80_FR_55575 80 FR 55397 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify the Phlx Pricing Schedule

80 FR 55397 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify the Phlx Pricing Schedule

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 178 (September 15, 2015)

Page Range55397-55399
FR Document2015-23094

Federal Register, Volume 80 Issue 178 (Tuesday, September 15, 2015)
[Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)]
[Notices]
[Pages 55397-55399]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23094]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75866; File No. SR-Phlx-2015-75]


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

September 9, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on August 27, 2015, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'') 
filed with the

[[Page 55398]]

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 modify the Phlx Pricing Schedule 
(``Pricing Schedule''). Specifically, the Exchange proposes to amend 
Section I, entitled ``Rebates and Fees for Adding and Removing 
Liquidity in SPY'' by assessing all market participants other than 
Customers \3\ a fee of $0.15 per contract for executions against an 
order for which the Exchange broadcasts an order exposure alert in 
SPY.\4\
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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)). The 
term ``Non-Customer'' applies to transactions for the accounts of 
Specialists, Market Makers, Firms, Professionals, Broker-Dealers and 
JBOs.
    \4\ Options overlying Standard and Poor's Depositary Receipts/
SPDRs (``SPY'') are based on the SPDR exchange-traded fund 
(``ETF''), which is designed to track the performance of the S&P 500 
Index.
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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 modify the Pricing Schedule by 
amending Section I, entitled ``Rebates and Fees for Adding and Removing 
Liquidity in SPY.'' Currently, Section 1 provides that no fees will be 
assessed and no rebates will be paid on transactions which execute 
against an order for which the Exchange broadcast (sic) \5\ an order 
exposure alert in SPY.\6\
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    \5\ The Exchange is correcting the word ``broadcast'' to read 
``broadcasts''.
    \6\ Exchange Rule 1080(m) provides for the broadcast of certain 
orders that are on the Phlx Book. The Exchange broadcasts orders on 
the Phlx Book by issuing order exposure alerts to all Phlx market 
participants that subscribe to certain data feeds. See Securities 
Exchange Act Release No. 68517 (December 21, 2012), 77 FR 77134 
(December 31, 2012) (SR-Phlx-2012-136). When it adopted the current 
pricing schedule provision which now is proposed to be amended, the 
Exchange stated its belief that not assessing fees (or paying a 
rebate) when removing orders from the order book in SPY where an 
order exposure alert was issued would incentivize market 
participants to remove liquidity from the Phlx Book. See Securities 
Exchange Act Release No. 69768 (June 14, 2013), 78 FR 37250 (June 
20, 2013) (SR-Phlx-2013-61).
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    The Exchange now proposes to assess all market participants other 
than Customers a fee of $0.15 per contract for such executions. Thus, 
the fee for such executions will apply to transactions for the accounts 
of Specialists,\7\ Market Makers,\8\ Firms,\9\ Professionals,\10\ 
Broker-Dealers \11\ and JBOs \12\ (collectively, ``Non-Customers''). 
The Exchange is adopting this fee at this time because it believes that 
the associated revenue will allow the Exchange to enhance its services 
and that offering this service for free is no longer a required 
incentive to remain competitive with other options exchanges.
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    \7\ A Specialist is an Exchange member who is registered as an 
options specialist pursuant to Rule 1020(a).
    \8\ 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)). Directed Participants are also market makers.
    \9\ The term ``Firm'' applies to any transaction that is 
identified by a member or member organization for clearing in the 
Firm range at OCC.
    \10\ The term ``professional'' means any person or entity that 
(i) is not a broker or dealer in securities, and (ii) places more 
than 390 orders in listed options per day on average during a 
calendar month for its own beneficial account(s). See Rule 
1000(b)(14).
    \11\ The term ``Broker-Dealer'' applies to any transaction which 
is not subject to any of the other transaction fees applicable 
within a particular category.
    \12\ The term ``Joint Back Office'' or ``JBO'' applies to any 
transaction that is identified by a member or member organization 
for clearing in the Firm range at OCC and is identified with an 
origin code as a JBO. A JBO will be priced the same as a Broker-
Dealer. A JBO participant is a member, member organization or non-
member organization that maintains a JBO arrangement with a clearing 
broker-dealer (``JBO Broker'') subject to the requirements of 
Regulation T Section 220.7 of the Federal Reserve System as further 
discussed at Exchange Rule 703.
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2. Statutory Basis
    The Exchange believes that its proposal to amend the Pricing 
Schedule is consistent with Section 6(b) of the Act \13\ in general, 
and furthers the objectives of Section 6(b)(4) and (b)(5) of the Act 
\14\ 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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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(4), (5).
---------------------------------------------------------------------------

    The Exchange's proposal is reasonable because the proposed $0.15 
fee is lower than the standard fee for removing liquidity in SPY and 
lower than fees assessed for similar activities at other options 
exchanges. For example, the Chicago Board Options Exchange (``CBOE'') 
assesses fees ranging from $0.05 to $0.45 for executions in Equity and 
ETF Options, including SPY, and offers market makers a $0.05 rebate if 
they meet certain quoting obligations for executions in Hybrid Agency 
Liaison (``HAL''). The Exchange's order exposure alert is similar to 
HAL and the proposed rate is within the range of fees CBOE assesses for 
executions in HAL. It is also reasonable not to extend the new fee to 
Customer transactions because Customer orders bring valuable liquidity 
to the market which 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's proposal is equitable and not unfairly 
discriminatory because the Exchange will be assessing the same new 
$0.15 fee on transactions by all market participants (except Customers) 
in the same manner. As stated above, Customer liquidity benefits all 
market participants by providing more trading opportunities, which 
attracts Specialists and Market Makers. It is therefore equitable and 
not unfairly discriminatory to not apply the new fee to Customer 
transactions.

[[Page 55399]]

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The Exchange's proposal to 
impose the new $0.15 fee on executions other than Customer executions 
does not misalign the fees related to Customer as compared to Non-
Customer orders. Today, Customers have lower fees because 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 new fee does not impose any undue burden on competition as all 
market participants, except Customers will be assessed the same fee.
    The Exchange operates in a highly competitive market, comprised of 
twelve options 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 
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.

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-Phlx-2015-75 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-2015-75. 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-2015-75 and 
should be submitted on or before October 6, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-23094 Filed 9-14-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                            Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Notices                                                   55397

                                                  Exhibits C and D is designed to help the                respect to its application for registration             to comply with, or is unable to comply
                                                  Commission make the determinations                      as a national securities exchange.26 The                with, any of the conditions set forth in
                                                  required under Sections 6(b) and 19(a)                  Commission believes, further, that if the               this order, if such action is necessary or
                                                  of the Exchange Act 22 with respect to                  Commission were to approve the                          appropriate in the public interest, or is
                                                  the application. The updated Exhibit C                  Applicant’s Form 1 application, it will                 consistent with the protection of
                                                  and D information required under                        have the information necessary to                       investors.
                                                  Exchange Act Rule 6a–2 is designed to                   oversee the Applicant’s activities as a                    It is ordered, pursuant to Section 36
                                                  help the Commission exercise its                        national securities exchange. In                        of the Exchange Act,28 that the
                                                  oversight responsibilities with respect to              particular, the Commission notes that                   Applicant is exempt from the
                                                  national securities exchanges.                          the Applicant has represented that it                   requirements to: (1) Include in its Form
                                                  Specifically, Exhibit D is designed to                  would have no direct connection to the                  1 application the information required
                                                  provide the Commission with                             Foreign Indirect Affiliates, that the                   in Exhibits C and D to Form 1 with
                                                  information concerning the financial                    Foreign Indirect Affiliates would have                  respect to the Foreign Indirect Affiliates;
                                                  status of an exchange and its affiliates                no ability to influence the management                  and (2) with respect to the Foreign
                                                  and subsidiaries,23 and Exhibit C is                    or policies of the Applicant, and that the              Indirect Affiliates, update the
                                                  designed to provide the Commission                      Foreign Indirect Affiliates would have                  information in Exhibits C and D to Form
                                                  with the names and organizational                       no obligation to fund, or ability to                    1 as required by Exchange Act Rules 6a–
                                                  documents of these affiliates and                       materially affect the funding of, the                   2(a)(2), 6a–2(b)(1), and 6a–2(c) subject to
                                                  subsidiaries.24 Such information is                     Applicant. In addition, the Commission                  the following conditions:
                                                  designed to help the Commission                         notes that the Applicant has represented                   (i) The Applicant must provide a list
                                                  determine whether an applicant for                      that: (1) The Foreign Indirect Affiliates               of the names of the Foreign Indirect
                                                  exchange registration would have, and a                 have no ownership interest in the                       Affiliates;
                                                  national securities exchange continues                  Applicant or in any of the controlling                     (ii) the Applicant must provide an
                                                  to have, the ability to carry out its                   equity holders of the Applicant; and (2)                organizational chart setting forth the
                                                  obligations under the Exchange Act.                     there are no commercial dealings                        affiliation of the Foreign Indirect
                                                     Since the most recent amendments to                  between the Applicant and the Foreign                   Affiliates and the Foreign Direct
                                                  Form 1 in 1998,25 many national                         Indirect Affiliates.27                                  Affiliates and the Applicant; and
                                                  securities exchanges that previously                       Given the limited and indirect                          (iii) as part of Exhibit C to the
                                                  were member-owned organizations with                    relationship between the Applicant and                  Applicant’s Form 1 Application, the
                                                  few affiliated entities have                            the Foreign Indirect Affiliates, as                     Applicant must provide a description of
                                                  demutualized. Some of these                             described above, the Commission                         the nature of the affiliation between the
                                                  demutualized exchanges have                             believes that the detailed corporate and                Foreign Indirect Affiliates and the
                                                  consolidated under holding companies                    financial information required in                       Foreign Direct Affiliates and the
                                                  with numerous affiliates that, in some                  Exhibits C and D with respect to the                    Applicant.
                                                  cases, have only a limited and indirect                 Foreign Indirect Affiliates is                             In addition, the Applicant must
                                                  connection to the national securities                   unnecessary for the Commission’s                        provide amendments to the information
                                                  exchange, with no ability to influence                  review of the Applicant’s Form 1                        required under conditions (i) through
                                                  the management or policies of the                       application and would be unnecessary                    (iii) above on or before June 30th of each
                                                  registered exchange, and no obligation                  for the Commission’s oversight of the                   year.
                                                  to fund, or to materially affect the                    Applicant as a registered national
                                                  funding of, the registered exchange. The                securities exchange following any                         By the Commission.
                                                  Commission believes that, for these                     Commission approval of its Form 1                       Robert W. Errett,
                                                  affiliated entities, the information                    application.                                            Deputy Secretary.
                                                  required under Exhibits C and D would                      For the reasons discussed above, the                 [FR Doc. 2015–23106 Filed 9–14–15; 8:45 am]
                                                  have limited relevance to the                           Commission finds that the conditional                   BILLING CODE 8011–01–P
                                                  Commission’s review of an application                   exemptive relief requested by the
                                                  for exchange registration or to its                     Applicant is appropriate in the public
                                                  oversight of a registered exchange.                     interest and is consistent with the                     SECURITIES AND EXCHANGE
                                                     Based on the Applicant’s                             protection of investors.                                COMMISSION
                                                  representations, the indirect nature of                    The Commission may modify by order
                                                  the relationship between the Applicant                  the terms, scope or conditions of this                  [Release No. 34–75866; File No. SR–Phlx–
                                                  and the Foreign Indirect Affiliates, and                exemption if it determines that such                    2015–75]
                                                  the information that the Applicant will                 modification is necessary or appropriate                Self-Regulatory Organizations;
                                                  provide with respect to the Foreign                     in the public interest, or is consistent                NASDAQ OMX PHLX LLC; Notice of
                                                  Direct Affiliates and the Foreign Indirect              with the protection of investors.                       Filing and Immediate Effectiveness of
                                                  Affiliates, the Commission believes that                Furthermore, the Commission may                         Proposed Rule Change To Modify the
                                                  it will have sufficient information to                  limit, suspend, or revoke this exemption                Phlx Pricing Schedule
                                                  review the Applicant’s Form 1                           if it finds that the Applicant has failed
                                                  application and to make the                                                                                     September 9, 2015.
                                                  determinations required under Sections                    26 15 U.S.C. 78f(b) and 78s(a). Section 6(b) of the      Pursuant to Section 19(b)(1) of the
                                                  6(b) and 19(a) of the Exchange Act with                 Exchange Act enumerates certain determinations
                                                                                                          that the Commission must make with respect to an
                                                                                                                                                                  Securities Exchange Act of 1934
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          exchange before granting the registration of the        (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    22 15  U.S.C. 78f(b) and 78s(a).                      exchange as a national securities exchange. The         notice is hereby given that on August
                                                    23 See  Securities Exchange Act Release No. 18843     Commission will not grant an exchange registration      27, 2015, NASDAQ OMX PHLX LLC
                                                  (June 25, 1982), 47 FR 29259 (July 6, 1982)             as a national securities exchange unless the
                                                  (proposing amendments to Form 1); see also Form         Commission determines that the exchange meets
                                                                                                                                                                  (‘‘Phlx’’ or ‘‘Exchange’’) filed with the
                                                  1, 17 CFR 249.1, and supra Section II.A.                these requirements. See Regulation ATS Adopting
                                                     24 Form 1, 17 CFR 249.1. See also supra note 4.                                                                28 15 U.S.C. 78mm.
                                                                                                          Release, supra note 8, at Section IV.B.
                                                     25 See Regulation ATS Adopting Release, supra          27 See Exemption Request, supra note 3, at 3;           1 15 U.S.C. 78s(b)(1).
                                                  note 8, at Section IV.C.                                supra note 15.                                            2 17 CFR 240.19b–4.




                                             VerDate Sep<11>2014   19:04 Sep 14, 2015   Jkt 235001   PO 00000   Frm 00076   Fmt 4703   Sfmt 4703   E:\FR\FM\15SEN1.SGM      15SEN1


                                                  55398                       Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Notices

                                                  Securities and Exchange Commission                       Section I, entitled ‘‘Rebates and Fees for                 competitive with other options
                                                  (‘‘SEC’’ or ‘‘Commission’’) the proposed                 Adding and Removing Liquidity in                           exchanges.
                                                  rule change as described in Items I, II,                 SPY.’’ Currently, Section 1 provides that
                                                  and III, below, which Items have been                                                                               2. Statutory Basis
                                                                                                           no fees will be assessed and no rebates
                                                  prepared by the Exchange. The                            will be paid on transactions which                            The Exchange believes that its
                                                  Commission is publishing this notice to                  execute against an order for which the                     proposal to amend the Pricing Schedule
                                                  solicit comments on the proposed rule                    Exchange broadcast (sic) 5 an order                        is consistent with Section 6(b) of the
                                                  change from interested persons.                          exposure alert in SPY.6                                    Act 13 in general, and furthers the
                                                  I. Self-Regulatory Organization’s                           The Exchange now proposes to assess                     objectives of Section 6(b)(4) and (b)(5) of
                                                  Statement of the Terms of Substance of                   all market participants other than                         the Act 14 in particular, in that it
                                                  the Proposed Rule Change                                 Customers a fee of $0.15 per contract for                  provides for the equitable allocation of
                                                     The Exchange proposes to modify the                   such executions. Thus, the fee for such                    reasonable dues, fees and other charges
                                                  Phlx Pricing Schedule (‘‘Pricing                         executions will apply to transactions for                  among members and issuers and other
                                                  Schedule’’). Specifically, the Exchange                  the accounts of Specialists,7 Market                       persons using any facility or system
                                                  proposes to amend Section I, entitled                    Makers,8 Firms,9 Professionals,10                          which Phlx operates or controls, and is
                                                  ‘‘Rebates and Fees for Adding and                        Broker-Dealers 11 and JBOs 12                              not designed to permit unfair
                                                  Removing Liquidity in SPY’’ by                           (collectively, ‘‘Non-Customers’’). The                     discrimination between market
                                                  assessing all market participants other                  Exchange is adopting this fee at this                      participants to whom the Exchange’s
                                                  than Customers 3 a fee of $0.15 per                      time because it believes that the                          fees and rebates are applicable.
                                                  contract for executions against an order                 associated revenue will allow the                             The Exchange’s proposal is reasonable
                                                  for which the Exchange broadcasts an                     Exchange to enhance its services and                       because the proposed $0.15 fee is lower
                                                  order exposure alert in SPY.4                            that offering this service for free is no                  than the standard fee for removing
                                                     The text of the proposed rule change                  longer a required incentive to remain                      liquidity in SPY and lower than fees
                                                  is available on the Exchange’s Web site                                                                             assessed for similar activities at other
                                                  at http://                                                  5 The Exchange is correcting the word
                                                                                                                                                                      options exchanges. For example, the
                                                  nasdaqomxphlx.cchwallstreet.com/, at                     ‘‘broadcast’’ to read ‘‘broadcasts’’.
                                                                                                                                                                      Chicago Board Options Exchange
                                                                                                              6 Exchange Rule 1080(m) provides for the
                                                  the principal office of the Exchange, and                                                                           (‘‘CBOE’’) assesses fees ranging from
                                                                                                           broadcast of certain orders that are on the Phlx
                                                  at the Commission’s Public Reference                     Book. The Exchange broadcasts orders on the Phlx           $0.05 to $0.45 for executions in Equity
                                                  Room.                                                    Book by issuing order exposure alerts to all Phlx          and ETF Options, including SPY, and
                                                                                                           market participants that subscribe to certain data
                                                  II. Self-Regulatory Organization’s                       feeds. See Securities Exchange Act Release No.
                                                                                                                                                                      offers market makers a $0.05 rebate if
                                                  Statement of the Purpose of, and                         68517 (December 21, 2012), 77 FR 77134 (December           they meet certain quoting obligations for
                                                  Statutory Basis for, the Proposed Rule                   31, 2012) (SR-Phlx-2012–136). When it adopted the          executions in Hybrid Agency Liaison
                                                  Change                                                   current pricing schedule provision which now is            (‘‘HAL’’). The Exchange’s order
                                                                                                           proposed to be amended, the Exchange stated its
                                                     In its filing with the Commission, the                belief that not assessing fees (or paying a rebate)        exposure alert is similar to HAL and the
                                                  Exchange included statements                             when removing orders from the order book in SPY            proposed rate is within the range of fees
                                                                                                           where an order exposure alert was issued would             CBOE assesses for executions in HAL. It
                                                  concerning the purpose of and basis for                  incentivize market participants to remove liquidity
                                                  the proposed rule change and discussed                   from the Phlx Book. See Securities Exchange Act
                                                                                                                                                                      is also reasonable not to extend the new
                                                  any comments it received on the                          Release No. 69768 (June 14, 2013), 78 FR 37250             fee to Customer transactions because
                                                  proposed rule change. The text of these                  (June 20, 2013) (SR–Phlx–2013–61).                         Customer orders bring valuable liquidity
                                                  statements may be examined at the
                                                                                                              7 A Specialist is an Exchange member who is
                                                                                                                                                                      to the market which benefits other
                                                                                                           registered as an options specialist pursuant to Rule
                                                  places specified in Item IV below. The                   1020(a).
                                                                                                                                                                      market participants. Customer liquidity
                                                  Exchange has prepared summaries, set                        8 A ‘‘Market Maker’’ includes Registered Options        benefits all market participants by
                                                  forth in sections A, B, and C below, of                  Traders (Rule 1014(b)(i) and (ii)), which includes         providing more trading opportunities,
                                                  the most significant aspects of such                     Streaming Quote Traders (see Rule 1014(b)(ii)(A))          which attracts Specialists and Market
                                                                                                           and Remote Streaming Quote Traders (see Rule               Makers. An increase in the activity of
                                                  statements.                                              1014(b)(ii)(B)). Directed Participants are also market
                                                                                                           makers.                                                    these market participants in turn
                                                  A. Self-Regulatory Organization’s                           9 The term ‘‘Firm’’ applies to any transaction that     facilitates tighter spreads, which may
                                                  Statement of the Purpose of, and                         is identified by a member or member organization           cause an additional corresponding
                                                  Statutory Basis for, the Proposed Rule                   for clearing in the Firm range at OCC.                     increase in order flow from other market
                                                  Change                                                      10 The term ‘‘professional’’ means any person or

                                                                                                           entity that (i) is not a broker or dealer in securities,
                                                                                                                                                                      participants.
                                                  1. Purpose                                               and (ii) places more than 390 orders in listed                The Exchange’s proposal is equitable
                                                                                                           options per day on average during a calendar month
                                                     The purpose of this filing is to modify               for its own beneficial account(s). See Rule
                                                                                                                                                                      and not unfairly discriminatory because
                                                  the Pricing Schedule by amending                         1000(b)(14).                                               the Exchange will be assessing the same
                                                                                                              11 The term ‘‘Broker-Dealer’’ applies to any            new $0.15 fee on transactions by all
                                                     3 The term ‘‘Customer’’ applies to any transaction    transaction which is not subject to any of the other       market participants (except Customers)
                                                  that is identified by a member or member                 transaction fees applicable within a particular
                                                  organization for clearing in the Customer range at       category.
                                                                                                                                                                      in the same manner. As stated above,
                                                  The Options Clearing Corporation (‘‘OCC’’) which            12 The term ‘‘Joint Back Office’’ or ‘‘JBO’’ applies    Customer liquidity benefits all market
                                                  is not for the account of broker or dealer or for the    to any transaction that is identified by a member or       participants by providing more trading
                                                  account of a ‘‘professional’’ (as that term is defined   member organization for clearing in the Firm range         opportunities, which attracts Specialists
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                                                  in Rule 1000(b)(14)). The term ‘‘Non-Customer’’          at OCC and is identified with an origin code as a
                                                  applies to transactions for the accounts of
                                                                                                                                                                      and Market Makers. It is therefore
                                                                                                           JBO. A JBO will be priced the same as a Broker-
                                                  Specialists, Market Makers, Firms, Professionals,        Dealer. A JBO participant is a member, member              equitable and not unfairly
                                                  Broker-Dealers and JBOs.                                 organization or non-member organization that               discriminatory to not apply the new fee
                                                     4 Options overlying Standard and Poor’s               maintains a JBO arrangement with a clearing                to Customer transactions.
                                                  Depositary Receipts/SPDRs (‘‘SPY’’) are based on         broker-dealer (‘‘JBO Broker’’) subject to the
                                                  the SPDR exchange-traded fund (‘‘ETF’’), which is        requirements of Regulation T Section 220.7 of the
                                                                                                                                                                       13 15   U.S.C. 78f(b).
                                                  designed to track the performance of the S&P 500         Federal Reserve System as further discussed at
                                                  Index.                                                   Exchange Rule 703.                                          14 15   U.S.C. 78f(b)(4), (5).



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                                                                                Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Notices                                                55399

                                                  B. Self-Regulatory Organization’s                          If the Commission takes such action, the                For the Commission, by the Division of
                                                  Statement on Burden on Competition                         Commission shall institute proceedings                Trading and Markets, pursuant to delegated
                                                                                                             to determine whether the proposed rule                authority.16
                                                     The Exchange does not believe that
                                                                                                             should be approved or disapproved.                    Robert W. Errett,
                                                  the proposed rule change will impose
                                                  any burden on competition not                                                                                    Deputy Secretary.
                                                                                                             IV. Solicitation of Comments
                                                  necessary or appropriate in furtherance                                                                          [FR Doc. 2015–23094 Filed 9–14–15; 8:45 am]
                                                  of the purposes of the Act. The                              Interested persons are invited to                   BILLING CODE 8011–01–P
                                                  Exchange’s proposal to impose the new                      submit written data, views, and
                                                  $0.15 fee on executions other than                         arguments concerning the foregoing,
                                                  Customer executions does not misalign                      including whether the proposed rule                   SECURITIES AND EXCHANGE
                                                  the fees related to Customer as                            change is consistent with the Act.                    COMMISSION
                                                  compared to Non-Customer orders.                           Comments may be submitted by any of                   [Investment Company Act Release No.
                                                  Today, Customers have lower fees                           the following methods:                                31807; 812–13995]
                                                  because Customer liquidity benefits all                    Electronic Comments
                                                  market participants by providing more                                                                            TIAA–CREF Funds, et al.; Notice of
                                                  trading opportunities, which attracts                        • Use the Commission’s Internet                     Application
                                                  Specialists and Market Makers. An                          comment form (http://www.sec.gov/
                                                                                                                                                                   September 8, 2015.
                                                  increase in the activity of these market                   rules/sro.shtml); or
                                                                                                                                                                   AGENCY:    Securities and Exchange
                                                  participants in turn facilitates tighter                     • Send an email to rule-comments@                   Commission (‘‘Commission’’).
                                                  spreads, which may cause an additional                     sec.gov. Please include File Number SR–
                                                  corresponding increase in order flow                                                                             ACTION: Notice of application for an
                                                                                                             Phlx–2015–75 on the subject line.
                                                  from other market participants. The new                                                                          order under sections 6(c) and 17(b) of
                                                  fee does not impose any undue burden                       Paper Comments                                        the Investment Company Act of 1940
                                                  on competition as all market                                                                                     (‘‘Act’’) for exemptions from section
                                                                                                               • Send paper comments in triplicate                 17(a) of the Act, and under section 17(d)
                                                  participants, except Customers will be                     to Secretary, Securities and Exchange
                                                  assessed the same fee.                                                                                           of the Act and rule 17d–1 thereunder to
                                                                                                             Commission, 100 F Street NE.,                         permit certain joint transactions.
                                                     The Exchange operates in a highly                       Washington, DC 20549–1090.
                                                  competitive market, comprised of
                                                  twelve options exchanges, in which                         All submissions should refer to File                  SUMMARY OF APPLICATION:     Applicants
                                                  market participants can easily and                         Number SR–Phlx–2015–75. This file                     requests an order that would permit
                                                  readily direct order flow to competing                     number should be included on the                      certain registered management
                                                  venues if they deem fee levels at a                        subject line if email is used. To help the            investment companies or series thereof
                                                  particular venue to be excessive or                        Commission process and review your                    that are advised by Teachers Advisors,
                                                  rebates to be inadequate. Accordingly,                     comments more efficiently, please use                 Inc. (‘‘Advisors’’) to invest in a private
                                                  the fees that are assessed and the rebates                 only one method. The Commission will                  investment vehicle established by
                                                  paid by the Exchange, as described in                      post all comments on the Commission’s                 Advisors to invest directly in real estate.
                                                  the proposal, are influenced by these                      Internet Web site (http://www.sec.gov/                APPLICANTS: TIAA–CREF Funds (the
                                                  robust market forces and therefore must                    rules/sro.shtml). Copies of the                       ‘‘Trust’’), Advisors, TIAA–CREF Real
                                                  remain competitive with fees charged                       submission, all subsequent                            Property Fund LP (‘‘TCLP’’), TIAA–
                                                  and rebates paid by other venues and                       amendments, all written statements                    CREF Real Property Fund GP LLC
                                                  therefore must continue to be reasonable                   with respect to the proposed rule                     (‘‘TCGP’’), and TIAA–CREF Real
                                                  and equitably allocated to those                           change that are filed with the                        Property Fund REIT LLC (‘‘TC REIT’’).
                                                  members that opt to direct orders to the                   Commission, and all written                           FILING DATES: The application was filed
                                                  Exchange rather than competing venues.                     communications relating to the                        on January 4, 2012, and amended on
                                                                                                             proposed rule change between the                      June 25, 2012, December 3, 2012,
                                                  C. Self-Regulatory Organization’s
                                                                                                             Commission and any person, other than                 October 16, 2013, June 26, 2014, May 8,
                                                  Statement on Comments on the
                                                                                                             those that may be withheld from the                   2015, and September 4, 2015.
                                                  Proposed Rule Change Received From
                                                                                                             public in accordance with the                         HEARING OR NOTIFICATION OF HEARING: An
                                                  Members, Participants, or Others
                                                                                                             provisions of 5 U.S.C. 552, will be                   order granting the requested relief will
                                                    No written comments were either                          available for Web site viewing and
                                                  solicited or received.                                                                                           be issued unless the Commission orders
                                                                                                             printing in the Commission’s Public                   a hearing. Interested persons may
                                                  III. Date of Effectiveness of the                          Reference Room, 100 F Street NE.,                     request a hearing by writing to the
                                                  Proposed Rule Change and Timing for                        Washington, DC 20549, on official                     Commission’s Secretary and serving
                                                  Commission Action                                          business days between the hours of                    Applicants with a copy of the request,
                                                                                                             10:00 a.m. and 3:00 p.m. Copies of the                personally or by mail. Hearing requests
                                                     The foregoing rule change has become                    filing also will be available for
                                                  effective pursuant to Section                                                                                    should be received by the Commission
                                                                                                             inspection and copying at the principal               by 5:30 p.m. on October 5, 2015, and
                                                  19(b)(3)(A)(ii) of the Act.15
                                                                                                             office of the Exchange. All comments                  should be accompanied by proof of
                                                     At any time within 60 days of the
                                                  filing of the proposed rule change, the                    received will be posted without change;               service on Applicants, in the form of an
                                                  Commission summarily may                                   the Commission does not edit personal                 affidavit or, for lawyers, a certificate of
                                                                                                             identifying information from
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                                                  temporarily suspend such rule change if                                                                          service. Pursuant to rule 0–5 of the Act,
                                                  it appears to the Commission that such                     submissions. You should submit only                   hearing requests should state the nature
                                                  action is: (i) Necessary or appropriate in                 information that you wish to make                     of the writer’s interest, any facts bearing
                                                  the public interest; (ii) for the protection               available publicly.                                   upon the desirability of a hearing on the
                                                  of investors; or (iii) otherwise in                           All submissions should refer to File               matter, the reason for the request, and
                                                  furtherance of the purposes of the Act.                    Number SR–Phlx–2015–75 and should                     the issues contested. Persons who wish
                                                                                                             be submitted on or before October 6,
                                                    15 15   U.S.C. 78s(b)(3)(A)(ii).                         2015.                                                   16 17   CFR 200.30–3(a)(12).



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Document Created: 2015-12-15 10:09:10
Document Modified: 2015-12-15 10:09:10
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 55397 

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