81_FR_12205 81 FR 12160 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Pricing Schedule

81 FR 12160 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Pricing Schedule

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 45 (March 8, 2016)

Page Range12160-12162
FR Document2016-05123

Federal Register, Volume 81 Issue 45 (Tuesday, March 8, 2016)
[Federal Register Volume 81, Number 45 (Tuesday, March 8, 2016)]
[Notices]
[Pages 12160-12162]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05123]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77283; File No. SR-Phlx-2016-30]


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

March 3, 2016.
    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 26, 2016, NASDAQ PHLX LLC (``Phlx'' or the ``Exchange'') 
filed with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I and II 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 Pricing Schedule to 
update the Pricing Schedule in various ways, (1) remove unnecessary 
rule text and footnotes; (2) update names of Nasdaq exchanges to 
reflect a recent name change; (3) update the current definitions to add 
detail and rearrange rule text; and (4) rename the Payment for Order 
Flow Fee.
    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.

[[Page 12161]]

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

1. Purpose
    The Exchange proposes to update its Pricing Schedule in various 
ways, which are explained below, to clarify its pricing. The Exchange 
proposes to specifically (1) remove unnecessary rule text and 
footnotes; (2) update names of the Exchange to reflect a recent name 
change; (3) update the current definitions to add detail and rearrange 
rule text; and (4) rename the Payment of Order Flow Fee.
Remove Unnecessary Rule Text and Footnotes
    The Exchange proposes to remove unnecessary footnote numbers 
throughout the Pricing Schedule. The rule text contained within the 
footnotes will remain in the Pricing Schedule, the actual footnote 
numbers are being removed because the Exchange believes they are 
distracting and do not add clarity to the Pricing Schedule.
    The Exchange also proposes to remove the references to SOX, HGX and 
OSX in Section II of the Pricing Schedule, titled ``Multiply Listed 
Options Fees,'' because these symbols are currently only listed on Phlx 
and there is no confusion that they are Singly Listed symbols. These 
symbols were previously listed on The NASDAQ Options Market, LLC for 
some time, but this is no longer the case. SOX, HGX and OSX will 
continue to be subject to Section III pricing. The Exchange is also 
removing references to XDM, XEH, XEV and XDV in Section III, titled 
``Singly Listed Options,'' as the Exchange no longer lists options 
overlying these securities. These rule changes are non-substantive.
Name Changes
    The Exchange's name was recently updated \3\ from ``NASDAQ OMX PHLX 
LLC'' to ``NASDAQ PHLX LLC.'' The Exchange is amending its name in the 
Pricing Schedule along with references to ``NASDAQ OMX PSX,'' changing 
it to ``NASDAQ PSX,'' and NASDAQ OMX BX, Inc.'s name will be changed to 
NASDAQ BX, Inc.\4\ The Exchange proposes to update these names within 
the Pricing Schedule. The Exchange proposes to remove all references to 
``OMX'' within the Pricing Schedule. These rule changes are non-
substantive.
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    \3\ See Securities Exchange Act Release No. 76654 (December 15, 
2015), 80 FR 79396 (December 21, 2015) (SR-Phlx-2015-105).
    \4\ See Securities Exchange Act Release No. 76656 (December 15, 
2015), 80 FR 79381 (December 21, 2015) (SR-BX-2015-080).
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Definitions
    The Exchange proposes to relocate rule text currently located 
within the footnotes to the text of certain definitions so the Exchange 
may consolidate information. These rule changes are non-substantive.
Rename Payment for Order Flow as Marketing Fee
    The Exchange is proposing to rename the ``Payment for Order Flow'' 
Fee or ``PFOF'' as the ``Marketing Fee.'' The Exchange believes that 
this reference to this fee is more appropriate. This rule change is 
non-substantive.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \5\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \6\ in particular, in that it is designed to promote 
just and equitable principles of trade, to remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system, and, in general to protect investors and the public interest, 
by bringing additional clarity to the Exchange's rules regarding 
pricing.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

Remove Unnecessary Rule Text and Footnotes
    The Exchange's proposal to remove unnecessary footnote numbers 
throughout the Pricing Schedule will bring clarity to the Pricing 
Schedule. The Exchange believes that removing the actual numbers, while 
retaining the rule text, will remove these distracting footnotes and 
make the Pricing Schedule easier to read. Also, the Exchange proposes 
to remove the references to SOX, HGX and OSX in Section II, titled 
``Multiply Listed Options Fees,'' of the Pricing Schedule. This change 
is consistent with the Act and the protection of investors because 
these symbols are currently only listed on Phlx and there is no 
confusion that they are Singly Listed symbols. These symbols were 
listed on The NASDAQ Options Market, LLC for some time, but this is no 
longer the case. The Exchange's proposal to remove references to XDM, 
XEH, XEV and XDV in Section III, titled ``Singly Listed Options,'' is 
consistent with the Act because the Exchange no longer lists options 
overlying these securities and removing these references will bring 
clarity to the Pricing Schedule. The Exchange believes that these rule 
changes are consistent with the Act because they protect investors and 
the public interest by clarifying rules.
Name Changes
    The Exchange's proposal to update the Exchange's name, the 
references to PSX and NASDAQ BX and remove all references to ``OMX'' 
will also clarify the Pricing Schedule by using the proper updated 
names. The Exchange believes that these rule changes are consistent 
with the Act because they protect investors and the public interest by 
clarifying its rules. These rule changes are non-substantive.
Definitions
    The Exchange's proposal to relocate rule text within the footnotes 
will provide members with consolidated information in one place on the 
Pricing Schedule. The Exchange believes that these rule changes are 
consistent with the Act because they protect investors and the public 
interest by clarifying its rules. The Exchange is not altering the 
definitions; these changes are non-substantive.
Rename Payment for Order Flow as Marketing Fee
    The Exchange's proposal to rename ``Payment for Order Flow'' Fee or 
``PFOF'' as the ``Marketing Fee'' is consistent with the Act because 
this non-substantive change will not impact pricing and is simply a 
name change.

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.
Remove Unnecessary Rule Text and Footnotes
    The Exchange's proposal to remove unnecessary footnotes throughout 
the Pricing Schedule, remove the references to SOX, HGX and OSX in 
Section II and remove references to XDM, XEH, XEV and XDV in Section 
III are non-substantive rule changes which will not impose an undue 
burden on competition.
Name Changes
    The Exchange's proposal to update the Exchange's name, the 
references to PSX and NASDAQ BX and remove references to ``OMX'' are 
non-substantive rule changes which will not impose an undue burden on 
competition.

[[Page 12162]]

Definitions
    The Exchange's proposal to relocate rule text currently located 
within the footnotes will provide members with consolidated information 
in one place on the Pricing Schedule. The relocation of the rule text 
is a non-substantive rule change which will not impose an undue burden 
on competition.
Rename Payment for Order Flow as Marketing Fee
    The Exchange's proposal to rename ``Payment for Order Flow'' or 
``PFOF'' as ``Marketing Fee'' is a non-substantive rule change which 
will not impose an undue burden on competition.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \7\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\8\
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    \7\ 15 U.S.C. 78s(b)(3)(a)(iii).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative 
delay so that the proposal may become operative immediately upon 
filing. The Exchange has stated that it is requesting this waiver 
because the Exchange would like to update its Pricing Schedule 
immediately to reflect these non-substantive changes and avoid investor 
confusion. The Exchange believes that it is important to immediately 
update its Pricing Schedule to reflect current proposed rule changes to 
that document. Also, the Exchange believes that the amendments will 
bring clarity to the Pricing Schedule. The Commission believes that 
waiving the 30-day operative delay is consistent with the protection of 
investors and the public interest because this waiver will enable the 
Exchange to update its Pricing Schedule immediately with these non-
substantive changes and thereby make the Pricing Schedule clearer for 
investors, avoiding potential points of confusion. For this reason, the 
Commission hereby waives the 30-day operative delay requirement and 
designates the proposed rule change as operative upon filing.\9\
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    \9\ For purposes only of waiving the 30-day operative delay, the 
Commission has considered the proposed rule's impact on efficiency, 
competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    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-2016-30 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-2016-30. 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-Phlx-2016-30, and should be 
submitted on or before March 29, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-05123 Filed 3-7-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                    12160                          Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Notices

                                                       Notice is hereby given that, under the               conversations with fund representatives,              SECURITIES AND EXCHANGE
                                                    Paperwork Reduction Act of 1995 (44                     we estimate that the total cost burden of             COMMISSION
                                                    U.S.C. 3501 et seq.) (‘‘Paperwork                       compliance with the information
                                                    Reduction Act’’), the Securities and                    collection requirements of Form N–14 is               [Release No. 34–77283; File No. SR-Phlx-
                                                    Exchange Commission (the                                approximately $27,500 for preparing                   2016–30]
                                                    ‘‘Commission’’) has submitted to the                    and filing an initial registration
                                                    Office of Management and Budget                         statement on Form N–14 and                            Self-Regulatory Organizations;
                                                    (‘‘OMB’’) a request for extension of the                approximately $16,000 for preparing                   NASDAQ PHLX LLC; Notice of Filing
                                                    previously approved collection of                       and filing an amendment to a                          and Immediate Effectiveness of
                                                    information discussed below.                                                                                  Proposed Rule Change To Amend the
                                                                                                            registration statement on Form N–14.
                                                       Form N–14 (17 CFR 239.23) is the                                                                           Pricing Schedule
                                                    form for registration under the                         This includes, for example, the cost of
                                                    Securities Act of 1933 (15 U.S.C. 77a et                goods and services purchased to prepare               March 3, 2016.
                                                    seq.) (‘‘Securities Act’’) of securities                and update registration statements on                    Pursuant to Section 19(b)(1) of the
                                                    issued by management investment                         Form N–14, such as for the services of                Securities Exchange Act of 1934
                                                    companies registered under the                          outside counsel. Accordingly, we                      (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                                    Investment Company Act of 1940 (15                      calculate the total estimated annual cost             notice is hereby given that on February
                                                    U.S.C. 80a–1 et seq.) (‘‘Investment                     burden of responding to Form N–14 to                  26, 2016, NASDAQ PHLX LLC (‘‘Phlx’’
                                                    Company Act’’) and business                             be approximately $4,498,000.                          or the ‘‘Exchange’’) filed with the
                                                    development companies as defined by                       Estimates of the average burden hours               Securities and Exchange Commission
                                                    Section 2(a)(48) of the Investment                      are made solely for the purposes of the               (‘‘Commission’’) the proposed rule
                                                    Company Act in: (1) A transaction of the                Paperwork Reduction Act and are not                   change as described in Items I and II
                                                    type specified in rule 145(a) under the                 derived from a comprehensive or even                  below, which Items have been prepared
                                                    Securities Act (17 CFR 230.145(a)); (2) a                                                                     by the Exchange. The Commission is
                                                                                                            representative survey or study of the
                                                    merger in which a vote or consent of the                                                                      publishing this notice to solicit
                                                                                                            costs of Commission rules and forms.
                                                    security holders of the company being                                                                         comments on the proposed rule change
                                                    acquired is not required pursuant to                    The collection of information under
                                                                                                            Form N–14 is mandatory. The                           from interested persons.
                                                    applicable state law; (3) an exchange
                                                    offer for securities of the issuer or                   information provided under Form N–14                  I. Self-Regulatory Organization’s
                                                    another person; (4) a public reoffering or              will not be kept confidential. An agency              Statement of the Terms of Substance of
                                                    resale of any securities acquired in an                 may not conduct or sponsor, and a                     the Proposed Rule Change
                                                    offering registered on Form N–14; or (5)                person is not required to respond to, a
                                                                                                                                                                     The Exchange proposes to amend the
                                                    two or more of the transactions listed in               collection of information unless it
                                                                                                                                                                  Exchange’s Pricing Schedule to update
                                                    (1) through (4) registered on one                       displays a currently valid OMB control                the Pricing Schedule in various ways,
                                                    registration statement. The principal                   number.                                               (1) remove unnecessary rule text and
                                                    purpose of Form N–14 is to make                           The public may view the background                  footnotes; (2) update names of Nasdaq
                                                    material information regarding                          documentation for this information                    exchanges to reflect a recent name
                                                    securities to be issued in connection                   collection at the following Web site,                 change; (3) update the current
                                                    with business combination transactions                                                                        definitions to add detail and rearrange
                                                                                                            www.reginfo.gov. Comments should be
                                                    available to investors. The information                                                                       rule text; and (4) rename the Payment
                                                                                                            directed to: (i) Desk Officer for the
                                                    required to be filed with the                                                                                 for Order Flow Fee.
                                                    Commission permits verification of                      Securities and Exchange Commission,
                                                    compliance with securities law                          Office of Information and Regulatory                     The text of the proposed rule change
                                                    requirements and assures the public                     Affairs, Office of Management and                     is available on the Exchange’s Web site
                                                    availability and dissemination of such                  Budget, Room 10102, New Executive                     at http://
                                                    information. Without the registration                   Office Building, Washington, DC 20503,                nasdaqomxphlx.cchwallstreet.com/, at
                                                    statement requirement, material                         or by sending an email to: Shagufta_                  the principal office of the Exchange, and
                                                    information may not necessarily be                      Ahmed@omb.eop.gov; and (ii) Pamela                    at the Commission’s Public Reference
                                                    available to investors.                                 Dyson, Director/Chief Information                     Room.
                                                       We estimate that approximately 124                   Officer, Securities and Exchange                      II. Self-Regulatory Organization’s
                                                    funds each file one new registration                    Commission, c/o Remi Pavlik-Simon,                    Statement of the Purpose of, and
                                                    statement on Form N–14 annually, and                    100 F Street NE., Washington, DC 20549                Statutory Basis for, the Proposed Rule
                                                    that 68 funds each file one amendment                   or send an email to: PRA_Mailbox@                     Change
                                                    to a registration statement on Form N–                  sec.gov. Comments must be submitted to
                                                    14 annually. Based on conversations                     OMB within 30 days of this notice.                      In its filing with the Commission, the
                                                    with fund representatives, we estimate                                                                        Exchange included statements
                                                    that the reporting burden is                              Dated: March 1, 2016.                               concerning the purpose of and basis for
                                                    approximately 620 hours per                             Robert W. Errett,                                     the proposed rule change and discussed
                                                    respondent for a new Form N–14                          Deputy Secretary.                                     any comments it received on the
                                                    registration statement and 300 hours per                [FR Doc. 2016–05044 Filed 3–7–16; 8:45 am]            proposed rule change. The text of these
                                                    respondent for amending the Form N–                                                                           statements may be examined at the
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                                                                                                            BILLING CODE 8011–01–P
                                                    14 registration statement. This time is                                                                       places specified in Item IV below. The
                                                    spent, for example, preparing and                                                                             Exchange has prepared summaries, set
                                                    reviewing the registration statements.                                                                        forth in sections A, B, and C below, of
                                                    Accordingly, we calculate the total                                                                           the most significant aspects of such
                                                    estimated annual internal burden of                                                                           statements.
                                                    responding to Form N–14 to be
                                                    approximately 97,280 hours. In addition                                                                         1 15   U.S.C. 78s(b)(1).
                                                    to the burden hours, based on                                                                                   2 17   CFR 240.19b–4.



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                                                                                   Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Notices                                              12161

                                                    A. Self-Regulatory Organization’s                       ‘‘OMX’’ within the Pricing Schedule.                    Exchange believes that these rule
                                                    Statement of the Purpose of, and the                    These rule changes are non-substantive.                 changes are consistent with the Act
                                                    Statutory Basis for, the Proposed Rule                                                                          because they protect investors and the
                                                                                                            Definitions
                                                    Change                                                                                                          public interest by clarifying rules.
                                                                                                              The Exchange proposes to relocate
                                                    1. Purpose                                              rule text currently located within the                  Name Changes
                                                      The Exchange proposes to update its                   footnotes to the text of certain                          The Exchange’s proposal to update
                                                    Pricing Schedule in various ways,                       definitions so the Exchange may                         the Exchange’s name, the references to
                                                    which are explained below, to clarify its               consolidate information. These rule                     PSX and NASDAQ BX and remove all
                                                    pricing. The Exchange proposes to                       changes are non-substantive.                            references to ‘‘OMX’’ will also clarify
                                                    specifically (1) remove unnecessary rule                Rename Payment for Order Flow as                        the Pricing Schedule by using the
                                                    text and footnotes; (2) update names of                 Marketing Fee                                           proper updated names. The Exchange
                                                    the Exchange to reflect a recent name                                                                           believes that these rule changes are
                                                    change; (3) update the current                             The Exchange is proposing to rename                  consistent with the Act because they
                                                    definitions to add detail and rearrange                 the ‘‘Payment for Order Flow’’ Fee or                   protect investors and the public interest
                                                    rule text; and (4) rename the Payment of                ‘‘PFOF’’ as the ‘‘Marketing Fee.’’ The                  by clarifying its rules. These rule
                                                    Order Flow Fee.                                         Exchange believes that this reference to                changes are non-substantive.
                                                                                                            this fee is more appropriate. This rule
                                                    Remove Unnecessary Rule Text and                        change is non-substantive.                              Definitions
                                                    Footnotes
                                                                                                            2. Statutory Basis                                        The Exchange’s proposal to relocate
                                                      The Exchange proposes to remove                                                                               rule text within the footnotes will
                                                    unnecessary footnote numbers                               The Exchange believes that its
                                                                                                            proposal is consistent with Section 6(b)                provide members with consolidated
                                                    throughout the Pricing Schedule. The                                                                            information in one place on the Pricing
                                                    rule text contained within the footnotes                of the Act 5 in general, and furthers the
                                                                                                            objectives of Section 6(b)(5) of the Act 6              Schedule. The Exchange believes that
                                                    will remain in the Pricing Schedule, the                                                                        these rule changes are consistent with
                                                    actual footnote numbers are being                       in particular, in that it is designed to
                                                                                                            promote just and equitable principles of                the Act because they protect investors
                                                    removed because the Exchange believes                                                                           and the public interest by clarifying its
                                                    they are distracting and do not add                     trade, to remove impediments to and
                                                                                                            perfect the mechanism of a free and                     rules. The Exchange is not altering the
                                                    clarity to the Pricing Schedule.                                                                                definitions; these changes are non-
                                                                                                            open market and a national market
                                                      The Exchange also proposes to                                                                                 substantive.
                                                                                                            system, and, in general to protect
                                                    remove the references to SOX, HGX and
                                                                                                            investors and the public interest, by                   Rename Payment for Order Flow as
                                                    OSX in Section II of the Pricing
                                                                                                            bringing additional clarity to the                      Marketing Fee
                                                    Schedule, titled ‘‘Multiply Listed
                                                                                                            Exchange’s rules regarding pricing.
                                                    Options Fees,’’ because these symbols                                                                              The Exchange’s proposal to rename
                                                    are currently only listed on Phlx and                   Remove Unnecessary Rule Text and                        ‘‘Payment for Order Flow’’ Fee or
                                                    there is no confusion that they are                     Footnotes                                               ‘‘PFOF’’ as the ‘‘Marketing Fee’’ is
                                                    Singly Listed symbols. These symbols                      The Exchange’s proposal to remove                     consistent with the Act because this
                                                    were previously listed on The NASDAQ                    unnecessary footnote numbers                            non-substantive change will not impact
                                                    Options Market, LLC for some time, but                  throughout the Pricing Schedule will                    pricing and is simply a name change.
                                                    this is no longer the case. SOX, HGX                    bring clarity to the Pricing Schedule.
                                                    and OSX will continue to be subject to                                                                          B. Self-Regulatory Organization’s
                                                                                                            The Exchange believes that removing                     Statement on Burden on Competition
                                                    Section III pricing. The Exchange is also               the actual numbers, while retaining the
                                                    removing references to XDM, XEH, XEV                    rule text, will remove these distracting                  The Exchange does not believe that
                                                    and XDV in Section III, titled ‘‘Singly                 footnotes and make the Pricing                          the proposed rule change will impose
                                                    Listed Options,’’ as the Exchange no                    Schedule easier to read. Also, the                      any burden on competition not
                                                    longer lists options overlying these                    Exchange proposes to remove the                         necessary or appropriate in furtherance
                                                    securities. These rule changes are non-                 references to SOX, HGX and OSX in                       of the purposes of the Act.
                                                    substantive.                                            Section II, titled ‘‘Multiply Listed                    Remove Unnecessary Rule Text and
                                                    Name Changes                                            Options Fees,’’ of the Pricing Schedule.                Footnotes
                                                                                                            This change is consistent with the Act
                                                       The Exchange’s name was recently                     and the protection of investors because                   The Exchange’s proposal to remove
                                                    updated 3 from ‘‘NASDAQ OMX PHLX                        these symbols are currently only listed                 unnecessary footnotes throughout the
                                                    LLC’’ to ‘‘NASDAQ PHLX LLC.’’ The                       on Phlx and there is no confusion that                  Pricing Schedule, remove the references
                                                    Exchange is amending its name in the                    they are Singly Listed symbols. These                   to SOX, HGX and OSX in Section II and
                                                    Pricing Schedule along with references                  symbols were listed on The NASDAQ                       remove references to XDM, XEH, XEV
                                                    to ‘‘NASDAQ OMX PSX,’’ changing it to                   Options Market, LLC for some time, but                  and XDV in Section III are non-
                                                    ‘‘NASDAQ PSX,’’ and NASDAQ OMX                          this is no longer the case. The                         substantive rule changes which will not
                                                    BX, Inc.’s name will be changed to                      Exchange’s proposal to remove                           impose an undue burden on
                                                    NASDAQ BX, Inc.4 The Exchange                           references to XDM, XEH, XEV and XDV                     competition.
                                                    proposes to update these names within
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                                                                                                            in Section III, titled ‘‘Singly Listed                  Name Changes
                                                    the Pricing Schedule. The Exchange                      Options,’’ is consistent with the Act
                                                    proposes to remove all references to                    because the Exchange no longer lists                      The Exchange’s proposal to update
                                                                                                            options overlying these securities and                  the Exchange’s name, the references to
                                                      3 See Securities Exchange Act Release No. 76654
                                                                                                            removing these references will bring                    PSX and NASDAQ BX and remove
                                                    (December 15, 2015), 80 FR 79396 (December 21,                                                                  references to ‘‘OMX’’ are non-
                                                    2015) (SR–Phlx–2015–105).                               clarity to the Pricing Schedule. The
                                                      4 See Securities Exchange Act Release No. 76656                                                               substantive rule changes which will not
                                                    (December 15, 2015), 80 FR 79381 (December 21,            5 15   U.S.C. 78f(b).                                 impose an undue burden on
                                                    2015) (SR–BX–2015–080).                                   6 15   U.S.C. 78f(b)(5).                              competition.


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                                                    12162                            Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Notices

                                                    Definitions                                               because this waiver will enable the                  those that may be withheld from the
                                                      The Exchange’s proposal to relocate                     Exchange to update its Pricing Schedule              public in accordance with the
                                                    rule text currently located within the                    immediately with these non-substantive               provisions of 5 U.S.C. 552, will be
                                                    footnotes will provide members with                       changes and thereby make the Pricing                 available for Web site viewing and
                                                    consolidated information in one place                     Schedule clearer for investors, avoiding             printing in the Commission’s Public
                                                    on the Pricing Schedule. The relocation                   potential points of confusion. For this              Reference Room, 100 F Street NE.,
                                                    of the rule text is a non-substantive rule                reason, the Commission hereby waives                 Washington, DC 20549 on official
                                                    change which will not impose an undue                     the 30-day operative delay requirement               business days between the hours of
                                                    burden on competition.                                    and designates the proposed rule change              10:00 a.m. and 3:00 p.m. Copies of such
                                                                                                              as operative upon filing.9                           filing also will be available for
                                                    Rename Payment for Order Flow as                             At any time within 60 days of the                 inspection and copying at the principal
                                                    Marketing Fee                                             filing of the proposed rule change, the              office of the Exchange. All comments
                                                       The Exchange’s proposal to rename                      Commission summarily may                             received will be posted without change;
                                                    ‘‘Payment for Order Flow’’ or ‘‘PFOF’’ as                 temporarily suspend such rule change if              the Commission does not edit personal
                                                    ‘‘Marketing Fee’’ is a non-substantive                    it appears to the Commission that such               identifying information from
                                                    rule change which will not impose an                      action is: (i) Necessary or appropriate in           submissions. You should submit only
                                                    undue burden on competition.                              the public interest; (ii) for the protection         information that you wish to make
                                                                                                              of investors; or (iii) otherwise in                  available publicly. All submissions
                                                    C. Self-Regulatory Organization’s                         furtherance of the purposes of the Act.              should refer to File Number SR-Phlx–
                                                    Statement on Comments on the                              If the Commission takes such action, the             2016–30, and should be submitted on or
                                                    Proposed Rule Change Received From                        Commission shall institute proceedings               before March 29, 2016.
                                                    Members, Participants, or Others                          to determine whether the proposed rule                 For the Commission, by the Division of
                                                      No written comments were either                         should be approved or disapproved.                   Trading and Markets, pursuant to delegated
                                                    solicited or received.                                                                                         authority.10
                                                                                                              IV. Solicitation of Comments
                                                    III. Date of Effectiveness of the                                                                              Robert W. Errett,
                                                                                                                Interested persons are invited to                  Deputy Secretary.
                                                    Proposed Rule Change and Timing for                       submit written data, views, and
                                                    Commission Action                                         arguments concerning the foregoing,
                                                                                                                                                                   [FR Doc. 2016–05123 Filed 3–7–16; 8:45 am]
                                                                                                                                                                   BILLING CODE 8011–01–P
                                                       Because the foregoing proposed rule                    including whether the proposed rule
                                                    change does not: (i) Significantly affect                 change is consistent with the Act.
                                                    the protection of investors or the public                 Comments may be submitted by any of                  SECURITIES AND EXCHANGE
                                                    interest; (ii) impose any significant                     the following methods:                               COMMISSION
                                                    burden on competition; and (iii) become
                                                    operative for 30 days from the date on                    Electronic Comments                                  [Release No. 34–77277; File No. 4–657]
                                                    which it was filed, or such shorter time                    • Use the Commission’s Internet
                                                    as the Commission may designate, it has                   comment form (http://www.sec.gov/                    Joint Industry Plan; Notice of Filing
                                                    become effective pursuant to Section                      rules/sro.shtml); or                                 and Immediate Effectiveness of
                                                    19(b)(3)(A)(iii) of the Act 7 and                           • Send an email to rule-comments@                  Amendment to the Plan To Implement
                                                    subparagraph (f)(6) of Rule 19b–4                         sec.gov. Please include File Number SR–              a Tick Size Pilot Program To Add
                                                    thereunder.8                                              Phlx–2016–30 on the subject line.                    National Stock Exchange, Inc. as a
                                                       The Exchange has asked the                                                                                  Participant
                                                                                                              Paper Comments
                                                    Commission to waive the 30-day                                                                                 March 3, 2016.
                                                    operative delay so that the proposal may                    • Send paper comments in triplicate                   Pursuant to Section 11A(a)(3) of the
                                                    become operative immediately upon                         to Brent J. Fields, Secretary, Securities            Securities Exchange Act of 1934
                                                    filing. The Exchange has stated that it is                and Exchange Commission, 100 F Street                (‘‘Exchange Act’’) 1 and Rule 608
                                                    requesting this waiver because the                        NE., Washington, DC 20549–1090.                      thereunder,2 notice is hereby given that
                                                    Exchange would like to update its                         All submissions should refer to File                 on February 5, 2016, National Stock
                                                    Pricing Schedule immediately to reflect                   Number SR-Phlx–2016–30. This file                    Exchange, Inc. (‘‘NSX’’ or the
                                                    these non-substantive changes and                         number should be included on the                     ‘‘Exchange’’) filed with the Securities
                                                    avoid investor confusion. The Exchange                    subject line if email is used. To help the           and Exchange Commission
                                                    believes that it is important to                          Commission process and review your                   (‘‘Commission’’) 3 an amendment to the
                                                    immediately update its Pricing                            comments more efficiently, please use                Plan to Implement a Tick Size Pilot
                                                    Schedule to reflect current proposed                      only one method. The Commission will                 Program (‘‘Plan’’).4 The amendment
                                                    rule changes to that document. Also, the                  post all comments on the Commission’s
                                                    Exchange believes that the amendments                     Internet Web site (http://www.sec.gov/                 10 17  CFR 200.30–3(a)(12).
                                                    will bring clarity to the Pricing                         rules/sro.shtml). Copies of the                        1 15  U.S.C. 78k–1(a)(3).
                                                    Schedule. The Commission believes that                    submission, all subsequent                              2 17 CFR 242.608.

                                                    waiving the 30-day operative delay is                     amendments, all written statements                      3 See letter from James G. Buckley, Chief

                                                    consistent with the protection of                                                                              Regulatory Officer, National Stock Exchange, Inc.,
                                                                                                              with respect to the proposed rule                    to Brent J. Fields, Secretary, Securities and
                                                    investors and the public interest                         change that are filed with the                       Exchange Commission, dated February 4, 2016.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                              Commission, and all written                             4 On May 6, 2015, the Commission issued an
                                                      7 15  U.S.C. 78s(b)(3)(a)(iii).                         communications relating to the                       order approving the Plan, as modified by the
                                                      8 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–                                                            Commission, to be implemented within one year
                                                                                                              proposed rule change between the
                                                    4(f)(6) requires a self-regulatory organization to give                                                        after the date of publication of the Order for a two-
                                                    the Commission written notice of its intent to file       Commission and any person, other than                year Pilot Period (the ‘‘Approval Order’’). See
                                                    the proposed rule change at least five business days                                                           Securities Exchange Act Release No. 74892 (May 6,
                                                    prior to the date of filing of the proposed rule            9 For purposes only of waiving the 30-day          2015), 80 FR 27513 (May 13, 2015). Thereafter, in
                                                    change, or such shorter time as designated by the         operative delay, the Commission has considered the   November 2015, the Commission issued an order
                                                    Commission. The Exchange has satisfied this               proposed rule’s impact on efficiency, competition,   granting the Participants an exemption from
                                                    requirement.                                              and capital formation. See 15 U.S.C. 78c(f).         implementing the Plan until October 3, 2016. See



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Document Created: 2018-02-02 15:10:21
Document Modified: 2018-02-02 15:10:21
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 Citation81 FR 12160 

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