81_FR_14561 81 FR 14509 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Rebates and Fees for Adding and Removing Liquidity in SPY

81 FR 14509 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Rebates and Fees for Adding and Removing Liquidity in SPY

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 52 (March 17, 2016)

Page Range14509-14513
FR Document2016-05975

Federal Register, Volume 81 Issue 52 (Thursday, March 17, 2016)
[Federal Register Volume 81, Number 52 (Thursday, March 17, 2016)]
[Notices]
[Pages 14509-14513]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05975]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77351; File No. SR-Phlx-2016-33]


Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change to Rebates and Fees 
for Adding and Removing Liquidity in SPY

March 11, 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 29, 2016, NASDAQ PHLX LLC (``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 Pricing Schedule at 
Section I, entitled ``Rebates and Fees for Adding and Removing 
Liquidity in SPY.''
    While changes to the Pricing Schedule pursuant to this proposal are 
effective upon filing, the Exchange has designated these changes to be 
operative on March 1, 2016.
    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

[[Page 14510]]

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 the Exchange's 
Pricing Schedule at Section I, entitled ``Rebates and Fees for Adding 
and Removing Liquidity in SPY,'' to (i) amend the Specialist \3\ and 
Market Maker \4\ Rebate for Adding Liquidity in Simple Orders; and (ii) 
reduce all Fees for Removing Liquidity in Simple Orders. The amendments 
will be described in greater detail below.
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    \3\ The term ``Specialist'' applies to transactions for the 
account of a Specialist (as defined in Exchange Rule 1020(a)).
    \4\ The term ``Market Maker'' describes fees and rebates 
applicable to Registered Options Traders (``ROT''), Streaming Quote 
Traders (``SQT'') and Remote Streaming Quote Traders (``RSQT''). A 
ROT is defined in Exchange Rule 1014(b) as a regular member of the 
Exchange located on the trading floor who has received permission 
from the Exchange to trade in options for his own account. A ROT 
includes SQTs and RSQTs as well as on and off-floor ROTS. An SQT is 
defined in Exchange Rule 1014(b)(ii)(A) as an ROT who has received 
permission from the Exchange to generate and submit option 
quotations electronically in options to which such SQT is assigned. 
An RSQT is defined in Exchange Rule in 1014(b)(ii)(B) as an ROT that 
is a member affiliated with an RSQTO with no physical trading floor 
presence who has received permission from the Exchange to generate 
and submit option quotations electronically in options to which such 
RSQT has been assigned. A Remote Streaming Quote Trader Organization 
or ``RSQTO,'' which may also be referred to as a Remote Market 
Making Organization (``RMO''), is a member organization in good 
standing that satisfies the RSQTO readiness requirements in Rule 
507(a).
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    Fees and rebates applicable to options overlying Standard and 
Poor's Depositary Receipts/SPDRs (``SPY'') \5\ are located in Section I 
of the Exchange's Pricing Schedule. The Exchange specifies which fees 
and rebates apply to Simple Orders and Complex Orders.\6\ This proposal 
specifically applies to Simple Order pricing in SPY in Part A. The 
Exchange is not amending the Complex Order pricing in SPY in Part B.
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    \5\ Options overlying Standard and Poor's Depositary Receipts/
SPDRs (``SPY'') are based on the SPDR exchange-traded fund 
(``ETF''), which is designed to track the performance of the S&P 500 
Index.
    \6\ A Complex Order is an order involving the simultaneous 
purchase and/or sale of two or more different options series in the 
same underlying security, priced as a net debit or credit based on 
the relative prices of the individual components, for the same 
account, for the purpose of executing a particular investment 
strategy.
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Simple Order--Rebate for Adding Liquidity
    Today, the Exchange pays a SPY Simple Order Rebate for Adding 
Liquidity of $0.20 per contract to Specialists and Market Makers. All 
other market participants do not receive a SPY Simple Order Rebate for 
Adding Liquidity. The Exchange proposes to replace the $0.20 per 
contract SPY Simple Order Rebate for Adding Liquidity with tiered 
rebates.
    The Exchange proposes to pay a $0.15 per contract Specialist and 
Market Maker SPY Simple Order Rebate for Adding Liquidity to 
participants that add 1 to 2,499 electronically executed Simple Order 
contracts per day in a month in SPY. The Exchange proposes to pay a 
$0.20 per contract Specialist and Market Maker SPY Simple Order Rebate 
for Adding Liquidity to participants that add 2,500 to 4,999 
electronically executed Simple Order contracts per day in a month in 
SPY. The Exchange proposes to pay a $0.25 per contract Specialist and 
Market Maker SPY Simple Order Rebate for Adding Liquidity to 
participants that add 5,000 to 19,999 electronically executed Simple 
Order contracts per day in a month in SPY. Finally, the Exchange 
proposes to pay a $0.30 per contract Specialist and Market Maker SPY 
Simple Order Rebate for Adding Liquidity to participants that add 
greater than 20,000 electronically executed Simple Order contracts per 
day in a month in SPY. The Exchange believes that the proposed four 
tier rebate structure would incentive market participants to add more 
Specialist and Market Maker liquidity in SPY on the Exchange.
    Today, if a SPY transaction originates from the Exchange floor, 
that transaction is subject to the Multiply Listed Options Fees.\7\ 
However, if one side of the transaction originates on the Exchange 
floor and any other side of the trade was the result of an 
electronically submitted order or a quote, then the Section I fees 
apply to the transactions which originated on the Exchange floor and 
contracts that are executed electronically on all sides of the 
transaction.\8\ The Exchange will continue to treat the one side of the 
transaction which originates on the Exchange floor in the same manner 
and will count the one side of the transaction which originates on the 
Exchange floor toward the number of contracts to qualify for the Simple 
Order Rebate for Adding Liquidity for Specialists and Market Makers in 
SPY.
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    \7\ See Multiply Listed Options Fees in Section II of the 
Exchange's Pricing Schedule.
    \8\ See Part C of Section I of the Exchange's Pricing Schedule.
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Simple Order--Fee for Removing Liquidity
    Today, the Exchange assesses a $0.44 per contract Customer \9\ 
Simple Order Fee for Removing Liquidity in SPY and a $0.49 per contract 
Simple Order Fee for Removing Liquidity in SPY to Specialists, Market 
Makers, Firms,\10\ Broker-Dealers \11\ and Professionals.\12\ The 
Exchange proposes to decrease the Simple Order Fees for Removing 
Liquidity and assess a $0.43 per contract Customer Simple Order Fee for 
Removing Liquidity in SPY and a $0.47 per contract Simple Order Fee for 
Removing Liquidity in SPY to Specialists, Market Makers, Firms, Broker-
Dealers and Professionals. The Exchange believes that the reduction of 
the Simple Order Fees for Removing Liquidity in SPY will encourage 
participants to send additional order flow to the Exchange.
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    \9\ The term ``Customer'' applies to any transaction that is 
identified by a member or member organization for clearing in the 
Customer range at The Options Clearing Corporation which is not for 
the account of a broker or dealer or for the account of a 
``Professional'' (as that term is defined in Rule 1000(b)(14)).
    \10\ The term ``Firm'' applies to any transaction that is 
identified by a member or member organization for clearing in the 
Firm range at The Options Clearing Corporation.
    \11\ The term ``Broker-Dealer'' applies to any transaction which 
is not subject to any of the other transaction fees applicable 
within a particular category.
    \12\ The term ``Professional'' applies to transactions for the 
accounts of Professionals, as defined in Exchange Rule 1000(b)(14).
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Cross-Reference and Marketing Fee
    The Exchange proposes to correct a typographical error related to a 
cross reference in the beginning of this section by removing the 
reference to Section ``C'' and properly adding the Section ``I'' 
reference.
    The Exchange proposes to replace the words ``Payment for Order Flow 
Fee'' with the words ``Marketing Fee'' to conform this term throughout 
the Pricing Schedule. The Exchange recently amended this term 
throughout the Pricing Schedule in a prior rule change and 
inadvertently did not mark this term to be amended as well.\13\
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    \13\ See SR-Phlx-2016-30 (not yet published).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \14\ in general, and furthers the

[[Page 14511]]

objectives of Sections 6(b)(4) and 6(b)(5) of the Act \15\ 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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    \14\ 15 U.S.C. 78f(b).
    \15\ 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, while adopting a series of steps to improve the current market 
model, the Commission highlighted the importance of market forces in 
determining prices and SRO revenues and, also, recognized that current 
regulation of the market system ``has been remarkably successful in 
promoting market competition in its broader forms that are most 
important to investors and listed companies.'' \16\ Likewise, in 
NetCoalition v. Securities and Exchange Commission \17\ 
(``NetCoalition'') the DC 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.\18\ 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.'' \19\
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    \16\ Securities Exchange Act Release No. 51808 at 37499 (June 9, 
2005) (``Regulation NMS Adopting Release'').
    \17\ NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir. 2010).
    \18\ See NetCoalition, at 534.
    \19\ 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'. . . . '' \20\ 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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    \20\ Id. at 539 (quoting ArcaBook Order, 73 FR at 74782-74783).
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    The Exchange continues to offer pricing specific to SPY because 
these options are currently the most actively traded options class. 
Pricing by symbol is a common practice on many U.S. options exchanges 
as a means to incentive order flow to be sent to an exchange for 
execution.\21\
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    \21\ See International Securities Exchange LLC's (``ISE'') 
Schedule of Fees.
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Simple Order--Rebate for Adding Liquidity
    The Exchange's proposal to replace the $0.20 per contract SPY 
Simple Order Rebate for Adding Liquidity with tiered rebates is 
reasonable because the Exchange desires to incentivize market 
participants to transact a greater number of SPY options. All 
participants [sic] will continue to receive a SPY Simple Order Rebate 
for Adding Liquidity for Specialists and Market Makers provided they 
execute one electronic Simple Order SPY contract. In some cases, the 
rebate will be lower, if 2,499 or less electronic Simple Order SPY 
contracts are added, the SPY Simple Order Rebate for Adding Liquidity 
for Specialists and Market Makers will be $0.15 as compared to $0.20 
per contract (today's rebate). Despite this decrease, the Exchange 
believes that participants will continue to be incentivized to add SPY 
order flow to the Exchange to receive the rebate. With this proposal, 
the Exchange is also offering the opportunity to earn higher rebates 
provided the participant adds at least 5,000 electronic Simple Order 
SPY contracts.\22\ In some cases the rebate will remain the same.\23\ 
The Exchange believes that the rebate will continue to encourage 
participants to direct SPY order flow to the Exchange.
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    \22\ The Exchange will pay a $0.25 per contract rebate if 
participant adds 5,000 to 19,999 contracts per day in a month and a 
$0.30 per contract rebate if participant adds greater than 20,000 
contracts per day in a month in SPY.
    \23\ The Exchange will continue to pay a $0.20 per contract 
rebate if participant adds 2,500 to 4,999 contracts per day in a 
month in SPY.
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    The Exchange's proposal to replace the $0.20 per contract SPY 
Simple Order Rebate for Adding Liquidity for Specialists and Market 
Makers with tiered rebates is equitable and not unfairly discriminatory 
because Specialists and Market Makers have obligations to the market 
and regulatory requirements, which normally do not apply to other 
market participants.\24\ They have obligations to make continuous 
markets, engage in a course of dealings reasonably calculated to 
contribute to the maintenance of a fair and orderly market, and not 
make bids or offers or enter into transactions that are inconsistent 
with a course of dealings. The differentiation as between Specialists 
and Market Makers and all other market participants recognizes the 
differing contributions made to the liquidity and trading environment 
on the Exchange by these market participants. An increase in the 
activity of these market participants in turn facilitates tighter 
spreads, which may cause an additional corresponding increase in order 
flow from other market participants.
---------------------------------------------------------------------------

    \24\ See Rule 1014 titled ``Obligations and Restrictions 
Applicable to Specialists and Registered Options Traders.''
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    The Exchange believes that continuing to pay the Simple Order 
Rebate for Adding Liquidity [sic] to all [sic] transactions executed 
within the Exchange's order book, including transactions where one side 
of the transaction originates on the Exchange floor and any other side 
of the trade was the result of an electronically submitted order or a 
quote, is reasonable because the Exchange's treatment of these orders 
is consistent with its treatment of all other orders executed in the 
order book as compared to a floor order executed on the Exchange's 
trading floor. Further, the Exchange believes it is reasonable to count 
the one side of the transaction which originates on the Exchange floor 
toward the number of contracts to qualify for the Simple Order Rebate 
for Adding Liquidity for Specialists and Market Makers in SPY because 
this treatment of the floor order which executes in the order book is 
consistent with the treatment of all other electronically executed 
orders which qualify for the Section I pricing.
    The Exchange believes that continuing to pay the Simple Order 
Rebate for Adding Liquidity to all transactions executed within the 
Exchange's order book, including transactions where one side of the 
transaction originates on the Exchange floor and any other side of the 
trade was the result of an electronically submitted order or a quote, 
is equitable and not unfairly discriminatory because the Exchange is 
treating these orders similar to all other orders executed in the order 
book as compared to a floor order executed on the Exchange's trading 
floor. Further, the Exchange believes it is equitable and not unfairly 
discriminatory to count the one side of the transaction which 
originates on the Exchange floor toward the number of contracts to 
qualify for the Simple Order Rebate for Adding Liquidity for 
Specialists and Market Makers because today all electronically executed 
orders qualify for the Section I pricing. The transaction where one 
side of the transaction originates on the Exchange

[[Page 14512]]

floor and any other side of the trade was the result of an 
electronically submitted order or a quote will be treated in the same 
manner as all other orders executed in the order book.
Simple Order--Fee for Removing Liquidity
    The Exchange's proposal to decrease the Customer Simple Order Fee 
in SPY for Removing Liquidity from $0.44 to $0.43 per contract and all 
other Simple Order Fees for Removing Liquidity in SPY for Specialists, 
Market Makers, Firms, Broker-Dealers and Professionals from $0.49 to 
$0.47 per contract is reasonable because the reduction of these fees 
will encourage participants to send additional order flow to the 
Exchange.
    The Exchange's proposal to decrease the Customer Simple Order Fee 
for Removing Liquidity in SPY from $0.44 to $0.43 per contract and all 
other Simple Order Fees for Removing Liquidity in SPY for Specialists, 
Market Makers, Firms, Broker-Dealers and Professionals from $0.49 to 
$0.47 per contract is equitable and not unfairly discriminatory because 
all participants will be assessed the same lower Simple Order Fee for 
Removing Liquidity in SPY of $0.47 per contract, except for Customers. 
The Exchange believes that assessing Customers a lower fee is equitable 
and not unfairly discriminatory because Customer orders bring valuable 
liquidity to the market, which liquidity benefits other market 
participants. Customer liquidity benefits all market participants by 
providing more trading opportunities, which attracts Specialists and 
Market Makers. An increase in the activity of these market participants 
in turn facilitates tighter spreads, which may cause an additional 
corresponding increase in order flow from other market participants.
Cross-Reference and Marketing Fee
    The Exchange's proposal to correct a typographical error related to 
a cross reference is reasonable, equitable and not unfairly 
discriminatory because it will clarify the Pricing Schedule. This 
amendment is non-substantive.
    The Exchange's proposal to replace the words ``Payment for Order 
Flow Fee'' with the words ``Marketing Fee'' is reasonable, equitable 
and not unfairly discriminatory because the proposal will conform the 
rule text to other parts of the Rulebook. The usage of the term 
Marketing Fee would be consistent throughout the Rulebook.

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 believes that 
its proposed rebates and fees continue to remain competitive in SPY, 
which is the most actively traded options class.\25\ In sum, if the 
changes proposed herein are unattractive to market participants, it is 
likely that the Exchange will lose market share as a result. 
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.
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    \25\ The Exchange continues to incentive market participants to 
transact SPY by offering rebates in this Penny Pilot Option similar 
to ISE which pays rebates on Penny Pilot Options. See ISE's Fee 
Schedule. ISE Gemini, LLC (``ISE Gemini'') assesses a SPY tiered 
taker fee ranging from $0.44 to $0.45 for a priority customer and a 
tiered taker fee ranging from $0.48 to $0.49 per contract for all 
other market participants. See ISE Gemini's Fee Schedule. Also, the 
Exchange's Simple Order Fee for Removing Liquidity in SPY is lower 
as compared to pricing at C2 Options Exchange, Incorporated 
(``C2''). C2's penny pilot options pricing is $0.47 per contract for 
Priority [sic] Customers and $0.48 per contract for all other 
participants when removing liquidity. See C2's Fees Schedule.
---------------------------------------------------------------------------

Simple Order--Rebate for Adding Liquidity
    The Exchange's proposal to replace the $0.20 per contract SPY 
Simple Order Rebate for Adding Liquidity with tiered rebates does not 
impose an undue burden on intra-market competition because Specialists 
and Market Makers have obligations to the market and regulatory 
requirements, which normally do not apply to other market 
participants.\26\ The differentiation as between Specialists and Market 
Makers and other market participants recognizes the differing 
contributions made to the liquidity and trading environment on the 
Exchange by these market participants. An increase in the activity of 
these market participants in turn facilitates tighter spreads, which 
may cause an additional corresponding increase in order flow from other 
market participants.
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    \26\ See note 24. Specialists and Market Makers have obligations 
to make continuous markets, engage in a course of dealings 
reasonably calculated to contribute to the maintenance of a fair and 
orderly market, and not make bids or offers or enter into 
transactions that are inconsistent with a course of dealings.
---------------------------------------------------------------------------

    The Exchange believes that continuing to pay the SPY Simple Order 
Rebate for Adding Liquidity to all transactions executed within the 
Exchange's order book, including transactions where one side of the 
transaction originates on the Exchange floor and any other side of the 
trade was the result of an electronically submitted order or a quote, 
does not impose an undue burden on intra-market competition because the 
Exchange is treating these orders similar to all other orders executed 
in the order book as compared to a floor order executed on the 
Exchange's trading floor. Further, the Exchange believes counting the 
one side of the transaction which originates on the Exchange floor 
toward the number of contracts to qualify for the SPY Simple Order 
Rebate for Adding Liquidity for Specialists and Market Makers does not 
impose an undue burden on intra-market competition because today all 
electronically executed orders qualify for the Section I pricing. The 
transaction where one side of the transaction originates on the 
Exchange floor and any other side of the trade was the result of an 
electronically submitted order or a quote will be treated in the same 
manner as all other orders executed in the order book.
Simple Order--Fee for Removing Liquidity
    The Exchange's proposal to decrease the Customer Simple Order for 
Removing Liquidity in SPY from $0.44 to $0.43 per contract and all 
other Simple Order Fees for Removing Liquidity in SPY for Specialists, 
Market Makers, Firms, Broker-Dealers and Professionals from $0.49 to 
$0.47 per contract does not impose an undue burden on intra-market 
competition because all participants will be assessed

[[Page 14513]]

the same lower Simple Order Fee for Removing Liquidity in SPY of $0.47 
per contract, except for Customers. Customer orders bring valuable 
liquidity to the market, which liquidity benefits other market 
participants. Customer liquidity benefits all market participants by 
providing more trading opportunities, which attracts Specialists and 
Market Makers. An increase in the activity of these market participants 
in turn facilitates tighter spreads, which may cause an additional 
corresponding increase in order flow from other market participants.
Cross-Reference and Marketing Fee
    The Exchange's proposal to correct a typographical error related to 
a cross reference does not impose an undue burden on intra-market 
competition because the amendment is non-substantive.
    The Exchange's proposal to replace the words ``Payment for Order 
Flow Fee'' with the words ``Marketing Fee'' does not impose an undue 
burden on intra-market competition because the proposal will conform 
the rule text to other parts of the Rulebook.

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.\27\
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-Phlx-2016-33 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-Phlx-2016-33. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-Phlx-2016-33 and should be 
submitted on or before April 7, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\28\
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    \28\ 17 CFR 200.30-3(a)(12).
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Lynn M. Powalski,
Deputy Secretary.
[FR Doc. 2016-05975 Filed 3-16-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                   Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Notices                                                14509

                                                    proposed amendments to Sections 401                     IV. Solicitation of Comments                            For the Commission, by the Division of
                                                    and 402 are designed to give the                                                                              Trading and Markets, pursuant to delegated
                                                    Exchange greater flexibility to halt                      Interested persons are invited to                   authority.16
                                                    trading in a particular listed security                 submit written data, views, and                       Lynn M. Powalski,
                                                    when the Exchange believes a halt is                    arguments concerning the foregoing,                   Deputy Secretary.
                                                    necessary or appropriate. Currently,                    including whether the proposed rule                   [FR Doc. 2016–05972 Filed 3–16–16; 8:45 am]
                                                    Sections 401 and 402 only permit the                    change is consistent with the Act.                    BILLING CODE 8011–01–P
                                                    Exchange to implement regulatory                        Comments may be submitted by any of
                                                    trading halts for the dissemination of                  the following methods:
                                                    material news. As currently drafted, the                                                                      SECURITIES AND EXCHANGE
                                                                                                            Electronic Comments                                   COMMISSION
                                                    Exchange believes these rules are
                                                    unnecessarily restrictive and do not                      • Use the Commission’s Internet                     [Release No. 34–77351; File No. SR–Phlx–
                                                    cover the full spectrum of situations                   comment form (http://www.sec.gov/                     2016–33]
                                                    where a trading halt may be necessary                   rules/sro.shtml); or
                                                    for the protection of investors. In                                                                           Self-Regulatory Organizations;
                                                                                                              • Send an email to rule-comments@                   NASDAQ PHLX LLC; Notice of Filing
                                                    addition, the Exchange believes that its                sec.gov. Please include File Number SR–
                                                    proposed changes are consistent with                                                                          and Immediate Effectiveness of
                                                                                                            NYSEMKT–2016–29 on the subject line.                  Proposed Rule Change to Rebates and
                                                    the NYSE and Nasdaq rules with respect
                                                                                                            Paper Comments                                        Fees for Adding and Removing
                                                    to trading halts. For the foregoing
                                                                                                                                                                  Liquidity in SPY
                                                    reasons, therefore, the Exchange does
                                                                                                              • Send paper comments in triplicate
                                                    not believe that such changes impose                                                                          March 11, 2016.
                                                                                                            to Secretary, Securities and Exchange
                                                    any burden on competition that is not                                                                            Pursuant to Section 19(b)(1) of the
                                                                                                            Commission, 100 F Street NE.,
                                                    necessary or appropriate in furtherance                                                                       Securities Exchange Act of 1934
                                                                                                            Washington, DC 20549–1090.
                                                    of the purposes of the Act.                                                                                   (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                            All submissions should refer to File                  notice is hereby given that on February
                                                    C. Self-Regulatory Organization’s
                                                                                                            Number SR–NYSEMKT–2016–29. This                       29, 2016, NASDAQ PHLX LLC
                                                    Statement on Comments on the                                                                                  (‘‘Exchange’’) filed with the Securities
                                                                                                            file number should be included on the
                                                    Proposed Rule Change Received From                                                                            and Exchange Commission (‘‘SEC’’ or
                                                                                                            subject line if email is used. To help the
                                                    Members, Participants, or Others                                                                              ‘‘Commission’’) the proposed rule
                                                                                                            Commission process and review your
                                                      No written comments were solicited                    comments more efficiently, please use                 change as described in Items I, II, and
                                                    or received with respect to the proposed                only one method. The Commission will                  III, below, which Items have been
                                                    rule change.                                            post all comments on the Commission’s                 prepared by the Exchange. The
                                                                                                            Internet Web site (http://www.sec.gov/                Commission is publishing this notice to
                                                    III. Date of Effectiveness of the                       rules/sro.shtml). Copies of the                       solicit comments on the proposed rule
                                                    Proposed Rule Change and Timing for                     submission, all subsequent                            change from interested persons.
                                                    Commission Action                                       amendments, all written statements                    I. Self-Regulatory Organization’s
                                                       Because the foregoing proposed rule                  with respect to the proposed rule                     Statement of the Terms of Substance of
                                                    change does not: (i) Significantly affect               change that are filed with the                        the Proposed Rule Change
                                                    the protection of investors or the public               Commission, and all written                              The Exchange proposes to amend the
                                                    interest; (ii) impose any significant                   communications relating to the                        Exchange’s Pricing Schedule at Section
                                                    burden on competition; and (iii) become                 proposed rule change between the                      I, entitled ‘‘Rebates and Fees for Adding
                                                    operative prior to 30 days from the date                Commission and any person, other than                 and Removing Liquidity in SPY.’’
                                                    on which it was filed, or such shorter                  those that may be withheld from the                      While changes to the Pricing
                                                    time as the Commission may designate,                   public in accordance with the                         Schedule pursuant to this proposal are
                                                    it has become effective pursuant to                     provisions of 5 U.S.C. 552, will be                   effective upon filing, the Exchange has
                                                    Section 19(b)(3)(A) of the Act 13 and                   available for Web site viewing and                    designated these changes to be operative
                                                    Rule 19b–4(f)(6) 14 thereunder.                         printing in the Commission’s Public                   on March 1, 2016.
                                                                                                            Reference Room, 100 F Street NE.,                        The text of the proposed rule change
                                                       At any time within 60 days of the
                                                                                                            Washington, DC 20549 on official                      is available on the Exchange’s Web site
                                                    filing of the proposed rule change, the
                                                                                                            business days between the hours of                    at http://
                                                    Commission summarily may
                                                                                                            10:00 a.m. and 3:00 p.m. Copies of the                nasdaqomxphlx.cchwallstreet.com/, at
                                                    temporarily suspend such rule change if
                                                                                                            filing also will be available for                     the principal office of the Exchange, and
                                                    it appears to the Commission that such
                                                                                                            inspection and copying at the principal               at the Commission’s Public Reference
                                                    action is necessary or appropriate in the                                                                     Room.
                                                    public interest, for the protection of                  office of the Exchange. All comments
                                                    investors, or otherwise in furtherance of               received will be posted without change;               II. Self-Regulatory Organization’s
                                                    the purposes of the Act. If the                         the Commission does not edit personal                 Statement of the Purpose of, and
                                                    Commission takes such action, the                       identifying information from                          Statutory Basis for, the Proposed Rule
                                                    Commission shall institute proceedings                  submissions. You should submit only                   Change
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    under Section 19(b)(2)(B) of the Act 15 to              information that you wish to make                       In its filing with the Commission, the
                                                    determine whether the proposed rule                     available publicly. All submissions                   Exchange included statements
                                                    change should be approved or                            should refer to File Number SR–                       concerning the purpose of and basis for
                                                    disapproved.                                            NYSEMKT–2016–29, and should be                        the proposed rule change and discussed
                                                                                                            submitted on or before April 7, 2016.
                                                      13 15 U.S.C. 78s(b)(3)(A).                                                                                    16 17 CFR 200.30–3(a)(12).
                                                      14 17 CFR 240.19b–4(f)(6).                                                                                    1 15 U.S.C. 78s(b)(1).
                                                      15 15 U.S.C. 78s(b)(2)(B).                                                                                    2 17 CFR 240.19b–4.




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                                                    14510                           Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Notices

                                                    any comments it received on the                            is not amending the Complex Order                       transaction which originates on the
                                                    proposed rule change. The text of these                    pricing in SPY in Part B.                               Exchange floor toward the number of
                                                    statements may be examined at the                                                                                  contracts to qualify for the Simple Order
                                                                                                               Simple Order—Rebate for Adding
                                                    places specified in Item IV below. The                                                                             Rebate for Adding Liquidity for
                                                                                                               Liquidity
                                                    Exchange has prepared summaries, set                                                                               Specialists and Market Makers in SPY.
                                                    forth in sections A, B, and C below, of                       Today, the Exchange pays a SPY
                                                    the most significant aspects of such                       Simple Order Rebate for Adding                          Simple Order—Fee for Removing
                                                    statements.                                                Liquidity of $0.20 per contract to                      Liquidity
                                                                                                               Specialists and Market Makers. All                         Today, the Exchange assesses a $0.44
                                                    A. Self-Regulatory Organization’s                          other market participants do not receive                per contract Customer 9 Simple Order
                                                    Statement of the Purpose of, and                           a SPY Simple Order Rebate for Adding                    Fee for Removing Liquidity in SPY and
                                                    Statutory Basis for, the Proposed Rule
                                                                                                               Liquidity. The Exchange proposes to                     a $0.49 per contract Simple Order Fee
                                                    Change
                                                                                                               replace the $0.20 per contract SPY                      for Removing Liquidity in SPY to
                                                    1. Purpose                                                 Simple Order Rebate for Adding                          Specialists, Market Makers, Firms,10
                                                       The purpose of the proposed rule                        Liquidity with tiered rebates.                          Broker-Dealers 11 and Professionals.12
                                                    change is to amend the Exchange’s                             The Exchange proposes to pay a $0.15                 The Exchange proposes to decrease the
                                                    Pricing Schedule at Section I, entitled                    per contract Specialist and Market                      Simple Order Fees for Removing
                                                    ‘‘Rebates and Fees for Adding and                          Maker SPY Simple Order Rebate for                       Liquidity and assess a $0.43 per contract
                                                    Removing Liquidity in SPY,’’ to (i)                        Adding Liquidity to participants that                   Customer Simple Order Fee for
                                                    amend the Specialist 3 and Market                          add 1 to 2,499 electronically executed                  Removing Liquidity in SPY and a $0.47
                                                    Maker 4 Rebate for Adding Liquidity in                     Simple Order contracts per day in a                     per contract Simple Order Fee for
                                                    Simple Orders; and (ii) reduce all Fees                    month in SPY. The Exchange proposes                     Removing Liquidity in SPY to
                                                    for Removing Liquidity in Simple                           to pay a $0.20 per contract Specialist                  Specialists, Market Makers, Firms,
                                                    Orders. The amendments will be                             and Market Maker SPY Simple Order                       Broker-Dealers and Professionals. The
                                                    described in greater detail below.                         Rebate for Adding Liquidity to                          Exchange believes that the reduction of
                                                       Fees and rebates applicable to options                  participants that add 2,500 to 4,999                    the Simple Order Fees for Removing
                                                    overlying Standard and Poor’s                              electronically executed Simple Order                    Liquidity in SPY will encourage
                                                    Depositary Receipts/SPDRs (‘‘SPY’’) 5                      contracts per day in a month in SPY.                    participants to send additional order
                                                    are located in Section I of the                            The Exchange proposes to pay a $0.25                    flow to the Exchange.
                                                    Exchange’s Pricing Schedule. The                           per contract Specialist and Market
                                                                                                               Maker SPY Simple Order Rebate for                       Cross-Reference and Marketing Fee
                                                    Exchange specifies which fees and
                                                    rebates apply to Simple Orders and                         Adding Liquidity to participants that                     The Exchange proposes to correct a
                                                    Complex Orders.6 This proposal                             add 5,000 to 19,999 electronically                      typographical error related to a cross
                                                    specifically applies to Simple Order                       executed Simple Order contracts per                     reference in the beginning of this
                                                    pricing in SPY in Part A. The Exchange                     day in a month in SPY. Finally, the                     section by removing the reference to
                                                                                                               Exchange proposes to pay a $0.30 per                    Section ‘‘C’’ and properly adding the
                                                       3 The term ‘‘Specialist’’ applies to transactions for   contract Specialist and Market Maker                    Section ‘‘I’’ reference.
                                                    the account of a Specialist (as defined in Exchange        SPY Simple Order Rebate for Adding                        The Exchange proposes to replace the
                                                    Rule 1020(a)).                                                                                                     words ‘‘Payment for Order Flow Fee’’
                                                       4 The term ‘‘Market Maker’’ describes fees and
                                                                                                               Liquidity to participants that add greater
                                                    rebates applicable to Registered Options Traders           than 20,000 electronically executed                     with the words ‘‘Marketing Fee’’ to
                                                    (‘‘ROT’’), Streaming Quote Traders (‘‘SQT’’) and           Simple Order contracts per day in a                     conform this term throughout the
                                                    Remote Streaming Quote Traders (‘‘RSQT’’). A ROT           month in SPY. The Exchange believes                     Pricing Schedule. The Exchange
                                                    is defined in Exchange Rule 1014(b) as a regular           that the proposed four tier rebate                      recently amended this term throughout
                                                    member of the Exchange located on the trading
                                                    floor who has received permission from the                 structure would incentive market                        the Pricing Schedule in a prior rule
                                                    Exchange to trade in options for his own account.          participants to add more Specialist and                 change and inadvertently did not mark
                                                    A ROT includes SQTs and RSQTs as well as on and            Market Maker liquidity in SPY on the                    this term to be amended as well.13
                                                    off-floor ROTS. An SQT is defined in Exchange
                                                    Rule 1014(b)(ii)(A) as an ROT who has received
                                                                                                               Exchange.                                               2. Statutory Basis
                                                    permission from the Exchange to generate and                  Today, if a SPY transaction originates
                                                    submit option quotations electronically in options         from the Exchange floor, that                             The Exchange believes that its
                                                    to which such SQT is assigned. An RSQT is defined          transaction is subject to the Multiply                  proposal is consistent with Section 6(b)
                                                    in Exchange Rule in 1014(b)(ii)(B) as an ROT that                                                                  of the Act 14 in general, and furthers the
                                                    is a member affiliated with an RSQTO with no
                                                                                                               Listed Options Fees.7 However, if one
                                                    physical trading floor presence who has received           side of the transaction originates on the
                                                                                                                                                                          9 The term ‘‘Customer’’ applies to any transaction
                                                    permission from the Exchange to generate and               Exchange floor and any other side of the
                                                    submit option quotations electronically in options                                                                 that is identified by a member or member
                                                                                                               trade was the result of an electronically               organization for clearing in the Customer range at
                                                    to which such RSQT has been assigned. A Remote
                                                    Streaming Quote Trader Organization or ‘‘RSQTO,’’
                                                                                                               submitted order or a quote, then the                    The Options Clearing Corporation which is not for
                                                    which may also be referred to as a Remote Market           Section I fees apply to the transactions                the account of a broker or dealer or for the account
                                                    Making Organization (‘‘RMO’’), is a member                 which originated on the Exchange floor                  of a ‘‘Professional’’ (as that term is defined in Rule
                                                    organization in good standing that satisfies the                                                                   1000(b)(14)).
                                                                                                               and contracts that are executed                            10 The term ‘‘Firm’’ applies to any transaction that
                                                    RSQTO readiness requirements in Rule 507(a).
                                                       5 Options overlying Standard and Poor’s
                                                                                                               electronically on all sides of the                      is identified by a member or member organization
                                                    Depositary Receipts/SPDRs (‘‘SPY’’) are based on           transaction.8 The Exchange will                         for clearing in the Firm range at The Options
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                                                    the SPDR exchange-traded fund (‘‘ETF’’), which is          continue to treat the one side of the                   Clearing Corporation.
                                                                                                                                                                          11 The term ‘‘Broker-Dealer’’ applies to any
                                                    designed to track the performance of the S&P 500           transaction which originates on the
                                                    Index.                                                                                                             transaction which is not subject to any of the other
                                                                                                               Exchange floor in the same manner and                   transaction fees applicable within a particular
                                                       6 A Complex Order is an order involving the

                                                    simultaneous purchase and/or sale of two or more
                                                                                                               will count the one side of the                          category.
                                                                                                                                                                          12 The term ‘‘Professional’’ applies to transactions
                                                    different options series in the same underlying
                                                    security, priced as a net debit or credit based on the       7 See Multiply Listed Options Fees in Section II      for the accounts of Professionals, as defined in
                                                    relative prices of the individual components, for the      of the Exchange’s Pricing Schedule.                     Exchange Rule 1000(b)(14).
                                                                                                                                                                          13 See SR–Phlx–2016–30 (not yet published).
                                                    same account, for the purpose of executing a                 8 See Part C of Section I of the Exchange’s Pricing

                                                    particular investment strategy.                            Schedule.                                                  14 15 U.S.C. 78f(b).




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                                                                                  Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Notices                                             14511

                                                    objectives of Sections 6(b)(4) and 6(b)(5)                  The Exchange continues to offer                      and orderly market, and not make bids
                                                    of the Act 15 in particular, in that it                  pricing specific to SPY because these                   or offers or enter into transactions that
                                                    provides for the equitable allocation of                 options are currently the most actively                 are inconsistent with a course of
                                                    reasonable dues, fees and other charges                  traded options class. Pricing by symbol                 dealings. The differentiation as between
                                                    among members and issuers and other                      is a common practice on many U.S.                       Specialists and Market Makers and all
                                                    persons using any facility or system                     options exchanges as a means to                         other market participants recognizes the
                                                    which the Exchange operates or                           incentive order flow to be sent to an                   differing contributions made to the
                                                    controls, and is not designed to permit                  exchange for execution.21                               liquidity and trading environment on
                                                    unfair discrimination between                                                                                    the Exchange by these market
                                                                                                             Simple Order—Rebate for Adding
                                                    customers, issuers, brokers, or dealers.                                                                         participants. An increase in the activity
                                                                                                             Liquidity
                                                       The Commission and the courts have                                                                            of these market participants in turn
                                                                                                                The Exchange’s proposal to replace                   facilitates tighter spreads, which may
                                                    repeatedly expressed their preference
                                                                                                             the $0.20 per contract SPY Simple                       cause an additional corresponding
                                                    for competition over regulatory
                                                                                                             Order Rebate for Adding Liquidity with                  increase in order flow from other market
                                                    intervention in determining prices,
                                                                                                             tiered rebates is reasonable because the                participants.
                                                    products, and services in the securities
                                                                                                             Exchange desires to incentivize market                     The Exchange believes that
                                                    markets. In Regulation NMS, while
                                                                                                             participants to transact a greater number               continuing to pay the Simple Order
                                                    adopting a series of steps to improve the
                                                                                                             of SPY options. All participants [sic]                  Rebate for Adding Liquidity [sic] to all
                                                    current market model, the Commission
                                                                                                             will continue to receive a SPY Simple                   [sic] transactions executed within the
                                                    highlighted the importance of market                     Order Rebate for Adding Liquidity for                   Exchange’s order book, including
                                                    forces in determining prices and SRO                     Specialists and Market Makers provided                  transactions where one side of the
                                                    revenues and, also, recognized that                      they execute one electronic Simple                      transaction originates on the Exchange
                                                    current regulation of the market system                  Order SPY contract. In some cases, the                  floor and any other side of the trade was
                                                    ‘‘has been remarkably successful in                      rebate will be lower, if 2,499 or less                  the result of an electronically submitted
                                                    promoting market competition in its                      electronic Simple Order SPY contracts                   order or a quote, is reasonable because
                                                    broader forms that are most important to                 are added, the SPY Simple Order Rebate                  the Exchange’s treatment of these orders
                                                    investors and listed companies.’’ 16                     for Adding Liquidity for Specialists and                is consistent with its treatment of all
                                                    Likewise, in NetCoalition v. Securities                  Market Makers will be $0.15 as                          other orders executed in the order book
                                                    and Exchange Commission 17                               compared to $0.20 per contract (today’s                 as compared to a floor order executed
                                                    (‘‘NetCoalition’’) the DC Circuit upheld                 rebate). Despite this decrease, the                     on the Exchange’s trading floor. Further,
                                                    the Commission’s use of a market-based                   Exchange believes that participants will                the Exchange believes it is reasonable to
                                                    approach in evaluating the fairness of                   continue to be incentivized to add SPY                  count the one side of the transaction
                                                    market data fees against a challenge                     order flow to the Exchange to receive                   which originates on the Exchange floor
                                                    claiming that Congress mandated a cost-                  the rebate. With this proposal, the                     toward the number of contracts to
                                                    based approach.18 As the court                           Exchange is also offering the                           qualify for the Simple Order Rebate for
                                                    emphasized, the Commission ‘‘intended                    opportunity to earn higher rebates                      Adding Liquidity for Specialists and
                                                    in Regulation NMS that ‘market forces,                   provided the participant adds at least                  Market Makers in SPY because this
                                                    rather than regulatory requirements’                     5,000 electronic Simple Order SPY                       treatment of the floor order which
                                                    play a role in determining the market                    contracts.22 In some cases the rebate                   executes in the order book is consistent
                                                    data . . . to be made available to                       will remain the same.23 The Exchange                    with the treatment of all other
                                                    investors and at what cost.’’ 19                         believes that the rebate will continue to               electronically executed orders which
                                                       Further, ‘‘[n]o one disputes that                     encourage participants to direct SPY                    qualify for the Section I pricing.
                                                    competition for order flow is ‘fierce.’                  order flow to the Exchange.                                The Exchange believes that
                                                    . . . As the SEC explained, ‘[i]n the U.S.                  The Exchange’s proposal to replace                   continuing to pay the Simple Order
                                                    national market system, buyers and                       the $0.20 per contract SPY Simple                       Rebate for Adding Liquidity to all
                                                    sellers of securities, and the broker-                   Order Rebate for Adding Liquidity for                   transactions executed within the
                                                    dealers that act as their order-routing                  Specialists and Market Makers with                      Exchange’s order book, including
                                                    agents, have a wide range of choices of                  tiered rebates is equitable and not                     transactions where one side of the
                                                    where to route orders for execution’;                    unfairly discriminatory because                         transaction originates on the Exchange
                                                    [and] ‘no exchange can afford to take its                Specialists and Market Makers have                      floor and any other side of the trade was
                                                    market share percentages for granted’                    obligations to the market and regulatory                the result of an electronically submitted
                                                    because ‘no exchange possesses a                         requirements, which normally do not                     order or a quote, is equitable and not
                                                    monopoly, regulatory or otherwise, in                    apply to other market participants.24                   unfairly discriminatory because the
                                                    the execution of order flow from broker                  They have obligations to make                           Exchange is treating these orders similar
                                                    dealers’. . . . ’’ 20 Although the court                 continuous markets, engage in a course                  to all other orders executed in the order
                                                    and the SEC were discussing the cash                     of dealings reasonably calculated to                    book as compared to a floor order
                                                    equities markets, the Exchange believes                  contribute to the maintenance of a fair                 executed on the Exchange’s trading
                                                    that these views apply with equal force                                                                          floor. Further, the Exchange believes it
                                                    to the options markets.                                     21 See International Securities Exchange LLC’s       is equitable and not unfairly
                                                                                                             (‘‘ISE’’) Schedule of Fees.                             discriminatory to count the one side of
                                                                                                                22 The Exchange will pay a $0.25 per contract
                                                                                                                                                                     the transaction which originates on the
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                                                      15 15  U.S.C. 78f(b)(4) and (5).                       rebate if participant adds 5,000 to 19,999 contracts
                                                      16 Securities  Exchange Act Release No. 51808 at       per day in a month and a $0.30 per contract rebate      Exchange floor toward the number of
                                                    37499 (June 9, 2005) (‘‘Regulation NMS Adopting          if participant adds greater than 20,000 contracts per   contracts to qualify for the Simple Order
                                                    Release’’).                                              day in a month in SPY.                                  Rebate for Adding Liquidity for
                                                      17 NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir.           23 The Exchange will continue to pay a $0.20 per
                                                                                                                                                                     Specialists and Market Makers because
                                                    2010).                                                   contract rebate if participant adds 2,500 to 4,999
                                                      18 See NetCoalition, at 534.                                                                                   today all electronically executed orders
                                                                                                             contracts per day in a month in SPY.
                                                      19 Id. at 537.                                            24 See Rule 1014 titled ‘‘Obligations and            qualify for the Section I pricing. The
                                                      20 Id. at 539 (quoting ArcaBook Order, 73 FR at        Restrictions Applicable to Specialists and              transaction where one side of the
                                                    74782–74783).                                            Registered Options Traders.’’                           transaction originates on the Exchange


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                                                    14512                        Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Notices

                                                    floor and any other side of the trade was               B. Self-Regulatory Organization’s                        have obligations to the market and
                                                    the result of an electronically submitted               Statement on Burden on Competition                       regulatory requirements, which
                                                    order or a quote will be treated in the                    The Exchange does not believe that                    normally do not apply to other market
                                                    same manner as all other orders                         the proposed rule change will impose                     participants.26 The differentiation as
                                                    executed in the order book.                             any burden on competition not                            between Specialists and Market Makers
                                                                                                            necessary or appropriate in furtherance                  and other market participants
                                                    Simple Order—Fee for Removing                                                                                    recognizes the differing contributions
                                                    Liquidity                                               of the purposes of the Act. In terms of
                                                                                                                                                                     made to the liquidity and trading
                                                                                                            inter-market competition, the Exchange
                                                                                                                                                                     environment on the Exchange by these
                                                       The Exchange’s proposal to decrease                  notes that it operates in a highly
                                                                                                                                                                     market participants. An increase in the
                                                    the Customer Simple Order Fee in SPY                    competitive market in which market
                                                                                                                                                                     activity of these market participants in
                                                    for Removing Liquidity from $0.44 to                    participants can readily favor competing
                                                                                                                                                                     turn facilitates tighter spreads, which
                                                    $0.43 per contract and all other Simple                 venues if they deem fee levels at a
                                                                                                                                                                     may cause an additional corresponding
                                                    Order Fees for Removing Liquidity in                    particular venue to be excessive, or
                                                                                                                                                                     increase in order flow from other market
                                                    SPY for Specialists, Market Makers,                     rebate opportunities available at other
                                                                                                                                                                     participants.
                                                    Firms, Broker-Dealers and Professionals                 venues to be more favorable. In such an                     The Exchange believes that
                                                    from $0.49 to $0.47 per contract is                     environment, the Exchange must                           continuing to pay the SPY Simple Order
                                                    reasonable because the reduction of                     continually adjust its fees to remain                    Rebate for Adding Liquidity to all
                                                    these fees will encourage participants to               competitive with other exchanges and                     transactions executed within the
                                                    send additional order flow to the                       with alternative trading systems that                    Exchange’s order book, including
                                                    Exchange.                                               have been exempted from compliance                       transactions where one side of the
                                                                                                            with the statutory standards applicable                  transaction originates on the Exchange
                                                       The Exchange’s proposal to decrease                  to exchanges. Because competitors are
                                                    the Customer Simple Order Fee for                                                                                floor and any other side of the trade was
                                                                                                            free to modify their own fees in                         the result of an electronically submitted
                                                    Removing Liquidity in SPY from $0.44                    response, and because market
                                                    to $0.43 per contract and all other                                                                              order or a quote, does not impose an
                                                                                                            participants may readily adjust their                    undue burden on intra-market
                                                    Simple Order Fees for Removing                          order routing practices, the Exchange
                                                    Liquidity in SPY for Specialists, Market                                                                         competition because the Exchange is
                                                                                                            believes that the degree to which fee                    treating these orders similar to all other
                                                    Makers, Firms, Broker-Dealers and                       changes in this market may impose any
                                                    Professionals from $0.49 to $0.47 per                                                                            orders executed in the order book as
                                                                                                            burden on competition is extremely                       compared to a floor order executed on
                                                    contract is equitable and not unfairly                  limited.                                                 the Exchange’s trading floor. Further,
                                                    discriminatory because all participants                    In terms of intra-market competition,                 the Exchange believes counting the one
                                                    will be assessed the same lower Simple                  the Exchange believes that its proposed                  side of the transaction which originates
                                                    Order Fee for Removing Liquidity in                     rebates and fees continue to remain                      on the Exchange floor toward the
                                                    SPY of $0.47 per contract, except for                   competitive in SPY, which is the most                    number of contracts to qualify for the
                                                    Customers. The Exchange believes that                   actively traded options class.25 In sum,                 SPY Simple Order Rebate for Adding
                                                    assessing Customers a lower fee is                      if the changes proposed herein are                       Liquidity for Specialists and Market
                                                    equitable and not unfairly                              unattractive to market participants, it is               Makers does not impose an undue
                                                    discriminatory because Customer orders                  likely that the Exchange will lose                       burden on intra-market competition
                                                    bring valuable liquidity to the market,                 market share as a result. Accordingly,                   because today all electronically
                                                    which liquidity benefits other market                   the Exchange does not believe that the                   executed orders qualify for the Section
                                                    participants. Customer liquidity benefits               proposed changes will impair the ability                 I pricing. The transaction where one
                                                    all market participants by providing                    of members or competing order                            side of the transaction originates on the
                                                    more trading opportunities, which                       execution venues to maintain their                       Exchange floor and any other side of the
                                                    attracts Specialists and Market Makers.                 competitive standing in the financial                    trade was the result of an electronically
                                                    An increase in the activity of these                    markets.                                                 submitted order or a quote will be
                                                    market participants in turn facilitates                                                                          treated in the same manner as all other
                                                                                                            Simple Order—Rebate for Adding
                                                    tighter spreads, which may cause an                                                                              orders executed in the order book.
                                                                                                            Liquidity
                                                    additional corresponding increase in
                                                    order flow from other market                               The Exchange’s proposal to replace                    Simple Order—Fee for Removing
                                                    participants.                                           the $0.20 per contract SPY Simple                        Liquidity
                                                                                                            Order Rebate for Adding Liquidity with                     The Exchange’s proposal to decrease
                                                    Cross-Reference and Marketing Fee                       tiered rebates does not impose an undue                  the Customer Simple Order for
                                                      The Exchange’s proposal to correct a                  burden on intra-market competition                       Removing Liquidity in SPY from $0.44
                                                    typographical error related to a cross                  because Specialists and Market Makers                    to $0.43 per contract and all other
                                                    reference is reasonable, equitable and                                                                           Simple Order Fees for Removing
                                                                                                               25 The Exchange continues to incentive market
                                                    not unfairly discriminatory because it                                                                           Liquidity in SPY for Specialists, Market
                                                                                                            participants to transact SPY by offering rebates in
                                                    will clarify the Pricing Schedule. This                 this Penny Pilot Option similar to ISE which pays        Makers, Firms, Broker-Dealers and
                                                    amendment is non-substantive.                           rebates on Penny Pilot Options. See ISE’s Fee            Professionals from $0.49 to $0.47 per
                                                                                                            Schedule. ISE Gemini, LLC (‘‘ISE Gemini’’) assesses      contract does not impose an undue
                                                      The Exchange’s proposal to replace
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                                                                                                            a SPY tiered taker fee ranging from $0.44 to $0.45       burden on intra-market competition
                                                    the words ‘‘Payment for Order Flow                      for a priority customer and a tiered taker fee ranging
                                                                                                                                                                     because all participants will be assessed
                                                    Fee’’ with the words ‘‘Marketing Fee’’ is               from $0.48 to $0.49 per contract for all other market
                                                                                                            participants. See ISE Gemini’s Fee Schedule. Also,
                                                    reasonable, equitable and not unfairly                  the Exchange’s Simple Order Fee for Removing               26 See note 24. Specialists and Market Makers

                                                    discriminatory because the proposal                     Liquidity in SPY is lower as compared to pricing         have obligations to make continuous markets,
                                                    will conform the rule text to other parts               at C2 Options Exchange, Incorporated (‘‘C2’’). C2’s      engage in a course of dealings reasonably calculated
                                                                                                            penny pilot options pricing is $0.47 per contract for    to contribute to the maintenance of a fair and
                                                    of the Rulebook. The usage of the term                  Priority [sic] Customers and $0.48 per contract for      orderly market, and not make bids or offers or enter
                                                    Marketing Fee would be consistent                       all other participants when removing liquidity. See      into transactions that are inconsistent with a course
                                                    throughout the Rulebook.                                C2’s Fees Schedule.                                      of dealings.



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                                                                                         Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Notices                                               14513

                                                    the same lower Simple Order Fee for                        Electronic Comments                                    SECURITIES AND EXCHANGE
                                                    Removing Liquidity in SPY of $0.47 per                                                                            COMMISSION
                                                    contract, except for Customers.                              • Use the Commission’s Internet
                                                    Customer orders bring valuable liquidity                   comment form (http://www.sec.gov/
                                                                                                                                                                      [Release No. 34–77352; SR–NYSEArca–
                                                    to the market, which liquidity benefits                    rules/sro.shtml); or
                                                                                                                                                                      2015–68]
                                                    other market participants. Customer                          • Send an email to rule-comments@
                                                    liquidity benefits all market participants                 sec.gov. Please include File Number SR–                Self-Regulatory Organizations; NYSE
                                                    by providing more trading                                  Phlx–2016–33 on the subject line.                      Arca, Inc.; Notice of Withdrawal of a
                                                    opportunities, which attracts Specialists                                                                         Proposed Rule Change Relating To
                                                    and Market Makers. An increase in the                      Paper Comments                                         Implementation of a Fee on Securities
                                                    activity of these market participants in                                                                          Lending and Repurchase Transactions
                                                                                                                 • Send paper comments in triplicate
                                                    turn facilitates tighter spreads, which                                                                           With Respect to Shares of the
                                                                                                               to Secretary, Securities and Exchange
                                                    may cause an additional corresponding                                                                             CurrencyShares® Euro Trust and the
                                                    increase in order flow from other market                   Commission, 100 F Street NE.,
                                                                                                               Washington, DC 20549–1090.                             CurrencyShares® Japanese Yen Trust
                                                    participants.
                                                                                                               All submissions should refer to File                   March 11, 2016.
                                                    Cross-Reference and Marketing Fee
                                                                                                               Number SR–Phlx–2016–33. This file                         On July 30, 2015, NYSE Arca, Inc.
                                                      The Exchange’s proposal to correct a                     number should be included on the                       (‘‘Exchange’’) filed with the Securities
                                                    typographical error related to a cross                     subject line if email is used. To help the             and Exchange Commission
                                                    reference does not impose an undue                         Commission process and review your                     (‘‘Commission’’), pursuant to Section
                                                    burden on intra-market competition                         comments more efficiently, please use                  19(b)(1) of the Securities Exchange Act
                                                    because the amendment is non-                              only one method. The Commission will                   of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                    substantive.                                               post all comments on the Commission’s                  thereunder,2 a proposed rule change
                                                      The Exchange’s proposal to replace                       Internet Web site (http://www.sec.gov/                 relating to implementation of a fee on
                                                    the words ‘‘Payment for Order Flow                         rules/sro.shtml). Copies of the                        securities lending and repurchase
                                                    Fee’’ with the words ‘‘Marketing Fee’’                                                                            transactions with respect to shares of
                                                                                                               submission, all subsequent
                                                    does not impose an undue burden on                                                                                the CurrencyShares® Euro Trust and the
                                                                                                               amendments, all written statements
                                                    intra-market competition because the                                                                              CurrencyShares® Japanese Yen Trust,
                                                                                                               with respect to the proposed rule
                                                    proposal will conform the rule text to                                                                            which are currently listed and trading
                                                    other parts of the Rulebook.                               change that are filed with the
                                                                                                               Commission, and all written                            on the Exchange under NYSE Arca
                                                    C. Self-Regulatory Organization’s                                                                                 Equities Rule 8.202. The proposed rule
                                                                                                               communications relating to the
                                                    Statement on Comments on the                                                                                      change was published for comment in
                                                                                                               proposed rule change between the
                                                    Proposed Rule Change Received From                                                                                the Federal Register on August 20,
                                                                                                               Commission and any person, other than
                                                    Members, Participants, or Others                                                                                  2015.3
                                                                                                               those that may be withheld from the
                                                                                                               public in accordance with the                             On September 18, 2015, pursuant to
                                                      No written comments were either
                                                                                                               provisions of 5 U.S.C. 552, will be                    Section 19(b)(2) of the Act,4 the
                                                    solicited or received.
                                                                                                               available for Web site viewing and                     Commission designated a longer period
                                                    III. Date of Effectiveness of the                                                                                 within which to approve the proposed
                                                                                                               printing in the Commission’s Public
                                                    Proposed Rule Change and Timing for                                                                               rule change, disapprove the proposed
                                                                                                               Reference Room, 100 F Street NE.,
                                                    Commission Action                                                                                                 rule change, or institute proceedings to
                                                                                                               Washington, DC 20549, on official
                                                       The foregoing rule change has become                                                                           determine whether to disapprove the
                                                                                                               business days between the hours of                     proposed rule change.5 On November
                                                    effective pursuant to Section                              10:00 a.m. and 3:00 p.m. Copies of the
                                                    19(b)(3)(A)(ii) of the Act.27                                                                                     18, 2016, the Commission instituted
                                                                                                               filing also will be available for                      proceedings under Section 19(b)(2)(B) of
                                                       At any time within 60 days of the                       inspection and copying at the principal                the Act 6 to determine whether to
                                                    filing of the proposed rule change, the                    office of the Exchange. All comments                   approve or disapprove the proposed
                                                    Commission summarily may                                   received will be posted without change;                rule change.7 On February 12, 2016,
                                                    temporarily suspend such rule change if                    the Commission does not edit personal                  pursuant to Section 19(b)(2) of the Act,8
                                                    it appears to the Commission that such                     identifying information from                           the Commission designated a longer
                                                    action is: (i) Necessary or appropriate in                 submissions. You should submit only                    period within which to take action on
                                                    the public interest; (ii) for the protection               information that you wish to make                      proceedings to determine whether to
                                                    of investors; or (iii) otherwise in                        available publicly. All submissions                    approve or disapprove the proposed
                                                    furtherance of the purposes of the Act.
                                                                                                               should refer to File Number SR–Phlx–
                                                    If the Commission takes such action, the
                                                                                                               2016–33 and should be submitted on or                    1 15 U.S.C. 78s(b)(1).
                                                    Commission shall institute proceedings
                                                    to determine whether the proposed rule                     before April 7, 2016.                                    2 17 CFR 240.19b–4.
                                                                                                                                                                        3 See Securities Exchange Act Release No. 75698
                                                    should be approved or disapproved.                           For the Commission, by the Division of               (Aug. 14, 2015), 80 FR 50701.
                                                                                                               Trading and Markets, pursuant to delegated               4 15 U.S.C. 78s(b)(2).
                                                    IV. Solicitation of Comments                               authority.28                                             5 See Securities Exchange Act Release No. 75945,

                                                      Interested persons are invited to                        Lynn M. Powalski,                                      80 FR 57645 (Sept. 24, 2015). The Commission
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                                                                                                                                                                      designated a longer period within which to take
                                                    submit written data, views, and                            Deputy Secretary.                                      action on the proposed rule change and designated
                                                    arguments concerning the foregoing,                        [FR Doc. 2016–05975 Filed 3–16–16; 8:45 am]            November 18, 2015, as the date by which it should
                                                    including whether the proposed rule                                                                               approve, disapprove, or institute proceedings to
                                                                                                               BILLING CODE 8011–01–P                                 determine whether to disapprove the proposed rule
                                                    change is consistent with the Act.
                                                                                                                                                                      change.
                                                    Comments may be submitted by any of                                                                                 6 15 U.S.C. 78s(b)(2)(B).
                                                    the following methods:                                                                                              7 See Securities Exchange Act Release No. 76472,

                                                                                                                                                                      80 FR 73258 (Nov. 24, 2015).
                                                      27 15   U.S.C. 78s(b)(3)(A)(ii).                           28 17   CFR 200.30–3(a)(12).                           8 15 U.S.C. 78s(b)(2).




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Document Created: 2016-03-17 00:58:51
Document Modified: 2016-03-17 00:58:51
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 14509 

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