80_FR_50846 80 FR 50685 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Customer Rebate Program

80 FR 50685 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Customer Rebate Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 161 (August 20, 2015)

Page Range50685-50689
FR Document2015-20546

Federal Register, Volume 80 Issue 161 (Thursday, August 20, 2015)
[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Notices]
[Pages 50685-50689]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20546]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75702; File No. SR-Phlx-2015-68]


Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change Relating to 
Customer Rebate Program

August 14, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on August 3, 2015, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``SEC'' or ``Commission'') 
the proposed rule change as described in Items I, II, and III, below, 
which Items have been prepared by the Exchange. The Commission is 
publishing this notice to solicit comments on the proposed rule change 
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend pricing in section B, entitled 
``Customer Rebate Program,'' \3\ of the Pricing Schedule. In 
particular, the Exchange proposes to: (i) Indicate that Category A 
rebates for certain Customer Simple Orders in Penny Pilot \4\ and non-
Penny Pilot Options will increase specifically for Tiers 3, 4, and 5; 
(ii) establish new Category B for rebates for certain electronic 
Customer PIXL\SM\ \5\ Orders; (iii) rename Category B to Category C 
regarding certain electronic Complex \6\ and Complex PIXL \7\ Orders; 
and (iv) update and clarify the explanatory notes applicable to 
Categories A, B, and C to match the proposed changes.
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    \3\ The term ``Customer'' applies to any transaction that is 
identified by a member or member organization for clearing in the 
Customer range at The Options Clearing Corporation (``OCC'') which 
is not for the account of broker or dealer or for the account of a 
``Professional'' (as that term is defined in Rule 1000(b)(14).
    \4\ The Penny Pilot was established in January 2007 and was last 
extended in 2015. See Securities Exchange Act Release Nos. 55153 
(January 23, 2007), 72 FR 4553 (January 31, 2007) (SR-Phlx-2006-74) 
(notice of filing and approval order establishing Penny Pilot); and 
75286 (June 24, 2015) (SR-Phlx-2015-54) (notice of filing and 
immediate effectiveness extending the Penny Pilot through June 30, 
2016). Non-Penny Pilot Options are options other than Penny Pilot 
Options listed on the Exchange (e.g. AAPL, BAC, EEM, FB, FXI, IWM, 
QQQ, TWTR, VXX and XLF), which can be found at http://www.nasdaqtrader.com/Micro.aspx?id=phlx.
    \5\ PIXL is the Exchange's price improvement mechanism known as 
Price Improvement XL or PIXL. See Rule 1080(n).
    \6\ A Complex Order is any order involving the simultaneous 
purchase and/or sale of two or more different options series in the 
same underlying security, priced at a net debit or credit based on 
the relative prices of the individual components, for the same 
account, for the purpose of executing a particular investment 
strategy. Furthermore, a Complex Order can also be a stock-option 
order, which is an order to buy or sell a stated number of units of 
an underlying stock or Exchange Traded Fund (``ETF'') coupled with 
the purchase or sale of options contract(s). See Exchange Rule 1080, 
Commentary .07(a)(i).
    \7\ A transaction resulting from an order that was 
electronically delivered utilizes Phlx XL. See Exchange Rules 1014 
and 1080. Electronically delivered orders do not include orders 
transacted on the Exchange floor. A transaction resulting from an 
order that is non-electronically-delivered is represented on the 
trading floor by a floor broker. See Exchange Rule 1063. All orders 
are either electronically or non-electronically delivered.
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    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqomxphlx.cchwallstreet.com/, at the principal 
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this filing is to amend pricing in section B, 
entitled ``Customer Rebate Program,'' of the Pricing Schedule. In 
particular, the Exchange proposes to: (i) Indicate that Category A 
rebates for certain Customer Simple Orders in Penny Pilot and non-Penny 
Pilot Options will increase specifically for Tiers 3, 4, and 5; (ii) 
establish new Category B for rebates for certain electronic Customer 
PIXL Orders; (iii) rename Category B to Category C regarding certain 
electronic Complex and Complex PIXL Orders; and (iv) update and clarify 
the explanatory notes applicable to Categories A, B, and C to match the 
proposed changes. The Exchange proposes these amendments in order to 
more clearly delineate how rebates apply to different types of Customer 
orders: Customer Simple Orders (Category A), Customer PIXL Orders 
(Category B), and Customer Complex Orders and Customer Complex PIXL 
Orders (Category C).
Section B--Customer Rebate Program
    Currently, the Exchange has a Customer Rebate Program consisting of 
five Tiers of Customer Rebates on two categories, A and B, of 
transactions. A Phlx member qualifies for a certain rebate Tier based 
on the percentage of total national customer volume in Multiply Listed 
equity and ETF options classes, excluding SPY \8\ options that it 
transacts monthly on Phlx. The Exchange calculates Customer volume in 
Multiply Listed Options (including SPY options) by totaling 
electronically-delivered and executed volume, excluding volume 
associated with electronic Qualified Contingent Cross (``QCC'') 
Orders,\9\ as defined in Exchange Rule 1080(o).\10\
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    \8\ SPY is the SPDR[supreg] S&P 500[supreg] ETF Trust. 
S&P[supreg], S&P 500[supreg], SPDR[supreg], and Standard & 
Poor's[supreg] are registered trademarks of Standard & 
Poor's[supreg] Financial Services LLC.
    \9\ A QCC Order is comprised of an order to buy or sell at least 
1000 contracts that is identified as being part of a qualified 
contingent trade, as that term is defined in Rule 1080(o)(3), 
coupled with a contra-side order to buy or sell an equal number of 
contracts. The QCC Order must be executed at a price at or between 
the National Best Bid and Offer and be rejected if a Customer order 
is resting on the Exchange book at the same price. A QCC Order shall 
only be submitted electronically from off the floor to the PHLX XL 
II System. See Rule 1080(o). See also Securities Exchange Act 
Release No. 64249 (April 7, 2011), 76 FR 20773 (April 13, 2011) (SR-
Phlx-2011-47) (a rule change to establish a QCC Order to facilitate 
the execution of stock/option Qualified Contingent Trades (``QCTs'') 
that satisfy the requirements of the trade through exemption in 
connection with Rule 611(d) of the Regulation NMS).
    \10\ Members and member organizations under common ownership may 
aggregate their Customer volume for purposes of calculating the 
Customer Rebate Tiers and receiving rebates. Common ownership means 
members or member organizations under 75% common ownership or 
control. See Preface to Pricing Schedule.
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    The Exchange now has rebate categories Category A and Category B to 
cover all rebates pursuant to the

[[Page 50686]]

Customer Rebate Program. The Exchange proposes to add new Category B. 
This allows the Exchange to more clearly delineate how rebates apply to 
three types of orders: Customer Simple Orders, which will be covered in 
Category A; Customer PIXL Orders, which will be covered in Category B; 
and Customer Complex Orders and Customer Complex PIXL Orders, which 
will be covered in Category C.
    Currently, a Category A rebate is paid to members executing 
electronically-delivered Customer Simple Orders in Penny Pilot Options 
and Customer Simple Orders in non-Penny Pilot Options in Section II 
symbols.\11\ Rebates are paid on Customer PIXL Orders in Section II 
symbols that execute against non-Initiating Order interest. In the 
instance where member organizations qualify for Tier 4 or higher in the 
Customer Rebate Program, Customer PIXL Orders that execute against a 
PIXL Initiating Order are paid a rebate of $0.14 per contract. Rebates 
on Customer PIXL Orders are currently capped at 4,000 contracts per 
order for Simple PIXL Orders.
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    \11\ This refers to section II of the Pricing Schedule.
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    Currently, a Category B rebate is paid to members executing 
electronically-delivered Customer Complex Orders in Penny Pilot Options 
and non-Penny Pilot Options in section II symbols. Rebates are paid on 
Customer PIXL Complex Orders in section II symbols that execute against 
non-Initiating Order interest. Customer Complex PIXL Orders that 
execute against a Complex PIXL Initiating Order will not be paid a 
rebate under any circumstances. The Category B rebate will not be paid 
when an electronically-delivered Customer Complex Order, including a 
Customer Complex PIXL Order, executes against another electronically-
delivered Customer Complex Order. Rebates on Customer PIXL Orders are 
capped at 4,000 contracts per order leg for Complex PIXL Orders. 
Moreover, the Exchange will pay a $0.02 per contract Category A rebate 
and a $0.03 per contract Category B rebate in addition to the 
applicable Tier 2 and 3 rebate to a Specialist \12\ or Market Maker 
\13\ or its member or member organization affiliate under Common 
Ownership provided the Specialist or Market Maker has reached the 
Monthly Market Maker Cap, as defined in section II.
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    \12\ A ``Specialist'' is an Exchange member who is registered as 
an options specialist pursuant to Rule 1020(a).
    \13\ A ``Market Maker'' includes Registered Options Traders 
(Rule 1014(b)(i) and (ii)), which includes Streaming Quote Traders 
(see Rule 1014(b)(ii)(A)) and Remote Streaming Quote Traders (see 
Rule 1014(b)(ii)(B)).
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    Now, the rebates in all Tiers (Category A and Category B) are as 
follows:

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                                                    Percentage thresholds of
                                                   national customer volume in
             Customer rebate tiers               multiply-listed equity and ETF     Category A      Category B
                                                 options classes, excluding SPY
                                                        options (monthly)
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Tier 1........................................  0.00%-0.60%.....................           $0.00           $0.00
Tier 2........................................  Above 0.60%-1.10%...............           *0.10           *0.17
Tier 3........................................  Above 1.10%-1.60%...............           *0.12           *0.17
Tier 4........................................  Above 1.60%-2.50%...............            0.16            0.22
Tier 5........................................  Above 2.50%.....................            0.17            0.22
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    Several notes now explain the rebate schedule. Currently, there is 
an explanatory note regarding Category A,\14\ an explanatory note 
regarding Category B,\15\ and also an asterisked note that applies to 
certain sections of Category A and Category B.\16\ These are discussed 
below.
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    \14\ Category A: Rebate will be paid to members executing 
electronically-delivered Customer Simple Orders in Penny Pilot 
Options and Customer Simple Orders in Non-Penny Pilot Options in 
Section II symbols. Rebate will be paid on Customer PIXL Orders in 
Section II symbols that execute against non-Initiating Order 
interest. In the instance where member organizations qualify for 
Tier 4 or higher in the Customer Rebate Program, Customer PIXL 
Orders that execute against a PIXL Initiating Order will be paid a 
rebate of $0.14 per contract. Rebates on Customer PIXL Orders will 
be capped at 4,000 contracts per order for Simple PIXL Orders.
    \15\ Category B: Rebate will be paid to members executing 
electronically-delivered Customer Complex Orders in Penny Pilot 
Options and Non-Penny Pilot Options in Section II symbols. Rebate 
will be paid on Customer PIXL Complex Orders in Section II symbols 
that execute against non-Initiating Order interest. Customer Complex 
PIXL Orders that execute against a Complex PIXL Initiating Order 
will not be paid a rebate under any circumstances. The Category B 
Rebate will not be paid when an electronically-delivered Customer 
Complex Order, including Customer Complex PIXL Order, executes 
against another electronically-delivered Customer Complex Order. 
Rebates on Customer PIXL Orders will be capped at 4,000 contracts 
per order leg for Complex PIXL Orders.
    \16\ *The Exchange will pay a $0.02 per contract Category A 
rebate and a $0.03 per contract Category B rebate in addition to the 
applicable Tier 2 and 3 rebate to a Specialist or Market Maker or 
its member or member organization affiliate under Common Ownership 
provided the Specialist or Market Maker has reached the Monthly 
Market Maker Cap, as defined in section II.
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    As proposed, the rebates in all Tiers (Category A, Category B, and 
Category C) are as follows:

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                                        Percentage thresholds of
                                        national customer volume
                                           in multiply-listed
         Customer rebate tiers           equity and ETF options     Category A      Category B      Category C
                                         classes, excluding SPY
                                            options (monthly)
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Tier 1................................  0.00%-0.60%.............           $0.00           $0.00           $0.00
Tier 2................................  Above 0.60%-1.10%.......           *0.10           *0.10           *0.17
Tier 3................................  Above 1.10%-1.60%.......            0.15           *0.12           *0.17
Tier 4................................  Above 1.60%-2.50%.......            0.20            0.16            0.22
Tier 5................................  Above 2.50%.............            0.21            0.17            0.22
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    The Exchange proposes in Category A to change the Tier 3 Customer 
Rebate from $0.12 to $0.15.\17\ The Exchange also proposes to change 
the Tier 4 Customer Rebate from $0.16 to $0.20, and the Tier 5 Customer 
Rebate from $0.17 to $0.21. The Exchange believes that the proposed 
increased Category A rebates will continue to encourage members to send 
Customer liquidity to Phlx. The Exchange believes that the proposed 
three or four cent rebate increase in Tiers 3, 4, and 5 is reasonable 
and fair, and retains the existing structure of increasingly higher 
rebates in increasingly higher Tiers to encourage members to send 
greater liquidity while giving members an

[[Page 50687]]

opportunity to receive higher Customer rebates. Moreover, as stated in 
the explanatory note to Category A, rebates will continue to be paid to 
members executing electronically-delivered Customer Simple Orders in 
Penny Pilot Options and Customer Simple Orders in Non-Penny Pilot 
Options in section II symbols. The remaining provisions in the Category 
A explanatory note regarding Customer PIXL Orders (Customer PIXL Orders 
that execute against a PIXL Initiating Order are paid a rebate of $0.14 
per contract, and rebates on Customer PIXL Orders are capped at 4,000 
contracts per order for Simple PIXL Orders) are simply moved to 
proposed Category B.
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    \17\ The Exchange notes that the asterisked note will continue 
to apply to Tier 2, but not to Tier 3, of Category A. It will also 
continue to apply to Tiers 2 and 3 of Categories B and C.
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    The Exchange proposes new Category B regarding Customer PIXL orders 
that are not complex orders (these are covered in Category C). The 
proposed Tiers in Category B are exactly like the current Tiers in 
Category A. Thus, the proposed Category B Tiers include Tier 1 at 
$0.00, Tier 2 at $0.10, Tier 3 at $0.12, Tier 4 at $0.16, and Tier 5 at 
$0.17. In addition, as noted the Exchange is re-numbering the last two 
sentences of the explanatory note now applicable to Category A so that 
it becomes the new note applicable to Category B. This new note will 
state that a rebate will be paid on Customer PIXL Orders in Section II 
symbols that execute against non-Initiating Order interest. In the 
instance where member organizations qualify for Tier 4 or higher in the 
Customer Rebate Program, Customer PIXL Orders that execute against a 
PIXL Initiating Order will be paid a rebate of $0.14 per contract. 
Rebates on Customer PIXL Orders will be capped at 4,000 contracts per 
order for Simple PIXL Orders. The addition of Category B establishes 
three different Categories for three different types of orders. This 
allows the Exchange to more clearly delineate how rebates apply to 
three types of orders: Customer Simple Orders that will be dealt with 
in Category A, Customer PIXL Orders that will be dealt with in Category 
B, and Customer Complex Orders and Customer Complex PIXL Orders that 
will be dealt with in Category C. Moreover, the Tiers in Category B, as 
also the explanatory note, are not new but rather are simply taken 
directly from current Category A. And, as discussed below, the current 
explanatory note regarding Category B, which now discusses Complex 
Orders, is moved to Category C.
    Proposed Category C is simply current Category B that is re-named 
Category C. There are no changes as Category B becomes Category C. 
Thus, the Category C proposed Tiers include Tier 1 at $0.00, Tier 2 at 
$0.17, Tier 3 at $0.17, Tier 4 at $0.22, and Tier 5 at $0.22. As 
discussed, all of the Tiers in Category C apply to Customer Complex 
Orders and Customer Complex PIXL Orders only. In addition, the current 
Category B explanatory note is re-named to Category C so that as 
proposed it reads as follows: Rebate will be paid to members executing 
electronically-delivered Customer Complex Orders in Penny Pilot Options 
and Non-Penny Pilot Options in Section II symbols. Rebate will be paid 
on Customer PIXL Complex Orders in Section II symbols that execute 
against non-Initiating Order interest. Customer Complex PIXL Orders 
that execute against a Complex PIXL Initiating Order will not be paid a 
rebate under any circumstances. The Category C Rebate will not be paid 
when an electronically-delivered Customer Complex Order, including 
Customer Complex PIXL Order, executes against another electronically-
delivered Customer Complex Order. Rebates on Customer PIXL Orders will 
be capped at 4,000 contracts per order leg for Complex PIXL Orders.
    Finally, the asterisked explanatory note, which currently applies 
to Categories A and B but does not apply to category C as it currently 
does not exist, will be amended to properly reflect all three 
Categories. This note discusses certain rebates in addition to the 
applicable Tier 2 and Tier 3 rebate to a Specialist or Market Maker or 
its member or member organization affiliate under Common Ownership. The 
portion of the note that now applies to Category A only will be 
expanded to Category A and B; and the portion of the note that now 
applies to Category B will apply to new Category C. Thus, the 
asterisked note would read as follows: The Exchange will pay a $0.02 
per contract Category A and B rebate and a $0.03 per contract Category 
C rebate in addition to the applicable Tier 2 and 3 rebate to a 
Specialist or Market Maker or its member or member organization 
affiliate under Common Ownership provided the Specialist or Market 
Maker has reached the Monthly Market Maker Cap, as defined in section 
II. The Exchange believes that, similarly to the other proposed 
changes, this adds clarity to the proposed new three-Category rebate 
structure where each Category applies to a different type of Customer 
Order.\18\
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    \18\ Id.
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    The Exchange believes that by making the proposed changes, 
clarifying the rebate structure, and increasing certain rebates, the 
Exchange will continue to encourage market participants to direct a 
greater number of Customer orders to the Exchange.
2. Statutory Basis
    The Exchange believes that its proposal to amend the Pricing 
Schedule is consistent with section 6(b) of the Act \19\ in general, 
and furthers the objectives of section 6(b)(4) and (b)(5) of the Act 
\20\ 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.
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    \19\ 15 U.S.C. 78f(b).
    \20\ 15 U.S.C. 78f(b)(4), (5).
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Section B--Customer Rebates
    The Exchange believes that its proposal in Category A to change the 
Tier 3 Customer Rebate from $0.12 to $0.15, the Tier 4 Customer Rebate 
from $0.16 to $0.20, and the Tier 5 Customer Rebate from $0.17 to $0.21 
is reasonable. These proposed changes will allow the Exchange to 
continue to attract Customer liquidity to the Exchange. Customer orders 
bring valuable liquidity to the market, which liquidity benefits other 
market participants. Customer liquidity benefits all market 
participants by providing more trading opportunities, which attracts 
Specialists and Market Makers. An increase in the activity of these 
market participants in turn facilitates tighter spreads, which may 
cause an additional corresponding increase in order flow from other 
market participants. The Exchange believes that the proposed increased 
Category A rebates will continue to encourage members to send Customer 
liquidity to Phlx despite moving to Category B the cap on PIXL Complex 
Order rebates at the proposed 4,000 contracts per order leg. The 
Exchange believes that the proposed increase of three or four cents is 
reasonable. Additionally, the CBOE has similar [sic] rebates.\21\ 
Similarly, the Exchange believes that moving the cap regarding Customer 
PIXL Orders from Category A to proposed Category B, which deals with 
Customer PIXL Orders, is likewise reasonable under the three-Category 
structure according to

[[Page 50688]]

Customer order type. Category A rebates will continue to be paid to 
members executing electronically-delivered Customer Simple Orders in 
Penny Pilot Options and Customer Simple Orders in Non-Penny Pilot 
Options in section II symbols.
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    \21\ CBOE's VIP credit for certain orders in Tier 3 is $0.22 per 
contract. See CBOE's Fees Schedule. See also Securities Exchange Act 
Release No. 371588 (June 17, 2015), 80 FR 36021 (June 23, 2015) (SR-
CBOE-2015-058) (rule change increasing VIP credit for certain orders 
in Tier 3 from $0.16 per contract to $0.22 per contract, also in 
Tier 2 from $0.16 per contract to $0.21 per contract and in Tier 4 
from $0.17 per contract to $0.23 per contract).
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    The Exchange believes that its proposal to amend Category A is 
equitable and not unfairly discriminatory because these proposed 
amendments to Category A apply uniformly to all market participants to 
whom Category A applies. Moreover, the Exchange believes that the 
proposed modest Tiers increases (to $0.15, $0.20, and $0.21) retain the 
existing structure of increasingly higher rebates in increasingly 
higher Tiers to encourage members to send greater liquidity while 
giving members an opportunity to receive higher Customer rebates.
    The Exchange believes that its proposal to establish new Category B 
is reasonable. The Exchange proposes new Category B regarding Customer 
PIXL orders that are not complex orders (these are covered in Category 
C), and the proposed Tiers in Category B are exactly like the current 
Category A Tiers. In addition, the Exchange believes that it is 
reasonable to re-number the last two sentences of the explanatory note 
now applicable to Category A, which discusses Customer PIXL Orders, so 
that it becomes the new note applicable to Category B, which deals with 
Customer PIXL Orders. The Exchange believes that its proposal to add 
new Category B, which is applicable to Complex PIXL orders only, adds 
clarity to the rebate structure. The addition of Category B establishes 
three different Categories for three different types of orders. This 
allows the Exchange to more clearly delineate how rebates apply to 
three types of orders: Customer Simple Orders that will be dealt with 
in Category A, Customer PIXL Orders that will be dealt with in Category 
B, and Customer Complex Orders and Customer Complex PIXL Orders that 
will be dealt with in Category C. Moreover, the Tiers in Category B, as 
also the explanatory note, are not new but rather are simply taken 
directly from current Category A. The Exchange believes that it is 
reasonable to move the current explanatory note regarding Category B, 
which discusses Complex Orders, to Category C, which discusses Customer 
Complex Orders and Customer Complex PIXL Orders.
    The Exchange believes that its proposal to amend Category B is 
equitable and not unfairly discriminatory because these proposed 
amendments to Category B apply uniformly to all market participants to 
whom Category B applies.
    The Exchange believes that its proposal to re-name Category B as 
Category C, which as proposed deals with Customer Complex Orders and 
Customer Complex PIXL Orders, and to ensure that the explanatory note 
to Category B is properly applicable to Category C, is reasonable under 
the three-Category structure according to Customer order type. These 
proposed changes will allow the Exchange to continue to attract 
Customer liquidity to the Exchange. Customer orders bring valuable 
liquidity to the market, which liquidity benefits other market 
participants. Customer liquidity benefits all market participants by 
providing more trading opportunities, which attracts Specialists and 
Market Makers. An increase in the activity of these market participants 
in turn facilitates tighter spreads, which may cause an additional 
corresponding increase in order flow from other market participants. 
The Exchange believes that it is reasonable to move the cap on PIXL 
Complex Order rebates at the proposed 4,000 contracts per order leg 
from Category B to Category C, which applies to Complex Orders.
    The Exchange believes that its proposal to amend Category C is 
equitable and not unfairly discriminatory because these proposed 
amendments to Category C apply uniformly to all market participants to 
whom Category C applies.
    The Exchange also believes that amending the asterisked explanatory 
note, which currently applies to Categories A and B, to reflect all 
three Categories is reasonable under the three-Category system as 
discussed. The portion of the note that now applies to Category A only 
will be expanded to Category A and B; and the portion of the note that 
now applies to Category B will apply to new Category C. The Exchange 
believes that, similarly to the other proposed changes, this adds 
clarity to the proposed new three-Category rebate structure (Customer 
Simple Orders in Category A, Customer PIXL Orders in Category B, and 
Customer Complex Orders and Customer Complex PIXL Orders in Category 
C). In addition, The Exchange believes that it is reasonable to give 
Specialists and Market Maker or its member of member organization 
affiliate under Common Ownership to earn an additional rebate under 
certain circumstances. An increase in the activity of these market 
participants may facilitate tighter spreads, which may cause an 
additional corresponding increase in order flow from other market 
participants. Moreover, Specialists and Market Makers have obligations 
to the market and regulatory requirements, which normally do not apply 
to other market participants.\22\ They have obligations to make 
continuous markets, engage in a course of dealings reasonably 
calculated to contribute to the maintenance of a fair and orderly 
market, and not make bids or offers or enter into transactions that are 
inconsistent with a course of dealings. The differentiation as between 
Specialists and Market Makers and other market participants (e.g., 
Professionals, Broker-Dealers, and Firms) recognizes the differing 
contributions made to the liquidity and trading environment on the 
Exchange by these market participants.
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    \22\ See Rule 1014 titled ``Obligations and Restrictions 
Applicable to Specialists and Registered Options Traders.''
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    The Exchange believes that these last-discussed amendments are 
equitable and not unfairly discriminatory because they would apply 
uniformly to all market participants.
    The Exchange believes that the proposed amendments to the rebate 
structure in the Pricing Structure enables the Exchange to continue to 
incentivize members to send order flow to the Exchange to the benefit 
market participants.

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 Customer Rebate Program amendments in section B of the Pricing 
Schedule, for example, do not create an undue burden on competition 
and, like all of the amendments proposed by the Exchange, will apply 
uniformly to all market participants. Moreover, the section B 
amendments will enable the Exchange to continue to attract liquidity, 
which benefits all market participants by providing more trading 
opportunities, which attracts Specialists and Market Makers. The 
Exchange's proposal will allow it to continue to incentivize market 
participants to bring liquidity to the Exchange, as described herein.
    The Exchange operates in a highly competitive market, comprised of 
twelve exchanges, in which market participants can easily and readily 
direct order flow to competing venues if they deem fee levels at a 
particular venue to be excessive or rebates to be inadequate. 
Accordingly, the fees that are assessed and the rebates paid by the

[[Page 50689]]

Exchange, as described in the proposal, are influenced by these robust 
market forces and therefore must remain competitive with fees charged 
and rebates paid by other venues and therefore must continue to be 
reasonable and equitably allocated to those members that opt to direct 
orders to the Exchange rather than competing venues.
    The Exchange believes that its changes are pro-competitive. The 
proposed rebate changes, which are part of the Exchange's overall fee 
structure, are designed to ensure a fair and reasonable use of Exchange 
resources by allowing the Exchange to recoup costs while continuing to 
attract liquidity and offer connectivity at competitive rates to 
Exchange members and member organizations.

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.\23\ At any time within 60 days of the 
filing of the proposed rule change, the Commission summarily may 
temporarily suspend such rule change if it appears to the Commission 
that such action is necessary or appropriate in the public interest, 
for the protection of investors, or otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

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-2015-68 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-2015-68. 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-2015-68 and 
should be submitted on or before September 10, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\24\
---------------------------------------------------------------------------

    \24\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-20546 Filed 8-19-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                           Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Notices                                                       50685

                                              NYSEArca-2015–71, and should be                          Pilot Options will increase specifically                 rebates for certain Customer Simple
                                              submitted on or before September 10,                     for Tiers 3, 4, and 5; (ii) establish new                Orders in Penny Pilot and non-Penny
                                              2015.                                                    Category B for rebates for certain                       Pilot Options will increase specifically
                                                For the Commission, by the Division of                 electronic Customer PIXLSM 5 Orders;                     for Tiers 3, 4, and 5; (ii) establish new
                                              Trading and Markets, pursuant to delegated               (iii) rename Category B to Category C                    Category B for rebates for certain
                                              authority.15                                             regarding certain electronic Complex 6                   electronic Customer PIXL Orders; (iii)
                                              Robert W. Errett,                                        and Complex PIXL 7 Orders; and (iv)                      rename Category B to Category C
                                              Deputy Secretary.                                        update and clarify the explanatory notes                 regarding certain electronic Complex
                                              [FR Doc. 2015–20548 Filed 8–19–15; 8:45 am]
                                                                                                       applicable to Categories A, B, and C to                  and Complex PIXL Orders; and (iv)
                                                                                                       match the proposed changes.                              update and clarify the explanatory notes
                                              BILLING CODE 8011–01–P
                                                                                                          The text of the proposed rule change                  applicable to Categories A, B, and C to
                                                                                                       is available on the Exchange’s Web site                  match the proposed changes. The
                                              SECURITIES AND EXCHANGE                                  at http://                                               Exchange proposes these amendments
                                              COMMISSION                                               nasdaqomxphlx.cchwallstreet.com/, at                     in order to more clearly delineate how
                                                                                                       the principal office of the Exchange, and                rebates apply to different types of
                                              [Release No. 34–75702; File No. SR–Phlx–                 at the Commission’s Public Reference                     Customer orders: Customer Simple
                                              2015–68]                                                 Room.                                                    Orders (Category A), Customer PIXL
                                                                                                                                                                Orders (Category B), and Customer
                                              Self-Regulatory Organizations;                           II. Self-Regulatory Organization’s
                                                                                                                                                                Complex Orders and Customer Complex
                                              NASDAQ OMX PHLX LLC; Notice of                           Statement of the Purpose of, and
                                                                                                                                                                PIXL Orders (Category C).
                                              Filing and Immediate Effectiveness of                    Statutory Basis for, the Proposed Rule
                                              Proposed Rule Change Relating to                         Change                                                   Section B—Customer Rebate Program
                                              Customer Rebate Program                                     In its filing with the Commission, the                   Currently, the Exchange has a
                                              August 14, 2015.                                         Exchange included statements                             Customer Rebate Program consisting of
                                                 Pursuant to Section 19(b)(1) of the                   concerning the purpose of and basis for                  five Tiers of Customer Rebates on two
                                              Securities Exchange Act of 1934                          the proposed rule change and discussed                   categories, A and B, of transactions. A
                                              (‘‘Act’’),1 and Rule 19b–4 thereunder,2                  any comments it received on the                          Phlx member qualifies for a certain
                                              notice is hereby given that on August 3,                 proposed rule change. The text of these                  rebate Tier based on the percentage of
                                              2015, NASDAQ OMX PHLX LLC                                statements may be examined at the                        total national customer volume in
                                              (‘‘Phlx’’ or ‘‘Exchange’’) filed with the                places specified in Item IV below. The                   Multiply Listed equity and ETF options
                                              Securities and Exchange Commission                       Exchange has prepared summaries, set                     classes, excluding SPY 8 options that it
                                              (‘‘SEC’’ or ‘‘Commission’’) the proposed                 forth in sections A, B, and C below, of                  transacts monthly on Phlx. The
                                              rule change as described in Items I, II,                 the most significant aspects of such                     Exchange calculates Customer volume
                                              and III, below, which Items have been                    statements.                                              in Multiply Listed Options (including
                                              prepared by the Exchange. The                            A. Self-Regulatory Organization’s                        SPY options) by totaling electronically-
                                              Commission is publishing this notice to                  Statement of the Purpose of, and                         delivered and executed volume,
                                              solicit comments on the proposed rule                    Statutory Basis for, the Proposed Rule                   excluding volume associated with
                                              change from interested persons.                          Change                                                   electronic Qualified Contingent Cross
                                                                                                                                                                (‘‘QCC’’) Orders,9 as defined in
                                              I. Self-Regulatory Organization’s                        1. Purpose                                               Exchange Rule 1080(o).10
                                              Statement of the Terms of Substance of                      The purpose of this filing is to amend                   The Exchange now has rebate
                                              the Proposed Rule Change                                 pricing in section B, entitled ‘‘Customer                categories Category A and Category B to
                                                The Exchange proposes to amend                         Rebate Program,’’ of the Pricing                         cover all rebates pursuant to the
                                              pricing in section B, entitled ‘‘Customer                Schedule. In particular, the Exchange
                                                                                                                                                                   8 SPY is the SPDR® S&P 500® ETF Trust. S&P®,
                                              Rebate Program,’’ 3 of the Pricing                       proposes to: (i) Indicate that Category A                S&P 500®, SPDR®, and Standard & Poor’s® are
                                              Schedule. In particular, the Exchange                                                                             registered trademarks of Standard & Poor’s®
                                              proposes to: (i) Indicate that Category A                at http://www.nasdaqtrader.com/                          Financial Services LLC.
                                              rebates for certain Customer Simple                      Micro.aspx?id=phlx.                                         9 A QCC Order is comprised of an order to buy
                                                                                                          5 PIXL is the Exchange’s price improvement
                                              Orders in Penny Pilot 4 and non-Penny                                                                             or sell at least 1000 contracts that is identified as
                                                                                                       mechanism known as Price Improvement XL or               being part of a qualified contingent trade, as that
                                                                                                       PIXL. See Rule 1080(n).                                  term is defined in Rule 1080(o)(3), coupled with a
                                                15 17  CFR 200.30–3(a)(12).                               6 A Complex Order is any order involving the          contra-side order to buy or sell an equal number of
                                                1 15  U.S.C. 78s(b)(1).                                simultaneous purchase and/or sale of two or more         contracts. The QCC Order must be executed at a
                                                 2 17 CFR 240.19b–4.
                                                                                                       different options series in the same underlying          price at or between the National Best Bid and Offer
                                                 3 The term ‘‘Customer’’ applies to any transaction    security, priced at a net debit or credit based on the   and be rejected if a Customer order is resting on the
                                              that is identified by a member or member                 relative prices of the individual components, for the    Exchange book at the same price. A QCC Order
                                              organization for clearing in the Customer range at       same account, for the purpose of executing a             shall only be submitted electronically from off the
                                              The Options Clearing Corporation (‘‘OCC’’) which         particular investment strategy. Furthermore, a           floor to the PHLX XL II System. See Rule 1080(o).
                                              is not for the account of broker or dealer or for the    Complex Order can also be a stock-option order,          See also Securities Exchange Act Release No. 64249
                                              account of a ‘‘Professional’’ (as that term is defined   which is an order to buy or sell a stated number         (April 7, 2011), 76 FR 20773 (April 13, 2011) (SR–
                                              in Rule 1000(b)(14).                                     of units of an underlying stock or Exchange Traded       Phlx–2011–47) (a rule change to establish a QCC
                                                 4 The Penny Pilot was established in January 2007     Fund (‘‘ETF’’) coupled with the purchase or sale of      Order to facilitate the execution of stock/option
                                              and was last extended in 2015. See Securities            options contract(s). See Exchange Rule 1080,             Qualified Contingent Trades (‘‘QCTs’’) that satisfy
                                              Exchange Act Release Nos. 55153 (January 23,             Commentary .07(a)(i).                                    the requirements of the trade through exemption in
                                              2007), 72 FR 4553 (January 31, 2007) (SR–Phlx–              7 A transaction resulting from an order that was      connection with Rule 611(d) of the Regulation
tkelley on DSK3SPTVN1PROD with NOTICES




                                              2006–74) (notice of filing and approval order            electronically delivered utilizes Phlx XL. See           NMS).
                                              establishing Penny Pilot); and 75286 (June 24, 2015)     Exchange Rules 1014 and 1080. Electronically                10 Members and member organizations under

                                              (SR–Phlx–2015–54) (notice of filing and immediate        delivered orders do not include orders transacted        common ownership may aggregate their Customer
                                              effectiveness extending the Penny Pilot through          on the Exchange floor. A transaction resulting from      volume for purposes of calculating the Customer
                                              June 30, 2016). Non-Penny Pilot Options are              an order that is non-electronically-delivered is         Rebate Tiers and receiving rebates. Common
                                              options other than Penny Pilot Options listed on the     represented on the trading floor by a floor broker.      ownership means members or member
                                              Exchange (e.g. AAPL, BAC, EEM, FB, FXI, IWM,             See Exchange Rule 1063. All orders are either            organizations under 75% common ownership or
                                              QQQ, TWTR, VXX and XLF), which can be found              electronically or non-electronically delivered.          control. See Preface to Pricing Schedule.



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                                              50686                                    Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Notices

                                              Customer Rebate Program. The                                                 qualify for Tier 4 or higher in the                                     an electronically-delivered Customer
                                              Exchange proposes to add new Category                                        Customer Rebate Program, Customer                                       Complex Order, including a Customer
                                              B. This allows the Exchange to more                                          PIXL Orders that execute against a PIXL                                 Complex PIXL Order, executes against
                                              clearly delineate how rebates apply to                                       Initiating Order are paid a rebate of                                   another electronically-delivered
                                              three types of orders: Customer Simple                                       $0.14 per contract. Rebates on Customer                                 Customer Complex Order. Rebates on
                                              Orders, which will be covered in                                             PIXL Orders are currently capped at                                     Customer PIXL Orders are capped at
                                              Category A; Customer PIXL Orders,                                            4,000 contracts per order for Simple                                    4,000 contracts per order leg for
                                              which will be covered in Category B;                                         PIXL Orders.                                                            Complex PIXL Orders. Moreover, the
                                              and Customer Complex Orders and                                                Currently, a Category B rebate is paid                                Exchange will pay a $0.02 per contract
                                              Customer Complex PIXL Orders, which                                          to members executing electronically-                                    Category A rebate and a $0.03 per
                                              will be covered in Category C.                                               delivered Customer Complex Orders in
                                                                                                                                                                                                   contract Category B rebate in addition to
                                                Currently, a Category A rebate is paid                                     Penny Pilot Options and non-Penny
                                                                                                                                                                                                   the applicable Tier 2 and 3 rebate to a
                                              to members executing electronically-                                         Pilot Options in section II symbols.
                                              delivered Customer Simple Orders in                                          Rebates are paid on Customer PIXL                                       Specialist 12 or Market Maker 13 or its
                                              Penny Pilot Options and Customer                                             Complex Orders in section II symbols                                    member or member organization
                                              Simple Orders in non-Penny Pilot                                             that execute against non-Initiating Order                               affiliate under Common Ownership
                                              Options in Section II symbols.11 Rebates                                     interest. Customer Complex PIXL                                         provided the Specialist or Market Maker
                                              are paid on Customer PIXL Orders in                                          Orders that execute against a Complex                                   has reached the Monthly Market Maker
                                              Section II symbols that execute against                                      PIXL Initiating Order will not be paid a                                Cap, as defined in section II.
                                              non-Initiating Order interest. In the                                        rebate under any circumstances. The                                        Now, the rebates in all Tiers (Category
                                              instance where member organizations                                          Category B rebate will not be paid when                                 A and Category B) are as follows:

                                                                                                              Percentage thresholds of national customer volume in multiply-listed                                      Category           Category
                                                          Customer rebate tiers                                equity and ETF options classes, excluding SPY options (monthly)                                             A                  B

                                              Tier   1   ................................................   0.00%–0.60% ............................................................................................          $0.00               $0.00
                                              Tier   2   ................................................   Above 0.60%–1.10% .................................................................................               *0.10               *0.17
                                              Tier   3   ................................................   Above 1.10%–1.60% .................................................................................               *0.12               *0.17
                                              Tier   4   ................................................   Above 1.60%–2.50% .................................................................................                0.16                0.22
                                              Tier   5   ................................................   Above 2.50% .............................................................................................          0.17                0.22



                                                Several notes now explain the rebate                                       Category B,15 and also an asterisked                                      As proposed, the rebates in all Tiers
                                              schedule. Currently, there is an                                             note that applies to certain sections of                                (Category A, Category B, and Category
                                              explanatory note regarding Category                                          Category A and Category B.16 These are                                  C) are as follows:
                                              A,14 an explanatory note regarding                                           discussed below.

                                                                                                    Percentage thresholds of national customer volume in mul-
                                                                                                    tiply-listed equity and ETF options classes, excluding SPY
                                                     Customer rebate tiers                                                                                                                       Category A             Category B       Category C
                                                                                                                               options
                                                                                                                              (monthly)

                                              Tier   1   ......................................    0.00%–0.60% ..........................................................................                   $0.00             $0.00               $0.00
                                              Tier   2   ......................................    Above 0.60%–1.10% ..............................................................                         *0.10             *0.10               *0.17
                                              Tier   3   ......................................    Above 1.10%–1.60% ..............................................................                          0.15             *0.12               *0.17
                                              Tier   4   ......................................    Above 1.60%–2.50% ..............................................................                          0.20              0.16                0.22
                                              Tier   5   ......................................    Above 2.50% ..........................................................................                    0.21              0.17                0.22



                                                 The Exchange proposes in Category A                                       $0.17 to $0.21. The Exchange believes                                   increase in Tiers 3, 4, and 5 is
                                              to change the Tier 3 Customer Rebate                                         that the proposed increased Category A                                  reasonable and fair, and retains the
                                              from $0.12 to $0.15.17 The Exchange                                          rebates will continue to encourage                                      existing structure of increasingly higher
                                              also proposes to change the Tier 4                                           members to send Customer liquidity to                                   rebates in increasingly higher Tiers to
                                              Customer Rebate from $0.16 to $0.20,                                         Phlx. The Exchange believes that the                                    encourage members to send greater
                                              and the Tier 5 Customer Rebate from                                          proposed three or four cent rebate                                      liquidity while giving members an

                                                11 This refers to section II of the Pricing Schedule.                      higher in the Customer Rebate Program, Customer                         Order, executes against another electronically-
                                                12 A ‘‘Specialist’’ is an Exchange member who is                           PIXL Orders that execute against a PIXL Initiating                      delivered Customer Complex Order. Rebates on
                                              registered as an options specialist pursuant to Rule                         Order will be paid a rebate of $0.14 per contract.                      Customer PIXL Orders will be capped at 4,000
                                              1020(a).                                                                     Rebates on Customer PIXL Orders will be capped                          contracts per order leg for Complex PIXL Orders.
                                                13 A ‘‘Market Maker’’ includes Registered Options                          at 4,000 contracts per order for Simple PIXL Orders.                      16 *The Exchange will pay a $0.02 per contract
                                              Traders (Rule 1014(b)(i) and (ii)), which includes                              15 Category B: Rebate will be paid to members
                                                                                                                                                                                                   Category A rebate and a $0.03 per contract Category
                                              Streaming Quote Traders (see Rule 1014(b)(ii)(A))                            executing electronically-delivered Customer                             B rebate in addition to the applicable Tier 2 and 3
                                              and Remote Streaming Quote Traders (see Rule                                 Complex Orders in Penny Pilot Options and Non-                          rebate to a Specialist or Market Maker or its member
                                              1014(b)(ii)(B)).                                                             Penny Pilot Options in Section II symbols. Rebate
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                                                                                                                                                                                                   or member organization affiliate under Common
                                                14 Category A: Rebate will be paid to members                              will be paid on Customer PIXL Complex Orders in
                                                                                                                                                                                                   Ownership provided the Specialist or Market Maker
                                              executing electronically-delivered Customer Simple                           Section II symbols that execute against non-
                                                                                                                           Initiating Order interest. Customer Complex PIXL                        has reached the Monthly Market Maker Cap, as
                                              Orders in Penny Pilot Options and Customer
                                              Simple Orders in Non-Penny Pilot Options in                                  Orders that execute against a Complex PIXL                              defined in section II.
                                                                                                                                                                                                     17 The Exchange notes that the asterisked note
                                              Section II symbols. Rebate will be paid on Customer                          Initiating Order will not be paid a rebate under any
                                              PIXL Orders in Section II symbols that execute                               circumstances. The Category B Rebate will not be                        will continue to apply to Tier 2, but not to Tier 3,
                                              against non-Initiating Order interest. In the instance                       paid when an electronically-delivered Customer                          of Category A. It will also continue to apply to Tiers
                                              where member organizations qualify for Tier 4 or                             Complex Order, including Customer Complex PIXL                          2 and 3 of Categories B and C.



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                                                                          Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Notices                                                   50687

                                              opportunity to receive higher Customer                  $0.00, Tier 2 at $0.17, Tier 3 at $0.17,              a greater number of Customer orders to
                                              rebates. Moreover, as stated in the                     Tier 4 at $0.22, and Tier 5 at $0.22. As              the Exchange.
                                              explanatory note to Category A, rebates                 discussed, all of the Tiers in Category C
                                                                                                                                                            2. Statutory Basis
                                              will continue to be paid to members                     apply to Customer Complex Orders and
                                              executing electronically-delivered                      Customer Complex PIXL Orders only. In                    The Exchange believes that its
                                              Customer Simple Orders in Penny Pilot                   addition, the current Category B                      proposal to amend the Pricing Schedule
                                              Options and Customer Simple Orders in                   explanatory note is re-named to                       is consistent with section 6(b) of the
                                              Non-Penny Pilot Options in section II                   Category C so that as proposed it reads               Act 19 in general, and furthers the
                                              symbols. The remaining provisions in                    as follows: Rebate will be paid to                    objectives of section 6(b)(4) and (b)(5) of
                                              the Category A explanatory note                         members executing electronically-                     the Act 20 in particular, in that it
                                              regarding Customer PIXL Orders                          delivered Customer Complex Orders in                  provides for the equitable allocation of
                                              (Customer PIXL Orders that execute                      Penny Pilot Options and Non-Penny                     reasonable dues, fees and other charges
                                              against a PIXL Initiating Order are paid                Pilot Options in Section II symbols.                  among members and issuers and other
                                              a rebate of $0.14 per contract, and                     Rebate will be paid on Customer PIXL                  persons using any facility or system
                                              rebates on Customer PIXL Orders are                     Complex Orders in Section II symbols                  which Phlx operates or controls, and is
                                              capped at 4,000 contracts per order for                 that execute against non-Initiating Order             not designed to permit unfair
                                              Simple PIXL Orders) are simply moved                    interest. Customer Complex PIXL                       discrimination between market
                                              to proposed Category B.                                 Orders that execute against a Complex                 participants to whom the Exchange’s
                                                 The Exchange proposes new Category                   PIXL Initiating Order will not be paid a              fees and rebates are applicable.
                                              B regarding Customer PIXL orders that                   rebate under any circumstances. The                   Section B—Customer Rebates
                                              are not complex orders (these are                       Category C Rebate will not be paid when
                                              covered in Category C). The proposed                    an electronically-delivered Customer                     The Exchange believes that its
                                              Tiers in Category B are exactly like the                Complex Order, including Customer                     proposal in Category A to change the
                                              current Tiers in Category A. Thus, the                  Complex PIXL Order, executes against                  Tier 3 Customer Rebate from $0.12 to
                                              proposed Category B Tiers include Tier                  another electronically-delivered                      $0.15, the Tier 4 Customer Rebate from
                                              1 at $0.00, Tier 2 at $0.10, Tier 3 at                  Customer Complex Order. Rebates on                    $0.16 to $0.20, and the Tier 5 Customer
                                              $0.12, Tier 4 at $0.16, and Tier 5 at                   Customer PIXL Orders will be capped at                Rebate from $0.17 to $0.21 is
                                              $0.17. In addition, as noted the                        4,000 contracts per order leg for                     reasonable. These proposed changes
                                              Exchange is re-numbering the last two                   Complex PIXL Orders.                                  will allow the Exchange to continue to
                                              sentences of the explanatory note now                      Finally, the asterisked explanatory                attract Customer liquidity to the
                                              applicable to Category A so that it                     note, which currently applies to                      Exchange. Customer orders bring
                                              becomes the new note applicable to                      Categories A and B but does not apply                 valuable liquidity to the market, which
                                              Category B. This new note will state that               to category C as it currently does not                liquidity benefits other market
                                              a rebate will be paid on Customer PIXL                  exist, will be amended to properly                    participants. Customer liquidity benefits
                                              Orders in Section II symbols that                       reflect all three Categories. This note               all market participants by providing
                                              execute against non-Initiating Order                    discusses certain rebates in addition to              more trading opportunities, which
                                              interest. In the instance where member                  the applicable Tier 2 and Tier 3 rebate               attracts Specialists and Market Makers.
                                              organizations qualify for Tier 4 or higher              to a Specialist or Market Maker or its                An increase in the activity of these
                                              in the Customer Rebate Program,                         member or member organization                         market participants in turn facilitates
                                              Customer PIXL Orders that execute                       affiliate under Common Ownership. The                 tighter spreads, which may cause an
                                              against a PIXL Initiating Order will be                 portion of the note that now applies to               additional corresponding increase in
                                              paid a rebate of $0.14 per contract.                    Category A only will be expanded to                   order flow from other market
                                              Rebates on Customer PIXL Orders will                    Category A and B; and the portion of the              participants. The Exchange believes that
                                              be capped at 4,000 contracts per order                  note that now applies to Category B will              the proposed increased Category A
                                              for Simple PIXL Orders. The addition of                 apply to new Category C. Thus, the                    rebates will continue to encourage
                                              Category B establishes three different                  asterisked note would read as follows:                members to send Customer liquidity to
                                              Categories for three different types of                 The Exchange will pay a $0.02 per                     Phlx despite moving to Category B the
                                              orders. This allows the Exchange to                     contract Category A and B rebate and a                cap on PIXL Complex Order rebates at
                                              more clearly delineate how rebates                      $0.03 per contract Category C rebate in               the proposed 4,000 contracts per order
                                              apply to three types of orders: Customer                addition to the applicable Tier 2 and 3               leg. The Exchange believes that the
                                              Simple Orders that will be dealt with in                rebate to a Specialist or Market Maker                proposed increase of three or four cents
                                              Category A, Customer PIXL Orders that                   or its member or member organization                  is reasonable. Additionally, the CBOE
                                              will be dealt with in Category B, and                   affiliate under Common Ownership                      has similar [sic] rebates.21 Similarly, the
                                              Customer Complex Orders and                             provided the Specialist or Market Maker               Exchange believes that moving the cap
                                              Customer Complex PIXL Orders that                       has reached the Monthly Market Maker                  regarding Customer PIXL Orders from
                                              will be dealt with in Category C.                       Cap, as defined in section II. The                    Category A to proposed Category B,
                                              Moreover, the Tiers in Category B, as                   Exchange believes that, similarly to the              which deals with Customer PIXL
                                              also the explanatory note, are not new                  other proposed changes, this adds                     Orders, is likewise reasonable under the
                                              but rather are simply taken directly from               clarity to the proposed new three-                    three-Category structure according to
                                              current Category A. And, as discussed                   Category rebate structure where each
                                                                                                                                                              19 15 U.S.C. 78f(b).
                                              below, the current explanatory note                     Category applies to a different type of                 20 15 U.S.C. 78f(b)(4), (5).
                                              regarding Category B, which now                         Customer Order.18                                        21 CBOE’s VIP credit for certain orders in Tier 3
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                                              discusses Complex Orders, is moved to                     The Exchange believes that by making                is $0.22 per contract. See CBOE’s Fees Schedule.
                                              Category C.                                             the proposed changes, clarifying the                  See also Securities Exchange Act Release No.
                                                 Proposed Category C is simply current                rebate structure, and increasing certain              371588 (June 17, 2015), 80 FR 36021 (June 23, 2015)
                                              Category B that is re-named Category C.                 rebates, the Exchange will continue to                (SR–CBOE–2015–058) (rule change increasing VIP
                                                                                                                                                            credit for certain orders in Tier 3 from $0.16 per
                                              There are no changes as Category B                      encourage market participants to direct               contract to $0.22 per contract, also in Tier 2 from
                                              becomes Category C. Thus, the Category                                                                        $0.16 per contract to $0.21 per contract and in Tier
                                              C proposed Tiers include Tier 1 at                        18 Id.                                              4 from $0.17 per contract to $0.23 per contract).



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                                              50688                       Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Notices

                                              Customer order type. Category A rebates                 uniformly to all market participants to               Market Makers have obligations to the
                                              will continue to be paid to members                     whom Category B applies.                              market and regulatory requirements,
                                              executing electronically-delivered                         The Exchange believes that its                     which normally do not apply to other
                                              Customer Simple Orders in Penny Pilot                   proposal to re-name Category B as                     market participants.22 They have
                                              Options and Customer Simple Orders in                   Category C, which as proposed deals                   obligations to make continuous markets,
                                              Non-Penny Pilot Options in section II                   with Customer Complex Orders and                      engage in a course of dealings
                                              symbols.                                                Customer Complex PIXL Orders, and to                  reasonably calculated to contribute to
                                                 The Exchange believes that its                       ensure that the explanatory note to                   the maintenance of a fair and orderly
                                              proposal to amend Category A is                         Category B is properly applicable to                  market, and not make bids or offers or
                                              equitable and not unfairly                              Category C, is reasonable under the                   enter into transactions that are
                                              discriminatory because these proposed                   three-Category structure according to                 inconsistent with a course of dealings.
                                              amendments to Category A apply                          Customer order type. These proposed                   The differentiation as between
                                              uniformly to all market participants to                 changes will allow the Exchange to                    Specialists and Market Makers and
                                              whom Category A applies. Moreover,                      continue to attract Customer liquidity to             other market participants (e.g.,
                                              the Exchange believes that the proposed                 the Exchange. Customer orders bring                   Professionals, Broker-Dealers, and
                                              modest Tiers increases (to $0.15, $0.20,                valuable liquidity to the market, which               Firms) recognizes the differing
                                              and $0.21) retain the existing structure                liquidity benefits other market                       contributions made to the liquidity and
                                              of increasingly higher rebates in                       participants. Customer liquidity benefits             trading environment on the Exchange by
                                              increasingly higher Tiers to encourage                  all market participants by providing                  these market participants.
                                              members to send greater liquidity while                 more trading opportunities, which                        The Exchange believes that these last-
                                              giving members an opportunity to                        attracts Specialists and Market Makers.               discussed amendments are equitable
                                              receive higher Customer rebates.                        An increase in the activity of these                  and not unfairly discriminatory because
                                                 The Exchange believes that its                       market participants in turn facilitates               they would apply uniformly to all
                                              proposal to establish new Category B is                 tighter spreads, which may cause an                   market participants.
                                                                                                      additional corresponding increase in                     The Exchange believes that the
                                              reasonable. The Exchange proposes new
                                                                                                      order flow from other market                          proposed amendments to the rebate
                                              Category B regarding Customer PIXL
                                                                                                      participants. The Exchange believes that              structure in the Pricing Structure
                                              orders that are not complex orders
                                                                                                      it is reasonable to move the cap on PIXL              enables the Exchange to continue to
                                              (these are covered in Category C), and
                                                                                                      Complex Order rebates at the proposed                 incentivize members to send order flow
                                              the proposed Tiers in Category B are
                                                                                                      4,000 contracts per order leg from                    to the Exchange to the benefit market
                                              exactly like the current Category A
                                                                                                      Category B to Category C, which applies               participants.
                                              Tiers. In addition, the Exchange believes
                                                                                                      to Complex Orders.
                                              that it is reasonable to re-number the                     The Exchange believes that its                     B. Self-Regulatory Organization’s
                                              last two sentences of the explanatory                   proposal to amend Category C is                       Statement on Burden on Competition
                                              note now applicable to Category A,                      equitable and not unfairly
                                              which discusses Customer PIXL Orders,                                                                            The Exchange does not believe that
                                                                                                      discriminatory because these proposed                 the proposed rule change will impose
                                              so that it becomes the new note                         amendments to Category C apply
                                              applicable to Category B, which deals                                                                         any burden on competition not
                                                                                                      uniformly to all market participants to               necessary or appropriate in furtherance
                                              with Customer PIXL Orders. The                          whom Category C applies.
                                              Exchange believes that its proposal to                                                                        of the purposes of the Act.
                                                                                                         The Exchange also believes that                       The Customer Rebate Program
                                              add new Category B, which is                            amending the asterisked explanatory
                                              applicable to Complex PIXL orders only,                                                                       amendments in section B of the Pricing
                                                                                                      note, which currently applies to                      Schedule, for example, do not create an
                                              adds clarity to the rebate structure. The               Categories A and B, to reflect all three
                                              addition of Category B establishes three                                                                      undue burden on competition and, like
                                                                                                      Categories is reasonable under the three-             all of the amendments proposed by the
                                              different Categories for three different                Category system as discussed. The
                                              types of orders. This allows the                                                                              Exchange, will apply uniformly to all
                                                                                                      portion of the note that now applies to               market participants. Moreover, the
                                              Exchange to more clearly delineate how                  Category A only will be expanded to
                                              rebates apply to three types of orders:                                                                       section B amendments will enable the
                                                                                                      Category A and B; and the portion of the              Exchange to continue to attract
                                              Customer Simple Orders that will be                     note that now applies to Category B will
                                              dealt with in Category A, Customer                                                                            liquidity, which benefits all market
                                                                                                      apply to new Category C. The Exchange                 participants by providing more trading
                                              PIXL Orders that will be dealt with in                  believes that, similarly to the other
                                              Category B, and Customer Complex                                                                              opportunities, which attracts Specialists
                                                                                                      proposed changes, this adds clarity to                and Market Makers. The Exchange’s
                                              Orders and Customer Complex PIXL                        the proposed new three-Category rebate
                                              Orders that will be dealt with in                                                                             proposal will allow it to continue to
                                                                                                      structure (Customer Simple Orders in                  incentivize market participants to bring
                                              Category C. Moreover, the Tiers in                      Category A, Customer PIXL Orders in
                                              Category B, as also the explanatory note,                                                                     liquidity to the Exchange, as described
                                                                                                      Category B, and Customer Complex
                                              are not new but rather are simply taken                                                                       herein.
                                                                                                      Orders and Customer Complex PIXL                         The Exchange operates in a highly
                                              directly from current Category A. The                   Orders in Category C). In addition, The               competitive market, comprised of
                                              Exchange believes that it is reasonable                 Exchange believes that it is reasonable               twelve exchanges, in which market
                                              to move the current explanatory note                    to give Specialists and Market Maker or
                                                                                                                                                            participants can easily and readily
                                              regarding Category B, which discusses                   its member of member organization
                                                                                                                                                            direct order flow to competing venues if
                                              Complex Orders, to Category C, which                    affiliate under Common Ownership to
                                                                                                                                                            they deem fee levels at a particular
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                                              discusses Customer Complex Orders                       earn an additional rebate under certain
                                                                                                                                                            venue to be excessive or rebates to be
                                              and Customer Complex PIXL Orders.                       circumstances. An increase in the
                                                                                                                                                            inadequate. Accordingly, the fees that
                                                 The Exchange believes that its                       activity of these market participants
                                                                                                                                                            are assessed and the rebates paid by the
                                              proposal to amend Category B is                         may facilitate tighter spreads, which
                                              equitable and not unfairly                              may cause an additional corresponding                   22 See Rule 1014 titled ‘‘Obligations and
                                              discriminatory because these proposed                   increase in order flow from other market              Restrictions Applicable to Specialists and
                                              amendments to Category B apply                          participants. Moreover, Specialists and               Registered Options Traders.’’



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                                                                              Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Notices                                            50689

                                              Exchange, as described in the proposal,                    Commission, 100 F Street NE.,                          SECURITIES AND EXCHANGE
                                              are influenced by these robust market                      Washington, DC 20549–1090.                             COMMISSION
                                              forces and therefore must remain
                                              competitive with fees charged and                          All submissions should refer to File                   [Release No. 34–75700; File No. SR–EDGA–
                                                                                                         Number SR–Phlx–2015–68. This file                      2015–33]
                                              rebates paid by other venues and
                                              therefore must continue to be reasonable                   number should be included on the
                                                                                                                                                                Self-Regulatory Organizations; EDGA
                                              and equitably allocated to those                           subject line if email is used. To help the
                                                                                                                                                                Exchange, Inc.; Notice of Filing and
                                              members that opt to direct orders to the                   Commission process and review your
                                                                                                                                                                Immediate Effectiveness of a Proposed
                                              Exchange rather than competing venues.                     comments more efficiently, please use                  Rule Change to Rule 11.6, Definitions;
                                                 The Exchange believes that its                          only one method. The Commission will                   Rule 11.8, Order Types; Rule 11.9,
                                              changes are pro-competitive. The                           post all comments on the Commission’s                  Priority of Orders; Rule 11.10, Order
                                              proposed rebate changes, which are part                    Internet Web site (http://www.sec.gov/                 Execution; and Rule 11.11, Routing to
                                              of the Exchange’s overall fee structure,                   rules/sro.shtml).                                      Away Trading Centers
                                              are designed to ensure a fair and                             Copies of the submission, all
                                              reasonable use of Exchange resources by                                                                           August 14, 2015.
                                                                                                         subsequent amendments, all written
                                              allowing the Exchange to recoup costs                                                                                Pursuant to Section 19(b)(1) of the
                                              while continuing to attract liquidity and                  statements with respect to the proposed
                                                                                                                                                                Securities Exchange Act of 1934 (the
                                              offer connectivity at competitive rates to                 rule change that are filed with the
                                                                                                                                                                ‘‘Act’’),1 and Rule 19b-4 thereunder,2
                                              Exchange members and member                                Commission, and all written                            notice is hereby given that on August
                                              organizations.                                             communications relating to the                         11, 2015, EDGA Exchange, Inc. (the
                                                                                                         proposed rule change between the                       ‘‘Exchange’’ or ‘‘EDGA’’) filed with the
                                              C. Self-Regulatory Organization’s                          Commission and any person, other than
                                              Statement on Comments on the                                                                                      Securities and Exchange Commission
                                                                                                         those that may be withheld from the                    (‘‘Commission’’) the proposed rule
                                              Proposed Rule Change Received From                         public in accordance with the
                                              Members, Participants, or Others                                                                                  change as described in Items I and II
                                                                                                         provisions of 5 U.S.C. 552, will be                    below, which Items have been prepared
                                                No written comments were either                          available for Web site viewing and                     by the Exchange. The Exchange has
                                              solicited or received.                                     printing in the Commission’s Public                    designated this proposal as a ‘‘non-
                                              III. Date of Effectiveness of the                          Reference Room, 100 F Street NE.,                      controversial’’ proposed rule change
                                              Proposed Rule Change and Timing for                        Washington, DC 20549, on official                      pursuant to Section 19(b)(3)(A) of the
                                              Commission Action                                          business days between the hours of                     Act 3 and Rule 19b-4(f)(6)(iii)
                                                                                                         10:00 a.m. and 3:00 p.m. Copies of the                 thereunder,4 which renders it effective
                                                 The foregoing rule change has become
                                              effective pursuant to section                              filing also will be available for                      upon filing with the Commission. The
                                              19(b)(3)(A)(ii) of the Act.23 At any time                  inspection and copying at the principal                Commission is publishing this notice to
                                              within 60 days of the filing of the                        office of the Exchange. All comments                   solicit comments on the proposed rule
                                              proposed rule change, the Commission                       received will be posted without change;                change from interested persons.
                                              summarily may temporarily suspend                          the Commission does not edit personal                  I. Self-Regulatory Organization’s
                                              such rule change if it appears to the                      identifying information from                           Statement of the Terms of Substance of
                                              Commission that such action is                             submissions. You should submit only                    the Proposed Rule Change
                                              necessary or appropriate in the public                     information that you wish to make                         The Exchange filed a proposal to align
                                              interest, for the protection of investors,                 available publicly.                                    certain rules with similar rules of BATS
                                              or otherwise in furtherance of the                            All submissions should refer to File                Exchange, Inc. (‘‘BZX’’), BATS Y-
                                              purposes of the Act. If the Commission                     Number SR–Phlx–2015–68 and should                      Exchange, Inc., (‘‘BYX’’), and EDGX
                                              takes such action, the Commission shall
                                                                                                         be submitted on or before September 10,                Exchange, Inc. (‘‘EDGX’’). These
                                              institute proceedings to determine
                                                                                                         2015.                                                  changes are described in detail below
                                              whether the proposed rule should be
                                                                                                                                                                and include amending: (i) Rule 11.6,
                                              approved or disapproved.                                     For the Commission, by the Division of
                                                                                                         Trading and Markets, pursuant to delegated
                                                                                                                                                                Definitions; (ii) Rule 11.8, Order Types;
                                              IV. Solicitation of Comments                               authority.24                                           (iii) Rule 11.9, Priority of Orders; (iv)
                                                Interested persons are invited to                                                                               Rule 11.10, Order Execution; and (v)
                                                                                                         Robert W. Errett,
                                              submit written data, views, and                                                                                   Rule 11.11, Routing to Away Trading
                                                                                                         Deputy Secretary.                                      Centers. The Exchange does not propose
                                              arguments concerning the foregoing,
                                                                                                         [FR Doc. 2015–20546 Filed 8–19–15; 8:45 am]            to implement new or unique
                                              including whether the proposed rule
                                              change is consistent with the Act.                         BILLING CODE 8011–01–P                                 functionality that has not been
                                              Comments may be submitted by any of                                                                               previously filed with the Commission or
                                              the following methods:                                                                                            is not available on BZX, BYX, or EDGX.
                                                                                                                                                                The Exchange notes that the proposed
                                              Electronic Comments                                                                                               rule text is based on BZX, BYX, and
                                                • Use the Commission’s Internet                                                                                 EDGX rules and is different only to the
                                              comment form (http://www.sec.gov/                                                                                 extent necessary to conform to the
                                              rules/sro.shtml); or                                                                                              Exchange’s current rules.
                                                • Send an email to rule-comments@                                                                                  The text of the proposed rule change
                                              sec.gov. Please include File Number SR–                                                                           is available at the Exchange’s Web site
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                                              Phlx–2015–68 on the subject line.                                                                                 at www.batstrading.com, at the
                                                                                                                                                                principal office of the Exchange, and at
                                              Paper Comments
                                                • Send paper comments in triplicate                                                                               1 15 U.S.C. 78s(b)(1).
                                              to Secretary, Securities and Exchange                                                                               2 17 CFR 240.19b–4.
                                                                                                                                                                  3 15 U.S.C. 78s(b)(3)(A).
                                                23 15   U.S.C. 78s(b)(3)(A)(ii).                           24 17   CFR 200.30–3(a)(12).                           4 17 CFR 240.19b–4(f)(6)(iii).




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Document Created: 2015-12-15 11:08:32
Document Modified: 2015-12-15 11:08:32
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 50685 

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