82 FR 52340 - Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Pricing Schedule Section II, Entitled Multiply Listed Options Fees
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 217 (November 13, 2017)
Federal Register Volume 82, Issue 217 (November 13, 2017)
| Page Range | 52340-52342 | |
| FR Document | 2017-24439 |
[Federal Register Volume 82, Number 217 (Monday, November 13, 2017)] [Notices] [Pages 52340-52342] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24439] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82019; File No. SR-Phlx-2017-91] Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Pricing Schedule Section II, Entitled Multiply Listed Options Fees November 6, 2017. 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 November 1, 2017, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule change as described in Items I, II, and III, below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend the Pricing Schedule, Section II, entitled ``Multiply Listed Options Fees,'' \3\ as further discussed below. --------------------------------------------------------------------------- \3\ This includes options overlying equities, ETFs, ETNs and indexes which are multiply listed. --------------------------------------------------------------------------- The text of the proposed rule change is available on the Exchange's Web site at http://nasdaqphlx.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 [[Page 52341]] statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposed rule change is to amend Section II of the Exchange's Pricing Schedule to increase the assessment for select Firm \4\ electronic simple orders. --------------------------------------------------------------------------- \4\ The term ``Firm'' applies to any transaction that is identified by a member or member organization for clearing in the Firm range at OCC. --------------------------------------------------------------------------- As set forth in Section II of the Pricing Schedule, the Exchange currently charges a Penny Pilot Options Transaction Charge for electronic simple orders that is $0.48 per contract for Professional,\5\ Broker-Dealer \6\ and Firm orders, $0.22 per contract for Specialist \7\ and Market Maker \8\ orders, and $0.00 for Customer \9\ orders. In addition, the Exchange charges a reduced Penny Pilot Options Transaction Charge for Firm electronic simple orders in AAPL, BAC, EEM, FB, FXI, IWM, QQQ, TWTR, VXX and XLF (hereinafter, ``Select Symbols'') that is $0.37 per contract (reduced from $0.48 per contract).\10\ The reduced fee for Firm electronic simple orders in Select Symbols (such reduced fee, the ``Select Firm Fee'') is to incentivize Firms to transact more volume in Select Symbols, thereby attracting more order flow to the Exchange. --------------------------------------------------------------------------- \5\ The term ``Professional'' applies to transactions for the accounts of Professionals, as defined in Exchange Rule 1000(b)(14) means any person or entity that (i) is not a broker or dealer in securities, and (ii) places more than 390 orders in listed options per day on average during a calendar month for its own beneficial account(s). See Pricing Schedule, Preface. \6\ The term ``Broker-Dealer'' applies to any transaction which is not subject to any of the other transaction fees applicable within a particular category. See Pricing Schedule, Preface. \7\ The term ``Specialist'' applies to transactions for the account of a Specialist (as defined in Exchange Rule 1020(a)). A Specialist is an Exchange member who is registered as an options specialist pursuant to Rule 1020(a). An options Specialist includes a Remote Specialist which is defined as an options specialist in one or more classes that does not have a physical presence on an Exchange floor and is approved by the Exchange pursuant to Rule 501. See Pricing Schedule, Preface. \8\ For purposes of the Pricing Schedule, the term ``Market Maker'' will be utilized to describe the fees and rebates applicable to Registered Options Traders (as defined in Exchange Rule 1014(b)), Streaming Quote Traders (as defined in Exchange Rule 1014(b)(ii)(A)) and Remote Streaming Quote Traders (as defined in Exchange Rule 1014(b)(ii)(B)). See Pricing Schedule, Preface. \9\ The term ``Customer'' applies to any transaction that is identified by a member or member organization for clearing in the Customer range at The Options Clearing Corporation (``OCC'') which is not for the account of a broker or dealer or for the account of a ``Professional'' (as that term is defined in Rule 1000(b)(14)). See Pricing Schedule, Preface. \10\ See note 1 in Section II of the Pricing Schedule. Select symbols represent high volume Penny Pilot options listed on the Exchange. --------------------------------------------------------------------------- The Exchange now proposes to increase the $0.37 per contract Select Firm Fee to raise revenue for the Exchange and help defray costs. As proposed, note 1 in Section II of the Pricing Schedule will read, ``Firm electronic simple orders in AAPL, BAC, EEM, FB, FXI, IWM, QQQ, TWTR, VXX and XLF will be assessed $0.45 per contract.'' 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act,\11\ in general, and furthers the objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\12\ 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, and is not designed to permit unfair discrimination between customers, issuers, brokers, or dealers. --------------------------------------------------------------------------- \11\ 15 U.S.C. 78f(b). \12\ 15 U.S.C. 78f(b)(4) and (5). --------------------------------------------------------------------------- The Exchange believes its proposal to increase the Select Firm Fee from $0.37 to $0.45 per contract is reasonable because the proposed increase will help defray costs, and remains lower than the $0.48 per contract Penny Pilot Options Transaction Charge assessed to all other Firm electronic simple orders.\13\ Furthermore, the Exchange notes that the proposed fee remains competitive with the fees of another options market.\14\ Accordingly, the Exchange believes that the proposed $0.45 per contract fee for Firm electronic simple orders in Select Symbols, which represent high volume Penny Pilot options listed on the Exchange, will continue to be competitive and attract order flow to the Exchange, to the benefit of all market participants. --------------------------------------------------------------------------- \13\ See Pricing Schedule, Section II. \14\ See, e.g., MIAX Options Fee Schedule at: https://www.miaxoptions.com/sites/default/files/fee_schedule-files/MIAX_Options_Fee_Schedule_10112017.pdf. --------------------------------------------------------------------------- In addition, the Exchange believes the proposed $0.45 per contract Select Firm Fee is equitable and not unfairly discriminatory because the Exchange will apply the same fee to all similarly situated members. For the reasons discussed above, the proposed fee provides an incentive for Firms to transact order flow on the Exchange, which order flow brings increased liquidity to the Exchange for the benefit of all Exchange participants. To the extent the purpose of the proposed Select Firm Fee is achieved, all market participants should benefit from the improved market liquidity. B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. As discussed above, the Exchange believes that the proposed Select Firm Fee remains competitive and will continue to attract order flow to the Exchange. 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. For the reasons described above, the Exchange believes that the proposed fee changes reflect this competitive environment. 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.\15\ --------------------------------------------------------------------------- \15\ 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 [[Page 52342]] 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-2017-91 on the subject line. Paper Comments Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-Phlx-2017-91. 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. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-Phlx-2017-91 and should be submitted on or before December 4, 2017. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\16\ --------------------------------------------------------------------------- \16\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2017-24439 Filed 11-9-17; 8:45 am] BILLING CODE 8011-01-P
![52340 Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Notices
5. Applicants also request an purchases of Creation Units and the investment company involved; and (c)
exemption from section 22(d) of the Act redemption procedures for in-kind the proposed transaction is consistent
and rule 22c–1 under the Act as redemptions of Creation Units will be with the general purposes of the Act.
secondary market trading in shares will the same for all purchases and For the Commission, by the Division of
take place at negotiated prices, not at a redemptions and Deposit Instruments Investment Management, under delegated
current offering price described in a and Redemption Instruments will be authority.
Fund’s prospectus, and not at a price valued in the same manner as those Eduardo A. Aleman,
based on NAV. Applicants state that (a) Portfolio Instruments currently held by Assistant Secretary.
secondary market trading in shares does the Funds. Applicants also seek relief
[FR Doc. 2017–24487 Filed 11–9–17; 8:45 am]
not involve a Fund as a party and will from the prohibitions on affiliated
BILLING CODE 8011–01–P
not result in dilution of an investment transactions in section 17(a) to permit a
in shares, and (b) to the extent different Fund to sell its shares to and redeem its
prices exist during a given trading day, shares from a Fund of Funds, and to
SECURITIES AND EXCHANGE
or from day to day, such variances occur engage in the accompanying in-kind
COMMISSION
as a result of third-party market forces, transactions with the Fund of Funds.2
such as supply and demand. Therefore, The purchase of Creation Units by a [Release No. 34–82019; File No. SR–Phlx–
applicants assert that secondary market Fund of Funds directly from a Fund will 2017–91]
transactions in shares will not lead to be accomplished in accordance with the
discrimination or preferential treatment policies of the Fund of Funds and will Self-Regulatory Organizations; Nasdaq
among purchasers. Finally, applicants be based on the NAVs of the Funds. PHLX LLC; Notice of Filing and
represent that share market prices will 9. Applicants also request relief to Immediate Effectiveness of Proposed
be disciplined by arbitrage permit a Feeder Fund to acquire shares Rule Change To Amend Pricing
opportunities, which should prevent of another registered investment Schedule Section II, Entitled Multiply
shares from trading at a material company managed by the Adviser Listed Options Fees
discount or premium from NAV. having substantially the same November 6, 2017.
6. With respect to Funds that hold investment objectives as the Feeder Pursuant to Section 19(b)(1) of the
non-U.S. Portfolio Instruments and that Fund (‘‘Master Fund’’) beyond the Securities Exchange Act of 1934
effect creations and redemptions of limitations in section 12(d)(1)(A) and (‘‘Act’’),1 and Rule 19b–4 thereunder,2
Creation Units in kind, applicants permit the Master Fund, and any notice is hereby given that on November
request relief from the requirement principal underwriter for the Master 1, 2017, Nasdaq PHLX LLC (‘‘Phlx’’ or
imposed by section 22(e) in order to Fund, to sell shares of the Master Fund
‘‘Exchange’’) filed with the Securities
allow such Funds to pay redemption to the Feeder Fund beyond the
and Exchange Commission
proceeds within fifteen calendar days limitations in section 12(d)(1)(B).
10. Section 6(c) of the Act permits the (‘‘Commission’’) the proposed rule
following the tender of Creation Units
Commission to exempt any persons or change as described in Items I, II, and
for redemption. Applicants assert that
transactions from any provision of the III, below, which Items have been
the requested relief would not be
Act if such exemption is necessary or prepared by the Exchange. The
inconsistent with the spirit and intent of
appropriate in the public interest and Commission is publishing this notice to
section 22(e) to prevent unreasonable,
consistent with the protection of solicit comments on the proposed rule
undisclosed or unforeseen delays in the
investors and the purposes fairly change from interested persons.
actual payment of redemption proceeds.
7. Applicants request an exemption to intended by the policy and provisions of I. Self-Regulatory Organization’s
permit Funds of Funds to acquire Fund the Act. Section 12(d)(1)(J) of the Act Statement of the Terms of Substance of
shares beyond the limits of section provides that the Commission may the Proposed Rule Change
12(d)(1)(A) of the Act; and the Funds, exempt any person, security, or
The Exchange proposes to amend the
and any principal underwriter for the transaction, or any class or classes of
Pricing Schedule, Section II, entitled
Funds, and/or any broker or dealer persons, securities, or transactions, from
‘‘Multiply Listed Options Fees,’’ 3 as
registered under the Exchange Act, to any provision of section 12(d)(1) if the
further discussed below.
sell shares to Funds of Funds beyond exemption is consistent with the public The text of the proposed rule change
the limits of section 12(d)(1)(B) of the interest and the protection of investors. is available on the Exchange’s Web site
Act. The application’s terms and Section 17(b) of the Act authorizes the
at http://nasdaqphlx.cchwallstreet
conditions are designed to, among other Commission to grant an order
.com/, at the principal office of the
things, help prevent any potential (i) permitting a transaction otherwise
Exchange, and at the Commission’s
undue influence over a Fund through prohibited by section 17(a) if it finds
Public Reference Room.
control or voting power, or in that (a) the terms of the proposed
connection with certain services, transaction are fair and reasonable and II. Self-Regulatory Organization’s
transactions, and underwritings, (ii) do not involve overreaching on the part Statement of the Purpose of, and
excessive layering of fees, and (iii) of any person concerned; (b) the Statutory Basis for, the Proposed Rule
overly complex fund structures, which proposed transaction is consistent with Change
are the concerns underlying the limits the policies of each registered In its filing with the Commission, the
in sections 12(d)(1)(A) and (B) of the Exchange included statements
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Act. 2 The requested relief would apply to direct sales
concerning the purpose of and basis for
8. Applicants request an exemption of shares in Creation Units by a Fund to a Fund of
Funds and redemptions of those shares. Applicants, the proposed rule change and discussed
from sections 17(a)(1) and 17(a)(2) of the moreover, are not seeking relief from section 17(a) any comments it received on the
Act to permit persons that are affiliated for, and the requested relief will not apply to, proposed rule change. The text of these
persons, or second-tier affiliates, of the transactions where a Fund could be deemed an
Funds, solely by virtue of certain Affiliated Person, or a Second-Tier Affiliate, of a
1 15U.S.C. 78s(b)(1).
Fund of Funds because an Adviser or an entity
ownership interests, to effectuate controlling, controlled by or under common control 2 17CFR 240.19b–4.
purchases and redemptions in-kind. The with an Adviser provides investment advisory 3 This includes options overlying equities, ETFs,
deposit procedures for in-kind services to that Fund of Funds. ETNs and indexes which are multiply listed.
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![52342 Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Notices
change is consistent with the Act. submissions should refer to File II. Self-Regulatory Organization’s
Comments may be submitted by any of Number SR–Phlx–2017–91 and should Statement of the Purpose of, and
the following methods: be submitted on or before December 4, Statutory Basis for, the Proposed Rule
2017. Change
Electronic Comments
For the Commission, by the Division of In its filing with the Commission, the
• Use the Commission’s Internet Trading and Markets, pursuant to delegated
comment form (http://www.sec.gov/ Exchange included statements
authority.16 concerning the purpose of and basis for
rules/sro.shtml); or Eduardo A. Aleman,
• Send an email to rule-comments@ the proposed rule change and discussed
Assistant Secretary. any comments it received on the
sec.gov. Please include File Number SR–
Phlx–2017–91 on the subject line. [FR Doc. 2017–24439 Filed 11–9–17; 8:45 am] proposed rule change. The text of these
BILLING CODE 8011–01–P statements may be examined at the
Paper Comments places specified in Item IV below. The
• Send paper comments in triplicate Exchange has prepared summaries, set
to Brent J. Fields, Secretary, Securities SECURITIES AND EXCHANGE forth in sections A, B, and C below, of
and Exchange Commission, 100 F Street COMMISSION the most significant aspects of such
NE., Washington, DC 20549–1090. statements.
All submissions should refer to File [Release No. 34–82017; File No. SR– A. Self-Regulatory Organization’s
Number SR–Phlx–2017–91. This file PEARL–2017–36]
Statement of the Purpose of, and
number should be included on the Self-Regulatory Organizations; MIAX Statutory Basis for, the Proposed Rule
subject line if email is used. To help the PEARL, LLC; Notice of Filing and Change
Commission process and review your Immediate Effectiveness of a Proposed
comments more efficiently, please use 1. Purpose
Rule Change To Amend the MIAX
only one method. The Commission will The Exchange proposes to make a
PEARL Fee Schedule
post all comments on the Commission’s number of non-substantive, technical
Internet Web site (http://www.sec.gov/ November 6, 2017. corrections to its routing fee table set
rules/sro.shtml). Copies of the forth in Section 1(b) of the Fee Schedule
Pursuant to Section 19(b)(1) of the
submission, all subsequent to reflect recent corporate name changes
Securities Exchange Act of 1934
amendments, all written statements to some of the options exchanges listed
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
with respect to the proposed rule in the table.
notice is hereby given that on November
change that are filed with the As a result of recent exchange
2, 2017, MIAX PEARL, LLC (‘‘MIAX
Commission, and all written consolidation and corporate re-
PEARL’’ or ‘‘Exchange’’) filed with the
communications relating to the branding, some options exchanges have
Securities and Exchange Commission
proposed rule change between the changed their names. The names of all
(‘‘Commission’’) a proposed rule change
Commission and any person, other than options exchanges are set forth in the
as described in Items I, II, and III below,
those that may be withheld from the Exchange’s routing fee table set forth in
which Items have been prepared by the
public in accordance with the Section 1(b) of the Fee Schedule, which
Exchange. The Commission is
provisions of 5 U.S.C. 552, will be sets forth the fees for customer orders
publishing this notice to solicit
available for Web site viewing and that are routed to those options
comments on the proposed rule change
printing in the Commission’s Public exchanges for execution. Accordingly,
from interested persons.
Reference Room, 100 F Street NE., the Exchange proposes to update its
Washington, DC 20549, on official I. Self-Regulatory Organization’s routing fee table set forth in Section 1(b)
business days between the hours of Statement of the Terms of Substance of of the Fee Schedule to reflect those
10:00 a.m. and 3:00 p.m. Copies of the the Proposed Rule Change recent exchange name changes. No other
filing also will be available for changes are proposed to the routing fee
inspection and copying at the principal The Exchange is filing a proposal to table. Accordingly, as amended, the
office of the Exchange. All comments amend the MIAX PEARL Fee Schedule routing fee table shall be as follows:
received will be posted without change. (the ‘‘Fee Schedule’’). (b) Fees and Rebates for Customer
Persons submitting comments are The text of the proposed rule change Orders Routed to Another Options
cautioned that we do not redact or edit is available on the Exchange’s Web site Exchange MIAX PEARL will assess a
personal identifying information from at http://www.miaxoptions.com/rule- Routing Fee to market participants on
comment submissions. You should filings/pearl at MIAX PEARL’s principal all orders routed to and executed on an
submit only information that you wish office, and at the Commission’s Public away market as set forth in the table
to make available publicly. All Reference Room. below.
Description Fees
Routed, Priority Customer, Penny Pilot, to: NYSE American, BOX, Cboe, Cboe EDGX Options , Nasdaq MRX, MIAX OPTIONS,
Nasdaq PHLX (except SPY), Nasdaq BX Options .......................................................................................................................... $0.15
Routed, Priority Customer, Penny Pilot, to: NYSE Arca Options, Cboe BZX Options, Cboe C2, Nasdaq GEMX, Nasdaq ISE,
asabaliauskas on DSKBBXCHB2PROD with NOTICES
NOM, Nasdaq PHLX (SPY only) ..................................................................................................................................................... 0.65
Routed, Priority Customer, Non-Penny Pilot, to: NYSE American, BOX, Cboe, Cboe EDGX Options, Nasdaq ISE, Nasdaq MRX,
MIAX OPTIONS, Nasdaq PHLX, Nasdaq BX Options .................................................................................................................... 0.15
Routed, Priority Customer, Non-Penny Pilot, to: NYSE Arca Options, Cboe BZX Options, Cboe C2, Nasdaq GEMX, NOM ......... 0.97
Routed, Public Customer that is not a Priority Customer, Penny Pilot, to: NYSE American, NYSE Arca Options, Cboe BZX Op-
tions, BOX, Cboe, Cboe C2, Cboe EDGX Options, Nasdaq GEMX, Nasdaq ISE, Nasdaq MRX, MIAX OPTIONS, NOM,
Nasdaq PHLX, Nasdaq BX Options ................................................................................................................................................ 0.65
16 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4.
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Document Created: 2017-11-10 01:18:24
Document Modified: 2017-11-10 01:18:24
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 82 FR 52340 |
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