious 
Error or Catastrophic Error determinations from other market centers 
through the Exchange. The new fee and pass through charges are 
reasonable, in that they allow the Exchange to recoup administrative 
costs associated with such MORC appeals and with seeking Obvious Error 
or Catastrophic Error determinations of other market centers, while 
discouraging frivolous appeals or determination requests. The Exchange 
believes the new $500 Appeal Fee, which would reflect a $250 increase 
from the current appeal fee under Rule 124(d), is reasonable in that it 
will provide the Exchange additional resources with which to administer 
its regulatory functions, including the appeal of decisions made under 
New Rule 1092.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4), (5).
---------------------------------------------------------------------------

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 Exchange does not believe 
the proposal will have any impact on competition. The $500 Appeal Fee 
and the provision of pass through charges from other market centers 
proposed herein will apply equally to all member and member 
organizations lodging appeals to the MORC pursuant to New Rule 1092(l) 
or requesting Obvious Error or Catastrophic Error determinations from 
other market centers through the Exchange.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to section 
19(b)(3)(A)(ii) of the Act.\9\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    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: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

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-2015-65 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-Phlx-2015-65. 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.,

[[Page 44166]]

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 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-2015-65, and should be 
submitted on or before August 14, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
Robert W. Errett,
Deputy Secretary.
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    \10\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2015-18134 Filed 7-23-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                    44164                            Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Notices

                                                    communications relating to the                           I. Self-Regulatory Organization’s                        The purpose of this proposed rule
                                                    proposed rule change between the                         Statement of the Terms of the Substance                change is to adopt a $500 Appeal Fee
                                                    Commission and any person, other than                    of the Proposed Rule Change                            that will apply in the event of
                                                    those that may be withheld from the                         The Exchange proposes to (1) amend                  unsuccessful appeals of Official
                                                    public in accordance with the                            Rule 1092 to assess a $500 Appeal Fee                  determinations rendered pursuant to
                                                    provisions of 5 U.S.C. 552, will be                      against a member or member                             Section (l) of New Rule 1092 and to
                                                    available for Web site viewing and                       organization which initiates and loses                 permit the Exchange to pass along
                                                    printing in the Commission’s Public                      an appeal of an Options Exchange                       charges assessed by another market
                                                    Reference Room, 100 F Street NE.,                        Official (‘‘Official’’) determination                  center in connection with Obvious Error
                                                                                                             regarding an Obvious Error or                          and Catastrophic Error determination
                                                    Washington, DC 20549 on official
                                                                                                             Catastrophic Error, and to pass through                requests presented to that market center
                                                    business days between the hours of
                                                                                                             other market center charges associated                 by the Exchange on a member or
                                                    10:00 a.m. and 3:00 p.m. Copies of the                                                                          member organization’s behalf. To
                                                    filing also will be available for                        with obvious error determinations; (2)
                                                                                                             amend Rule 124, to clarify that that the               accommodate this proposed fee change,
                                                    inspection and copying at the principal                                                                         the Exchange proposes to amend Rule
                                                    office of the Exchange. All comments                     $250 appeal fee provided for in Rule
                                                                                                                                                                    124, Disputes-Options, to add new
                                                    received will be posted without change;                  124(d) will not apply to appeals of
                                                                                                                                                                    language to section (l) of New Rule
                                                    the Commission does not edit personal                    Obvious Error or Catastrophic Error
                                                                                                                                                                    1092, and to make conforming changes
                                                    identifying information from                             determinations, and (3) to modify the
                                                                                                                                                                    to the Exchange’s Pricing Schedule, as
                                                    submissions. You should submit only                      Phlx Pricing Schedule (‘‘Pricing
                                                                                                                                                                    described below.
                                                                                                             Schedule’’) to reflect the new $500                      (I) $500 Appeal Fee/Pass Through
                                                    information that you wish to make
                                                                                                             Appeal Fee and pass-through charges                    Charges. The Exchange proposes to
                                                    available publicly. All submissions
                                                                                                             from other market centers.                             amend section (l) of the New Rule 1092,
                                                    should refer to File Number SR–CBOE–                        The text of the proposed rule change
                                                    2015–064 and should be submitted on                                                                             pursuant to which the Exchange will
                                                                                                             is available on the Exchange’s Web site
                                                    or before August 14, 2015.                                                                                      assess a $500 fee against members or
                                                                                                             at http://
                                                                                                                                                                    member organizations who initiate a
                                                      For the Commission, by the Division of                 nasdaqomxphlx.cchwallstreet.com/, at                   request for an appeal of an Official’s
                                                    Trading and Markets, pursuant to delegated               the principal office of the Exchange, and              Obvious Error or Catastrophic Error
                                                    authority.10                                             at the Commission’s Public Reference                   determination to the Exchange’s Market
                                                    Robert W. Errett,                                        Room.                                                  Operations Review Committee
                                                    Deputy Secretary.                                        II. Self-Regulatory Organization’s                     (‘MORC’’), where the appeal is
                                                    [FR Doc. 2015–18131 Filed 7–23–15; 8:45 am]              Statement of the Purpose of, and                       unsuccessful and the MORC votes to
                                                    BILLING CODE 8011–01–P                                   Statutory Basis for, the Proposed Rule                 uphold the Official’s determination.
                                                                                                             Change                                                 Further, the new rule permits the
                                                                                                                In its filing with the Commission, the              Exchange to pass any resulting charges
                                                    SECURITIES AND EXCHANGE                                  Exchange included statements                           through to the relevant member or
                                                    COMMISSION                                               concerning the purpose of and basis for                member organization in instances where
                                                                                                             the proposed rule change and discussed                 the Exchange, on behalf of the member
                                                                                                             any comments it received on the                        or member organization, requests a
                                                    [Release No. 34–75488; File No. SR–Phlx–
                                                    2015–65]                                                 proposed rule change. The text of these                determination by another market center
                                                                                                             statements may be examined at the                      that a transaction is an Obvious Error or
                                                    Self-Regulatory Organizations;                           places specified in Item IV below. The                 Catastrophic Error.
                                                    NASDAQ OMX PHLX LLC; Notice of                                                                                    (II) Amendment to Rule 124.
                                                                                                             Exchange has prepared summaries, set
                                                                                                                                                                    Currently, Rule 124(d) provides for
                                                    Filing and Immediate Effectiveness of                    forth in sections A, B, and C below, of
                                                                                                                                                                    assessment of a $250 fee to a member or
                                                    Proposed Rule Change To Amend                            the most significant aspects of such
                                                                                                                                                                    member organization seeking review by
                                                    Rules 1092 and 124, and Modify the                       statements.
                                                                                                                                                                    the MORC of an Official ruling
                                                    Phlx Pricing Schedule                                    A. Self-Regulatory Organization’s                      regarding Obvious Errors or
                                                    July 20, 2015.                                           Statement of the Purpose of, and                       Catastrophic Errors if the Official’s
                                                                                                             Statutory Basis for, the Proposed Rule                 ruling is sustained and not overturned
                                                       Pursuant to section 19(b)(1) of the                   Change                                                 or modified by the MORC.4 The
                                                    Securities Exchange Act of 1934 (the                                                                            Exchange proposes to amend Rule
                                                    ‘‘Act’’),1 and Rule 19b–4 thereunder,2                   1. Purpose
                                                                                                                                                                    124(a) to clarify that no provision of
                                                    notice is hereby given that on July 15,                     On May 8, 2015 the Exchange filed a
                                                    2015, NASDAQ OMX PHLX LLC                                proposed rule change (the ‘‘1092                       transparency and finality with respect to the
                                                    (‘‘Phlx’’ or ‘‘Exchange’’) filed with the                Replacement Filing’’) to delete Rule                   adjustment and nullification of erroneous options
                                                                                                             1092, Obvious Errors and Catastrophic                  transactions, achieving consistent results for
                                                    Securities and Exchange Commission                                                                              participants across U.S. options exchanges while
                                                    (‘‘SEC’’ or ‘‘Commission’’) the proposed                 Errors, and replace it with new Rule                   maintaining a fair and orderly market, protecting
                                                    rule change as described in Items I, II,                 1092 entitled ‘‘Nullification and                      investors and protecting the public interest.
                                                    and III below, which Items have been                     Adjustment of Options Transactions                        4 Exchange Rule 124(a) currently provides that
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    prepared by the Exchange. The                            including Obvious Errors’’ (‘‘New Rule                 ‘‘[t]his Rule 124(a) shall not apply to options
                                                                                                             1092’’). New Rule 1092 also became                     transactions that are the result of an Obvious Error
                                                    Commission is publishing this notice to                                                                         (as defined in Rule 1092).’’ However, the Exchange
                                                    solicit comments on the proposed rule                    operative on May 8, 2015.3                             currently applies Rule 124(d) to unsuccessful
                                                                                                                                                                    appeals of Official determinations of Obvious Errors
                                                    change from interested persons.                             3 See SR–Phlx–2015–43. New Rule 1092                to the MORC. The Exchange believes that fees
                                                                                                             harmonizes rules related to the adjustment and         associated with MORC appeals of Obvious Errors or
                                                      10 17
                                                                                                             nullification of erroneous options transactions with   Catastrophic Errors will be more logically set forth
                                                            CFR 200.30–3(a)(12).
                                                                                                             those of other exchanges. The Exchange believes        in the rulebook in Rule 1092(l) which describes the
                                                      1 15 U.S.C. 78s(b)(1).                                 that New Rule 1092, together with comparable rules     MORC appeals process for Obvious Errors and
                                                      2 17 CFR 240.19b–4.                                    filed by the other options exchanges, will provide     Catastrophic Errors.



                                               VerDate Sep<11>2014   19:59 Jul 23, 2015   Jkt 235001   PO 00000   Frm 00146   Fmt 4703   Sfmt 4703   E:\FR\FM\24JYN1.SGM   24JYN1


                                                                                     Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Notices                                             44165

                                                    Rule 124, including the Rule 124(d)                      and issuers and other persons using any               III. Date of Effectiveness of the
                                                    $250 appeal fee, shall apply to Obvious                  facility or system which Phlx operates                Proposed Rule Change and Timing for
                                                    Errors or Catastrophic Errors, both of                   or controls, and is not designed to                   Commission Action
                                                    which instead are to be subject to the                   permit unfair discrimination between                     The foregoing rule change has become
                                                    new $500 Appeal Fee provision and                        market participants to whom the                       effective pursuant to section
                                                    procedures of Rule 1092. The Exchange                    Exchange’s fees and rebates are                       19(b)(3)(A)(ii) of the Act.9
                                                    does not propose to move or make any                     applicable. The $500 Appeal Fee and                      At any time within 60 days of the
                                                    further changes to any provision of Rule                 the provision of pass through charges                 filing of the proposed rule change, the
                                                    124, which will continue to apply to                     from other market centers are proposed                Commission summarily may
                                                    disputes occurring on and relating to the
                                                                                                             herein are equitable, in that they apply              temporarily suspend such rule change if
                                                    trading floor (but not to Obvious Errors
                                                                                                             equally to all member and member                      it appears to the Commission that such
                                                    or Catastrophic Errors).
                                                       (III) Amendment to Pricing Schedule.                  organizations lodging appeals to the                  action is: (i) Necessary or appropriate in
                                                       Currently, chapter VII, part D of the                 MORC pursuant to New Rule 1092(l) or                  the public interest; (ii) for the protection
                                                    Exchange’s Pricing Schedule reflects the                 requesting Obvious Error or                           of investors; or (iii) otherwise in
                                                    $5,000 Catastrophic Error Fee provided                   Catastrophic Error determinations from                furtherance of the purposes of the Act.
                                                    for in prior Exchange Rule 1092(f)(ii),                  other market centers through the                      If the Commission takes such action, the
                                                    which was eliminated in favor of New                     Exchange. The new fee and pass                        Commission shall institute proceedings
                                                    Rule 1092 which does not contain such                    through charges are reasonable, in that               to determine whether the proposed rule
                                                    a fee.5 The Pricing Schedule is being                    they allow the Exchange to recoup                     should be approved or disapproved.
                                                    revised to reflect the elimination of the                administrative costs associated with                  IV. Solicitation of Comments
                                                    $5000 Catastrophic Error Fee and the                     such MORC appeals and with seeking
                                                    addition instead, pursuant to the                                                                                Interested persons are invited to
                                                                                                             Obvious Error or Catastrophic Error
                                                    proposed new language in section (l) of                                                                        submit written data, views, and
                                                                                                             determinations of other market centers,               arguments concerning the foregoing,
                                                    New Rule 1092, of the $500 Appeal Fee                    while discouraging frivolous appeals or
                                                    and pass through charges described in                                                                          including whether the proposed rule
                                                                                                             determination requests. The Exchange                  change is consistent with the Act.
                                                    (I) above.6                                              believes the new $500 Appeal Fee,                     Comments may be submitted by any of
                                                    2. Statutory Basis                                       which would reflect a $250 increase                   the following methods:
                                                       The Exchange believes that its                        from the current appeal fee under Rule
                                                                                                             124(d), is reasonable in that it will                 Electronic Comments
                                                    proposal to amend Rule 124 and New
                                                    Rule 1092 as well as the Pricing                         provide the Exchange additional                         • Use the Commission’s Internet
                                                    Schedule as proposed herein is                           resources with which to administer its                comment form (http://www.sec.gov/
                                                    consistent with section 6(b) of the Act 7                regulatory functions, including the                   rules/sro.shtml); or
                                                    in general, and furthers the objectives of               appeal of decisions made under New                      • Send an email to rule-comments@
                                                    section 6(b)(4) and (b)(5) of the Act 8 in               Rule 1092.                                            sec.gov. Please include File Number SR–
                                                    particular, in that it provides for the                                                                        Phlx–2015–65 on the subject line.
                                                    equitable allocation of reasonable dues,                 B. Self-Regulatory Organization’s
                                                                                                             Statement on Burden on Competition                    Paper Comments
                                                    fees and other charges among members
                                                                                                                                                                     • Send paper comments in triplicate
                                                      5 Pursuant
                                                                                                               The Exchange does not believe that                  to Brent J. Fields, Secretary, Securities
                                                                   to section (f) of prior Exchange Rule
                                                    1092 titled ‘‘Obvious Error and Catastrophic             the proposed rule change will impose                  and Exchange Commission, 100 F Street
                                                    Errors,’’ if an Exchange member believed that it had     any burden on competition not                         NE., Washington, DC 20549–1090.
                                                    participated in a transaction that qualified as a        necessary or appropriate in furtherance
                                                    Catastrophic Error, it could request a determination                                                           All submissions should refer to File
                                                                                                             of the purposes of the Act. The
                                                    that a Catastrophic Error occurred. If an Options                                                              Number SR–Phlx–2015–65. This file
                                                    Exchange Official determined that a Catastrophic         Exchange does not believe the proposal                number should be included on the
                                                    Error had occurred, the Options Exchange Official        will have any impact on competition.                  subject line if email is used. To help the
                                                    would adjust the execution price of the transaction
                                                    according to Rule 1092. If it were determined that
                                                                                                             The $500 Appeal Fee and the provision                 Commission process and review your
                                                    a Catastrophic Error had not occurred, the member        of pass through charges from other                    comments more efficiently, please use
                                                    requesting the determination would be assessed a         market centers proposed herein will                   only one method. The Commission will
                                                    charge of $5,000 pursuant to Exchange Rule
                                                    1092(f)(ii). See Securities Exchange Act Release No.
                                                                                                             apply equally to all member and                       post all comments on the Commission’s
                                                    58002 (June 23, 2008), 73 FR 36581 (June 27, 2008).      member organizations lodging appeals                  Internet Web site (http://www.sec.gov/
                                                       6 The purpose of removing the $5,000                  to the MORC pursuant to New Rule                      rules/sro.shtml). Copies of the
                                                    Catastrophic Error Fee, as part of replacing prior       1092(l) or requesting Obvious Error or                submission, all subsequent
                                                    Rule 1092 with New Rule 1092 in the 1092
                                                    Replacement Filing, was to remove a potential            Catastrophic Error determinations from                amendments, all written statements
                                                    disincentive from requesting a review of what a          other market centers through the                      with respect to the proposed rule
                                                    market participant may believe to be a Catastrophic      Exchange.                                             change that are filed with the
                                                    Error. Currently, the mere possibility—even if
                                                    slight—that the Official could determine not to
                                                                                                                                                                   Commission, and all written
                                                                                                             C. Self-Regulatory Organization’s                     communications relating to the
                                                    adjust or nullify the transaction in question and
                                                    thus trigger the assessment of the $5,000 fee may
                                                                                                             Statement on Comments on the                          proposed rule change between the
                                                    unnecessarily deter members from requesting              Proposed Rule Change Received From
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                                                                   Commission and any person, other than
                                                    reviews which they believe to be justified. By           Members, Participants, or Others                      those that may be withheld from the
                                                    eliminating the fee, the significant financial
                                                    consequence of an adverse decision on a review             No written comments were either                     public in accordance with the
                                                    will be lessened, and market participants should                                                               provisions of 5 U.S.C. 552, will be
                                                    feel more comfortable with the fairness of the           solicited or received.
                                                                                                                                                                   available for Web site viewing and
                                                    markets and the process adopted by the Exchange
                                                    for requesting Officials to conduct reviews for                                                                printing in the Commission’s Public
                                                    determinations of Catastrophic Errors.                                                                         Reference Room, 100 F Street NE.,
                                                       7 15 U.S.C. 78f(b).
                                                       8 15 U.S.C. 78f(b)(4), (5).                                                                                   9 15   U.S.C. 78s(b)(3)(A)(ii).



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                                                    44166                            Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Notices

                                                    Washington, DC 20549 on official                         the Commission’s Public Reference                         potential execution, per the entering
                                                    business days between the hours of                       Room.                                                     firm’s instructions. When checking the
                                                    10:00 a.m. and 3:00 p.m. Copies of such                                                                            book, the System will seek to execute at
                                                                                                             II. Self-Regulatory Organization’s
                                                    filing also will be available for                                                                                  the price at which it would send the
                                                                                                             Statement of the Purpose of, and
                                                    inspection and copying at the principal                                                                            order to a destination market center.
                                                                                                             Statutory Basis for, the Proposed Rule
                                                    office of the Exchange. All comments                                                                                  Both SEEK and SRCH eligible
                                                    received will be posted without change;                  Change
                                                                                                                                                                       unexecuted orders will continue to be
                                                    the Commission does not edit personal                      In its filing with the Commission, the                  routed utilizing a route timer. The SEEK
                                                    identifying information from                             Exchange included statements                              or SRCH order will post to the book and
                                                    submissions. You should submit only                      concerning the purpose of and basis for                   will be routed after a time period
                                                    information that you wish to make                        the proposed rule change and discussed                    (‘‘Route Timer’’) not to exceed one
                                                    available publicly. All submissions                      any comments it received on the                           second as specified by the Exchange on
                                                    should refer to File Number SR–Phlx–                     proposed rule change. The text of these                   its Web site provided that the order’s
                                                    2015–65, and should be submitted on or                   statements may be examined at the                         limit price would lock or cross other
                                                    before August 14, 2015.                                  places specified in Item IV below. The                    market center(s).6 If, during the Route
                                                      For the Commission, by the Division of                 Exchange has prepared summaries, set                      Timer, any new interest arrives opposite
                                                    Trading and Markets, pursuant to delegated               forth in sections A, B, and C below, of                   the order that is equal to or better than
                                                    authority.10                                             the most significant aspects of such                      the ABBO 7 price, the order will trade
                                                    Robert W. Errett,                                        statements.                                               against such new interest at the ABBO
                                                    Deputy Secretary.                                        A. Self-Regulatory Organization’s                         price. Eligible unexecuted orders will be
                                                    [FR Doc. 2015–18134 Filed 7–23–15; 8:45 am]              Statement of the Purpose of, and                          routed at the end of the Route Timer
                                                    BILLING CODE 8011–01–P                                   Statutory Basis for, the Proposed Rule                    provided the order was not filled and
                                                                                                             Change                                                    the order’s limit price would continue
                                                                                                                                                                       to lock or cross the ABBO. If an order
                                                    SECURITIES AND EXCHANGE                                  1. Purpose                                                was routed with either the SEEK or
                                                    COMMISSION                                                  The Exchange’s rules at chapter VI,                    SRCH routing option, and has size after
                                                    [Release No. 34–75490; File No. SR–BX–                   section 11 provide for the manner in                      such routing, it will execute against
                                                    2015–041]                                                which orders submitted to the System 3                    contra side interest in the book, post in
                                                                                                             will route to other market centers.4 The                  the book, and route again pursuant to
                                                    Self-Regulatory Organizations;                           System provides two routing options                       the process described above, if
                                                    NASDAQ OMX BX, Inc.; Notice of Filing                    pursuant to which orders are sent to                      applicable, if the order’s limit price
                                                    and Immediate Effectiveness of                           other available market centers for                        would lock or cross another market
                                                    Proposed Rule Change To Amend the                        potential execution, per the entering                     center(s).
                                                    BX Routing Order Rule                                    firm’s instructions. The routing options                     With respect to SRCH Orders, if
                                                    July 20, 2015.
                                                                                                             are SEEK and SRCH. Routing options                        contracts remain un-executed after
                                                       Pursuant to section 19(b)(1) of the                   may be combined with all available                        routing, they are posted on the book.
                                                    Securities Exchange Act of 1934                          order types and times-in-force, with the                  Once on the book, should the order
                                                    (‘‘Act’’),1 and Rule 19b–4 thereunder,2                  exception of order types and times-in-                    subsequently be locked or crossed by
                                                    notice is hereby given that on July 10,                  force whose terms are inconsistent with                   another market center, it will re-route.
                                                    2015, NASDAQ OMX BX, Inc. (‘‘BX’’ or                     the terms of a particular routing option.                 With SEEK orders, the rule currently
                                                    ‘‘Exchange’’) filed with the Securities                  The Exchange is seeking to clarify the                    states, if contracts remain un-executed
                                                    and Exchange Commission (‘‘SEC’’ or                      manner in which a SEEK order will                         after routing, they are posted on the
                                                    ‘‘Commission’’) the proposed rule                        route again, after it is initially routed                 book. Once on the book at the limit
                                                    change as described in Items I and II                    (‘‘re-route’’).5                                          price, should the order subsequently be
                                                    below, which Items have been prepared                       SEEK is a routing option pursuant to                   locked or crossed by another market
                                                    by the Exchange. The Commission is                       which an order will first check the                       center, the System will not route the
                                                    publishing this notice to solicit                        System for available contracts for                        order to the locking or crossing market
                                                    comments on the proposed rule change                     execution. After checking the System for                  center.
                                                    from interested persons.                                 available contracts, orders are sent to                      The Exchange seeks to amend the rule
                                                                                                             other available market centers for                        text in chapter VI, section 11(a)(1)(A) to
                                                    I. Self-Regulatory Organization’s                        potential execution, per the entering                     state, while, on the book at the limit
                                                    Statement of the Terms of Substance of                   firm’s instructions. When checking the                    price, should the order subsequently be
                                                    the Proposed Rule Change                                 book, the System will seek to execute at                  locked or crossed by another market
                                                       The Exchange proposes to amend BX                     the price at which it would send the                      center, the System will not route the
                                                    Rules at chapter VI (Trading Systems) at                 order to a destination market center.                     order to the locking or crossing market
                                                    section 11 (Order Routing) to clarify the                   SRCH is a routing option pursuant to                   center. The purpose of this change is to
                                                    manner in which a SEEK Order will                        which an order will first check the                       make clear that the SEEK order will not
                                                    route again after an initial routing                     System for available contracts for                        re-route as long as that order is at the
                                                    attempt to another market center.                        execution. After checking the System for                  limit price. The SEEK order may re-
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                       The text of the proposed rule change                  available contracts, orders are sent to
                                                    is available on the Exchange’s Web site                  other available market centers for                          6 Pursuant to section 11(c) of chapter VI, orders

                                                    at http://                                                                                                         sent by the System pursuant to the SEEK and SRCH
                                                                                                                  3 The
                                                                                                                      term ‘‘System’’ is defined in BX Rules at
                                                    nasdaqomxbx.cchwallstreet.com/, at the                                                                             routing options to other markets would not retain
                                                                                                             chapter VI, section 1(a).                                 time priority with respect to other orders in the
                                                    principal office of the Exchange, and at                   4 Participants can designate orders as either           System. If an order routed pursuant to SEEK or
                                                                                                             available for routing or not available for routing. See   SRCH is subsequently returned, in whole or in part,
                                                      10 17 CFR 200.30–3(a)(12).                             chapter VI, sec. 11(a).                                   that order, or its remainder, will receive a new time
                                                      1 15 U.S.C. 78s(b)(1).                                   5 If an order is only partially routed the portion      stamp reflecting the time of its return to the System.
                                                      2 17 CFR 240.19b–4.                                    that was not routed will be posted to the book.             7 ABBO is the away market’s best bid or offer.




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Document Created: 2018-02-23 09:25:14
Document Modified: 2018-02-23 09:25:14
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 44164 

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