83 FR 14696 - Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchange's Provisions for Excluding a Day From Its Volume Calculations for Purposes of Determining Volume Based Pricing
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 83, Issue 66 (April 5, 2018)
Federal Register Volume 83, Issue 66 (April 5, 2018)
| Page Range | 14696-14698 | |
| FR Document | 2018-06911 |
[Federal Register Volume 83, Number 66 (Thursday, April 5, 2018)] [Notices] [Pages 14696-14698] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06911] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82968; File No. SR-Phlx-2018-27] Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchange's Provisions for Excluding a Day From Its Volume Calculations for Purposes of Determining Volume Based Pricing March 30, 2018. 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 March 19, 2018, Nasdaq 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. --------------------------------------------------------------------------- \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 Exchange's provisions for excluding a day from its volume calculations for purposes of determining volume based pricing. The text of the proposed rule change is available on the Exchange's website 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 statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. [[Page 14697]] A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposed rule change is to amend the Exchange's provisions for excluding a day from its volume calculations for purposes of determining volume based pricing. The Exchange is standardizing its practice for removing a day from volume calculations in the fee schedule with its affiliated options exchanges, Nasdaq ISE, LLC (``ISE), Nasdaq GEMX, LLC (``GEMX''), and Nasdaq MRX, LLC (``MRX'') (collectively, the ``Nasdaq ISE Markets''). To avoid penalizing members when aberrant low volume days result from systems or other issues at the Exchange, or where the Exchange closes early for holiday observance, the Exchange has language in its pricing schedule allowing it to exclude certain days from its average daily volume (``ADV'') or other volume calculations. Currently, language in the Exchange's pricing schedule provides that, for purposes of determining average daily volume or volume-based pricing, any day that the market is not open for the entire trading day will be excluded from such calculation. The Exchange proposes to adopt language for Phlx options \3\ that is identical to language currently in place on the Nasdaq ISE Markets,\4\ with the one exception that it would include language that clarifies how this rule applies to calculations that are based on a percentage of industry volume.\5\ Specifically, as proposed, any day that the market is not open for the entire trading day or the Exchange instructs members in writing to route their orders to other markets may be excluded from the ADV calculation or calculation based on a percentage of industry volume; provided that the Exchange will only remove the day for members that would have a lower ADV or percentage of industry volume with the day included. If a day is removed from a calculation based on a percentage of monthly industry volume, volume executed that day will be removed from both the numerator and the denominator of the calculation. While similar to the language currently in place on the Exchange, the proposed language: (1) Provides greater flexibility to remove a day when the Exchange instructs members in writing to route their orders to other markets, (2) modifies the provision so that members will only have the day removed when doing so is beneficial for the member, (3) applies the provision to ADV calculations or calculation based on a percentage of industry volume, and not for other volume-based pricing where members would not benefit from having the day excluded, and (4) accounts for calculations based on a percentage of industry volume by removing the day from both the numerator and denominator of the calculation. Other than days where the Exchange closes early for a scheduled holiday observance, the Exchange will inform members of days that are to be excluded from its ADV calculations via system status message disseminated to all members. --------------------------------------------------------------------------- \3\ Because the Exchange is conforming its practice for options markets only, the current language will remain in place for PSX equities. \4\ See ISE Schedule of Fees, Preface; GEMX Schedule of Fees, Qualifying Tier Thresholds; and MRX Schedule of Fees, Member Volume Program: Qualifying Tier Thresholds. \5\ The Nasdaq ISE Markets do not have any fees calculated based on a percentage of industry volume. --------------------------------------------------------------------------- The Nasdaq ISE Markets adopted the language on instructing members to route away to prevent situations where days that have artificially lower volume could not be excluded, for example, because the exchange experienced an issue in the morning that did not carry over into the trading day. Like the Nasdaq ISE Markets, the Exchange believes that it should have the flexibility to exclude days if members have been instructed to send their orders elsewhere, regardless of whether the issue that resulted in this instruction ultimately impacts the availability of the Exchange for trading. In addition, to avoid penalizing members that step up and trade on a day that the Exchange is experiencing difficulties, the Nasdaq ISE Markets only remove days from their ADV calculations for members that would have a lower ADV or percentage of industry volume with the day included. This provision would also be helpful on the Exchange as it would ensure that members that continue to execute a large volume of contracts are not inadvertently disadvantaged when the Exchange removes a day from its ADV calculation. Furthermore, the proposed language applies to ADV calculations or calculation based on a percentage of industry volume, and not for other volume-based pricing, as members do not benefit when a day is removed for straight volume accumulations. Again, the Exchange believes that the approach of the Nasdaq ISE Markets would be beneficial for the Exchange as it counts volume executed during an excluded day for purposes of straight volume accumulations. Unlike the Nasdaq ISE Markets, however, the Exchange has fees that are based on a percentage of industry volume. As such, the Exchange is including language in its rule that accounts for these calculations by explicitly mentioning that days may be removed from these calculations, and including language that explains that the day will be moved from both the numerator of the calculation and the denominator of the calculation. Removing the day from both the numerator and denominator of the calculation will ensure that members benefit from this rule as removing the day from the numerator only (i.e., the member's volume) without removing it from the denominator (i.e., industry volume) would penalize the member. 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act,\6\ in general, and furthers the objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\7\ in particular, in that it provides for the equitable allocation of reasonable dues, fees and other charges among members and issuers and other persons using any facility, and is not designed to permit unfair discrimination between customers, issuers, brokers, or dealers. --------------------------------------------------------------------------- \6\ 15 U.S.C. 78f(b). \7\ 15 U.S.C. 78f(b)(4) and (5). --------------------------------------------------------------------------- The Exchange believes that the proposed rule change is reasonable and equitable as it provides a new framework for removing days from the Exchange's volume calculations that the Exchange believes is beneficial to members and consistent with similar provisions already in place on its affiliated options exchanges, with the one exception described above for fees based on a percentage of industry volume. The proposed rule change would allow the Exchange to remove a day from its ADV calculations in more circumstances, i.e., when the Exchange instructs members in writing to route their orders to other markets, and ensures that the Exchange will only do so in circumstances where beneficial for the member due to the member executing a lower ADV or percentage of industry volume during the excluded day. The Exchange believes that it is reasonable and equitable to exclude a day from its ADV calculations when members are instructed to route their orders to other markets as this preserves the Exchange's intent behind adopting volume-based pricing, and avoids penalizing members that follow this instruction. Similarly, the Exchange believes that it is reasonable and [[Page 14698]] equitable to only exclude a day from its calculations for members that would otherwise have a lower ADV or percentage of industry volume. Without these changes, members that route away in accordance with the Exchange's instructions, or that step up and trade significant volume on excluded trading days, may be negatively impacted, resulting in an effective cost increase for those members. In addition, the Exchange believes that it is reasonable and equitable to apply the proposed language only to ADV based volume calculations and calculation based on a percentage of industry volume as removing the day for straight volume accumulations would never be beneficial for the member as it would reduce the volume counted for the member for the month. Furthermore, the proposed language about removing the day from both the numerator and denominator of a calculation based on a percentage of industry volume is reasonable and equitable and this treatment ensures that the member actually benefits from having the day removed. Finally, the Exchange further believes that the proposed rule change is not unfairly discriminatory because it applies equally to all members. While the Exchange currently has rules in place for removing a day from its pricing, the Exchange believes that the proposed changes will benefit all members by providing broader authority to remove a day similar to that available on its affiliates, and ensuring that days are removed only in situations where the member benefits. 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. The proposed rule change is designed to standardize the Exchange's practice for removing days from its ADV calculations with its affiliated options exchanges, with one exception that accounts for fees based on a percentage of industry volume. The Exchange believes that the proposed modifications to its ADV calculations are pro-competitive and will result in lower total costs to end users, a positive outcome of competitive markets. The Exchange operates in a highly competitive market in which market participants can readily direct their order flow to competing venues. In such an environment, the Exchange must continually review, and consider adjusting, its fees and rebates 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.\8\ --------------------------------------------------------------------------- \8\ 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 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-2018-27 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-2018-27. 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 website (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 website 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-2018-27 and should be submitted on or before April 26, 2018. --------------------------------------------------------------------------- \9\ 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\9\ Eduardo Aleman, Assistant Secretary. [FR Doc. 2018-06911 Filed 4-4-18; 8:45 am] BILLING CODE 8011-01-P
![14696 Federal Register / Vol. 83, No. 66 / Thursday, April 5, 2018 / Notices
B. Self-Regulatory Organization’s Comments may be submitted by any of SECURITIES AND EXCHANGE
Statement on Burden on Competition the following methods: COMMISSION
The Exchange does not believe that Electronic Comments
the proposed rule change will impose [Release No. 34–82968; File No. SR–Phlx–
any burden on competition not • Use the Commission’s internet 2018–27]
necessary or appropriate in furtherance comment form (http://www.sec.gov/
of the purposes of the Act. Electronic rules/sro.shtml); or Self-Regulatory Organizations; Nasdaq
ROTs will continue to be entitled to • Send an email to rule-comments@ PHLX LLC; Notice of Filing and
certain allocations, similar to today. sec.gov. Please include File Number SR– Immediate Effectiveness of Proposed
Electronic ROTs, unlike other market Phlx–2018–22 on the subject line. Rule Change To Amend the
participants, have obligations which the Exchange’s Provisions for Excluding a
Exchange has memorialized within the Paper Comments Day From Its Volume Calculations for
proposed rule text. The Exchange Purposes of Determining Volume
believes that treating Electronic ROTs • Send paper comments in triplicate
to Secretary, Securities and Exchange Based Pricing
differently than other market
participants does not impose an undue Commission, 100 F Street NE, March 30, 2018.
burden on competition because Washington, DC 20549–1090.
Pursuant to Section 19(b)(1) of the
Electronic ROTs provide liquidity to the All submissions should refer to File Securities Exchange Act of 1934
market which benefits market Number SR–Phlx–2018–22. This file
participants who interact with that (‘‘Act’’),1 and Rule 19b–4 thereunder,2
number should be included on the notice is hereby given that on March 19,
liquidity. The Exchange requires subject line if email is used. To help the
Electronic ROTs today to maintain fair 2018, Nasdaq PHLX LLC (‘‘Phlx’’ or
Commission process and review your
and orderly markets. The Exchange ‘‘Exchange’’) filed with the Securities
comments more efficiently, please use
believes the allocation benefits are and Exchange Commission (‘‘SEC’’ or
only one method. The Commission will
commensurate with the quoting ‘‘Commission’’) the proposed rule
post all comments on the Commission’s
obligations imposed on Electronic internet website (http://www.sec.gov/ change as described in Items I, II, and
ROTs. Additionally, the Exchange rules/sro.shtml). Copies of the III, below, which Items have been
believes that the varying quoting submission, all subsequent prepared by the Exchange. The
requirements as between electronic amendments, all written statements Commission is publishing this notice to
ROTs and Specialists and electronic with respect to the proposed rule solicit comments on the proposed rule
Directed SQTs and Directed RSQTs does change that are filed with the change from interested persons.
not impose an undue burden on Commission, and all written
competition because while electronic I. Self-Regulatory Organization’s
communications relating to the Statement of the Terms of Substance of
ROTs will be subject to lower quoting proposed rule change between the
requirements as compared to Specialists the Proposed Rule Change
Commission and any person, other than
and electronic Directed SQTs and those that may be withheld from the
Directed RSQTs, they will also be The Exchange proposes to amend the
public in accordance with the Exchange’s provisions for excluding a
entitled to lower allocations. provisions of 5 U.S.C. 552, will be day from its volume calculations for
C. Self-Regulatory Organization’s available for website viewing and purposes of determining volume based
Statement on Comments on the printing in the Commission’s Public pricing.
Proposed Rule Change Received From Reference Room, 100 F Street NE,
Members, Participants, or Others Washington, DC 20549 on official The text of the proposed rule change
business days between the hours of is available on the Exchange’s website at
No written comments were either http://nasdaqphlx.cchwallstreet.com/,
solicited or received. 10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for at the principal office of the Exchange,
III. Date of Effectiveness of the inspection and copying at the principal and at the Commission’s Public
Proposed Rule Change and Timing for office of the Exchange. All comments Reference Room.
Commission Action received will be posted without change. II. Self-Regulatory Organization’s
Within 45 days of the date of Persons submitting comments are
Statement of the Purpose of, and
publication of this notice in the Federal cautioned that we do not redact or edit
Statutory Basis for, the Proposed Rule
Register or within such longer period (i) personal identifying information from
comment submissions. You should Change
as the Commission may designate up to
90 days of such date if it finds such submit only information that you wish In its filing with the Commission, the
longer period to be appropriate and to make available publicly. All Exchange included statements
publishes its reasons for so finding or submissions should refer to File concerning the purpose of and basis for
(ii) as to which the Exchange consents, Number SR–Phlx–2018–22, and should the proposed rule change and discussed
the Commission shall: (a) By order be submitted on or before April 26, any comments it received on the
approve or disapprove such proposed 2018.
proposed rule change. The text of these
rule change, or (b) institute proceedings For the Commission, by the Division of statements may be examined at the
to determine whether the proposed rule Trading and Markets, pursuant to delegated places specified in Item IV below. The
change should be disapproved. authority.47 Exchange has prepared summaries, set
amozie on DSK30RV082PROD with NOTICES
IV. Solicitation of Comments Eduardo Aleman, forth in sections A, B, and C below, of
Interested persons are invited to Assistant Secretary. the most significant aspects of such
submit written data, views, and [FR Doc. 2018–06916 Filed 4–4–18; 8:45 am] statements.
arguments concerning the foregoing, BILLING CODE 8011–01–P
including whether the proposed rule 1 15 U.S.C. 78s(b)(1).
change is consistent with the Act. 47 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.
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![14698 Federal Register / Vol. 83, No. 66 / Thursday, April 5, 2018 / Notices
equitable to only exclude a day from its the reasons described above, the change that are filed with the
calculations for members that would Exchange believes that the proposed fee Commission, and all written
otherwise have a lower ADV or changes reflect this competitive communications relating to the
percentage of industry volume. Without environment. proposed rule change between the
these changes, members that route away Commission and any person, other than
C. Self-Regulatory Organization’s those that may be withheld from the
in accordance with the Exchange’s
instructions, or that step up and trade Statement on Comments on the public in accordance with the
significant volume on excluded trading Proposed Rule Change Received From provisions of 5 U.S.C. 552, will be
days, may be negatively impacted, Members, Participants, or Others available for website viewing and
resulting in an effective cost increase for No written comments were either printing in the Commission’s Public
those members. In addition, the solicited or received. Reference Room, 100 F Street NE,
Exchange believes that it is reasonable Washington, DC 20549, on official
III. Date of Effectiveness of the
and equitable to apply the proposed business days between the hours of
Proposed Rule Change and Timing for
language only to ADV based volume 10:00 a.m. and 3:00 p.m. Copies of the
Commission Action
calculations and calculation based on a filing also will be available for
percentage of industry volume as The foregoing rule change has become inspection and copying at the principal
removing the day for straight volume effective pursuant to Section office of the Exchange. All comments
accumulations would never be 19(b)(3)(A)(ii) of the Act.8 received will be posted without change.
beneficial for the member as it would At any time within 60 days of the Persons submitting comments are
reduce the volume counted for the filing of the proposed rule change, the cautioned that we do not redact or edit
member for the month. Furthermore, the Commission summarily may personal identifying information from
proposed language about removing the temporarily suspend such rule change if comment submissions. You should
day from both the numerator and it appears to the Commission that such submit only information that you wish
denominator of a calculation based on a action is: (i) Necessary or appropriate in to make available publicly.
percentage of industry volume is the public interest; (ii) for the protection All submissions should refer to File
reasonable and equitable and this of investors; or (iii) otherwise in Number SR–Phlx–2018–27 and should
treatment ensures that the member furtherance of the purposes of the Act. be submitted onor before April 26, 2018.
actually benefits from having the day If the Commission takes such action, the For the Commission, by the Division of
removed. Finally, the Exchange further Commission shall institute proceedings Trading and Markets, pursuant to delegated
believes that the proposed rule change to determine whether the proposed rule authority.9
is not unfairly discriminatory because it should be approved or disapproved. Eduardo Aleman,
applies equally to all members. While IV. Solicitation of Comments Assistant Secretary.
the Exchange currently has rules in [FR Doc. 2018–06911 Filed 4–4–18; 8:45 am]
place for removing a day from its Interested persons are invited to
submit written data, views, and BILLING CODE 8011–01–P
pricing, the Exchange believes that the
proposed changes will benefit all arguments concerning the foregoing,
members by providing broader authority including whether the proposed rule
SECURITIES AND EXCHANGE
to remove a day similar to that available change is consistent with the Act.
COMMISSION
on its affiliates, and ensuring that days Comments may be submitted by any of
are removed only in situations where the following methods: [Release No. 34–82973; File No. SR–
the member benefits. NYSEArca–2017–99]
Electronic Comments
B. Self-Regulatory Organization’s • Use the Commission’s internet Self-Regulatory Organizations; NYSE
Statement on Burden on Competition comment form (http://www.sec.gov/ Arca, Inc.; Notice of Filing of
The Exchange does not believe that rules/sro.shtml); or Amendment No. 3 and Order Granting
the proposed rule change will impose • Send an email to rule-comments@ Accelerated Approval of a Proposed
any burden on competition not sec.gov. Please include File Number SR– Rule Change, as Modified by
necessary or appropriate in furtherance Phlx–2018–27 on the subject line. Amendment No. 3, To List and Trade
of the purposes of the Act. The Shares of the Hartford Schroders Tax-
Paper Comments Aware Bond ETF Under NYSE Arca
proposed rule change is designed to
standardize the Exchange’s practice for • Send paper comments in triplicate Rule 8.600–E
removing days from its ADV to Secretary, Securities and Exchange
March 30, 2018.
calculations with its affiliated options Commission, 100 F Street NE,
exchanges, with one exception that Washington, DC 20549–1090. I. Introduction
accounts for fees based on a percentage All submissions should refer to File On October 11, 2017, NYSE Arca, Inc.
of industry volume. The Exchange Number SR–Phlx–2018–27. This file (‘‘Exchange’’ or ‘‘NYSE Arca’’) filed
believes that the proposed modifications number should be included on the with the Securities and Exchange
to its ADV calculations are pro- subject line if email is used. To help the Commission (‘‘Commission’’), pursuant
competitive and will result in lower Commission process and review your to Section 19(b)(1) of the Securities
total costs to end users, a positive comments more efficiently, please use Exchange Act of 1934 (‘‘Act’’) 1 and Rule
outcome of competitive markets. The only one method. The Commission will 19b–4 thereunder,2 a proposed rule
Exchange operates in a highly post all comments on the Commission’s change to list and trade shares
amozie on DSK30RV082PROD with NOTICES
competitive market in which market internet website (http://www.sec.gov/ (‘‘Shares’’) of the Hartford Schroders
participants can readily direct their rules/sro.shtml). Copies of the Tax-Aware Bond ETF (‘‘Fund’’) under
order flow to competing venues. In such submission, all subsequent NYSE Arca Rule 8.600–E. The proposed
an environment, the Exchange must amendments, all written statements
continually review, and consider with respect to the proposed rule 9 17 CFR 200.30–3(a)(12).
adjusting, its fees and rebates to remain 1 15 U.S.C. 78s(b)(1).
competitive with other exchanges. For 8 15 U.S.C. 78s(b)(3)(A)(ii). 2 17 CFR 240.19b–4.
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Document Created: 2018-11-01 09:13:44
Document Modified: 2018-11-01 09:13:44
| 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 | 83 FR 14696 |
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