81_FR_6585 81 FR 6560 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Options Regulatory Fee

81 FR 6560 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Options Regulatory Fee

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 25 (February 8, 2016)

Page Range6560-6562
FR Document2016-02332

Federal Register, Volume 81 Issue 25 (Monday, February 8, 2016)
[Federal Register Volume 81, Number 25 (Monday, February 8, 2016)]
[Notices]
[Pages 6560-6562]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02332]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77032; File No. SR-Phlx-2016-04]


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

February 2, 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 January 20, 2016, NASDAQ OMX PHLX LLC (``Phlx'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``SEC'' or ``Commission'') the proposed rule change as described in 
Items I, II, and III, below, which Items have been prepared by the 
Exchange. The Commission is publishing this notice to solicit comments 
on the proposed rule change from interested persons.
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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 make adjustments to its Options Regulatory 
Fee (``ORF'') by amending Section IV, Part D of the Pricing Schedule.
    While changes to the Pricing Schedule pursuant to this proposal are 
effective upon filing, the Exchange has designated these changes to be 
operative on February 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 any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

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

1. Purpose
    The Exchange proposes to decrease the ORF from $0.0035 to $0.0034 
as of February 1, 2016 to account for additional fine revenue, cost 
reductions and to balance the Exchange's regulatory revenue against the 
anticipated costs and potential fines.\3\
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    \3\ The Exchange notes that it previously filed a rule change to 
amend the ORF as of February 1, 2016 to $0.0040. This rule change 
supersedes that filing. See Securities Exchange Act Release No. 
75749 (August 21, 2015), 80 FR 52073 (August 27, 2015) (SR-Phlx-
2015-71).
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Background
    The ORF is assessed to each member for all options transactions 
executed or cleared by the member that are cleared at The Options 
Clearing Corporation (``OCC'') in the Customer range (i.e., that clear 
in the Customer account of the member's clearing firm at OCC). The 
Exchange monitors the amount of revenue collected from the ORF to 
ensure that it, in combination with other regulatory fees and fines, 
does not exceed regulatory costs. The ORF is imposed upon all 
transactions executed by a member, even if such transactions do not 
take place on the Exchange.\4\ The ORF also includes options 
transactions that are not executed by an Exchange member but are 
ultimately cleared by an Exchange member.\5\ The ORF is not

[[Page 6561]]

charged for member proprietary options transactions because members 
incur the costs of owning memberships and through their memberships are 
charged transaction fees, dues and other fees that are not applicable 
to non-members. The dues and fees paid by members go into the general 
funds of the Exchange, a portion of which is used to help pay the costs 
of regulation. The ORF is collected indirectly from members through 
their clearing firms by OCC on behalf of the Exchange.
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    \4\ The ORF applies to all ``C'' account origin code orders 
executed by a member on the Exchange. Exchange Rules require each 
member to record the appropriate account origin code on all orders 
at the time of entry in order to allow the Exchange to properly 
prioritize and route orders and assess transaction fees pursuant to 
the Rules of the Exchange and report resulting transactions to OCC. 
See Exchange Rule 1063, Responsibilities of Floor Brokers, and 
Options Floor Procedure Advice F-4, Orders Executed as Spreads, 
Straddles, Combinations or Synthetics and Other Order Ticket Marking 
Requirements. The Exchange represents that it has surveillances in 
place to verify that members mark orders with the correct account 
origin code.
    \5\ In the case where one member both executes a transaction and 
clears the transaction, the ORF is assessed to the member only once 
on the execution. In the case where one member executes a 
transaction and a different member clears the transaction, the ORF 
is assessed only to the member who executes the transaction and is 
not assessed to the member who clears the transaction. In the case 
where a non-member executes a transaction and a member clears the 
transaction, the ORF is assessed to the member who clears the 
transaction.
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    The ORF is designed to recover a portion of the costs to the 
Exchange of the supervision and regulation of its members, including 
performing routine surveillances, investigations, examinations, 
financial monitoring, and policy, rulemaking, interpretive, and 
enforcement activities. The Exchange believes that revenue generated 
from the ORF, when combined with all of the Exchange's other regulatory 
fees, will cover a material portion, but not all, of the Exchange's 
regulatory costs. The Exchange will continue to monitor the amount of 
revenue collected from the ORF to ensure that it, in combination with 
its other regulatory fees and fines, does not exceed regulatory costs. 
If the Exchange determines regulatory revenues exceed regulatory costs, 
the Exchange will adjust the ORF by submitting a fee change filing to 
the Commission.
ORF Adjustments
    The Exchange is proposing to decrease the ORF from $0.0035 to 
$0.0034 as of February 1, 2016 in order to account for regulatory 
revenue from disciplinary actions taken by the Exchange. The Exchange 
regularly reviews its ORF to ensure that the ORF, in combination with 
its other regulatory fees and fines, does not exceed regulatory costs. 
The Exchange believes this adjustment will permit the Exchange to cover 
a material portion of its regulatory costs, while not exceeding 
regulatory costs.
    The Exchange notified members of this ORF adjustment thirty (30) 
calendar days prior to the proposed operative date.\6\
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    \6\ See Options Trader Alert #2015-37.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \7\ in general, and furthers the objectives of Sections 
6(b)(4) and 6(b)(5) of the Act \8\ in particular, in that it provides 
for the equitable allocation of reasonable dues, fees and other charges 
among members and issuers and other persons using any facility or 
system which the Exchange operates or controls, and is not designed to 
permit unfair discrimination between customers, issuers, brokers, or 
dealers.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes that lowering the ORF from $0.0035 to $0.0034 
as of February 1, 2016 is reasonable because the Exchange's collection 
of ORF needs to be balanced against the amount of regulatory revenue 
collected by the Exchange. The Exchange believes that the proposed 
adjustments noted herein will serve to balance the Exchange's 
regulatory revenue against the anticipated regulatory costs. It is 
further reasonable because this adjustment results in a price 
reduction.
    The Exchange believes that lowering the ORF from $0.0035 to $0.0034 
as of February 1, 2016 is equitable and not unfairly discriminatory 
because this adjustment would be applicable to all members on all of 
their transactions that clear as Customer at OCC. In addition, the ORF 
seeks to recover the costs of supervising and regulating members, 
including performing routine surveillances, investigations, 
examinations, financial monitoring, and policy, rulemaking, 
interpretive, and enforcement activities.
    The ORF is not charged for member proprietary options transactions 
because members incur the costs of owning memberships and through their 
memberships are charged transaction fees, dues and other fees that are 
not applicable to non-members. Moreover, the Exchange believes the ORF 
ensures fairness by assessing higher fees to those members that require 
more Exchange regulatory services based on the amount of Customer 
options business they conduct.
    Regulating Customer trading activity is more labor intensive and 
requires greater expenditure of human and technical resources than 
regulating non-Customer trading activity. Surveillance, regulation and 
examination of non-Customer trading activity generally tends to be more 
automated and less labor intensive. As a result, the costs associated 
with administering the Customer component of the Exchange's overall 
regulatory program are anticipated to be higher than the costs 
associated with administering the non-Customer component of its 
regulatory program. The Exchange proposes assessing higher fees to 
those members that will require more Exchange regulatory services based 
on the amount of Customer options business they conduct.\9\ 
Additionally, the dues and fees paid by members go into the general 
funds of the Exchange, a portion of which is used to help pay the costs 
of regulation. The Exchange believes that the proposed ORF is a small 
cost for Customer executions.\10\ The Exchange has in place a 
regulatory structure to surveil for, exam [sic] and monitor the 
marketplace for violations of Exchange Rules. The ORF assists the 
Exchange to fund the cost of this regulation of the marketplace.
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    \9\ The ORF is not charged for orders that clear in categories 
other than the Customer range at OCC (e.g., Market Maker orders) 
because members incur the costs of memberships and through their 
memberships are charged transaction fees, dues and other fees that 
go into the general funds of the Exchange, a portion of which is 
used to help pay the costs of regulation.
    \10\ The Exchange does not assess a Customer any transaction 
fees in Multiply Listed Options, except in SPY, and pays Customer 
rebates.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. In terms of inter-market 
competition, the Exchange notes that it operates in a highly 
competitive market in which market participants can readily favor 
competing venues if they deem fee levels at a particular venue to be 
excessive, or rebate opportunities available at other venues to be more 
favorable. In such an environment, the Exchange must continually adjust 
its fees to remain competitive with other exchanges and with 
alternative trading systems that have been exempted from compliance 
with the statutory standards applicable to exchanges. Because 
competitors are free to modify their own fees in response, and because 
market participants may readily adjust their order routing practices, 
the Exchange believes that the degree to which fee changes in this 
market may impose any burden on competition is extremely limited.
    The Exchange does not believe that reducing its ORF creates an 
undue burden on intra-market competition because the adjustment will 
apply to all members on all of their transactions that clear as 
Customer at OCC. The Exchange is obligated to ensure that the amount of 
regulatory revenue collected from the ORF, in combination with its 
other regulatory fees and fines, does not exceed regulatory costs. 
Additionally, the dues and fees paid by members go into the general 
funds of the Exchange,

[[Page 6562]]

a portion of which is used to help pay the costs of regulation. The 
Exchange's members are subject to ORF on other options markets.\11\
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    \11\ The following options exchanges assess an ORF, Chicago 
Board Options Exchange, Incorporated (``CBOE''), C2 Options 
Exchange, Inc. (``C2''), the International Securities Exchange, LLC 
(``ISE''), NYSE Arca, Inc. (``NYSEArca'') and [sic] NYSE AMEX LLC 
(``NYSEAmex''), BATS Exchange, Inc. (``BATS'') and The NASDAQ 
Options Market LLC (``NOM'').
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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.\12\
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    \12\ 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-2016-04 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-2016-04. 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-2016-04 and should be 
submitted on or before February 29, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-02332 Filed 2-5-16; 8:45 am]
BILLING CODE 8011-01-P



                                                    6560                         Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Notices

                                                    temporarily suspend such rule change if                 should refer to File No. SR–BATS–                     concerning the purpose of and basis for
                                                    it appears to the Commission that such                  2016–12 and should be submitted on or                 the proposed rule change and discussed
                                                    action is necessary or appropriate in the               before February 29, 2016.                             any comments it received on the
                                                    public interest, for the protection of                    For the Commission, by the Division of              proposed rule change. The text of these
                                                    investors, or otherwise in furtherance of               Trading and Markets, pursuant to delegated            statements may be examined at the
                                                    the purposes of the Act. If the                         authority.20                                          places specified in Item IV below. The
                                                    Commission takes such action, the                       Robert W. Errett,                                     Exchange has prepared summaries, set
                                                    Commission shall institute proceedings                  Deputy Secretary.                                     forth in sections A, B, and C below, of
                                                    to determine whether the proposed rule                  [FR Doc. 2016–02333 Filed 2–5–16; 8:45 am]
                                                                                                                                                                  the most significant aspects of such
                                                    should be approved or disapproved.                                                                            statements.
                                                                                                            BILLING CODE 8011–01–P
                                                    IV. Solicitation of Comments                                                                                  A. Self-Regulatory Organization’s
                                                      Interested persons are invited to                                                                           Statement of the Purpose of, and
                                                    submit written data, views and                          SECURITIES AND EXCHANGE                               Statutory Basis for, the Proposed Rule
                                                    arguments concerning the foregoing,                     COMMISSION                                            Change
                                                    including whether the proposal is                       [Release No. 34–77032; File No. SR–Phlx–              1. Purpose
                                                    consistent with the Act. Comments may                   2016–04]
                                                                                                                                                                     The Exchange proposes to decrease
                                                    be submitted by any of the following
                                                                                                            Self-Regulatory Organizations;                        the ORF from $0.0035 to $0.0034 as of
                                                    methods:
                                                                                                            NASDAQ OMX PHLX LLC; Notice of                        February 1, 2016 to account for
                                                    Electronic Comments                                     Filing and Immediate Effectiveness of                 additional fine revenue, cost reductions
                                                      • Use the Commission’s Internet                       Proposed Rule Change To Amend the                     and to balance the Exchange’s
                                                    comment form (http://www.sec.gov/                       Options Regulatory Fee                                regulatory revenue against the
                                                    rules/sro.shtml); or                                                                                          anticipated costs and potential fines.3
                                                      • Send an email to rule-comments@                     February 2, 2016.
                                                                                                               Pursuant to Section 19(b)(1) of the                Background
                                                    sec.gov. Please include File No. SR–
                                                    BATS–2016–12 on the subject line.                       Securities Exchange Act of 1934                          The ORF is assessed to each member
                                                                                                            (‘‘Act’’) 1, and Rule 19b–4 thereunder,2              for all options transactions executed or
                                                    Paper Comments                                          notice is hereby given that on January                cleared by the member that are cleared
                                                       • Send paper comments in triplicate                  20, 2016, NASDAQ OMX PHLX LLC                         at The Options Clearing Corporation
                                                    to Secretary, Securities and Exchange                   (‘‘Phlx’’ or ‘‘Exchange’’) filed with the             (‘‘OCC’’) in the Customer range (i.e., that
                                                    Commission, 100 F Street NE.,                           Securities and Exchange Commission                    clear in the Customer account of the
                                                    Washington, DC 20549–1090.                              (‘‘SEC’’ or ‘‘Commission’’) the proposed              member’s clearing firm at OCC). The
                                                    All submissions should refer to File No.                rule change as described in Items I, II,              Exchange monitors the amount of
                                                    SR–BATS–2016–12. This file number                       and III, below, which Items have been                 revenue collected from the ORF to
                                                    should be included on the subject line                  prepared by the Exchange. The                         ensure that it, in combination with other
                                                    if email is used. To help the                           Commission is publishing this notice to               regulatory fees and fines, does not
                                                    Commission process and review your                      solicit comments on the proposed rule                 exceed regulatory costs. The ORF is
                                                    comments more efficiently, please use                   change from interested persons.                       imposed upon all transactions executed
                                                    only one method. The Commission will                                                                          by a member, even if such transactions
                                                                                                            I. Self-Regulatory Organization’s                     do not take place on the Exchange.4 The
                                                    post all comments on the Commission’s                   Statement of the Terms of Substance of
                                                    Internet Web site (http://www.sec.gov/                                                                        ORF also includes options transactions
                                                                                                            the Proposed Rule Change                              that are not executed by an Exchange
                                                    rules/sro.shtml). Copies of the
                                                                                                               The Exchange proposes to make                      member but are ultimately cleared by an
                                                    submission, all subsequent
                                                                                                            adjustments to its Options Regulatory                 Exchange member.5 The ORF is not
                                                    amendments, all written statements
                                                    with respect to the proposed rule                       Fee (‘‘ORF’’) by amending Section IV,
                                                    change that are filed with the                          Part D of the Pricing Schedule.                          3 The Exchange notes that it previously filed a

                                                                                                               While changes to the Pricing                       rule change to amend the ORF as of February 1,
                                                    Commission, and all written                                                                                   2016 to $0.0040. This rule change supersedes that
                                                                                                            Schedule pursuant to this proposal are                filing. See Securities Exchange Act Release No.
                                                    communications relating to the
                                                                                                            effective upon filing, the Exchange has               75749 (August 21, 2015), 80 FR 52073 (August 27,
                                                    proposed rule change between the
                                                                                                            designated these changes to be operative              2015) (SR–Phlx–2015–71).
                                                    Commission and any person, other than                                                                            4 The ORF applies to all ‘‘C’’ account origin code
                                                                                                            on February 1, 2016.
                                                    those that may be withheld from the                        The text of the proposed rule change               orders executed by a member on the Exchange.
                                                    public in accordance with the                           is available on the Exchange’s Web site
                                                                                                                                                                  Exchange Rules require each member to record the
                                                    provisions of 5 U.S.C. 552, will be                                                                           appropriate account origin code on all orders at the
                                                                                                            at http://                                            time of entry in order to allow the Exchange to
                                                    available for Web site viewing and                      nasdaqomxphlx.cchwallstreet.com/, at                  properly prioritize and route orders and assess
                                                    printing in the Commission’s Public                     the principal office of the Exchange, and             transaction fees pursuant to the Rules of the
                                                    Reference Room, 100 F Street NE.,                       at the Commission’s Public Reference
                                                                                                                                                                  Exchange and report resulting transactions to OCC.
                                                    Washington, DC 20549, on official                                                                             See Exchange Rule 1063, Responsibilities of Floor
                                                                                                            Room.                                                 Brokers, and Options Floor Procedure Advice F–4,
                                                    business days between the hours of                                                                            Orders Executed as Spreads, Straddles,
                                                    10:00 a.m. and 3:00 p.m. Copies of such                 II. Self-Regulatory Organization’s                    Combinations or Synthetics and Other Order Ticket
                                                    filing will also be available for                       Statement of the Purpose of, and                      Marking Requirements. The Exchange represents
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    inspection and copying at the principal                 Statutory Basis for, the Proposed Rule                that it has surveillances in place to verify that
                                                                                                                                                                  members mark orders with the correct account
                                                    office of the Exchange. All comments                    Change                                                origin code.
                                                    received will be posted without change;                    In its filing with the Commission, the                5 In the case where one member both executes a

                                                    the Commission does not edit personal                   Exchange included statements                          transaction and clears the transaction, the ORF is
                                                    identifying information from                                                                                  assessed to the member only once on the execution.
                                                                                                                                                                  In the case where one member executes a
                                                    submissions. You should submit only                       20 17 CFR 200.30–3(a)(12).                          transaction and a different member clears the
                                                    information that you wish to make                         1 15 U.S.C. 78s(b)(1).                              transaction, the ORF is assessed only to the member
                                                    available publicly. All submissions                       2 17 CFR 240.19b–4.                                 who executes the transaction and is not assessed to



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                                                                                 Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Notices                                                        6561

                                                    charged for member proprietary options                  of the Act 8 in particular, in that it                  regulatory services based on the amount
                                                    transactions because members incur the                  provides for the equitable allocation of                of Customer options business they
                                                    costs of owning memberships and                         reasonable dues, fees and other charges                 conduct.9 Additionally, the dues and
                                                    through their memberships are charged                   among members and issuers and other                     fees paid by members go into the
                                                    transaction fees, dues and other fees that              persons using any facility or system                    general funds of the Exchange, a portion
                                                    are not applicable to non-members. The                  which the Exchange operates or                          of which is used to help pay the costs
                                                    dues and fees paid by members go into                   controls, and is not designed to permit                 of regulation. The Exchange believes
                                                    the general funds of the Exchange, a                    unfair discrimination between                           that the proposed ORF is a small cost for
                                                    portion of which is used to help pay the                customers, issuers, brokers, or dealers.                Customer executions.10 The Exchange
                                                    costs of regulation. The ORF is collected                  The Exchange believes that lowering                  has in place a regulatory structure to
                                                    indirectly from members through their                   the ORF from $0.0035 to $0.0034 as of                   surveil for, exam [sic] and monitor the
                                                    clearing firms by OCC on behalf of the                  February 1, 2016 is reasonable because                  marketplace for violations of Exchange
                                                    Exchange.                                               the Exchange’s collection of ORF needs                  Rules. The ORF assists the Exchange to
                                                       The ORF is designed to recover a                     to be balanced against the amount of                    fund the cost of this regulation of the
                                                    portion of the costs to the Exchange of                 regulatory revenue collected by the                     marketplace.
                                                    the supervision and regulation of its                   Exchange. The Exchange believes that
                                                                                                            the proposed adjustments noted herein                   B. Self-Regulatory Organization’s
                                                    members, including performing routine                                                                           Statement on Burden on Competition
                                                    surveillances, investigations,                          will serve to balance the Exchange’s
                                                    examinations, financial monitoring, and                 regulatory revenue against the                             The Exchange does not believe that
                                                    policy, rulemaking, interpretive, and                   anticipated regulatory costs. It is further             the proposed rule change will impose
                                                    enforcement activities. The Exchange                    reasonable because this adjustment                      any burden on competition not
                                                    believes that revenue generated from the                results in a price reduction.                           necessary or appropriate in furtherance
                                                    ORF, when combined with all of the                         The Exchange believes that lowering                  of the purposes of the Act. In terms of
                                                    Exchange’s other regulatory fees, will                  the ORF from $0.0035 to $0.0034 as of                   inter-market competition, the Exchange
                                                    cover a material portion, but not all, of               February 1, 2016 is equitable and not                   notes that it operates in a highly
                                                    the Exchange’s regulatory costs. The                    unfairly discriminatory because this                    competitive market in which market
                                                                                                            adjustment would be applicable to all                   participants can readily favor competing
                                                    Exchange will continue to monitor the
                                                                                                            members on all of their transactions that               venues if they deem fee levels at a
                                                    amount of revenue collected from the
                                                                                                            clear as Customer at OCC. In addition,                  particular venue to be excessive, or
                                                    ORF to ensure that it, in combination
                                                                                                            the ORF seeks to recover the costs of                   rebate opportunities available at other
                                                    with its other regulatory fees and fines,
                                                                                                            supervising and regulating members,                     venues to be more favorable. In such an
                                                    does not exceed regulatory costs. If the
                                                                                                            including performing routine                            environment, the Exchange must
                                                    Exchange determines regulatory
                                                                                                            surveillances, investigations,                          continually adjust its fees to remain
                                                    revenues exceed regulatory costs, the
                                                                                                            examinations, financial monitoring, and                 competitive with other exchanges and
                                                    Exchange will adjust the ORF by
                                                                                                            policy, rulemaking, interpretive, and                   with alternative trading systems that
                                                    submitting a fee change filing to the
                                                                                                            enforcement activities.                                 have been exempted from compliance
                                                    Commission.                                                The ORF is not charged for member                    with the statutory standards applicable
                                                    ORF Adjustments                                         proprietary options transactions because                to exchanges. Because competitors are
                                                                                                            members incur the costs of owning                       free to modify their own fees in
                                                       The Exchange is proposing to                         memberships and through their                           response, and because market
                                                    decrease the ORF from $0.0035 to                        memberships are charged transaction                     participants may readily adjust their
                                                    $0.0034 as of February 1, 2016 in order                 fees, dues and other fees that are not                  order routing practices, the Exchange
                                                    to account for regulatory revenue from                  applicable to non-members. Moreover,                    believes that the degree to which fee
                                                    disciplinary actions taken by the                       the Exchange believes the ORF ensures                   changes in this market may impose any
                                                    Exchange. The Exchange regularly                        fairness by assessing higher fees to those              burden on competition is extremely
                                                    reviews its ORF to ensure that the ORF,                 members that require more Exchange                      limited.
                                                    in combination with its other regulatory                regulatory services based on the amount                    The Exchange does not believe that
                                                    fees and fines, does not exceed                         of Customer options business they                       reducing its ORF creates an undue
                                                    regulatory costs. The Exchange believes                 conduct.                                                burden on intra-market competition
                                                    this adjustment will permit the                            Regulating Customer trading activity                 because the adjustment will apply to all
                                                    Exchange to cover a material portion of                 is more labor intensive and requires                    members on all of their transactions that
                                                    its regulatory costs, while not exceeding               greater expenditure of human and                        clear as Customer at OCC. The Exchange
                                                    regulatory costs.                                       technical resources than regulating non-                is obligated to ensure that the amount of
                                                       The Exchange notified members of                     Customer trading activity. Surveillance,                regulatory revenue collected from the
                                                    this ORF adjustment thirty (30) calendar                regulation and examination of non-                      ORF, in combination with its other
                                                    days prior to the proposed operative                    Customer trading activity generally                     regulatory fees and fines, does not
                                                    date.6                                                  tends to be more automated and less                     exceed regulatory costs. Additionally,
                                                    2. Statutory Basis                                      labor intensive. As a result, the costs                 the dues and fees paid by members go
                                                                                                            associated with administering the                       into the general funds of the Exchange,
                                                      The Exchange believes that its                        Customer component of the Exchange’s
                                                    proposal is consistent with Section 6(b)                overall regulatory program are                             9 The ORF is not charged for orders that clear in
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                                                    of the Act 7 in general, and furthers the               anticipated to be higher than the costs                 categories other than the Customer range at OCC
                                                    objectives of Sections 6(b)(4) and 6(b)(5)                                                                      (e.g., Market Maker orders) because members incur
                                                                                                            associated with administering the non-                  the costs of memberships and through their
                                                                                                            Customer component of its regulatory                    memberships are charged transaction fees, dues and
                                                    the member who clears the transaction. In the case      program. The Exchange proposes                          other fees that go into the general funds of the
                                                    where a non-member executes a transaction and a                                                                 Exchange, a portion of which is used to help pay
                                                    member clears the transaction, the ORF is assessed      assessing higher fees to those members                  the costs of regulation.
                                                    to the member who clears the transaction.               that will require more Exchange                            10 The Exchange does not assess a Customer any
                                                      6 See Options Trader Alert #2015–37.
                                                                                                                                                                    transaction fees in Multiply Listed Options, except
                                                      7 15 U.S.C. 78f(b).                                     8 15   U.S.C. 78f(b)(4) and (5).                      in SPY, and pays Customer rebates.



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                                                    6562                         Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Notices

                                                    a portion of which is used to help pay                  only one method. The Commission will                   located in a U.S. branch or office or by
                                                    the costs of regulation. The Exchange’s                 post all comments on the Commission’s                  personnel of an agent of such non-U.S.
                                                    members are subject to ORF on other                     Internet Web site (http://www.sec.gov/                 person located in a U.S. branch or
                                                    options markets.11                                      rules/sro.shtml). Copies of the                        office.
                                                                                                            submission, all subsequent                               At times, changes in Commission
                                                    C. Self-Regulatory Organization’s
                                                                                                            amendments, all written statements                     priorities require alterations in the
                                                    Statement on Comments on the
                                                                                                            with respect to the proposed rule                      scheduling of meeting items.
                                                    Proposed Rule Change Received From
                                                                                                            change that are filed with the
                                                    Members, Participants, or Others                                                                                 For further information and to
                                                                                                            Commission, and all written
                                                      No written comments were either                       communications relating to the                         ascertain what, if any, matters have been
                                                    solicited or received.                                  proposed rule change between the                       added, deleted, or postponed, please
                                                                                                            Commission and any person, other than                  contact:
                                                    III. Date of Effectiveness of the
                                                    Proposed Rule Change and Timing for                     those that may be withheld from the                      The Office of the Secretary at (202)
                                                    Commission Action                                       public in accordance with the                          551–5400.
                                                                                                            provisions of 5 U.S.C. 552, will be                      Dated: February 3, 2016.
                                                       The foregoing rule change has become                 available for Web site viewing and
                                                    effective pursuant to Section                                                                                  Brent J. Fields,
                                                                                                            printing in the Commission’s Public
                                                    19(b)(3)(A)(ii) of the Act.12                           Reference Room, 100 F Street NE.,                      Secretary.
                                                       At any time within 60 days of the                                                                           [FR Doc. 2016–02490 Filed 2–4–16; 11:15 am]
                                                                                                            Washington, DC 20549, on official
                                                    filing of the proposed rule change, the
                                                                                                            business days between the hours of                     BILLING CODE 8011–01–P
                                                    Commission summarily may
                                                                                                            10:00 a.m. and 3:00 p.m. Copies of the
                                                    temporarily suspend such rule change if
                                                                                                            filing also will be available for
                                                    it appears to the Commission that such                                                                         SECURITIES AND EXCHANGE
                                                    action is: (i) Necessary or appropriate in              inspection and copying at the principal
                                                                                                            office of the Exchange. All comments                   COMMISSION
                                                    the public interest; (ii) for the protection
                                                    of investors; or (iii) otherwise in                     received will be posted without change;
                                                    furtherance of the purposes of the Act.                 the Commission does not edit personal                  [Release No. 34–77034; File No. SR–MIAX–
                                                                                                            identifying information from                           2016–03]
                                                    If the Commission takes such action, the
                                                    Commission shall institute proceedings                  submissions. You should submit only
                                                                                                            information that you wish to make                      Self-Regulatory Organizations; Miami
                                                    to determine whether the proposed rule                                                                         International Securities Exchange LLC;
                                                    should be approved or disapproved.                      available publicly. All submissions
                                                                                                            should refer to File Number SR–Phlx–                   Notice of Filing and Immediate
                                                    IV. Solicitation of Comments                            2016–04 and should be submitted on or                  Effectiveness of a Proposed Rule
                                                                                                            before February 29, 2016.                              Change To Amend Exchange Rules
                                                      Interested persons are invited to
                                                                                                                                                                   503 and 515
                                                    submit written data, views and                            For the Commission, by the Division of
                                                    arguments concerning the foregoing,                     Trading and Markets, pursuant to delegated             February 2, 2016.
                                                    including whether the proposed rule                     authority.13
                                                                                                                                                                      Pursuant to the provisions of Section
                                                    change is consistent with the Act.                      Robert W. Errett,
                                                                                                                                                                   19(b)(1) of the Securities Exchange Act
                                                    Comments may be submitted by any of                     Deputy Secretary.
                                                                                                                                                                   of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                    the following methods:                                  [FR Doc. 2016–02332 Filed 2–5–16; 8:45 am]
                                                                                                                                                                   thereunder,2 notice is hereby given that
                                                    Electronic Comments                                     BILLING CODE 8011–01–P
                                                                                                                                                                   on January 20, 2016, Miami
                                                      • Use the Commission’s Internet                                                                              International Securities Exchange LLC
                                                    comment form (http://www.sec.gov/                                                                              (‘‘MIAX’’ or ‘‘Exchange’’) filed with the
                                                                                                            SECURITIES AND EXCHANGE
                                                    rules/sro.shtml); or                                                                                           Securities and Exchange Commission
                                                                                                            COMMISSION
                                                      • Send an email to rule-                                                                                     (‘‘Commission’’) a proposed rule change
                                                    comments@sec.gov. Please include File                   Sunshine Act Meeting                                   as described in Items I and II below,
                                                    Number SR–Phlx–2016–04 on the                                                                                  which Items have been prepared by the
                                                    subject line.                                             Notice is hereby given, pursuant to                  Exchange. The Commission is
                                                                                                            the provisions of the Government in the                publishing this notice to solicit
                                                    Paper Comments                                          Sunshine Act, Public Law 94–409, that                  comments on the proposed rule change
                                                      • Send paper comments in triplicate                   the Securities and Exchange                            from interested persons.
                                                    to Secretary, Securities and Exchange                   Commission will hold an Open Meeting
                                                                                                            on Wednesday, February 10, 2016 at                     I. Self-Regulatory Organization’s
                                                    Commission, 100 F Street NE.,
                                                                                                            10:00 a.m., in the Auditorium, Room                    Statement of the Terms of Substance of
                                                    Washington, DC 20549–1090.
                                                                                                            L–002.                                                 the Proposed Rule Change
                                                    All submissions should refer to File
                                                    Number SR–Phlx–2016–04. This file                         The subject matter of the Open
                                                                                                                                                                      The Exchange is filing a proposal to
                                                    number should be included on the                        Meeting will be:
                                                                                                              • The Commission will consider                       amend Exchange Rules 503, Openings
                                                    subject line if email is used. To help the                                                                     on the Exchange, and 515, Execution of
                                                                                                            whether to adopt rules under the
                                                    Commission process and review your                                                                             Orders and Quotes.
                                                                                                            Securities Exchange Act of 1934
                                                    comments more efficiently, please use
                                                                                                            providing for the application of the Title                The text of the proposed rule change
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                                                       11 The following options exchanges assess an
                                                                                                            VII security-based swap dealer de                      is available on the Exchange’s Web site
                                                    ORF, Chicago Board Options Exchange,                    minimis counting requirements to                       at http://www.miaxoptions.com/filter/
                                                    Incorporated (‘‘CBOE’’), C2 Options Exchange, Inc.      security-based swap transactions                       wotitle/rule_filing, at MIAX’s principal
                                                    (‘‘C2’’), the International Securities Exchange, LLC    connected with a non-U.S. person’s                     office, and at the Commission’s Public
                                                    (‘‘ISE’’), NYSE Arca, Inc. (‘‘NYSEArca’’) and [sic]                                                            Reference Room.
                                                    NYSE AMEX LLC (‘‘NYSEAmex’’), BATS Exchange,
                                                                                                            dealing activity that are arranged,
                                                    Inc. (‘‘BATS’’) and The NASDAQ Options Market           negotiated, or executed by personnel
                                                    LLC (‘‘NOM’’).                                                                                                   1 15   U.S.C. 78s(b)(1).
                                                       12 15 U.S.C. 78s(b)(3)(A)(ii).                         13 17   CFR 200.30–3(a)(12).                           2 17   CFR 240.19b–4.



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Document Created: 2016-02-06 00:24:20
Document Modified: 2016-02-06 00:24:20
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 6560 

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