Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by NASDAQ OMX PHLX LLC To Modify Fees for NASDAQ OMX PSX, 76509-76510 [2010-30703]
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Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Notices
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change is effective
upon filing pursuant to Section
19(b)(3)(A) 6 of the Act and
subparagraph (f)(2) of Rule 19b–4 7
thereunder, because it establishes a due,
fee, or other charge imposed on its
members by NYSE Amex.
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 necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act.
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:
jlentini on DSKJ8SOYB1PROD with NOTICES
Electronic Comments:
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–NYSEAmex–2010–112 on
the subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–NYSEAmex–2010–112.
This file number should be included on
the subject line if e-mail 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 https://
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
a.m. and 3 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–
NYSEAmex–2010–112 and should be
submitted on or before December 29,
2010.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–30718 Filed 12–7–10; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–63411; File No. SR–Phlx–
2010–169]
Self-Regulatory Organizations; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change by NASDAQ
OMX PHLX LLC To Modify Fees for
NASDAQ OMX PSX
December 2, 2010.
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
23, 2010, NASDAQ OMX PHLX LLC
(‘‘Phlx’’ or the ‘‘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 self-regulatory
organization. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
8 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
6 15
U.S.C. 78s(b)(3)(A).
7 17 CFR 240.19b–4(f)(2).
VerDate Mar<15>2010
18:23 Dec 07, 2010
1 15
Jkt 223001
PO 00000
Frm 00117
Fmt 4703
Sfmt 4703
76509
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to modify the
fees applicable to trading on the
NASDAQ OMX PSX system (‘‘PSX’’).
The text of the proposed rule change is
available on the Exchange’s Web site at
https://
nasdaqomxphlx.cchwallstreet.com/
NASDAQOMXPHLX/Filings/, 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
self-regulatory organization 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 those 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 parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange is proposing to modify
order execution fees applicable to use of
PSX. Specifically, the Exchange is
modifying the credit provided to PSX
Participants that provide liquidity to
support executions on the platform. In
keeping with the goal of PSX to provide
an electronic exchange environment
that encourages display of larger order
sizes through its unique price-size order
execution algorithm, the Exchange
proposes to offer a larger liquidity
provider credit to Participants when
Displayed Orders with an original order
size of 2,000 or more shares are
executed. Specifically, the credit will be
$0.0024 per share executed for
Displayed Orders with an original order
size of 2,000 or more shares, but will
only be $0.0018 per share executed for
Non-Displayed Orders or for Displayed
Orders with an original order size of less
than 2,000. Through the change, the
Exchange hopes to further promote PSX
as a venue that enhances price
discovery and efficiency by encouraging
transparent trading of larger orders.
The higher credit would apply to an
order as it is decremented by partial
executions, but would not apply in
circumstances where an order for 2,000
E:\FR\FM\08DEN1.SGM
08DEN1
76510
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Notices
jlentini on DSKJ8SOYB1PROD with NOTICES
or more shares is entered and then
reduced in size by the entering
Participant, such that the order is
subsequently in the System for less than
2,000 shares. Moreover, changes to
orders that result from system
operations other than execution and
decrementation will also be deemed to
result in new orders. For example, a
Pegged Order will be considered a new
order each time its price changes.
Thus, if a Participant entered a 2,400
share order that posted to the PSX book,
the order was executed for 1,000 shares,
and the remainder of the order was then
executed for 1,400, both of the
executions would receive the $0.0024
credit. However, if a PSX Participant
entered a 2,400 share order and
subsequently modified the order down
to 1,500 shares, the $0.0018 credit
would apply. Finally, if a Participant
entered a 2,400 share buy order pegged
to the national best bid, the order
executed for 1,000 shares, and the order
then repriced due to a change in the
national best bid, the 1,000 share
execution would receive the $0.0024
credit but a subsequent execution of the
repriced order would receive the
$0.0018 credit because it would be
treated as a new order with a size below
2,000 shares.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the provisions of Section 6 of the Act,3
in general, and with Section 6(b)(4) of
the Act,4 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. The impact of the price
changes upon the net fees paid by a
particular market participant will
depend upon a number of variables,
including the prices of the market
participant’s quotes and orders relative
to the national best bid and offer (i.e.,
its propensity to add or remove
liquidity), its usage of Non-Displayed
orders, and the size of the orders that it
enters.
The Exchange notes that it operates in
a highly competitive market in which
market participants can readily direct
order flow to competing venues if they
deem fee levels at a particular venue to
be excessive. The change will result in
a fee reduction to PSX Participants that
provide liquidity through PSX using
relatively large orders, and a fee
increase to Participants using small
3 15
4 15
U.S.C. 78f.
U.S.C. 78f(b)(4).
VerDate Mar<15>2010
18:23 Dec 07, 2010
orders or Non-Displayed Orders. If
particular market participants object to
the proposed fee changes because they
prefer the use of smaller or NonDisplayed Orders, they may readily
direct order flow to other venues. The
Exchange believes that its fees continue
to be reasonable and equitably allocated
to members on the basis of whether they
opt to direct orders to the Exchange and
thereby make use of its order execution
services.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act, as amended.
Because the market for order execution
and routing is extremely competitive,
members may readily direct orders to
the Exchange’s competitors. Indeed, as a
relatively new market entrant, the
Exchange believes that its pricing will
promote further competition by
enhancing the ability of PSX to compete
with alternative trading systems that
seek to attract larger order sizes through
pricing or by operating as ‘‘dark pools.’’
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.5 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
necessary or appropriate in the public
interest, for the protection of investors,
or 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:
5 15
Jkt 223001
PO 00000
U.S.C. 78s(b)(3)(A)(ii).
Frm 00118
Fmt 4703
Sfmt 9990
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–Phlx–2010–169 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–Phlx–2010–169. This file
number should be included on the
subject line if e-mail 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 (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission,6 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
a.m. and 3 p.m. Copies of such 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–
2010–169 and should be submitted on
or before December 29, 2010.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–30703 Filed 12–7–10; 8:45 am]
BILLING CODE 8011–01–P
6 The text of the proposed rule change is available
on the Commission’s Web site at https://
www.sec.gov/rules/sro.shtml.
7 17 CFR 200.30–3(a)(12).
E:\FR\FM\08DEN1.SGM
08DEN1
Agencies
[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Notices]
[Pages 76509-76510]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30703]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-63411; File No. SR-Phlx-2010-169]
Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NASDAQ OMX PHLX LLC To Modify
Fees for NASDAQ OMX PSX
December 2, 2010.
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 23, 2010, NASDAQ OMX PHLX LLC (``Phlx'' or the
``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 self-regulatory
organization. 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 modify the fees applicable to trading on
the NASDAQ OMX PSX system (``PSX''). The text of the proposed rule
change is available on the Exchange's Web site at https://nasdaqomxphlx.cchwallstreet.com/NASDAQOMXPHLX/Filings/, 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 self-regulatory organization
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 those 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 parts of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange is proposing to modify order execution fees applicable
to use of PSX. Specifically, the Exchange is modifying the credit
provided to PSX Participants that provide liquidity to support
executions on the platform. In keeping with the goal of PSX to provide
an electronic exchange environment that encourages display of larger
order sizes through its unique price-size order execution algorithm,
the Exchange proposes to offer a larger liquidity provider credit to
Participants when Displayed Orders with an original order size of 2,000
or more shares are executed. Specifically, the credit will be $0.0024
per share executed for Displayed Orders with an original order size of
2,000 or more shares, but will only be $0.0018 per share executed for
Non-Displayed Orders or for Displayed Orders with an original order
size of less than 2,000. Through the change, the Exchange hopes to
further promote PSX as a venue that enhances price discovery and
efficiency by encouraging transparent trading of larger orders.
The higher credit would apply to an order as it is decremented by
partial executions, but would not apply in circumstances where an order
for 2,000
[[Page 76510]]
or more shares is entered and then reduced in size by the entering
Participant, such that the order is subsequently in the System for less
than 2,000 shares. Moreover, changes to orders that result from system
operations other than execution and decrementation will also be deemed
to result in new orders. For example, a Pegged Order will be considered
a new order each time its price changes.
Thus, if a Participant entered a 2,400 share order that posted to
the PSX book, the order was executed for 1,000 shares, and the
remainder of the order was then executed for 1,400, both of the
executions would receive the $0.0024 credit. However, if a PSX
Participant entered a 2,400 share order and subsequently modified the
order down to 1,500 shares, the $0.0018 credit would apply. Finally, if
a Participant entered a 2,400 share buy order pegged to the national
best bid, the order executed for 1,000 shares, and the order then
repriced due to a change in the national best bid, the 1,000 share
execution would receive the $0.0024 credit but a subsequent execution
of the repriced order would receive the $0.0018 credit because it would
be treated as a new order with a size below 2,000 shares.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\3\ in general, and with
Section 6(b)(4) of the Act,\4\ 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. The impact of the price
changes upon the net fees paid by a particular market participant will
depend upon a number of variables, including the prices of the market
participant's quotes and orders relative to the national best bid and
offer (i.e., its propensity to add or remove liquidity), its usage of
Non-Displayed orders, and the size of the orders that it enters.
---------------------------------------------------------------------------
\3\ 15 U.S.C. 78f.
\4\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
The Exchange notes that it operates in a highly competitive market
in which market participants can readily direct order flow to competing
venues if they deem fee levels at a particular venue to be excessive.
The change will result in a fee reduction to PSX Participants that
provide liquidity through PSX using relatively large orders, and a fee
increase to Participants using small orders or Non-Displayed Orders. If
particular market participants object to the proposed fee changes
because they prefer the use of smaller or Non-Displayed Orders, they
may readily direct order flow to other venues. The Exchange believes
that its fees continue to be reasonable and equitably allocated to
members on the basis of whether they opt to direct orders to the
Exchange and thereby make use of its order execution services.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act, as amended. Because the
market for order execution and routing is extremely competitive,
members may readily direct orders to the Exchange's competitors.
Indeed, as a relatively new market entrant, the Exchange believes that
its pricing will promote further competition by enhancing the ability
of PSX to compete with alternative trading systems that seek to attract
larger order sizes through pricing or by operating as ``dark pools.''
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.\5\ 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 necessary or appropriate in the public interest, for the
protection of investors, or 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.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------
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 (https://www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-Phlx-2010-169 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-Phlx-2010-169. This file
number should be included on the subject line if e-mail 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 (https://www.sec.gov/rules/sro.shtml). Copies of the submission,\6\ 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
a.m. and 3 p.m. Copies of such 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-2010-169 and should be
submitted on or before December 29, 2010.
---------------------------------------------------------------------------
\6\ The text of the proposed rule change is available on the
Commission's Web site at https://www.sec.gov/rules/sro.shtml.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------
\7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-30703 Filed 12-7-10; 8:45 am]
BILLING CODE 8011-01-P