80_FR_81839 80 FR 81589 - Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Adopt a Participant Fee

80 FR 81589 - Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Adopt a Participant Fee

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 250 (December 30, 2015)

Page Range81589-81590
FR Document2015-32813

Federal Register, Volume 80 Issue 250 (Wednesday, December 30, 2015)
[Federal Register Volume 80, Number 250 (Wednesday, December 30, 2015)]
[Notices]
[Pages 81589-81590]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32813]



[[Page 81589]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76754; File No. SR-BX-2015-083]


Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Adopt a 
Participant Fee

December 23, 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 December 17, 2015, NASDAQ OMX BX, Inc. (``BX'' 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 the Exchange's transaction fees to 
adopt a new Participant Fee at Chapter XV, entitled, ``Options 
Pricing,'' Section 10 entitled ``Participant Fee--Options.''
    The Exchange purposes [sic] to adopt a Participant Fee, applicable 
to BX Options Participants, to recoup costs incurred by the Exchange. 
The Exchange's Participant Fee is competitive with those of other 
options exchanges.\3\ While the amendment proposed herein is effective 
upon filing, the Exchange has designated the amendment [sic] become 
operative on January 4, 2016.
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    \3\ See note 14 below.
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    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqomxbx.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 Exchange proposes to adopt a Participant Fee, applicable to BX 
Options Participants, so the Exchange can allocate its costs to various 
options market participants. Today, the Exchange does not assess BX 
Options Participants a fee to access the options market. The Exchange 
proposes to assess all BX Options Participants a $500 per month 
Participant Fee. The NASDAQ Options Market LLC (``NOM'') initially 
assessed a Participant Fee in 2012 to its Options Participants.\4\ BX 
is a smaller market, as compared to NOM, and, to date, the Exchange 
determined not to assess BX members an Options Participant Fee. Now, 
the Exchange is proposing such a fee, which would be assessed as of 
January 4, 2016, to all BX Options Participants. The proposed 
Participant Fee is in addition to the trading rights fee of $1,000 per 
month to be an Exchange member.\5\
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    \4\ See Securities and Exchange Act Release No. 68502 (December 
20, 2012), 77 FR 76572 (December 28, 2012) (SR-NASDAQ-2012-139).
    \5\ See Exchange Rule 7001.
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    The Exchange believes this Participant Fee is competitive with fees 
at other options exchanges.\6\
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    \6\ See note 14 below.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \7\ in general, and furthers the objectives of Sections 
6(b)(4) and 6(b)(5) of the Act \8\ in particular, in that it provides 
for the equitable allocation of reasonable dues, fees and other charges 
among members and issuers and other persons using any facility or 
system which the Exchange operates or controls, and is not designed to 
permit unfair discrimination between customers, issuers, brokers, or 
dealers.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4) and (5).
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    The Commission and the courts have repeatedly expressed their 
preference for competition over regulatory intervention in determining 
prices, products, and services in the securities markets. In Regulation 
NMS, for example, the Commission indicated that market forces should 
generally determine the price of non-core market data because national 
market system regulation ``has been remarkably successful in promoting 
market competition in its broader forms that are most important to 
investors and listed companies.'' \9\ Likewise, in NetCoalition v. NYSE 
Arca, Inc.\10\ (``NetCoalition'') the D.C. Circuit upheld the 
Commission's use of a market-based approach in evaluating the fairness 
of market data fees against a challenge claiming that Congress mandated 
a cost-based approach.\11\ As the court emphasized, the Commission 
``intended in Regulation NMS that `market forces, rather than 
regulatory requirements' play a role in determining the market data . . 
. to be made available to investors and at what cost.'' \12\
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    \9\ Securities Exchange Act Release No. 51808 at 37499 (June 9, 
2005) (``Regulation NMS Adopting Release'').
    \10\ NetCoalition v. NYSE Arca, Inc., 615 F.3d 525 (D.C. Cir. 
2010).
    \11\ See NetCoalition, at 534.
    \12\ Id. at 537.
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    Further, ``[n]o one disputes that competition for order flow is 
`fierce.' . . . As the SEC explained, `[i]n the U.S. national market 
system, buyers and sellers of securities, and the broker-dealers that 
act as their order-routing agents, have a wide range of choices of 
where to route orders for execution'; [and] `no exchange can afford to 
take its market share percentages for granted' because `no exchange 
possesses a monopoly, regulatory or otherwise, in the execution of 
order flow from broker dealers'. . . .'' \13\ Although the court and 
the SEC were discussing the cash equities markets, the Exchange 
believes that these views apply with equal force to the options 
markets.
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    \13\ Id. at 539 (quoting ArcaBook Order, 73 FR at 74782-74783).
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    The Exchange's proposal to adopt a BX Options Participant Fee of 
$500 per month is reasonable because the Exchange is seeking to recoup 
costs related to membership administration. The proposed fee is lower 
than similar fees at other options exchanges.\14\ The

[[Page 81590]]

Exchange's proposal to adopt a BX Options Participant Fee of $500 is 
equitable and not unfairly discriminatory because the Participant Fee 
will be assessed uniformly to each BX Options Participant.
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    \14\ See The Chicago Board Options Exchange, Incorporated's Fees 
Schedule. Per month a Market Maker Trading Permit is $5,500, an SPX 
Tier Appointment is $3,000, a VIX Tier Appointment is $2,000, and an 
Electronic Access Permit is $1,600. See also the International 
Securities Exchange LLC's Schedule of Fees. Per month an Electronic 
Access Member is assessed $500.00 for membership and a market maker 
is assessed from $2,000 to $4,000 per membership depending on the 
type of market maker. See also C2 Options Exchange, Incorporated's 
Fees Schedule. Per month, a market-maker is assessed a $5,000 permit 
fee, an Electronic Access Permit is assessed a $1,000 permit fee. 
See also NYSE Arca, Inc.'s Fee Schedule. Per month, a Clearing Firm 
is assessed a $1,000 per month fee for the first Options Trading 
Permit (``OTP'') and $250 thereafter, and a market maker is assessed 
a permit based on the maximum number of OTPs held by an OTP Firm or 
OTP Holder during a calendar month ranging from $1,000 to $6,000 a 
month.
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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. In terms of inter-market 
competition, the Exchange notes that it operates in a highly 
competitive market in which market participants can readily favor 
competing venues if they deem fee levels at a particular venue to be 
excessive, or rebate opportunities available at other venues to be more 
favorable. In such an environment, the Exchange must continually adjust 
its fees to remain competitive with other exchanges and with 
alternative trading systems that have been exempted from compliance 
with the statutory standards applicable to exchanges. Because 
competitors are free to modify their own fees in response and because 
market participants may readily adjust their order routing practices, 
the Exchange believes that the degree to which fee changes in this 
market may impose any burden on competition is extremely limited.
    In terms of intra-market competition, the Exchange's proposal to 
adopt a BX Options Participant Fee of $500 per month does not impose an 
undue burden on competition because the Exchange would uniformly assess 
the same Participant Fee to each BX Options Participant. If the changes 
proposed herein are unattractive to market participants, it is likely 
that the Exchange will lose Participants. Accordingly, the Exchange 
does not believe that the proposed changes will impair the ability of 
members or competing order execution venues to maintain their 
competitive standing in the financial markets.

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).
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    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-BX-2015-083 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-BX-2015-083. 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 such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-BX-2015-083, and should be 
submitted on or before January 20, 2016.

    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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Brent J. Fields,
Secretary.
[FR Doc. 2015-32813 Filed 12-29-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Notices                                                  81589

                                                  SECURITIES AND EXCHANGE                                  Exchange has prepared summaries, set                  successful in promoting market
                                                  COMMISSION                                               forth in sections A, B, and C below, of               competition in its broader forms that are
                                                  [Release No. 34–76754; File No. SR–BX–                   the most significant aspects of such                  most important to investors and listed
                                                  2015–083]                                                statements.                                           companies.’’ 9 Likewise, in NetCoalition
                                                                                                           A. Self-Regulatory Organization’s                     v. NYSE Arca, Inc.10 (‘‘NetCoalition’’)
                                                  Self-Regulatory Organizations;                           Statement of the Purpose of, and                      the D.C. Circuit upheld the
                                                  NASDAQ OMX BX, Inc.; Notice of Filing                    Statutory Basis for, the Proposed Rule                Commission’s use of a market-based
                                                  and Immediate Effectiveness of                           Change                                                approach in evaluating the fairness of
                                                  Proposed Rule Change To Adopt a                                                                                market data fees against a challenge
                                                  Participant Fee                                          1. Purpose                                            claiming that Congress mandated a cost-
                                                  December 23, 2015.
                                                                                                              The Exchange proposes to adopt a                   based approach.11 As the court
                                                     Pursuant to Section 19(b)(1) of the                   Participant Fee, applicable to BX                     emphasized, the Commission ‘‘intended
                                                  Securities Exchange Act of 1934                          Options Participants, so the Exchange                 in Regulation NMS that ‘market forces,
                                                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2                  can allocate its costs to various options             rather than regulatory requirements’
                                                  notice is hereby given that on December                  market participants. Today, the                       play a role in determining the market
                                                  17, 2015, NASDAQ OMX BX, Inc. (‘‘BX’’                    Exchange does not assess BX Options                   data . . . to be made available to
                                                  or ‘‘Exchange’’) filed with the Securities               Participants a fee to access the options              investors and at what cost.’’ 12
                                                  and Exchange Commission (‘‘SEC’’ or                      market. The Exchange proposes to
                                                                                                                                                                    Further, ‘‘[n]o one disputes that
                                                  ‘‘Commission’’) the proposed rule                        assess all BX Options Participants a
                                                                                                                                                                 competition for order flow is ‘fierce.’
                                                  change as described in Items I, II, and                  $500 per month Participant Fee. The
                                                                                                                                                                 . . . As the SEC explained, ‘[i]n the U.S.
                                                  III below, which Items have been                         NASDAQ Options Market LLC (‘‘NOM’’)
                                                                                                           initially assessed a Participant Fee in               national market system, buyers and
                                                  prepared by the Exchange. The                                                                                  sellers of securities, and the broker-
                                                  Commission is publishing this notice to                  2012 to its Options Participants.4 BX is
                                                                                                           a smaller market, as compared to NOM,                 dealers that act as their order-routing
                                                  solicit comments on the proposed rule                                                                          agents, have a wide range of choices of
                                                  change from interested persons.                          and, to date, the Exchange determined
                                                                                                           not to assess BX members an Options                   where to route orders for execution’;
                                                  I. Self-Regulatory Organization’s                        Participant Fee. Now, the Exchange is                 [and] ‘no exchange can afford to take its
                                                  Statement of the Terms of Substance of                   proposing such a fee, which would be                  market share percentages for granted’
                                                  the Proposed Rule Change                                 assessed as of January 4, 2016, to all BX             because ‘no exchange possesses a
                                                     The Exchange proposes to amend the                    Options Participants. The proposed                    monopoly, regulatory or otherwise, in
                                                  Exchange’s transaction fees to adopt a                   Participant Fee is in addition to the                 the execution of order flow from broker
                                                  new Participant Fee at Chapter XV,                       trading rights fee of $1,000 per month to             dealers’. . . .’’ 13 Although the court and
                                                  entitled, ‘‘Options Pricing,’’ Section 10                be an Exchange member.5                               the SEC were discussing the cash
                                                  entitled ‘‘Participant Fee—Options.’’                       The Exchange believes this                         equities markets, the Exchange believes
                                                     The Exchange purposes [sic] to adopt                  Participant Fee is competitive with fees              that these views apply with equal force
                                                  a Participant Fee, applicable to BX                      at other options exchanges.6                          to the options markets.
                                                  Options Participants, to recoup costs                    2. Statutory Basis                                       The Exchange’s proposal to adopt a
                                                  incurred by the Exchange. The                                                                                  BX Options Participant Fee of $500 per
                                                                                                              The Exchange believes that its
                                                  Exchange’s Participant Fee is                                                                                  month is reasonable because the
                                                                                                           proposal is consistent with Section 6(b)
                                                  competitive with those of other options                                                                        Exchange is seeking to recoup costs
                                                                                                           of the Act 7 in general, and furthers the
                                                  exchanges.3 While the amendment                                                                                related to membership administration.
                                                                                                           objectives of Sections 6(b)(4) and 6(b)(5)
                                                  proposed herein is effective upon filing,                                                                      The proposed fee is lower than similar
                                                                                                           of the Act 8 in particular, in that it
                                                  the Exchange has designated the                                                                                fees at other options exchanges.14 The
                                                                                                           provides for the equitable allocation of
                                                  amendment [sic] become operative on
                                                                                                           reasonable dues, fees and other charges
                                                  January 4, 2016.                                                                                                 9 Securities Exchange Act Release No. 51808 at

                                                     The text of the proposed rule change                  among members and issuers and other                   37499 (June 9, 2005) (‘‘Regulation NMS Adopting
                                                  is available on the Exchange’s Web site                  persons using any facility or system                  Release’’).
                                                  at http://                                               which the Exchange operates or                          10 NetCoalition v. NYSE Arca, Inc., 615 F.3d 525

                                                                                                           controls, and is not designed to permit               (D.C. Cir. 2010).
                                                  nasdaqomxbx.cchwallstreet.com/, at the                                                                           11 See NetCoalition, at 534.

                                                  principal office of the Exchange, and at                 unfair discrimination between                           12 Id. at 537.

                                                  the Commission’s Public Reference                        customers, issuers, brokers, or dealers.                13 Id. at 539 (quoting ArcaBook Order, 73 FR at
                                                                                                              The Commission and the courts have
                                                  Room.                                                                                                          74782–74783).
                                                                                                           repeatedly expressed their preference                   14 See The Chicago Board Options Exchange,

                                                  II. Self-Regulatory Organization’s                       for competition over regulatory                       Incorporated’s Fees Schedule. Per month a Market
                                                  Statement of the Purpose of, and                         intervention in determining prices,                   Maker Trading Permit is $5,500, an SPX Tier
                                                  Statutory Basis for, the Proposed Rule                   products, and services in the securities              Appointment is $3,000, a VIX Tier Appointment is
                                                                                                                                                                 $2,000, and an Electronic Access Permit is $1,600.
                                                  Change                                                   markets. In Regulation NMS, for                       See also the International Securities Exchange
                                                     In its filing with the Commission, the                example, the Commission indicated that                LLC’s Schedule of Fees. Per month an Electronic
                                                                                                           market forces should generally                        Access Member is assessed $500.00 for membership
                                                  Exchange included statements                                                                                   and a market maker is assessed from $2,000 to
                                                  concerning the purpose of and basis for                  determine the price of non-core market                $4,000 per membership depending on the type of
                                                  the proposed rule change and discussed                   data because national market system                   market maker. See also C2 Options Exchange,
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                                                  any comments it received on the                          regulation ‘‘has been remarkably                      Incorporated’s Fees Schedule. Per month, a market-
                                                                                                                                                                 maker is assessed a $5,000 permit fee, an Electronic
                                                  proposed rule change. The text of these                    4 See Securities and Exchange Act Release No.       Access Permit is assessed a $1,000 permit fee. See
                                                  statements may be examined at the                        68502 (December 20, 2012), 77 FR 76572 (December
                                                                                                                                                                 also NYSE Arca, Inc.’s Fee Schedule. Per month, a
                                                  places specified in Item IV below. The                                                                         Clearing Firm is assessed a $1,000 per month fee
                                                                                                           28, 2012) (SR–NASDAQ–2012–139).
                                                                                                             5 See Exchange Rule 7001.
                                                                                                                                                                 for the first Options Trading Permit (‘‘OTP’’) and
                                                                                                                                                                 $250 thereafter, and a market maker is assessed a
                                                    1 15 U.S.C. 78s(b)(1).                                   6 See note 14 below.
                                                                                                                                                                 permit based on the maximum number of OTPs
                                                    2 17 CFR 240.19b–4.                                      7 15 U.S.C. 78f(b).
                                                                                                                                                                 held by an OTP Firm or OTP Holder during a
                                                    3 See note 14 below.                                     8 15 U.S.C. 78f(b)(4) and (5).                                                                 Continued




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                                                  81590                    Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Notices

                                                  Exchange’s proposal to adopt a BX                       III. Date of Effectiveness of the                        Washington, DC 20549 on official
                                                  Options Participant Fee of $500 is                      Proposed Rule Change and Timing for                      business days between the hours of
                                                  equitable and not unfairly                              Commission Action                                        10:00 a.m. and 3:00 p.m. Copies of such
                                                  discriminatory because the Participant                     The foregoing rule change has become                  filing also will be available for
                                                  Fee will be assessed uniformly to each                  effective pursuant to Section                            inspection and copying at the principal
                                                  BX Options Participant.                                 19(b)(3)(A)(ii) of the Act.15                            office of the Exchange. All comments
                                                                                                             At any time within 60 days of the                     received will be posted without change;
                                                  B. Self-Regulatory Organization’s                                                                                the Commission does not edit personal
                                                                                                          filing of the proposed rule change, the
                                                  Statement on Burden on Competition                                                                               identifying information from
                                                                                                          Commission summarily may
                                                                                                          temporarily suspend such rule change if                  submissions. You should submit only
                                                     The Exchange does not believe that                                                                            information that you wish to make
                                                  the proposed rule change will impose                    it appears to the Commission that such
                                                                                                          action is: (i) Necessary or appropriate in               available publicly. All submissions
                                                  any burden on competition not                                                                                    should refer to File Number SR–BX–
                                                  necessary or appropriate in furtherance                 the public interest; (ii) for the protection
                                                                                                                                                                   2015–083, and should be submitted on
                                                  of the purposes of the Act. In terms of                 of investors; or (iii) otherwise in
                                                                                                                                                                   or before January 20, 2016.
                                                  inter-market competition, the Exchange                  furtherance of the purposes of the Act.
                                                                                                          If the Commission takes such action, the                   For the Commission, by the Division of
                                                  notes that it operates in a highly                                                                               Trading and Markets, pursuant to delegated
                                                                                                          Commission shall institute proceedings
                                                  competitive market in which market                                                                               authority.16
                                                                                                          to determine whether the proposed rule
                                                  participants can readily favor competing                                                                         Brent J. Fields,
                                                                                                          should be approved or disapproved.
                                                  venues if they deem fee levels at a                                                                              Secretary.
                                                  particular venue to be excessive, or                    IV. Solicitation of Comments                             [FR Doc. 2015–32813 Filed 12–29–15; 8:45 am]
                                                  rebate opportunities available at other                   Interested persons are invited to                      BILLING CODE 8011–01–P
                                                  venues to be more favorable. In such an                 submit written data, views, and
                                                  environment, the Exchange must                          arguments concerning the foregoing,
                                                  continually adjust its fees to remain                   including whether the proposed rule                      SECURITIES AND EXCHANGE
                                                  competitive with other exchanges and                    change is consistent with the Act.                       COMMISSION
                                                  with alternative trading systems that                   Comments may be submitted by any of                      [Release No. 34–76757; File No. SR–FINRA–
                                                  have been exempted from compliance                      the following methods:                                   2015–057]
                                                  with the statutory standards applicable                 Electronic Comments
                                                  to exchanges. Because competitors are                                                                            Self-Regulatory Organizations;
                                                  free to modify their own fees in                          • Use the Commission’s Internet                        Financial Industry Regulatory
                                                  response and because market                             comment form (http://www.sec.gov/                        Authority, Inc.; Notice of Filing of a
                                                  participants may readily adjust their                   rules/sro.shtml); or                                     Proposed Rule Change To Adopt
                                                                                                            • Send an email to rule-comments@                      FINRA Rule 2273 (Educational
                                                  order routing practices, the Exchange
                                                                                                          sec.gov. Please include File Number SR–                  Communication Related to
                                                  believes that the degree to which fee
                                                                                                          BX–2015–083 on the subject line.                         Recruitment Practices and Account
                                                  changes in this market may impose any
                                                                                                          Paper Comments                                           Transfers)
                                                  burden on competition is extremely
                                                  limited.                                                  • Send paper comments in triplicate                    December 23, 2015.
                                                     In terms of intra-market competition,                to Secretary, Securities and Exchange                       Pursuant to Section 19(b)(1) of the
                                                  the Exchange’s proposal to adopt a BX                   Commission, 100 F Street NE.,                            Securities Exchange Act of 1934
                                                  Options Participant Fee of $500 per                     Washington, DC 20549–1090.                               (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                                  month does not impose an undue                                                                                   notice is hereby given that on December
                                                                                                          All submissions should refer to File                     16, 2015, Financial Industry Regulatory
                                                  burden on competition because the                       Number SR–BX–2015–083. This file                         Authority, Inc. (‘‘FINRA’’) filed with the
                                                  Exchange would uniformly assess the                     number should be included on the                         Securities and Exchange Commission
                                                  same Participant Fee to each BX                         subject line if email is used. To help the               (‘‘SEC’’ or ‘‘Commission’’) the proposed
                                                  Options Participant. If the changes                     Commission process and review your                       rule change as described in Items I, II,
                                                  proposed herein are unattractive to                     comments more efficiently, please use                    and III below, which Items have been
                                                  market participants, it is likely that the              only one method. The Commission will                     substantially prepared by FINRA. The
                                                  Exchange will lose Participants.                        post all comments on the Commission’s                    Commission is publishing this notice to
                                                  Accordingly, the Exchange does not                      Internet Web site (http://www.sec.gov/                   solicit comments on the proposed rule
                                                  believe that the proposed changes will                  rules/sro.shtml). Copies of the                          change from interested persons.
                                                  impair the ability of members or                        submission, all subsequent
                                                  competing order execution venues to                     amendments, all written statements                       I. Self-Regulatory Organization’s
                                                  maintain their competitive standing in                  with respect to the proposed rule                        Statement of the Terms of Substance of
                                                                                                          change that are filed with the                           the Proposed Rule Change
                                                  the financial markets.
                                                                                                          Commission, and all written                                 FINRA is proposing to adopt FINRA
                                                  C. Self-Regulatory Organization’s                       communications relating to the                           Rule 2273, which would establish an
                                                  Statement on Comments on the                            proposed rule change between the                         obligation for a member to deliver an
                                                  Proposed Rule Change Received From                      Commission and any person, other than                    educational communication in
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Members, Participants, or Others                        those that may be withheld from the                      connection with member recruitment
                                                                                                          public in accordance with the                            practices and account transfers. The text
                                                    No written comments were either                       provisions of 5 U.S.C. 552, will be                      of the proposed rule change is available
                                                  solicited or received.                                  available for Web site viewing and                       on FINRA’s Web site at http://
                                                                                                          printing in the Commission’s Public
                                                                                                          Reference Room, 100 F Street NE.,                          16 17 CFR 200.30–3(a)(12).
                                                  calendar month ranging from $1,000 to $6,000 a                                                                     1 15 U.S.C. 78s(b)(1).
                                                  month.                                                    15 15   U.S.C. 78s(b)(3)(A)(ii).                         2 17 CFR 240.19b–4.




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Document Created: 2015-12-30 03:16:18
Document Modified: 2015-12-30 03:16:18
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 81589 

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