81 FR 2271 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Chapter VIII of the Pricing Schedule
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 81, Issue 10 (January 15, 2016)
Federal Register Volume 81, Issue 10 (January 15, 2016)
| Page Range | 2271-2273 | |
| FR Document | 2016-00643 |
[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)] [Notices] [Pages 2271-2273] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-00643] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-76867; File No. SR-Phlx-2015-115] Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Chapter VIII of the Pricing Schedule January 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 December 29, 2015, NASDAQ OMX PHLX LLC [[Page 2272]] (``Phlx'' or ``Exchange'') filed with the Securities and Exchange Commission (``SEC'' or ``Commission'') the proposed rule change as described in Items I, II, and III, below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend Chapter VIII of the Pricing Schedule to clarify the connectivity options and application of the fees assessed thereunder. The text of the proposed rule change is available on the Exchange's Web site at http://nasdaqomxphlx.cchwallstreet.com/, at the principal office of the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose Chapter VIII of the Pricing Schedule provides the charges Phlx assesses for equity securities market connectivity to systems operated by Phlx. Phlx is amending Chapter VIII of the Pricing Schedule in four ways: (1) To clarify the term ``port pair''; (2) to clarify the connectivity options available under the rule; (3) to eliminate internet ports as a connectivity option; and (4) to eliminate rule text concerning a waiver of fees of limited duration that has since expired. First, Phlx is proposing to clarify the use of the term ``port pair.'' For certain ports under Chapter VIII of the Pricing Schedule that are used for either trading or data, Phlx additionally provides a disaster recovery port at no cost. Such a disaster recovery port provides connectivity to Phlx's disaster recovery location in the event of a failure of Phlx's primary trading infrastructure. Phlx has provided disaster recovery ports at no cost since 2010 to encourage member organization to maintain such connectivity in the event of a market disruption so that the market as a whole could continue to operate. In the interest of clarity, the Exchange is proposing to eliminate the term port pair and to separately list disaster recovery ports as a connectivity option available at no cost under the rule. Second, Phlx is reorganizing and adding language to Chapter VIII of the Pricing Schedule to list all connectivity provided by Phlx under the rule, which is currently subsumed in a connectivity option and related fee. Specifically, the Exchange currently offers connectivity for $400 per port, per month for each port pair other than Multicast ITCH data feed pairs. Under the $400 per port, per month connectivity option a member organization may subscribe to an OUCH protocol trading port, a FIX Trading Port (either a FIX or FIX Lite protocol),\3\ RASH protocol trading port, and DROP ports. Phlx is listing separately each of the options available under the rule.\4\ --------------------------------------------------------------------------- \3\ A FIX port is a trading port using a FIX-based telecommunication protocol. FIX, an abbreviation for Financial Information eXchange, is a standard message protocol that defines an electronic message exchange for communicating securities transactions between two parties. Phlx offers two FIX-based trading ports, which vary based on messaging formats and capability. Phlx is proposing to list these two protocols as options under the rule that a member organization may select when subscribing to a FIX trading port. \4\ The Exchange is also deleting rule text concerning a port fee waiver of this connectivity option, which has since expired. --------------------------------------------------------------------------- Similarly, Phlx offers trading ports that may be used only in test mode. Member organizations may subscribe to these test mode trading ports at no cost, which are exclusively used for testing purposes and may not be used for trading in securities in the System. The Exchange is adding rule text noting that these test ports may be subscribed to under the rule. The Exchange also provides data retransmission ports at no cost. Data retransmission ports allow a subscriber to replay market data, in the event the data was missed in a live feed or for verification purposes. Data retransmission ports only allow replay of the current trading day and do not provide data concerning prior trading days' data. The Exchange is adding rule text noting that data retransmission ports may be subscribed to under the rule. Third, Phlx is proposing to eliminate Internet Ports. Internet ports are based on outdated technology and Phlx does not have any subscribers to this connectivity method. Fourth, the Exchange is proposing to eliminate rule text concerning a fee waiver of all Access Services fees for the first full six months during which Phlx's equities trading market, NASDAQ OMX PSX, operates. NASDAQ OMX PSX began operations in October, 2010.\5\ Thus, the Exchange is proposing to eliminate the unneeded text. --------------------------------------------------------------------------- \5\ Securities Exchange Act Release No. 62877 (September 9, 2010), 75 FR 56633 (September 16, 2010) (SR-Phlx-2010-79). --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes the proposed rule change is consistent with Section 6(b) of the Act,\6\ in general, and furthers the objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\7\ in particular, in that it provides for the equitable allocation of reasonable dues, fees and other charges among members and issuers and other persons using any facility or system which Phlx operates or controls, and is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest; and are not designed to permit unfair discrimination between customers, issuers, brokers, or dealers. --------------------------------------------------------------------------- \6\ 15 U.S.C. 78f (b). \7\ 15 U.S.C. 78f(b)(4) and (5). --------------------------------------------------------------------------- The Exchange believes that the clarifying changes to the rule protect investors and the public interest because they explicitly describe the fees assessed for all ports under the rule. Describing all services covered by the rule will serve to avoid investor confusion over the scope of what connectivity options are available, and the costs of such options. The Exchange notes that it is not adding new connectivity options or functionality, but is rather describing more specifically what is currently offered under the rule. In this regard, the Exchange is adding new rule text that describes all functionality available under each subparagraph of the rule, and is reorganizing some rule text under the rule in an effort to make the rule clearer. The Exchange notes that much of the new text concerns testing ports, and ports used in the event of a disaster or hardware failure. These ports help ensure that a fair and orderly market is [[Page 2273]] maintained by allowing member organizations to test their systems prior to connecting to the live trading environment, and to provide backup connectivity in the event of a failure or disaster. Thus, the Exchange believes the proposed clarifying changes are consistent with the protection of investors and the public interest. The Exchange believes that the proposed deletion of the Internet Port connectivity option is reasonable, equitably allocated, and not unfairly discriminatory because there are no subscribers to this connectivity option, which is based on outdated means of connecting to the Exchange. As a consequence, no member organizations will be impacted by deletion of the connectivity option. Likewise, the Exchange believes that the proposed deletion of the expired Access Services fee waiver rule text is reasonable, equitably allocated, and not unfairly discriminatory because the waiver is no longer in effect and therefore no member organizations will be impacted by the deletion. The Exchange notes that it is not altering the charges assessed for the remaining connectivity options under Chapter VIII of the Pricing Schedule. 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 that is not necessary or appropriate in furtherance of the purposes of the Act. Specifically, Phlx is making clarifying changes to Chapter VIII of the Pricing Schedule, which does not impose any burden on competition whatsoever. To the contrary, the proposed change facilitates competition by clarifying what connectivity options are provided by the Exchange, thereby informing other market venues a better understanding of what connectivity options are available for Phlx. With that better understanding, other market venues may improve existing connectivity options or offer new connectivity options to compete with Phlx. Accordingly, the proposed changes do not inhibit market participants' ability to compete among each other, nor do they impose any burden on competition among market venues, but rather may promote competition among market venues. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were either solicited or received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A)(iii) of the Act \8\ and subparagraph (f)(6) of Rule 19b-4 thereunder.\9\ 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. --------------------------------------------------------------------------- \8\ 15 U.S.C. 78s(b)(3)(a)(iii). \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement. --------------------------------------------------------------------------- IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-Phlx-2015-115 on the subject line. Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-Phlx-2015-115. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-Phlx-2015-115 and should be submitted on or before February 5, 2016. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\10\ --------------------------------------------------------------------------- \10\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Robert W. Errett, Deputy Secretary. [FR Doc. 2016-00643 Filed 1-14-16; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices 2271
shipping insurance valuation purposes associated with shipments of Custody number should be included on the
shall not be deemed as an agreement to Service securities. subject line if email is used. To help the
the price or valuation of the security, Commission process and review your
(B) Clearing Agency’s Statement on
and in no event shall DTC be bound or comments more efficiently, please use
Burden on Competition
required to use such price for this or any only one method. The Commission will
other purpose. DTC does not believe that the post all comments on the Commission’s
proposed rule change would have any Internet Web site (http://www.sec.gov/
Default Pricing and Participant- impact, or impose any burden, on
provided pricing are subject to DTC’s rules/sro.shtml). Copies of the
competition because it merely codifies submission, all subsequent
internal procedures to control, DTC’s current practice with respect to
safeguard and limit the risk of potential amendments, all written statements
shipping insurance valuation of Custody with respect to the proposed rule
loss of a high value certificate, as set Service securities and DTC’s
forth above. Participants should change that are filed with the
identification and management of the Commission, and all written
consider use of their own insurance for risks therein and does not otherwise
high value certificates in excess of the communications relating to the
impact users of DTC’s services. proposed rule change between the
Limit or in appropriate circumstances
(C) Clearing Agency’s Statement on Commission and any person, other than
they deem to be appropriate, in their
Comments on the Proposed Rule those that may be withheld from the
discretion.
Change Received From Members, public in accordance with the
Implementation Date Participants, or Others provisions of 5 U.S.C. 552, will be
available for Web site viewing and
The proposed rule change would Written comments relating to the printing in the Commission’s Public
become effective immediately. proposed rule change have not been Reference Room, 100 F Street NE.,
solicited or received. DTC will notify Washington, DC 20549 on official
2. Statutory Basis the Commission of any written business days between the hours of
comments received by DTC. 10:00 a.m. and 3:00 p.m. Copies of the
Section 17A(b)(3)(F) of the Act
requires that the rules of the clearing III. Date of Effectiveness of the filing also will be available for
agency be designed, inter alia, to assure Proposed Rule Change and Timing for inspection and copying at the principal
the safeguarding of securities and funds Commission Action office of DTC and on DTCC’s Web site
which are in the custody or control of (http://dtcc.com/legal/sec-rule-
The foregoing rule change has become
the clearing agency or for which it is filings.aspx). All comments received
effective pursuant to Section 19(b)(3)(A)
responsible.8 By codifying DTC’s will be posted without change; the
of the Act 10 and subparagraph (f)(1) of
current Default Pricing practice and the Commission does not edit personal
Rule 19b–4 thereunder.11 At any time
option for Participants to provide their identifying information from
within 60 days of the filing of the
own pricing, the proposed rule change submissions. You should submit only
proposed rule change, the Commission
provides transparency to DTC’s information that you wish to make
summarily may temporarily suspend
shipping insurance valuation procedure available publicly. All submissions
such rule change if it appears to the
for Custody Service securities, should refer to File Number SR–DTC–
Commission that such action is
facilitating Participants’ consideration 2016–001 and should be submitted on
necessary or appropriate in the public
of their insurance options for such or before February 5, 2016.
interest, for the protection of investors,
securities. Therefore, DTC believes that or otherwise in furtherance of the For the Commission, by the Division of
the proposed rule change would aid in purposes of the Act. Trading and Markets, pursuant to delegated
assuring the safeguarding of Custody authority.12
Service securities and is consistent with IV. Solicitation of Comments Robert W. Errett,
the requirements of the Act, in Interested persons are invited to Deputy Secretary.
particular, Section 17A(b)(3)(F) of the submit written data, views and [FR Doc. 2016–00646 Filed 1–14–16; 8:45 am]
Act, cited above. arguments concerning the foregoing, BILLING CODE 8011–01–P
Rule 17Ad–22(d)(15) promulgated including whether the proposed rule
under the Act requires, inter alia, that change is consistent with the Act.
a clearing agency establish, implement, Comments may be submitted by any of SECURITIES AND EXCHANGE
maintain and enforce written policies the following methods: COMMISSION
and procedures reasonably designed to Electronic Comments [Release No. 34–76867; File No. SR–Phlx–
state to its participants the clearing • Use the Commission’s Internet
2015–115]
agency’s obligations with respect to comment form (http://www.sec.gov/
physical deliveries and identify and Self-Regulatory Organizations;
rules/sro.shtml); or NASDAQ OMX PHLX LLC; Notice of
manage the risks from these • Send an email to rule-comments@
obligations.9 DTC believes the proposed Filing and Immediate Effectiveness of
sec.gov. Please include File Number SR– Proposed Rule Change To Amend
rule change is consistent with this DTC–2016–001 on the subject line.
provision because codifying DTC’s Chapter VIII of the Pricing Schedule
current practice would provide Paper Comments
January 11, 2016.
transparency with respect to DTC’s • Send paper comments in triplicate Pursuant to Section 19(b)(1) of the
mstockstill on DSK4VPTVN1PROD with NOTICES
procedures for assigning a value to to Secretary, Securities and Exchange Securities Exchange Act of 1934
physical securities held in the Custody Commission, 100 F Street NE., (‘‘Act’’),1 and Rule 19b–4 thereunder,2
Service for shipping insurance valuation Washington, DC 20549–1090. notice is hereby given that on December
purposes, and therefore is reasonably All submissions should refer to File 29, 2015, NASDAQ OMX PHLX LLC
designed to identify and manage risks Number SR–DTC–2016–001. This file
12 17 CFR 200.30–3(a)(12).
8 15 U.S.C. 78q–1(b)(3)(F). 10 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1).
9 17 CFR 240.17Ad–22(d)(15). 11 17 CFR 240.19b–4(f)(1). 2 17 CFR 240.19b–4.
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![Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices 2273
maintained by allowing member III. Date of Effectiveness of the submission, all subsequent
organizations to test their systems prior Proposed Rule Change and Timing for amendments, all written statements
to connecting to the live trading Commission Action with respect to the proposed rule
environment, and to provide backup Because the foregoing proposed rule change that are filed with the
connectivity in the event of a failure or change does not: (i) Significantly affect Commission, and all written
disaster. Thus, the Exchange believes the protection of investors or the public communications relating to the
the proposed clarifying changes are interest; (ii) impose any significant proposed rule change between the
consistent with the protection of burden on competition; and (iii) become Commission and any person, other than
investors and the public interest. operative for 30 days from the date on those that may be withheld from the
The Exchange believes that the which it was filed, or such shorter time public in accordance with the
proposed deletion of the Internet Port as the Commission may designate, it has provisions of 5 U.S.C. 552, will be
connectivity option is reasonable, become effective pursuant to Section available for Web site viewing and
equitably allocated, and not unfairly 19(b)(3)(A)(iii) of the Act 8 and printing in the Commission’s Public
discriminatory because there are no subparagraph (f)(6) of Rule 19b–4 Reference Room, 100 F Street NE.,
subscribers to this connectivity option, thereunder.9 At any time within 60 days Washington, DC 20549, on official
which is based on outdated means of of the filing of the proposed rule change, business days between the hours of
connecting to the Exchange. As a the Commission summarily may 10:00 a.m. and 3:00 p.m. Copies of the
consequence, no member organizations temporarily suspend such rule change if filing also will be available for
will be impacted by deletion of the it appears to the Commission that such inspection and copying at the principal
connectivity option. Likewise, the action is: (i) Necessary or appropriate in office of the Exchange. All comments
Exchange believes that the proposed the public interest; (ii) for the protection received will be posted without change;
deletion of the expired Access Services of investors; or (iii) otherwise in the Commission does not edit personal
fee waiver rule text is reasonable, furtherance of the purposes of the Act. identifying information from
equitably allocated, and not unfairly If the Commission takes such action, the submissions. You should submit only
discriminatory because the waiver is no Commission shall institute proceedings information that you wish to make
longer in effect and therefore no to determine whether the proposed rule available publicly. All submissions
member organizations will be impacted should be approved or disapproved. should refer to File Number SR–Phlx–
by the deletion. The Exchange notes that 2015–115 and should be submitted on
it is not altering the charges assessed for IV. Solicitation of Comments or before February 5, 2016.
the remaining connectivity options Interested persons are invited to For the Commission, by the Division of
under Chapter VIII of the Pricing submit written data, views, and Trading and Markets, pursuant to delegated
Schedule. arguments concerning the foregoing, authority.10
including whether the proposed rule Robert W. Errett,
B. Self-Regulatory Organization’s
change is consistent with the Act. Deputy Secretary.
Statement on Burden on Competition
Comments may be submitted by any of [FR Doc. 2016–00643 Filed 1–14–16; 8:45 am]
The Exchange does not believe that the following methods: BILLING CODE 8011–01–P
the proposed rule change will impose Electronic Comments
any burden on competition that is not
necessary or appropriate in furtherance • Use the Commission’s Internet SECURITIES AND EXCHANGE
of the purposes of the Act. Specifically, comment form (http://www.sec.gov/ COMMISSION
Phlx is making clarifying changes to rules/sro.shtml); or
Chapter VIII of the Pricing Schedule, • Send an email to rule-comments@ [Investment Company Act Release No.
sec.gov. Please include File Number SR– 31954; 812–14478]
which does not impose any burden on
competition whatsoever. To the Phlx–2015–115 on the subject line.
Investment Managers Series Trust, et
contrary, the proposed change facilitates Paper Comments al.; Notice of Application
competition by clarifying what
• Send paper comments in triplicate January 11, 2016.
connectivity options are provided by the
to Secretary, Securities and Exchange
Exchange, thereby informing other AGENCY: Securities and Exchange
Commission, 100 F Street NE.,
market venues a better understanding of Commission (‘‘Commission’’).
Washington, DC 20549–1090.
what connectivity options are available ACTION: Notice of an application under
for Phlx. With that better understanding, All submissions should refer to File
section 6(c) of the Investment Company
other market venues may improve Number SR–Phlx–2015–115. This file
Act of 1940 (‘‘Act’’) for an exemption
existing connectivity options or offer number should be included on the
from section 15(a) of the Act and rule
new connectivity options to compete subject line if email is used. To help the
18f–2 under the Act, as well as from
with Phlx. Accordingly, the proposed Commission process and review your
certain disclosure requirements in rule
changes do not inhibit market comments more efficiently, please use
20a–1 under the Act, Item 19(a)(3) of
participants’ ability to compete among only one method. The Commission will
Form N–1A, Items 22(c)(1)(ii),
each other, nor do they impose any post all comments on the Commission’s
22(c)(1)(iii), 22(c)(8) and 22(c)(9) of
burden on competition among market Internet Web site (http://www.sec.gov/
Schedule 14A under the Securities
venues, but rather may promote rules/sro.shtml). Copies of the
Exchange Act of 1934, and Sections 6–
mstockstill on DSK4VPTVN1PROD with NOTICES
competition among market venues. 8 15
07(2)(a), (b), and (c) of Regulation S–X
U.S.C. 78s(b)(3)(a)(iii).
C. Self-Regulatory Organization’s 9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– (‘‘Disclosure Requirements’’). The
Statement on Comments on the 4(f)(6) requires a self-regulatory organization to give requested exemption would permit an
Proposed Rule Change Received From
the Commission written notice of its intent to file investment adviser to hire and replace
the proposed rule change at least five business days certain sub-advisers without
Members, Participants, or Others prior to the date of filing of the proposed rule
change, or such shorter time as designated by the shareholder approval and grant relief
No written comments were either Commission. The Exchange has satisfied this
solicited or received. requirement. 10 17 CFR 200.30–3(a)(12).
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Document Created: 2018-02-02 12:32:23
Document Modified: 2018-02-02 12:32:23
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