80 FR 9807 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchange's Pricing Schedule Under Section VIII With Respect to Execution and Routing of Orders in Securities Priced at $1 or More per Share
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 80, Issue 36 (February 24, 2015)
Federal Register Volume 80, Issue 36 (February 24, 2015)
| Page Range | 9807-9809 | |
| FR Document | 2015-03663 |
[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)] [Notices] [Pages 9807-9809] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03663] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-74292; File No. SR-Phlx-2015-14] Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchange's Pricing Schedule Under Section VIII With Respect to Execution and Routing of Orders in Securities Priced at $1 or More per Share February 18, 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 February 3, 2015, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'') filed with the Securities and Exchange Commission (``SEC'' or ``Commission'') the proposed rule change as described in Items I, II, and III, below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend the Exchange's Pricing Schedule under Section VIII, entitled ``NASDAQ OMX PSX FEES,'' with respect to execution and routing of orders in securities priced at $1 or more per share. 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. [[Page 9808]] II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposed rule change is to amend certain fees for order execution and routing applicable to the use of the order execution and routing services of the NASDAQ OMX PSX System (``PSX'') by member organizations for all securities traded at $1 or more per share, as well as clarify that consolidated volume does not include the date of the annual reconstitution of the Russell Investments Indexes. Specifically, the charge to a member organization entering an order that executes in PSX will increase from: (i) $0.0024 to $0.0026 per share executed for shares executed in The NASDAQ Stock Market LLC (``Nasdaq'')-listed securities; (ii) $0.0024 to $0.0025 per share executed for shares executed in New York Stock Exchange (``NYSE'')- listed securities; and (iii) $0.0024 to $0.0026 per share executed for shares in securities listed on exchanges other than Nasdaq or NYSE. The Exchange believes that these increases better reflect the costs in providing rebates to members. Additionally, the Exchange proposes to clarify that for purposes of calculating consolidated volume and the extent of a member's trading activity, expressed as a percentage of, or ratio to, consolidated volume, the date of the annual reconstitution of the Russell Investments Indexes (``Russell Reconstitution'') will be excluded from both total consolidated volume and the member's trading activity. This change is consistent with the practices of both Nasdaq and the NASDAQ OMX BX, Inc. (``BX'') exchanges. Also, the Exchange proposes to make a few clarifications in the Exchange's Pricing Schedule. Specifically, in section (a)(2) of ``Order Execution and Routing in All Securities'' under ``VIII. NASDAQ OMX PSX FEES'', the Exchange proposes to replace the word ``None'' with ``$0.0000 per share executed at NASDAQ OMX BX''. The Exchange believes this proposed change will serve to enhance market participant's understanding that there is no charge for shares executed at BX and reduce any possible confusion in these instances. Additionally, in this same section for both XDRK and XCST orders, the first column will clarify that the amounts in the accompanying column are charges for executions on a venue other than the NASDAQ OMX PSX System, rather than the current practice of simply indicating that they are a ``charge or credit'' to a member organization entering such orders. Finally, the description of the charge to members entering an XDRK order is changed to ``$0.0007 per share executed''; and the reference to ``shares executed at a venue other than NASDAQ OMX BX'' is deleted since an XDRK order cannot execute at BX. These clarifications are all intended to reduce confusion and make the fee schedule easier to understand. 2. Statutory Basis The Exchange believes that its proposal to amend its Pricing Schedule is consistent with Section 6(b) of the Act \3\ in general, and furthers the objectives of Sections 6(b)(4) and (b)(5) of the Act \4\ in particular, in that it is an equitable allocation of reasonable fees and other charges among Exchange members and other persons using its facilities, and it does not unfairly discriminate between customers, issuers, brokers or dealers. --------------------------------------------------------------------------- \3\ 15 U.S.C. 78f(b). \4\ 15 U.S.C. 78f(b)(4) and (5). --------------------------------------------------------------------------- The Exchange is proposing modest increases to the charges that a member organization entering an order that executes in PSX from: (i) $0.0024 to $0.0026 per share executed for shares executed in Nasdaq- listed securities; (ii) $0.0024 to $0.0025 per share executed for shares executed in NYSE-listed securities; and (iii) $0.0024 to $0.0026 per share executed for shares in securities listed on exchanges other than Nasdaq or NYSE. The Exchange believes that these modest increases are reasonable because they reflect the Exchange's need to adjust its credits and fees in response to the costs and benefits provided by the Exchange. Additionally, these modest increases are reasonable since by staggering increases, the Exchange is able to offer reduced rates in some tapes while balancing the need to fund rebates and operational costs. The Exchange believes that the proposed changes are consistent with an equitable allocation of fees and are not unfairly discriminatory because they apply to all member organizations that enter orders that execute in PSX. The Exchange also believes that they are consistent with equitable allocation of fees and are not unfairly discriminatory because they apply to all member organizations that enter orders that execute in PSX. The Exchange is also proposing to clarify that for purposes of calculating consolidated volume and the extent of a member's trading activity, expressed as a percentage of, or ratio to, consolidated volume, the date of the Russell Reconstitution will be excluded from both total consolidated volume and the member's trading activity. The Exchange believes that this clarification is reasonable because it is consistent with the practices at both Nasdaq and the BX exchanges and will reduce confusion concerning the Russell Reconstitution. The Exchange believes that the proposed changes are consistent with an equitable allocation of fees and are not unfairly discriminatory because trading volumes on the date of the Russell Reconstitution are generally far in excess of volumes on other days during the month. As a result, the trading activity of members that are regular daily participants in PSX, expressed as a percentage of consolidated volume, is likely to be lower than their percentage of consolidated volume on other days during the month. Therefore, including the date of the Russell Reconstitution in calculations of consolidated volume would likely make it more difficult for members to achieve particular volume levels during the month. Accordingly, excluding the date of the Russell Reconstitution from these calculations will diminish the likelihood of a de facto price increase from occurring because a member is not able to reach a volume percentage on that date that it typically reaches on other trading days during the month. Moreover, excluding the date is very unlikely to result in a price increase for any members, since a member that was not, on other days during the month, trading in PSX at volume levels that would allow it to qualify for rebate tiers, would be unlikely to achieve percentage volume levels on the date of the Russell Reconstitution that would increase its overall monthly percentage to the required levels, even if it was very active on that date. Finally, the Exchange believes that the remaining changes to the Pricing Schedule are reasonable because they [[Page 9809]] are intended to clarify and reduce confusion through the clarification as to what is a charge or credit, the clarification that there is no charge for certain orders executed at BX, as well as to clarify through the removal of unnecessary language that may add confusion to the Pricing Schedule. The Exchange also believes that these changes are consistent with an equitable allocation of fees and are not unfairly discriminatory because they do not impact fees and serve only to clarify and reduce possible confusion. 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, as amended.\5\ 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 this instance, the modest increases to the charges assessed are intended to allow the Exchange to help offset its costs in providing rebates to members. Because there are numerous competitive alternatives to PSX, it is likely the Exchange would lose market share and money as a result of changes if they do not reflect costs. --------------------------------------------------------------------------- \5\ 15 U.S.C. 78f(b)(8). --------------------------------------------------------------------------- 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 Pursuant to Section 19(b)(3)(A)(ii) of the Act,\6\ the Exchange has designated this proposal as establishing or changing a due, fee, or other charge imposed by the self-regulatory organization on any person, whether or not the person is a member of the self-regulatory organization, which renders the proposed rule change effective upon filing. --------------------------------------------------------------------------- \6\ 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 necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved. 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 CommentsUse 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-2015-14 on the subject line. Paper Comments Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-Phlx-2015-14. 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 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 offices 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-2015-14, and should be submitted on or before March 17, 2015. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\7\ --------------------------------------------------------------------------- \7\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Brent J. Fields, Secretary. [FR Doc. 2015-03663 Filed 2-23-15; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Notices 9807
6(b)(1) and 6(b)(6) of the Act 11 which as the Commission may designate, it has received will be posted without change;
require that the rules of an exchange become effective pursuant to Section the Commission does not edit personal
enforce compliance with, and provide 19(b)(3)(A) of the Act 12 and paragraph identifying information from
appropriate discipline for, violations of of Rule 19b–4(f)(6) thereunder.13 submissions. You should submit only
the Commission and Exchange rules. At any time within 60 days of the information that you wish to make
The Exchange also believes that the filing of the proposed rule change, the available publicly. All submissions
proposal is consistent with the public Commission summarily may should refer to File No. SR–BATS–
interest, the protection of investors, or temporarily suspend such rule change if 2015–12 and should be submitted on or
otherwise in furtherance of the purposes it appears to the Commission that such before March 17, 2015.
of the Act because the proposal helps to action is necessary or appropriate in the For the Commission, by the Division of
strengthen the Exchange’s ability to public interest, for the protection of Trading and Markets, pursuant to delegated
carry out its oversight and enforcement investors, or otherwise in furtherance of authority.14
responsibilities as a self-regulatory the purposes of the Act. Brent J. Fields,
organization in cases where full Secretary.
IV. Solicitation of Comments
disciplinary proceedings are unsuitable
Interested persons are invited to [FR Doc. 2015–03664 Filed 2–23–15; 8:45 am]
in view of the minor nature of a
particular violation. submit written data, views and BILLING CODE 8011–01–P
Finally, the Exchange believes that arguments concerning the foregoing,
the non-substantive changes discussed including whether the proposal is
consistent with the Act. Comments may SECURITIES AND EXCHANGE
above will contribute to the protection
be submitted by any of the following COMMISSION
of investors and the public interest by
helping to avoid confusion with respect methods: [Release No. 34–74292; File No. SR–Phlx–
to Exchange rules. Electronic Comments 2015–14]
B. Self-Regulatory Organization’s • Use the Commission’s Internet Self-Regulatory Organizations;
Statement on Burden on Competition comment form (http://www.sec.gov/ NASDAQ OMX PHLX LLC; Notice of
The Exchange does not believe that rules/sro.shtml); or Filing and Immediate Effectiveness of
the proposed rule change will impose • Send an email to rule-comments@ Proposed Rule Change To Amend the
any burden on competition not sec.gov. Please include File No. SR– Exchange’s Pricing Schedule Under
necessary or appropriate in furtherance BATS–2015–12 on the subject line. Section VIII With Respect to Execution
of the purposes of the act. To the Paper Comments and Routing of Orders in Securities
contrary, allowing the Exchange to Priced at $1 or More per Share
implement substantively identical rules • Send paper comments in triplicate
related to the imposition of fines for to Brent J. Fields, Secretary, Securities February 18, 2015.
minor violations of rules across each of and Exchange Commission, 100 F Street Pursuant to Section 19(b)(1) of the
the BGM Affiliated Exchanges does not NE., Washington, DC 20549–1090. Securities Exchange Act of 1934
present any competitive issues, but All submissions should refer to File No. (‘‘Act’’),1 and Rule 19b–4 thereunder,2
rather is designed to provide greater SR–BATS–2015–12. This file number notice is hereby given that on February
harmonization among Exchange, BYX, should be included on the subject line 3, 2015, NASDAQ OMX PHLX LLC
EDGA, and EDGX rules of similar if email is used. To help the (‘‘Phlx’’ or ‘‘Exchange’’) filed with the
purpose, resulting in less burdensome Commission process and review your Securities and Exchange Commission
and more efficient regulatory comments more efficiently, please use (‘‘SEC’’ or ‘‘Commission’’) the proposed
compliance for common members of the only one method. The Commission will rule change as described in Items I, II,
BGM Affiliated Exchanges and an post all comments on the Commission’s and III, below, which Items have been
enhanced ability of the BGM Affiliated Internet Web site (http://www.sec.gov/ prepared by the Exchange. The
Exchanges to fairly and efficiently rules/sro.shtml). Copies of the Commission is publishing this notice to
regulate members, which will further submission, all subsequent solicit comments on the proposed rule
enhance competition. amendments, all written statements change from interested persons.
with respect to the proposed rule
C. Self-Regulatory Organization’s change that are filed with the I. Self-Regulatory Organization’s
Statement on Comments on the Commission, and all written Statement of the Terms of Substance of
Proposed Rule Change Received From communications relating to the the Proposed Rule Change
Members, Participants or Others proposed rule change between the The Exchange proposes to amend the
The Exchange has neither solicited Commission and any person, other than Exchange’s Pricing Schedule under
nor received written comments on the those that may be withheld from the Section VIII, entitled ‘‘NASDAQ OMX
proposed rule change. public in accordance with the PSX FEES,’’ with respect to execution
provisions of 5 U.S.C. 552, will be and routing of orders in securities
III. Date of Effectiveness of the available for Web site viewing and priced at $1 or more per share.
Proposed Rule Change and Timing for printing in the Commission’s Public The text of the proposed rule change
Commission Action Reference Room, 100 F Street NE., is available on the Exchange’s Web site
Because the foregoing proposed rule Washington, DC 20549, on official at http://
change does not: (i) Significantly affect business days between the hours of nasdaqomxphlx.cchwallstreet.com/, at
tkelley on DSK3SPTVN1PROD with NOTICES
the protection of investors or the public 10:00 a.m. and 3:00 p.m. Copies of such the principal office of the Exchange, and
interest; (ii) impose any significant filing will also be available for at the Commission’s Public Reference
burden on competition; and (iii) become inspection and copying at the principal Room.
operative for 30 days from the date on office of the Exchange. All comments
which it was filed, or such shorter time 14 17 CFR 200.30–3(a)(12).
12 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1).
11 15 U.S.C. 78f(b)(1) and 78f(b)(6). 13 17 CFR 240.19b–4. 2 17 CFR 240.19b–4.
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![Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Notices 9809
are intended to clarify and reduce a due, fee, or other charge imposed by will be available for inspection and
confusion through the clarification as to the self-regulatory organization on any copying at the principal offices of the
what is a charge or credit, the person, whether or not the person is a Exchange. All comments received will
clarification that there is no charge for member of the self-regulatory be posted without change; the
certain orders executed at BX, as well as organization, which renders the Commission does not edit personal
to clarify through the removal of proposed rule change effective upon identifying information from
unnecessary language that may add filing. submissions. You should submit only
confusion to the Pricing Schedule. The At any time within 60 days of the information that you wish to make
Exchange also believes that these filing of the proposed rule change, the available publicly. All submissions
changes are consistent with an equitable Commission summarily may should refer to File Number SR–Phlx–
allocation of fees and are not unfairly temporarily suspend such rule change if 2015–14, and should be submitted on or
discriminatory because they do not it appears to the Commission that such before March 17, 2015.
impact fees and serve only to clarify and action is necessary or appropriate in the For the Commission, by the Division of
reduce possible confusion. public interest, for the protection of Trading and Markets, pursuant to delegated
investors, or otherwise in furtherance of authority.7
B. Self-Regulatory Organization’s the purposes of the Act. If the
Statement on Burden on Competition Brent J. Fields,
Commission takes such action, the Secretary.
The Exchange does not believe that Commission shall institute proceedings [FR Doc. 2015–03663 Filed 2–23–15; 8:45 am]
the proposed rule change will impose to determine whether the proposed rule
BILLING CODE 8011–01–P
any burden on competition not should be approved or disapproved.
necessary or appropriate in furtherance
of the purposes of the Act, as amended.5 IV. Solicitation of Comments
SECURITIES AND EXCHANGE
The Exchange notes that it operates in Interested persons are invited to
COMMISSION
a highly competitive market in which submit written data, views, and
market participants can readily favor arguments concerning the foregoing, [Release No. 34–74283; File No. SR–EDGA–
competing venues if they deem fee including whether the proposed rule 2015–09]
levels at a particular venue to be change is consistent with the Act.
Comments may be submitted by any of Self-Regulatory Organizations; EDGA
excessive, or rebate opportunities
the following methods: Exchange, Inc.; Notice of Filing and
available at other venues to be more
Immediate Effectiveness of a Proposed
favorable. In such an environment, the Electronic Comments Rule Change To Establish Fees for
Exchange must continually adjust its
fees to remain competitive with other • Use the Commission’s Internet EDGA Top, EDGA Last Sale, and the
comment form (http://www.sec.gov/ BATS One Feed
exchanges and with alternative trading
systems that have been exempted from rules/sro.shtml); or February 18, 2015.
compliance with the statutory standards • Send an email to rule-comments@
Pursuant to Section 19(b)(1) of the
applicable to exchanges. Because sec.gov. Please include File Number SR–
Securities Exchange Act of 1934 (the
competitors are free to modify their own Phlx–2015–14 on the subject line.
‘‘Act’’),1 and Rule 19b–4 thereunder,2
fees in response, and because market Paper Comments notice is hereby given that on February
participants may readily adjust their • Send paper comments in triplicate 3, 2015, EDGA Exchange, Inc. (‘‘EDGA’’
order routing practices, the Exchange to Brent J. Fields, Secretary, Securities or the ‘‘Exchange’’) filed with the
believes that the degree to which fee and Exchange Commission, 100 F Street Securities and Exchange Commission
changes in this market may impose any NE., Washington, DC 20549–1090. (‘‘Commission’’) the proposed rule
burden on competition is extremely change as described in Items I and II
All submissions should refer to File
limited. In this instance, the modest below, which Items have been prepared
Number SR–Phlx–2015–14. This file
increases to the charges assessed are by the Exchange. The Exchange has
number should be included on the
intended to allow the Exchange to help designated the proposed rule change as
subject line if email is used.
offset its costs in providing rebates to To help the Commission process and one establishing or changing a member
members. Because there are numerous review your comments more efficiently, due, fee, or other charge imposed by the
competitive alternatives to PSX, it is please use only one method. The Exchange under Section 19(b)(3)(A)(ii)
likely the Exchange would lose market Commission will post all comments on of the Act 3 and Rule 19b–4(f)(2)
share and money as a result of changes the Commission’s Internet Web site thereunder,4 which renders the
if they do not reflect costs. (http://www.sec.gov/rules/sro.shtml). proposed rule change effective upon
C. Self-Regulatory Organization’s Copies of the submission, all subsequent filing with the Commission. The
Statement on Comments on the amendments, all written statements Commission is publishing this notice to
Proposed Rule Change Received From with respect to the proposed rule solicit comments on the proposed rule
Members, Participants, or Others change that are filed with the change from interested persons.
No written comments were either Commission, and all written I. Self-Regulatory Organization’s
solicited or received. communications relating to the Statement of the Terms of Substance of
proposed rule change between the the Proposed Rule Change
III. Date of Effectiveness of the Commission and any person, other than
Proposed Rule Change and Timing for The Exchange filed a proposal to
those that may be withheld from the
Commission Action amend the fee schedule to establish fees
tkelley on DSK3SPTVN1PROD with NOTICES
public in accordance with the
for EDGA Top, EDGA Last Sale, and the
Pursuant to Section 19(b)(3)(A)(ii) of provisions of 5 U.S.C. 552, will be
the Act,6 the Exchange has designated available for Web site viewing and 7 17 CFR 200.30–3(a)(12).
this proposal as establishing or changing printing in the Commission’s Public 1 15 U.S.C. 78s(b)(1).
Reference Room on official business 2 17 CFR 240.19b–4.
5 15 U.S.C. 78f(b)(8). days between the hours of 10:00 a.m. 3 15 U.S.C. 78s(b)(3)(A)(ii).
6 15 U.S.C. 78s(b)(3)(A)(ii). and 3:00 p.m. Copies of such filing also 4 17 CFR 240.19b–4(f)(2).
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Document Created: 2015-12-18 13:23:37
Document Modified: 2015-12-18 13:23:37
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 80 FR 9807 |
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