Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change as Modified by Amendment No. 1 Thereto by NASDAQ OMX PHLX LLC Relating to Active SQF Port Fee, 614-615 [2010-33267]
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Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Notices
change has become effective pursuant to
Section 19(b)(3)(A) of the Act 10 and
Rule 19b–4(f)(6) thereunder.11
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:
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–NYSE–2010–86 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–NYSE–2010–86. 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 website (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 website viewing and
printing in the Commission’s Public
jlentini on DSKJ8SOYB1PROD with NOTICES
10 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires a self-regulatory organization to
provide the Commission with written notice of its
intent to file the proposed rule change, along with
a brief description and text of the proposed rule
change, at least five business days prior to the date
of filing of the proposed rule change, or such
shorter time as designated by the Commission. The
Exchange has fulfilled this requirement.
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.12 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–NYSE–
2010–86 and should be submitted on or
before January 26, 2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–33256 Filed 1–4–11; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–63619; File No. SR–Phlx–
2010–181]
Self-Regulatory Organizations; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change as Modified
by Amendment No. 1 Thereto by
NASDAQ OMX PHLX LLC Relating to
Active SQF Port Fee
December 29, 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 December
16, 2010, 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
Exchange submitted an amendment to
the proposed rule change on December
29, 2010 (‘‘Amendment No. 1’’) to clarify
the purpose of the proposed fee change.
The Commission is publishing this
notice to solicit comments on the
proposed rule change, as amended, from
interested persons.
11 17
VerDate Mar<15>2010
16:26 Jan 04, 2011
Jkt 223001
12 The text of the proposed rule change is
available on the Commission’s Web site at https://
www.sec.gov.
13 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend its
Active Specialized Quote Feed (‘‘SQF’’)
Port Fee to create a tiered schedule of
fees.
While changes to the Exchange’s Fee
Schedule pursuant to this proposal are
effective upon filing, the Exchange has
designated this proposal to be operative
for trades occurring on and after January
3, 2011.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://nasdaqtrader.com/
micro.aspx?id=PHLXfilings, 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 purpose of the proposed rule
change is to amend the Active SQF Port
Fees to establish a tiered schedule of
fees.3 SQF is an interface that enables
specialists, Streaming Quote Traders
(‘‘SQTs’’) and Remote Streaming Quote
Traders (‘‘RSQTs’’) to connect and send
quotes into Phlx XL. The Exchange
released SQF 6.0 on October 11, 2010.4
The Exchange anticipates that member
organizations will utilize both SQF 5.0
and SQF 6.0 for a period of time.
Currently, the Exchange assesses an
Active SQF Port Fee of $500 per month
per port. The Exchange would propose
to eliminate the $500 Active Port Fee
and instead assess members an Active
Port Fee as follows:
3 Active SQF ports refer to ports that receive
inbound quotes at any time within that month.
4 See Securities Exchange Act Release No. 63034
(October 4, 2010), 75 FR 62441 (October 8, 2010)
(SR–Phlx–2010–124).
E:\FR\FM\05JAN1.SGM
05JAN1
Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Notices
Exchange members and other persons
using its facilities. The Exchange
believes that assessing fees at the
0–4 ........................................
$350 aforementioned rates is equitable
5–18 ......................................
1,250
because the fee would be applied
19–40 ....................................
2,350
40 and over ..........................
3,000 equally to all members. The Exchange
also believes that the proposal is
reasonable because through the
The Exchange proposes to cap the
transition period the Exchange is
Active SQF Port Fees at $40,000 per
proposing a Cap to ensure members are
month through March 31, 2011 (‘‘Cap’’).
not burdened by proposed tiered
On April 1, 2011, there will no longer
schedule of fees.
be a Cap in effect for the Active SQF
Port Fee. The purpose of the Cap is to
B. Self-Regulatory Organization’s
ensure member organizations are not
Statement on Burden on Competition
assessed fees in excess of the Active
The Exchange does not believe that
SQF Port fees, which fees would have
the proposed rule change will impose
been charged under the fixed rate of
any burden on competition not
$500 per month per port, during the
5
necessary or appropriate in furtherance
transition from SQF 5.0 to SQF 6.0.
of the purposes of the Act.
The Exchange believes that member
organizations will utilize less SQF 6.0
C. Self-Regulatory Organization’s
ports than SQF 5.0 ports and that all
Statement on Comments on the
member organizations should have
Proposed Rule Change Received From
transitioned to SQF 6.0 by March 31,
Members, Participants, or Others
2011. The Exchange believes that the
No written comments were either
proposed tiered Active SQF Port Fees
solicited or received.
will create a more efficient use of
Exchange resources by providing
III. Date of Effectiveness of the
members an incentive to utilize the
Proposed Rule Change and Timing for
minimum number of ports necessary for Commission Action
their business. The Exchange believes
The foregoing rule change has become
that all members will benefit from a
effective pursuant to Section
faster and more efficient system if ports
19(b)(3)(A)(ii) of the Act 10 and
are efficiently utilized by members.6
paragraph (f)(2) of Rule 19b–4 11
The Exchange will continue to
thereunder. At any time within 60 days
account for the number of SQF
of the filing of the proposed rule change,
interfaces in order that member
the Commission summarily may
organizations are not assessed port fees
temporarily suspend such rule change if
for use of the prior version of the
it appears to the Commission that such
interface (SQF 5.0) while transitioning
action is necessary or appropriate in the
to (and paying for) the new version
public interest, for the protection of
(SQF 6.0).7
investors, or otherwise in furtherance of
While changes to the Exchange’s Fee
the purposes of the Act.
Schedule pursuant to this proposal are
effective upon filing, the Exchange has
IV. Solicitation of Comments
designated this proposal to be operative
Interested persons are invited to
on January 3, 2011.
submit written data, views, and
2. Statutory Basis
arguments concerning the foregoing,
The Exchange believes that its
including whether the proposed rule
proposal to amend its Fee Schedule is
change is consistent with the Act.
consistent with Section 6(b) of the Act 8 Comments may be submitted by any of
in general, and furthers the objectives of the following methods:
Section 6(b)(4) of the Act 9 in particular,
Electronic Comments
in that it is an equitable allocation of
reasonable fees and other charges among
• Use the Commission’s Internet
comment form (https://www.sec.gov/
5 See Securities Exchange Act Release No. 63034
rules/sro.shtml); or
(October 4, 2010), 75 FR 62441 (October 8, 2010)
• Send an e-mail to rule(SR–Phlx–2010–124).
comments@sec.gov. Please include File
6 See Amendment No. 1 (adding the preceding
Number SR–Phlx–2010–181 on the
two sentences).
7 See Securities Exchange Act Release No. 63145
subject line.
jlentini on DSKJ8SOYB1PROD with NOTICES
Number of Active SQF Ports
Cost per port
per month
(October 21, 2010), 75 FR 66168 (October 21, 2010)
(SR–Phlx–2010–143) (a proposal to amend the
Active SQF Port Fee so that member organizations
are not assessed a fee for use of SQF 5.0 active ports
to the extent the member is paying for the same (or
greater) number of SQF 6.0 active ports).
8 15 U.S.C. 78f(b).
9 15 U.S.C. 78f(b)(4).
VerDate Mar<15>2010
16:26 Jan 04, 2011
Jkt 223001
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
10 15
11 17
PO 00000
U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f)(2).
Frm 00079
Fmt 4703
Sfmt 4703
615
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–Phlx–2010–181. 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–Phlx–
2010–181 and should be submitted on
or before January 26, 2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–33267 Filed 1–4–11; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–63617; File No. SR–BX–
2010–092]
Self-Regulatory Organizations;
NASDAQ OMX BX, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change To Modify Fees
for the NASDAQ OMX BX Equities
System
December 29, 2010.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
12 17
E:\FR\FM\05JAN1.SGM
CFR 200.30–3(a)(12).
05JAN1
Agencies
[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Notices]
[Pages 614-615]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-33267]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-63619; File No. SR-Phlx-2010-181]
Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change as Modified by Amendment No. 1
Thereto by NASDAQ OMX PHLX LLC Relating to Active SQF Port Fee
December 29, 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 December 16, 2010, 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
Exchange submitted an amendment to the proposed rule change on December
29, 2010 (``Amendment No. 1'') to clarify the purpose of the proposed
fee change. The Commission is publishing this notice to solicit
comments on the proposed rule change, as amended, 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 its Active Specialized Quote Feed
(``SQF'') Port Fee to create a tiered schedule of fees.
While changes to the Exchange's Fee Schedule pursuant to this
proposal are effective upon filing, the Exchange has designated this
proposal to be operative for trades occurring on and after January 3,
2011.
The text of the proposed rule change is available on the Exchange's
Web site at https://nasdaqtrader.com/micro.aspx?id=PHLXfilings, 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 purpose of the proposed rule change is to amend the Active SQF
Port Fees to establish a tiered schedule of fees.\3\ SQF is an
interface that enables specialists, Streaming Quote Traders (``SQTs'')
and Remote Streaming Quote Traders (``RSQTs'') to connect and send
quotes into Phlx XL. The Exchange released SQF 6.0 on October 11,
2010.\4\ The Exchange anticipates that member organizations will
utilize both SQF 5.0 and SQF 6.0 for a period of time.
---------------------------------------------------------------------------
\3\ Active SQF ports refer to ports that receive inbound quotes
at any time within that month.
\4\ See Securities Exchange Act Release No. 63034 (October 4,
2010), 75 FR 62441 (October 8, 2010) (SR-Phlx-2010-124).
---------------------------------------------------------------------------
Currently, the Exchange assesses an Active SQF Port Fee of $500 per
month per port. The Exchange would propose to eliminate the $500 Active
Port Fee and instead assess members an Active Port Fee as follows:
[[Page 615]]
------------------------------------------------------------------------
Cost per port
Number of Active SQF Ports per month
------------------------------------------------------------------------
0-4..................................................... $350
5-18.................................................... 1,250
19-40................................................... 2,350
40 and over............................................. 3,000
------------------------------------------------------------------------
The Exchange proposes to cap the Active SQF Port Fees at $40,000
per month through March 31, 2011 (``Cap''). On April 1, 2011, there
will no longer be a Cap in effect for the Active SQF Port Fee. The
purpose of the Cap is to ensure member organizations are not assessed
fees in excess of the Active SQF Port fees, which fees would have been
charged under the fixed rate of $500 per month per port, during the
transition from SQF 5.0 to SQF 6.0.\5\ The Exchange believes that
member organizations will utilize less SQF 6.0 ports than SQF 5.0 ports
and that all member organizations should have transitioned to SQF 6.0
by March 31, 2011. The Exchange believes that the proposed tiered
Active SQF Port Fees will create a more efficient use of Exchange
resources by providing members an incentive to utilize the minimum
number of ports necessary for their business. The Exchange believes
that all members will benefit from a faster and more efficient system
if ports are efficiently utilized by members.\6\
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 63034 (October 4,
2010), 75 FR 62441 (October 8, 2010) (SR-Phlx-2010-124).
\6\ See Amendment No. 1 (adding the preceding two sentences).
---------------------------------------------------------------------------
The Exchange will continue to account for the number of SQF
interfaces in order that member organizations are not assessed port
fees for use of the prior version of the interface (SQF 5.0) while
transitioning to (and paying for) the new version (SQF 6.0).\7\
---------------------------------------------------------------------------
\7\ See Securities Exchange Act Release No. 63145 (October 21,
2010), 75 FR 66168 (October 21, 2010) (SR-Phlx-2010-143) (a proposal
to amend the Active SQF Port Fee so that member organizations are
not assessed a fee for use of SQF 5.0 active ports to the extent the
member is paying for the same (or greater) number of SQF 6.0 active
ports).
---------------------------------------------------------------------------
While changes to the Exchange's Fee Schedule pursuant to this
proposal are effective upon filing, the Exchange has designated this
proposal to be operative on January 3, 2011.
2. Statutory Basis
The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \8\ in general, and furthers
the objectives of Section 6(b)(4) of the Act \9\ in particular, in that
it is an equitable allocation of reasonable fees and other charges
among Exchange members and other persons using its facilities. The
Exchange believes that assessing fees at the aforementioned rates is
equitable because the fee would be applied equally to all members. The
Exchange also believes that the proposal is reasonable because through
the transition period the Exchange is proposing a Cap to ensure members
are not burdened by proposed tiered schedule of fees.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
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.
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 \10\ and paragraph (f)(2) of Rule 19b-4 \11\
thereunder. 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.
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78s(b)(3)(A)(ii).
\11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
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-2010-181 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-2010-181. 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-Phlx-2010-181 and should be
submitted on or before January 26, 2011.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------
\12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-33267 Filed 1-4-11; 8:45 am]
BILLING CODE 8011-01-P