Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Extension of a Pilot Program Concerning Disseminated Quotations, 13678-13681 [2011-5775]

Download as PDF 13678 Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Notices 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 Number SR–BX–2011–013, and should be submitted on or before April 4, 2011. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.7 Cathy H. Ahn, Deputy Secretary. [FR Doc. 2011–5776 Filed 3–11–11; 8:45 am] Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change, as amended, is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission’s Internet comment form (http://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–BX–2011–013 on the subject line. BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–64056; File No. SR–Phlx– 2011–29] Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Extension of a Pilot Program Concerning Disseminated Quotations March 8, 2011. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’),1 and Rule 19b–4 2 thereunder, notice is hereby given that on February • Send paper comments in triplicate 24, 2011, NASDAQ OMX PHLX LLC to Elizabeth M. Murphy, Secretary, (‘‘Phlx’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission, Securities and Exchange Commission 100 F Street, NE., Washington, DC (‘‘SEC’’ or ‘‘Commission’’) the proposed 20549–1090. rule change as described in Items I, II, All submissions should refer to File and III, below, which Items have been Number SR–BX–2011–013. This file prepared by the Exchange. The number should be included on the subject line if e-mail is used. To help the Commission is publishing this notice to solicit comments on the proposed rule Commission process and review your change from interested persons. comments more efficiently, please use only one method. The Commission will I. Self-Regulatory Organization’s post all comments on the Commission’s Statement of the Terms of Substance of Internet Web site (http://www.sec.gov/ the Proposed Rule Change rules/sro.shtml). Copies of the The Exchange proposes to amend submission, all subsequent Exchange Rules 1017, Openings in amendments, all written statements Options, and 1082, Firm Quotations, to with respect to the proposed rule extend, through July 31, 2011, a pilot change that are filed with the program (the ‘‘pilot’’) under which the Commission, and all written Exchange’s rules describe the manner in communications relating to the which the PHLX XL® automated options proposed rule change between the trading system 3 disseminates quotations Commission and any person, other than when (i) there is an opening imbalance those that may be withheld from the in a particular series, and (ii) there is a public in accordance with the Quote Exhaust (as described below) or provisions of 5 U.S.C. 552, will be a Market Exhaust (as described below) available for Web site viewing and quote condition present in a particular printing in the Commission’s Public series. Reference Room on official business days between the hours of 10 a.m. and 7 17 CFR 200.30–3(a)(12). 3 p.m. Copies of such filing also will be 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. available for inspection and copying at 3 This proposal refers to ‘‘PHLX XL’’ as the the principal offices of the Exchange. Exchange’s automated options trading system. In All comments received will be posted May 2009 the Exchange enhanced the system and without change; the Commission does adopted corresponding rules referring to the system not edit personal identifying as ‘‘Phlx XL II.’’ See Securities Exchange Act Release No. 59995 (May 28, 2009), 74 FR 26750 (June 3, information from submissions. You 2009) (SR–Phlx–2009–32). The Exchange intends to should submit only information that you wish to make available publicly. All submit a separate technical proposed rule change that would change all references to the system from submissions should refer to File ‘‘Phlx XL II’’ to ‘‘PHLX XL’’ for branding purposes. mstockstill on DSKH9S0YB1PROD with NOTICES Paper Comments VerDate Mar<15>2010 16:20 Mar 11, 2011 Jkt 223001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 The current pilot is scheduled to expire March 31, 2011. The text of the proposed rule change is available on the Exchange’s Web site at http://www.nasdaqtrader.com/ micro.aspx?id=PHLXRulefilings, 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 extend the pilot through July 31, 2011. Background In June, 2009, the Exchange added several significant enhancements to its automated options trading platform (now known as PHLX XL), and adopted rules to reflect those enhancements.4 As part of the system enhancements, the Exchange proposed to disseminate a ‘‘non-firm’’ quote condition on a bid or offer whose size is exhausted in certain situations. The non-exhausted side of the Exchange’s disseminated quotation would remain firm up to its disseminated size. At the time the Exchange proposed the ‘‘one-sided nonfirm’’ quote condition, the Options Price Reporting Authority (‘‘OPRA’’) was only capable of disseminating option quotations for which both sides of the quotation are marked ‘‘non-firm.’’ OPRA does not disseminate a ‘‘non-firm’’ condition for one side of a quotation while the other side of the quotation remains firm.5 4 See Securities Exchange Act Release No. 59995 (May 28, 2009), 74 FR 26750 (June 3, 2009) (SR– Phlx–2009–32). 5 Currently, there is no mechanism for the Options Price Reporting Authority (‘‘OPRA’’) to identify only one side of a quote as non-firm. The Exchange has approached OPRA to attempt to develop the capability to identify and implement such functionality. The Exchange has asked the E:\FR\FM\14MRN1.SGM 14MRN1 Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Notices Accordingly, the Exchange proposed, for a pilot period scheduled to expire November 30, 2009, and later extended through September 30, 2010,6 and then through March 31, 2011,7 to disseminate quotations in such a circumstance with (i) a bid price of $0.00, with a size of one contract if the remaining size is a seller, or (ii) an offer price of $200,000, with a size of one contract if the remaining size is a buyer. The Exchange subsequently modified the manner in which the PHLX XL system disseminates quotes when one side of the quote is exhausted but the opposite side still has marketable size at the disseminated price, as described in detail below.8 On October 7, 2010, the U.S. options exchanges, as participants in the OPRA Plan, voted to make technological changes that would enable OPRA to support a one-sided non-firm quote condition. These technological changes provide the opportunity for OPRA and the participants to design, test, and deploy modifications to their systems, and to establish connectivity with quotation vendors, that will support the one-sided non-firm quote condition. The Exchange is proposing to extend the current pilot through July 31, 2011, in order to account for the time required to complete the changes, and to account for the possibility that issues could arise that might delay the process. mstockstill on DSKH9S0YB1PROD with NOTICES Opening Imbalance An opening ‘‘imbalance’’ occurs when all opening marketable size cannot be completely executed at or within an established Opening Quote Range (‘‘OQR’’) for the affected series.9 Currently, pursuant to Exchange Rule 1017(l)(v)(C)(7), any unexecuted contracts from the opening imbalance not traded or routed are displayed in the Commission to revise this footnote by deleting the prior sentence and replace it with the following: ‘‘In November, 2010, OPRA filed for immediate effectiveness to enable its systems to support such functionality. See Securities Exchange Act Release No. 63400 (November 30, 2010), 75 FR 76058 (December 7, 2010)(SR–OPRA–2010–04).’’ See email from Richard S. Rudolph, Associate General Counsel, NASDAQ OMX PHLX, to David Liu, Senior Special Counsel, Commission, dated March 8, 2011. 6 See supra n.4. 7 See Securities Exchange Act Release No. 63350 (November 19, 2010), 75 FR 73150 (November 29, 2010) (SR–Phlx–2010–156). 8 See Securities Exchange Act Release No. 63024 (September 30, 2010), 75 FR 61799 (October 6, 2010) (SR–Phlx–2010–134). 9 Where there is an imbalance at the price at which the maximum number of contracts can trade that is also at or within the lowest quote bid and highest quote offer, the PHLX XL system will calculate an OQR for a particular series, outside of which the PHLX XL system will not execute. See Exchange Rule 1017(l)(iii) and (iv). VerDate Mar<15>2010 16:20 Mar 11, 2011 Jkt 223001 Exchange quote at the opening price for a period not to exceed ten seconds, and subsequently, cancelled back to the entering participant if they remain unexecuted and priced through the opening price, unless the member that submitted the original order has instructed the Exchange in writing to reenter the remaining size, in which case the remaining size will be automatically submitted as a new order. During this display time period, the PHLX XL system disseminates, if the imbalance is a buy imbalance, an offer of $0.00, with a size of zero contracts or, if the imbalance is a sell imbalance, a bid of $0.00, with a size of zero contracts, on the opposite side of the market from remaining unexecuted contracts. The purpose of this provision is to indicate that the Exchange has exhausted all marketable interest, at or within the OQR, on one side of the market during the opening process yet has remaining unexecuted contracts on the opposite side of the market that are firm at the disseminated price and size. Rule 1017(l)(v)(C)(7) is subject to the pilot, which is scheduled to expire March 31, 2011. The Exchange proposes to extend the pilot through July 31, 2011. Quote Exhaust Quote Exhaust occurs when the market at a particular price level on the Exchange includes a quote, and such market is exhausted by an inbound contra-side quote or order (‘‘initiating quote or order’’), and following such exhaustion, contracts remain to be executed from the initiating quote or order.10 Rather than immediately executing at the next available price, the PHLX XL system employs a timer (a ‘‘Quote Exhaust Timer’’), not to exceed one second, in order to allow market participants to refresh their quotes. During the Quote Exhaust Timer, PHLX XL currently disseminates the ‘‘Reference Price’’ (the most recent execution price) for the remaining size, provided that such price does not lock an away market, in which case, the Exchange currently disseminates a bid and offer that is one Minimum Price Variation (‘‘MPV’’) from the away market price. During the Quote Exhaust Timer, the Exchange disseminates: (i) A bid price of $0.00, with a size of zero contracts if the remaining size is a seller, or (ii) an offer price of $0.00, with a size of zero contracts if the remaining size is a buyer. Currently, Exchange Rules 1082(a)(ii)(B)(3)(g)(iv)(A)(3), 10 See PO 00000 Exchange Rule 1082(a)(ii)(B)(3). Frm 00083 Fmt 4703 Sfmt 4703 13679 1082(a)(ii)(B)(3)(g)(iv)(A)(4), 1082(a)(ii)(B)(3)(g)(iv)(B)(2), and 1082(a)(ii)(B)(3)(g)(iv)(C) describe various scenarios under which the PHLX XL system trades, routes, or posts unexecuted contracts after determining the ‘‘Best Price’’ following a Quote Exhaust. These rules permit an up to 10second time period during which participants may revise their quotes prior to the PHLX XL system taking action. In all of these scenarios, during the up to 10-second time period, the PHLX XL system currently disseminates an offer of $0.00, with a size of zero contracts if the remaining size is a buyer or, if the remaining size is a seller, a bid of $0.00, with a size of zero contracts, on the opposite side of the market from remaining unexecuted contracts. Exchange Rules 1082(a)(ii)(B)(3)(g)(iv)(A)(3), 1082(a)(ii)(B)(3)(g)(iv)(A)(4), 1082(a)(ii)(B)(3)(g)(iv)(B)(2), and 1082(a)(ii)(B)(3)(g)(iv)(C) are subject to the pilot, which is scheduled to expire March 31, 2011. The Exchange proposes to extend the pilot through July 31, 2011. Current Rule 1082(a)(ii)(B)(3)(g)(vi) describes what the PHLX XL system does if, after trading at the PHLX and/ or routing, there are unexecuted contracts from the initiating order that are still marketable. In this situation, remaining contracts are posted for a period of time not to exceed 10 seconds and then cancelled after such period of time has elapsed, unless the member that submitted the original order has instructed the Exchange in writing to reenter the remaining size, in which case the remaining size will be automatically submitted as a new order. During the up to 10-second time period, the Exchange will disseminate, on the opposite side of the market from remaining unexecuted contracts: (i) a bid price of $0.00, with a size of zero contracts if the remaining size is a seller, or (ii) an offer price of $0.00, with a size of zero contracts if the remaining size is a buyer. Rule 1082(a)(ii)(B)(3)(g)(vi) is subject to the pilot. The Exchange proposes to extend the pilot through July 31, 2011. Market Exhaust Market Exhaust occurs when there are no PHLX XL participant quotations in the Exchange’s disseminated market for a particular series and an initiating order in the series is received. In such a circumstance, the PHLX XL system initiates a ‘‘Market Exhaust Auction’’ for the initiating order.11 In this situation, the PHLX XL system will first determine if the initiating 11 See E:\FR\FM\14MRN1.SGM Exchange Rule 1082(a)(ii)(B)(4)(b). 14MRN1 13680 Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES order, or a portion thereof, can be executed on the PHLX. Thereafter, if there are unexecuted contracts remaining in the initiating order the PHLX XL system will initiate a Market Exhaust Timer. During the Market Exhaust Timer, the Exchange disseminates any unexecuted size of the initiating order at the ‘‘Reference Price,’’ which is the execution price of a portion of the initiating order, or one MPV from a better-priced away market price if the Reference Price would lock the away market. The PHLX XL system currently disseminates, on the opposite side of the market from the remaining unexecuted contracts: (i) A bid price of $0.00, with a size of zero contracts if the remaining size is a seller, or (ii) an offer price of $0.00, with a size of zero contracts if the remaining size is a buyer. This provision is subject to the pilot. The Exchange proposes to extend the pilot through July 31, 2011. Provisional Auction Exchange Rule 1082(a)(ii)(B)(4)(d)(iv)(E) describes what PHLX XL does after it has explored all alternatives and there still remain unexecuted contracts. During the ‘‘Provisional Auction,’’ any unexecuted contracts from the initiating order are displayed in the Exchange quote for the remaining size for a brief period not to exceed ten seconds and subsequently cancelled back to the entering participant if they remain unexecuted, unless the member that submitted the original order has instructed the Exchange in writing to re-enter the remaining size, in which case the remaining size will be automatically submitted as a new order. During the brief period, the PHLX XL system currently disseminates, on the opposite side of the market from remaining unexecuted contracts: (i) A bid price of $0.00, with a size of zero contracts if the remaining size is a seller, or (ii) an offer price of $0.00, with a size of zero contracts if the remaining size is a buyer. Rule 1082(a)(ii)(B)(4)(d)(iv)(E) is subject to the pilot. The Exchange proposes to extend the pilot through July 31, 2011. The Exchange believes that the pilot benefits customers and the marketplace as a whole by enabling PHLX to effectively reflect the market interest the Exchange has that is firm and executable, while at the same time indicating the other side of the Exchange market is not firm and therefore not executable. This allows the Exchange to protect orders on its book and attempt to attract interest to execute against such order. VerDate Mar<15>2010 16:20 Mar 11, 2011 Jkt 223001 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act 12 in general, and furthers the objectives of Section 6(b)(5) of the Act 13 in particular, in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general to protect investors and the public interest. The Exchange further believes that the proposal is consistent with the SEC Quote Rule’s provisions regarding nonfirm quotations.14 Specifically, Rule 602(a)(3)(i) provides that if, at any time a national securities exchange is open for trading, the exchange determines, pursuant to rules approved by the Commission, that the level of trading activities or the existence of unusual market conditions is such that the exchange is incapable of collecting, processing, and making available to vendors the data for a subject security required to be made available in a manner that accurately reflects the current state of the market on such exchange, such exchange shall immediately notify all specified persons of that determination and, upon such notification, the exchange is relieved of its obligations under paragraphs (a)(1) and (2) of Rule 602 relating to collecting and disseminating quotations, subject to certain other provisions of Rule 602(a)(3). By disseminating a bid of $0.00 for a size of zero contracts, or an offer of $0.00 for a size of zero contracts in certain situations delineated above in the Exchange’s rules, the Exchange believes that it is adequately communicating that it is non-firm on that side of the market in compliance with the Quote Rule. 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. 12 15 U.S.C. 78f(b). U.S.C. 78f(b)(5). 14 See 17 CFR 242.602(a)(3)(i) and (ii). 13 15 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days after the date of the filing, or such shorter time as the Commission may designate, it has become effective pursuant to 19(b)(3)(A) of the Act 15 and Rule 19b–4(f)(6) 16 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. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission’s Internet comment form (http://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–Phlx–2011–29 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–2011–29. 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 15 15 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file 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 satisfied this requirement. 16 17 E:\FR\FM\14MRN1.SGM 14MRN1 Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Notices 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 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– 2011–29 and should be submitted on or before April 4, 2011. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.17 Cathy H. Ahn, Deputy Secretary. [FR Doc. 2011–5775 Filed 3–11–11; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–64055; File No. SR–BYX– 2011–005] Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Related to Fees for Use of BATS Y-Exchange, Inc. mstockstill on DSKH9S0YB1PROD with NOTICES March 8, 2011. 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 February 28, 2011, BATS Y-Exchange, Inc. (the ‘‘Exchange’’ or ‘‘BYX’’) 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 Exchange has designated the proposed rule change as one establishing or changing a member due, fee, or other charge imposed by the Exchange under Section 19(b)(3)(A)(ii) of the Act 3 and Rule 19b–4(f)(2) thereunder,4 which renders the proposed rule change effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of the Substance of the Proposed Rule Change The Exchange proposes to amend the fee schedule applicable to Members 5 of the Exchange pursuant to BYX Rules 15.1(a) and (c). While changes to the fee schedule pursuant to this proposal will be effective upon filing, the changes will become operative on March 1, 2011. The text of the proposed rule change is available at the Exchange’s Web site at http://www.batstrading.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 parts of such statements. A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to modify its fee schedule applicable to use of the Exchange effective March 1, 2011, in order to: (i) Amend the liquidity fees for adding liquidity, including increased fees to add non-displayed liquidity and adoption of a fee to add displayed liquidity unless a Member has an average daily volume of 10 million shares or more added per day in a given month; (ii) reduce certain standard routing fees; and (iii) expand the Exchange’s Discounted Destination Specific Routing program to include a 3 15 U.S.C. 78s(b)(3)(A)(ii). CFR 240.19b–4(f)(2). 5 A Member is any registered broker or dealer that has been admitted to membership in the Exchange. 17 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. VerDate Mar<15>2010 16:20 Mar 11, 2011 4 17 Jkt 223001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 13681 rebate for Destination Specific Orders 6 routed to EDGA Exchange. (i) Amending the Liquidity Fees for Adding Liquidity The Exchange has not previously provided any rebate or imposed any charge for adding displayed liquidity to the BYX order book in securities priced $1.00 and above. The Exchange proposes to introduce a tiered pricing structure applicable to added displayed liquidity in securities priced $1.00 and above, under which Members adding a daily average of 10 million shares or more of liquidity (including displayed and non-displayed liquidity) during a month will continue to be able to add displayed liquidity without charge, while Members adding a daily average of less than 10 million shares of liquidity during a month will be charged $0.0002 per share. Thus, while the fee change will result in a small fee increase for Members providing low volumes of liquidity on BYX, it will remain unchanged for Members providing higher volumes of liquidity. The Exchange also proposes to increase its fee to add non-displayed liquidity to the BYX order book in securities priced $1.00 and above from a charge of $0.0005 per share to a charge of $0.0010 per share. As defined on the BYX fee schedule, the reference to ‘‘nondisplayed liquidity’’ for purposes of the fee schedule includes liquidity resulting from all forms of Pegged Orders,7 MidPoint Peg Orders,8 and Non-Displayed Orders,9 but does not include liquidity resulting from Reserve Orders 10 or Discretionary Orders.11 The Exchange does not propose to change its pricing structure for added liquidity in securities priced below $1.00. (ii) Reduced Standard Routing Fees The Exchange proposes to reduce the fee that it charges for certain of its standard best execution routing strategies. The Exchange currently offers the Parallel D, Parallel 2D, CYCLE and RECYCLE routing strategies at a charge of $0.0028 per share for executions that occur at other trading venues as a result of such strategies in securities priced $1.00 and above.12 The Exchange proposes to reduce the fee for use of such strategies to a charge of $0.0026 per share to in order to encourage use 6 As defined in BYX Rule 11.9(c)(12). defined in BYX Rule 11.9(c)(8). 8 As defined in BYX Rule 11.9(c)(9). 9 As defined in BYX Rule 11.9(c)(11). 10 As defined in BYX Rule 11.9(c)(1). 11 As defined in BYX Rule 11.9(c)(10). 12 The Exchange’s routing strategies are described in Rule 11.13(a)(3). 7 As E:\FR\FM\14MRN1.SGM 14MRN1

Agencies

[Federal Register Volume 76, Number 49 (Monday, March 14, 2011)]
[Notices]
[Pages 13678-13681]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5775]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64056; File No. SR-Phlx-2011-29]


Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change Relating to 
the Extension of a Pilot Program Concerning Disseminated Quotations

March 8, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given 
that on February 24, 2011, NASDAQ OMX PHLX LLC (``Phlx'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``SEC'' or ``Commission'') the proposed rule change as described in 
Items I, II, and III, below, which Items have been prepared by the 
Exchange. The Commission is publishing this notice to solicit comments 
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Exchange Rules 1017, Openings in 
Options, and 1082, Firm Quotations, to extend, through July 31, 2011, a 
pilot program (the ``pilot'') under which the Exchange's rules describe 
the manner in which the PHLX XL[supreg] automated options trading 
system \3\ disseminates quotations when (i) there is an opening 
imbalance in a particular series, and (ii) there is a Quote Exhaust (as 
described below) or a Market Exhaust (as described below) quote 
condition present in a particular series.
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    \3\ This proposal refers to ``PHLX XL'' as the Exchange's 
automated options trading system. In May 2009 the Exchange enhanced 
the system and adopted corresponding rules referring to the system 
as ``Phlx XL II.'' See Securities Exchange Act Release No. 59995 
(May 28, 2009), 74 FR 26750 (June 3, 2009) (SR-Phlx-2009-32). The 
Exchange intends to submit a separate technical proposed rule change 
that would change all references to the system from ``Phlx XL II'' 
to ``PHLX XL'' for branding purposes.
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    The current pilot is scheduled to expire March 31, 2011.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilings, 
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 extend the pilot 
through July 31, 2011.
Background
    In June, 2009, the Exchange added several significant enhancements 
to its automated options trading platform (now known as PHLX XL), and 
adopted rules to reflect those enhancements.\4\ As part of the system 
enhancements, the Exchange proposed to disseminate a ``non-firm'' quote 
condition on a bid or offer whose size is exhausted in certain 
situations. The non-exhausted side of the Exchange's disseminated 
quotation would remain firm up to its disseminated size. At the time 
the Exchange proposed the ``one-sided non-firm'' quote condition, the 
Options Price Reporting Authority (``OPRA'') was only capable of 
disseminating option quotations for which both sides of the quotation 
are marked ``non-firm.'' OPRA does not disseminate a ``non-firm'' 
condition for one side of a quotation while the other side of the 
quotation remains firm.\5\
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    \4\ See Securities Exchange Act Release No. 59995 (May 28, 
2009), 74 FR 26750 (June 3, 2009) (SR-Phlx-2009-32).
    \5\ Currently, there is no mechanism for the Options Price 
Reporting Authority (``OPRA'') to identify only one side of a quote 
as non-firm. The Exchange has approached OPRA to attempt to develop 
the capability to identify and implement such functionality. The 
Exchange has asked the Commission to revise this footnote by 
deleting the prior sentence and replace it with the following: ``In 
November, 2010, OPRA filed for immediate effectiveness to enable its 
systems to support such functionality. See Securities Exchange Act 
Release No. 63400 (November 30, 2010), 75 FR 76058 (December 7, 
2010)(SR-OPRA-2010-04).'' See e-mail from Richard S. Rudolph, 
Associate General Counsel, NASDAQ OMX PHLX, to David Liu, Senior 
Special Counsel, Commission, dated March 8, 2011.

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[[Page 13679]]

    Accordingly, the Exchange proposed, for a pilot period scheduled to 
expire November 30, 2009, and later extended through September 30, 
2010,\6\ and then through March 31, 2011,\7\ to disseminate quotations 
in such a circumstance with (i) a bid price of $0.00, with a size of 
one contract if the remaining size is a seller, or (ii) an offer price 
of $200,000, with a size of one contract if the remaining size is a 
buyer.
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    \6\ See supra n.4.
    \7\ See Securities Exchange Act Release No. 63350 (November 19, 
2010), 75 FR 73150 (November 29, 2010) (SR-Phlx-2010-156).
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    The Exchange subsequently modified the manner in which the PHLX XL 
system disseminates quotes when one side of the quote is exhausted but 
the opposite side still has marketable size at the disseminated price, 
as described in detail below.\8\
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    \8\ See Securities Exchange Act Release No. 63024 (September 30, 
2010), 75 FR 61799 (October 6, 2010) (SR-Phlx-2010-134).
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    On October 7, 2010, the U.S. options exchanges, as participants in 
the OPRA Plan, voted to make technological changes that would enable 
OPRA to support a one-sided non-firm quote condition. These 
technological changes provide the opportunity for OPRA and the 
participants to design, test, and deploy modifications to their 
systems, and to establish connectivity with quotation vendors, that 
will support the one-sided non-firm quote condition. The Exchange is 
proposing to extend the current pilot through July 31, 2011, in order 
to account for the time required to complete the changes, and to 
account for the possibility that issues could arise that might delay 
the process.
Opening Imbalance
    An opening ``imbalance'' occurs when all opening marketable size 
cannot be completely executed at or within an established Opening Quote 
Range (``OQR'') for the affected series.\9\ Currently, pursuant to 
Exchange Rule 1017(l)(v)(C)(7), any unexecuted contracts from the 
opening imbalance not traded or routed are displayed in the Exchange 
quote at the opening price for a period not to exceed ten seconds, and 
subsequently, cancelled back to the entering participant if they remain 
unexecuted and priced through the opening price, unless the member that 
submitted the original order has instructed the Exchange in writing to 
re-enter the remaining size, in which case the remaining size will be 
automatically submitted as a new order. During this display time 
period, the PHLX XL system disseminates, if the imbalance is a buy 
imbalance, an offer of $0.00, with a size of zero contracts or, if the 
imbalance is a sell imbalance, a bid of $0.00, with a size of zero 
contracts, on the opposite side of the market from remaining unexecuted 
contracts.
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    \9\ Where there is an imbalance at the price at which the 
maximum number of contracts can trade that is also at or within the 
lowest quote bid and highest quote offer, the PHLX XL system will 
calculate an OQR for a particular series, outside of which the PHLX 
XL system will not execute. See Exchange Rule 1017(l)(iii) and (iv).
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    The purpose of this provision is to indicate that the Exchange has 
exhausted all marketable interest, at or within the OQR, on one side of 
the market during the opening process yet has remaining unexecuted 
contracts on the opposite side of the market that are firm at the 
disseminated price and size.
    Rule 1017(l)(v)(C)(7) is subject to the pilot, which is scheduled 
to expire March 31, 2011. The Exchange proposes to extend the pilot 
through July 31, 2011.
Quote Exhaust
    Quote Exhaust occurs when the market at a particular price level on 
the Exchange includes a quote, and such market is exhausted by an 
inbound contra-side quote or order (``initiating quote or order''), and 
following such exhaustion, contracts remain to be executed from the 
initiating quote or order.\10\
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    \10\ See Exchange Rule 1082(a)(ii)(B)(3).
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    Rather than immediately executing at the next available price, the 
PHLX XL system employs a timer (a ``Quote Exhaust Timer''), not to 
exceed one second, in order to allow market participants to refresh 
their quotes. During the Quote Exhaust Timer, PHLX XL currently 
disseminates the ``Reference Price'' (the most recent execution price) 
for the remaining size, provided that such price does not lock an away 
market, in which case, the Exchange currently disseminates a bid and 
offer that is one Minimum Price Variation (``MPV'') from the away 
market price. During the Quote Exhaust Timer, the Exchange 
disseminates: (i) A bid price of $0.00, with a size of zero contracts 
if the remaining size is a seller, or (ii) an offer price of $0.00, 
with a size of zero contracts if the remaining size is a buyer.
    Currently, Exchange Rules 1082(a)(ii)(B)(3)(g)(iv)(A)(3), 
1082(a)(ii)(B)(3)(g)(iv)(A)(4), 1082(a)(ii)(B)(3)(g)(iv)(B)(2), and 
1082(a)(ii)(B)(3)(g)(iv)(C) describe various scenarios under which the 
PHLX XL system trades, routes, or posts unexecuted contracts after 
determining the ``Best Price'' following a Quote Exhaust. These rules 
permit an up to 10-second time period during which participants may 
revise their quotes prior to the PHLX XL system taking action. In all 
of these scenarios, during the up to 10-second time period, the PHLX XL 
system currently disseminates an offer of $0.00, with a size of zero 
contracts if the remaining size is a buyer or, if the remaining size is 
a seller, a bid of $0.00, with a size of zero contracts, on the 
opposite side of the market from remaining unexecuted contracts.
    Exchange Rules 1082(a)(ii)(B)(3)(g)(iv)(A)(3), 
1082(a)(ii)(B)(3)(g)(iv)(A)(4), 1082(a)(ii)(B)(3)(g)(iv)(B)(2), and 
1082(a)(ii)(B)(3)(g)(iv)(C) are subject to the pilot, which is 
scheduled to expire March 31, 2011. The Exchange proposes to extend the 
pilot through July 31, 2011.
    Current Rule 1082(a)(ii)(B)(3)(g)(vi) describes what the PHLX XL 
system does if, after trading at the PHLX and/or routing, there are 
unexecuted contracts from the initiating order that are still 
marketable. In this situation, remaining contracts are posted for a 
period of time not to exceed 10 seconds and then cancelled after such 
period of time has elapsed, unless the member that submitted the 
original order has instructed the Exchange in writing to re-enter the 
remaining size, in which case the remaining size will be automatically 
submitted as a new order. During the up to 10-second time period, the 
Exchange will disseminate, on the opposite side of the market from 
remaining unexecuted contracts: (i) a bid price of $0.00, with a size 
of zero contracts if the remaining size is a seller, or (ii) an offer 
price of $0.00, with a size of zero contracts if the remaining size is 
a buyer.
    Rule 1082(a)(ii)(B)(3)(g)(vi) is subject to the pilot. The Exchange 
proposes to extend the pilot through July 31, 2011.
Market Exhaust
    Market Exhaust occurs when there are no PHLX XL participant 
quotations in the Exchange's disseminated market for a particular 
series and an initiating order in the series is received. In such a 
circumstance, the PHLX XL system initiates a ``Market Exhaust Auction'' 
for the initiating order.\11\
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    \11\ See Exchange Rule 1082(a)(ii)(B)(4)(b).
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    In this situation, the PHLX XL system will first determine if the 
initiating

[[Page 13680]]

order, or a portion thereof, can be executed on the PHLX. Thereafter, 
if there are unexecuted contracts remaining in the initiating order the 
PHLX XL system will initiate a Market Exhaust Timer. During the Market 
Exhaust Timer, the Exchange disseminates any unexecuted size of the 
initiating order at the ``Reference Price,'' which is the execution 
price of a portion of the initiating order, or one MPV from a better-
priced away market price if the Reference Price would lock the away 
market. The PHLX XL system currently disseminates, on the opposite side 
of the market from the remaining unexecuted contracts: (i) A bid price 
of $0.00, with a size of zero contracts if the remaining size is a 
seller, or (ii) an offer price of $0.00, with a size of zero contracts 
if the remaining size is a buyer. This provision is subject to the 
pilot. The Exchange proposes to extend the pilot through July 31, 2011.
Provisional Auction
    Exchange Rule 1082(a)(ii)(B)(4)(d)(iv)(E) describes what PHLX XL 
does after it has explored all alternatives and there still remain 
unexecuted contracts. During the ``Provisional Auction,'' any 
unexecuted contracts from the initiating order are displayed in the 
Exchange quote for the remaining size for a brief period not to exceed 
ten seconds and subsequently cancelled back to the entering participant 
if they remain unexecuted, unless the member that submitted the 
original order has instructed the Exchange in writing to re-enter the 
remaining size, in which case the remaining size will be automatically 
submitted as a new order. During the brief period, the PHLX XL system 
currently disseminates, on the opposite side of the market from 
remaining unexecuted contracts: (i) A bid price of $0.00, with a size 
of zero contracts if the remaining size is a seller, or (ii) an offer 
price of $0.00, with a size of zero contracts if the remaining size is 
a buyer.
    Rule 1082(a)(ii)(B)(4)(d)(iv)(E) is subject to the pilot. The 
Exchange proposes to extend the pilot through July 31, 2011.
    The Exchange believes that the pilot benefits customers and the 
marketplace as a whole by enabling PHLX to effectively reflect the 
market interest the Exchange has that is firm and executable, while at 
the same time indicating the other side of the Exchange market is not 
firm and therefore not executable. This allows the Exchange to protect 
orders on its book and attempt to attract interest to execute against 
such order.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \12\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \13\ in particular, in that it is designed to 
promote just and equitable principles of trade, to remove impediments 
to and perfect the mechanism of a free and open market and a national 
market system, and, in general to protect investors and the public 
interest.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
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    The Exchange further believes that the proposal is consistent with 
the SEC Quote Rule's provisions regarding non-firm quotations.\14\ 
Specifically, Rule 602(a)(3)(i) provides that if, at any time a 
national securities exchange is open for trading, the exchange 
determines, pursuant to rules approved by the Commission, that the 
level of trading activities or the existence of unusual market 
conditions is such that the exchange is incapable of collecting, 
processing, and making available to vendors the data for a subject 
security required to be made available in a manner that accurately 
reflects the current state of the market on such exchange, such 
exchange shall immediately notify all specified persons of that 
determination and, upon such notification, the exchange is relieved of 
its obligations under paragraphs (a)(1) and (2) of Rule 602 relating to 
collecting and disseminating quotations, subject to certain other 
provisions of Rule 602(a)(3).
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    \14\ See 17 CFR 242.602(a)(3)(i) and (ii).
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    By disseminating a bid of $0.00 for a size of zero contracts, or an 
offer of $0.00 for a size of zero contracts in certain situations 
delineated above in the Exchange's rules, the Exchange believes that it 
is adequately communicating that it is non-firm on that side of the 
market in compliance with the Quote Rule.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days after the date of the filing, or such 
shorter time as the Commission may designate, it has become effective 
pursuant to 19(b)(3)(A) of the Act \15\ and Rule 19b-4(f)(6) \16\ 
thereunder.
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file 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 satisfied this requirement.
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    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:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to rule-comments@sec.gov. Please include 
File Number SR-Phlx-2011-29 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-2011-29. 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

[[Page 13681]]

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 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-2011-29 and should be submitted on 
or before April 4, 2011.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-5775 Filed 3-11-11; 8:45 am]
BILLING CODE 8011-01-P