Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing of Proposed Rule Change To Modify Its Co-Location Fee Schedule Regarding Low Latency Network Connections; Correction, 78055 [2011-32132]
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Federal Register / Vol. 76, No. 241 / Thursday, December 15, 2011 / Notices
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Dated: December 12, 2011.
Kevin M. O’Neill,
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[FR Doc. 2011–32219 Filed 12–20–11; 11:15 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–65689A; File No. SR–Phlx–
2011–142]
Self-Regulatory Organizations;
NASDAQ OMX PHLX LLC; Notice of
Filing of Proposed Rule Change To
Modify Its Co-Location Fee Schedule
Regarding Low Latency Network
Connections; Correction
Securities And Exchange
Commission.
AGENCY:
ACTION:
Notice; correction.
The Securities and Exchange
Commission published a document in
the Federal Register of November 10,
2011 concerning a Proposed Rule
Change by NASDAQ OMX PHLX LLC to
Modify its Co-Location Fee Schedule
Regarding Low Latency Network
Connections; The document contained a
typographical error in the heading.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Daniel T. Gien, Special Counsel,
Division of Trading and Markets,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549, (202) 551–5747.
Correction:
In the Federal Register of November
10, 2011, in FR Doc. 2011–29110, on
page 70187, correct the heading to read
as noted above.
VerDate Mar<15>2010
16:49 Dec 14, 2011
Jkt 226001
Dated: December 9, 2011.
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2011–32132 Filed 12–14–11; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–65924; File No. SR–Phlx–
2011–167]
Self-Regulatory Organizations;
NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change Relating to the
Permit Fee
December 9, 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 November
28, 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
Exchange’s Fee Schedule to waive
Permit Fees for existing Exchange
members or member organizations that
were members on the Exchange prior to
the initiation of PSX and have since
determined to commence an equities
business.
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, on the
Commission’s Web site at https://
www.sec.gov 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
1 15
2 17
PO 00000
U.S.C. 78s(b)(1).
CFR 240.19b–4.
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78055
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 the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of the proposed rule
change is to extend the waiver of Permit
Fees to Exchange members or member
organizations that were members on the
Exchange prior to the initiation of PSX
and have since determined to
commence an equities business. The
Exchange continues to seek to
encourage members to trade on
NASDAQ OMX PSX (‘‘PSX’’) 3 under a
market participant identifier (‘‘MPID’’) 4
registered to the member or member
organization.
Currently, the Exchange assesses
members and member organizations
who are transacting business on the
Exchange a Permit Fee of $1,100 per
month.5 A member or member
organization is assessed the $1,100
monthly Permit Fee if that member or
member organization: (1) Transacts its
option orders in its assigned Phlx house
account in a particular month; (2) is a
clearing member of The Options
Clearing Corporation or a Floor Broker;
or (3) for those member organizations
which are under common ownership,
transacts at least one options trade in a
Phlx house account that is assigned to
one of the member organizations under
common ownership.6 Members who are
not transacting business on the
Exchange are assessed a Permit Fee of
$7,500 per month. A member or member
organization is assessed the $7,500
Permit Fee for not transacting business
on the Exchange if that member is
either: (i) Not a PSX Participant;7 or not
engaged in an options business at the
Exchange in a particular month. In
3 PSX is the Exchange’s cash equities market
electronic trading platform.
4 An MPID is a four-letter code used by a member
to categorize its trading activity for a specific
purpose.
5 The Exchange recently filed to amend its Permit
Fees to $2,000 for members transacting business on
the Exchange. The rule text of Exhibit 5 reflects the
text of that currently effective filing which will be
operative on January 3, 2012, in part. See SR–Phlx–
2011–166.
6 For purposes of the Permit Fee, ‘‘common
ownership’’ shall be defined as at least 75%
common ownership between the member
organizations.
7 Applicants that apply for membership solely to
participate in the NASDAQ OMX PSX equities
market are not assessed a Permit Fee, Application
Fee, Initiation Fee, or Account Fee. See Securities
Exchange Act Release No. 61863 (April 7, 2010), 75
FR 20021 (April 16, 2010) (SR–Phlx–2010–54).
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15DEN1
Agencies
[Federal Register Volume 76, Number 241 (Thursday, December 15, 2011)]
[Notices]
[Page 78055]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32132]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-65689A; File No. SR-Phlx-2011-142]
Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing of Proposed Rule Change To Modify Its Co-Location Fee Schedule
Regarding Low Latency Network Connections; Correction
AGENCY: Securities And Exchange Commission.
ACTION: Notice; correction.
-----------------------------------------------------------------------
SUMMARY: The Securities and Exchange Commission published a document in
the Federal Register of November 10, 2011 concerning a Proposed Rule
Change by NASDAQ OMX PHLX LLC to Modify its Co-Location Fee Schedule
Regarding Low Latency Network Connections; The document contained a
typographical error in the heading.
FOR FURTHER INFORMATION CONTACT: Daniel T. Gien, Special Counsel,
Division of Trading and Markets, Securities and Exchange Commission,
100 F Street NE., Washington, DC 20549, (202) 551-5747.
Correction:
In the Federal Register of November 10, 2011, in FR Doc. 2011-
29110, on page 70187, correct the heading to read as noted above.
Dated: December 9, 2011.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-32132 Filed 12-14-11; 8:45 am]
BILLING CODE 8011-01-P