Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Routing Fees, 12624-12626 [2012-4910]
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12624
Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Notices
Industrial Security Program policy
matters.
Dated: February 23, 2012.
Mary Ann Hadyka,
Committee Management Officer.
[FR Doc. 2012–4889 Filed 2–29–12; 8:45 am]
BILLING CODE 7515–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. NRC–2011–0263]
Agency Information Collection
Activities: Submission for the Office of
Management and Budget (OMB)
Review; Comment Request
Nuclear Regulatory
Commission.
ACTION: Notice of the OMB review of
information collection and solicitation
of public comment.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) has recently
submitted to OMB for review the
following proposal for the collection of
information under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35). The NRC hereby
informs potential respondents that an
agency may not conduct or sponsor, and
that a person is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number. The NRC published a Federal
Register Notice with a 60-day comment
period on this information collection on
November 28, 2011 (76 FR 72983).
1. Type of submission, new, revision,
or extension: Extension.
2. The title of the information
collection: 10 CFR Part 31, General
Domestic Licenses for Byproduct
Material.
3. Current OMB approval number:
3150–0016.
4. The form number if applicable:
N/A.
5. How often the collection is
required: Reports are submitted as
events occur. General license
registration requests may be submitted
at any time. Changes to the information
on the registration may be submitted as
they occur.
6. Who will be required or asked to
report: Persons receiving, possessing,
using, or transferring devices containing
byproduct material.
7. An estimate of the number of
annual responses: 35,997 (3,420 NRC
licensees + 32,577 Agreement States).
8. The estimated number of annual
respondents: 23,300 (Approximately
2,400 NRC general licensees and 20,900
Agreement State general licensees).
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SUMMARY:
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9. An estimate of the total number of
hours needed annually to complete the
requirement or request: 10,998.5 hours
(1,061 hours for NRC licensees [461
hours reporting + 600 hours
recordkeeping] + 9,937.5 hours for
Agreement State licensees [4,712.5
hours reporting + 5,225 hours
recordkeeping]).
10. Abstract: 10 CFR Part 31
establishes general licenses for the
possession and use of byproduct
material in certain devices. General
licensees are required to keep testing
records and submit event reports
identified in Part 31, which assist NRC
in determining with reasonable
assurance that devices are operated
safely and without radiological hazard
to users or the public.
The public may examine and have
copied for a fee publicly available
documents, including the final
supporting statement, at the NRC’s
Public Document Room, Room O1F–21,
One White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852. OMB
clearance requests are available at the
NRC’s Web site: https://www.nrc.gov/
public-involve/doc-comment/omb/
index.html. The document will be
available on the NRC home page site for
60 days after the signature date of this
notice.
Comments and questions should be
directed to the OMB reviewer listed
below by April 2, 2012. Comments
received after this date will be
considered if it is practical to do so, but
assurance of consideration cannot be
given to comments received after this
date.
Chad Whiteman, Desk Officer, Office of
Information and Regulatory Affairs
(3150–0016), NEOB–10202, Office of
Management and Budget,
Washington, DC 20503.
Comments can also be emailed to
Chad_S_Whiteman@omb.eop.gov or
submitted by telephone at (202) 395–
4718.
The NRC Clearance Officer is
Tremaine Donnell, (301) 415–6258.
Dated at Rockville, Maryland, this 27th day
of February 2012.
For the Nuclear Regulatory Commission.
Tremaine Donnell,
NRC Clearance Officer, Office of Information
Services.
[FR Doc. 2012–4968 Filed 2–29–12; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–66451; File No. SR–Phlx–
2012–19]
Self-Regulatory Organizations;
NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change Relating to
Routing Fees
February 23, 2012.
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
10, 2012, 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 its
Customer and Professional Routing Fees
to recoup costs incurred by the
Exchange in routing to away markets.
While changes to the Fee Schedule
pursuant to this proposal are effective
upon filing, the Exchange has
designated these changes to be operative
on March 1, 2012.
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.
BILLING CODE 7590–01–P
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2 17
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U.S.C. 78s(b)(1).
CFR 240.19b–4.
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Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Notices
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of this filing is to recoup
costs that the Exchange incurs for
routing and executing Customer and
Professional orders in equity and index
options. The Exchange’s Fee Schedule
includes Routing Fees for routing
Customer and Professional orders to
away markets. The Exchange currently
assesses the following Routing Fees:
Exchange
Customer
NYSE AMEX ....................................................................................................................................................
BATS ................................................................................................................................................................
BOX .................................................................................................................................................................
CBOE ...............................................................................................................................................................
CBOE orders greater than 99 contracts in RUT, RMN, NDX, MNX, ETFs, ETNs and HOLDRs ..................
C2 ....................................................................................................................................................................
ISE ...................................................................................................................................................................
ISE Select Symbols * .......................................................................................................................................
NYSE ARCA (Penny Pilot) ..............................................................................................................................
NYSE ARCA (Standard) ..................................................................................................................................
NOM .................................................................................................................................................................
NOM (NDX and MNX) .....................................................................................................................................
$0.06
0.50
0.06
0.06
0.24
0.50
0.06
0.18
0.50
0.06
0.49
0.56
Professional
$0.26
0.50
0.06
0.26
0.26
0.51
0.24
0.34
0.50
0.06
0.49
0.56
*These fees are applicable to orders routed to ISE that are subject to Rebates and Fees for Adding and Removing Liquidity in Select Symbols.
See ISE’s Schedule of Fees for the complete list of symbols that are subject to these fees.
The Exchange proposes to amend its
Routing Fees as follows:
Exchange
Customer
NYSE AMEX ....................................................................................................................................................
BATS ................................................................................................................................................................
BOX .................................................................................................................................................................
CBOE ...............................................................................................................................................................
CBOE orders greater than 99 contracts in RUT, RMN, NDX, MNX, ETFs, ETNs and HOLDRs ..................
C2 ....................................................................................................................................................................
ISE ...................................................................................................................................................................
ISE Select Symbols * .......................................................................................................................................
NYSE ARCA (Penny Pilot) ..............................................................................................................................
NYSE ARCA (Standard) ..................................................................................................................................
NOM .................................................................................................................................................................
NOM (NDX and MNX) .....................................................................................................................................
$0.11
0.55
0.11
0.11
0.29
0.55
0.11
0.23
0.55
0.11
0.54
0.56
Professional
$0.31
0.55
0.11
0.31
0.31
0.56
0.29
0.39
0.55
0.11
0.54
0.56
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* These fees are applicable to orders routed to ISE that are subject to Rebates and Fees for Adding and Removing Liquidity in Select Symbols. See ISE’s Schedule of Fees for the complete list of symbols that are subject to these fees.
In May 2009, the Exchange adopted
Rule 1080(m)(iii)(A) to establish Nasdaq
Options Services LLC (‘‘NOS’’), a
member of the Exchange, as the
Exchange’s exclusive order router.3 NOS
is utilized by the Phlx XL II system
solely to route orders in options listed
and open for trading on the Phlx XL II
system to destination markets. Each
time NOS routes to away markets NOS
is charged a $0.06 clearing fee and, in
the case of certain exchanges, a
transaction fee is also charged in certain
symbols, which fees are passed through
to the Exchange. The Exchange
currently recoups clearing and
transaction charges incurred by the
Exchange when Customer and
Professional orders are routed to an
away market. At this time, the Exchange
3 See Securities Exchange Act Release No. 59995
(May 28, 2009), 74 FR 26750 (June 3, 2009) (SR–
Phlx–2009–32).
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is proposing to recoup certain other
costs incurred by the Exchange when
routing to away markets, such as
administrative and technical costs
associated with operating NOS, the
Exchange’s exclusive order router; the
Exchange’s membership fees at away
markets; and technical costs associated
with routing. The Exchange is proposing
to increase all Customer and
Professional Routing Fees with the
exception of routing orders in MNX 4
and NDX 5 to the NASDAQ Options
Market (‘‘NOM’’). The Exchange does
not believe it is necessary to increase
those fees at this time.
As with all fees, the Exchange may
adjust these Routing Fees in response to
4 MNX represents options on the one-tenth value
of the Nasdaq 100 Index traded under the symbol
‘‘MNX.’’
5 NDX represents options on the Nasdaq 100
Index traded under the symbol NDX (‘‘NDX’’).
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Frm 00073
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competitive conditions by filing a new
proposed rule change. While changes to
the Fee Schedule pursuant to this
proposal are effective upon filing, the
Exchange has designated these changes
to be operative on March 1, 2012.
2. Statutory Basis
The Exchange believes that its
proposal to amend its Fee Schedule is
consistent with Section 6(b) of the Act 6
in general, and furthers the objectives of
Section 6(b)(4) of the Act 7 in particular,
in that it is an equitable allocation of
reasonable fees and other charges among
Exchange members.
The Exchange believes that the
proposed Routing Fees are reasonable
because the fees would allow the
Exchange to recoup costs associated
6 15
7 15
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U.S.C. 78f(b).
U.S.C. 78f(b)(4).
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Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Notices
with routing both Customer and
Professional orders to away markets.
The Exchange believes that these fees
will assist it in recouping costs the
Exchange incurs by utilizing NOS, in
maintaining membership fees at away
markets and technical expenses
associated with the routing process. The
proposed fees also continue to recoup
transaction fees assessed by the
respective away market, which vary,
and standard clearing charges for each
transaction, which fees are incurred by
the Exchange when routing to away
markets.
The Exchange also believes that the
proposed Routing Fees are equitable and
not unfairly discriminatory because the
fees would be uniformly applied to all
Customers and Professionals. The
Exchange’s proposed fees are calculated
to distribute the costs associated with
routing among the various away
markets. The Exchange determined not
to amend the Customer and Professional
Routing Fees when routing orders in
MNX and NDX to NOM at this time
because the Exchange determined that
in light of other fees, the current fees for
routing to NOM in MNX and NDX are
currently within the range of fees that
are proposed for other away markets.
The Exchange does not believe that it is
necessary at this time to assess
additional fees to route to NOM in MNX
and NDX above the current $.56 per
contract fee assessed for Customer and
Professional orders today.
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.
mstockstill on DSK4VPTVN1PROD with NOTICES
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act.8 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,
8 15
U.S.C. 78s(b)(3)(A)(ii).
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17:25 Feb 29, 2012
Jkt 226001
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.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Kevin M. O’Neill,
Deputy Secretary.
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:
BILLING CODE 8011–01–P
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File No. SR–
Phlx–2012–19 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
No. SR–Phlx–2012–19. This file number
should be included on the subject line
if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet 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 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 No. SR–Phlx–2012–
19 and should be submitted on or before
March 22, 2012.
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[FR Doc. 2012–4910 Filed 2–29–12; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–66462; File No. SR–NYSE–
2012–06]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing of Proposed Rule Change
Amending the Definition of Approved
Person To Exclude Foreign Affiliates,
Eliminating the Application Process for
Approved Persons, and Making
Related Technical and Conforming
Changes
February 24, 2012.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on February
14, 2012, New York Stock Exchange
LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the selfregulatory organization. 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
definition of approved person to
exclude foreign affiliates, eliminate the
application process for approved
persons, and make related technical and
conforming changes. The text of the
proposed rule change is available at the
Exchange, the Commission’s Public
Reference Room, and www.nyse.com.
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
9 17
CFR 200.30–3(a)(12).
U.S.C.78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1 15
E:\FR\FM\01MRN1.SGM
01MRN1
]]>Agencies
[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Notices]
[Pages 12624-12626]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4910]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-66451; File No. SR-Phlx-2012-19]
Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Routing Fees
February 23, 2012.
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 10, 2012, 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.
---------------------------------------------------------------------------
\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 Customer and Professional
Routing Fees to recoup costs incurred by the Exchange in routing to
away markets.
While changes to the Fee Schedule pursuant to this proposal are
effective upon filing, the Exchange has designated these changes to be
operative on March 1, 2012.
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.
[[Page 12625]]
A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The purpose of this filing is to recoup costs that the Exchange
incurs for routing and executing Customer and Professional orders in
equity and index options. The Exchange's Fee Schedule includes Routing
Fees for routing Customer and Professional orders to away markets. The
Exchange currently assesses the following Routing Fees:
------------------------------------------------------------------------
Exchange Customer Professional
------------------------------------------------------------------------
NYSE AMEX........................... $0.06 $0.26
BATS................................ 0.50 0.50
BOX................................. 0.06 0.06
CBOE................................ 0.06 0.26
CBOE orders greater than 99 0.24 0.26
contracts in RUT, RMN, NDX, MNX,
ETFs, ETNs and HOLDRs..............
C2.................................. 0.50 0.51
ISE................................. 0.06 0.24
ISE Select Symbols *................ 0.18 0.34
NYSE ARCA (Penny Pilot)............. 0.50 0.50
NYSE ARCA (Standard)................ 0.06 0.06
NOM................................. 0.49 0.49
NOM (NDX and MNX)................... 0.56 0.56
------------------------------------------------------------------------
*These fees are applicable to orders routed to ISE that are subject to
Rebates and Fees for Adding and Removing Liquidity in Select Symbols.
See ISE's Schedule of Fees for the complete list of symbols that are
subject to these fees.
The Exchange proposes to amend its Routing Fees as follows:
------------------------------------------------------------------------
Exchange Customer Professional
------------------------------------------------------------------------
NYSE AMEX........................... $0.11 $0.31
BATS................................ 0.55 0.55
BOX................................. 0.11 0.11
CBOE................................ 0.11 0.31
CBOE orders greater than 99 0.29 0.31
contracts in RUT, RMN, NDX, MNX,
ETFs, ETNs and HOLDRs..............
C2.................................. 0.55 0.56
ISE................................. 0.11 0.29
ISE Select Symbols *................ 0.23 0.39
NYSE ARCA (Penny Pilot)............. 0.55 0.55
NYSE ARCA (Standard)................ 0.11 0.11
NOM................................. 0.54 0.54
NOM (NDX and MNX)................... 0.56 0.56
------------------------------------------------------------------------
* These fees are applicable to orders routed to ISE that are subject to
Rebates and Fees for Adding and Removing Liquidity in Select Symbols.
See ISE's Schedule of Fees for the complete list of symbols that are
subject to these fees.
In May 2009, the Exchange adopted Rule 1080(m)(iii)(A) to establish
Nasdaq Options Services LLC (``NOS''), a member of the Exchange, as the
Exchange's exclusive order router.\3\ NOS is utilized by the Phlx XL II
system solely to route orders in options listed and open for trading on
the Phlx XL II system to destination markets. Each time NOS routes to
away markets NOS is charged a $0.06 clearing fee and, in the case of
certain exchanges, a transaction fee is also charged in certain
symbols, which fees are passed through to the Exchange. The Exchange
currently recoups clearing and transaction charges incurred by the
Exchange when Customer and Professional orders are routed to an away
market. At this time, the Exchange is proposing to recoup certain other
costs incurred by the Exchange when routing to away markets, such as
administrative and technical costs associated with operating NOS, the
Exchange's exclusive order router; the Exchange's membership fees at
away markets; and technical costs associated with routing. The Exchange
is proposing to increase all Customer and Professional Routing Fees
with the exception of routing orders in MNX \4\ and NDX \5\ to the
NASDAQ Options Market (``NOM''). The Exchange does not believe it is
necessary to increase those fees at this time.
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 59995 (May 28,
2009), 74 FR 26750 (June 3, 2009) (SR-Phlx-2009-32).
\4\ MNX represents options on the one-tenth value of the Nasdaq
100 Index traded under the symbol ``MNX.''
\5\ NDX represents options on the Nasdaq 100 Index traded under
the symbol NDX (``NDX'').
---------------------------------------------------------------------------
As with all fees, the Exchange may adjust these Routing Fees in
response to competitive conditions by filing a new proposed rule
change. While changes to the Fee Schedule pursuant to this proposal are
effective upon filing, the Exchange has designated these changes to be
operative on March 1, 2012.
2. Statutory Basis
The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \6\ in general, and furthers
the objectives of Section 6(b)(4) of the Act \7\ in particular, in that
it is an equitable allocation of reasonable fees and other charges
among Exchange members.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f(b).
\7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
The Exchange believes that the proposed Routing Fees are reasonable
because the fees would allow the Exchange to recoup costs associated
[[Page 12626]]
with routing both Customer and Professional orders to away markets. The
Exchange believes that these fees will assist it in recouping costs the
Exchange incurs by utilizing NOS, in maintaining membership fees at
away markets and technical expenses associated with the routing
process. The proposed fees also continue to recoup transaction fees
assessed by the respective away market, which vary, and standard
clearing charges for each transaction, which fees are incurred by the
Exchange when routing to away markets.
The Exchange also believes that the proposed Routing Fees are
equitable and not unfairly discriminatory because the fees would be
uniformly applied to all Customers and Professionals. The Exchange's
proposed fees are calculated to distribute the costs associated with
routing among the various away markets. The Exchange determined not to
amend the Customer and Professional Routing Fees when routing orders in
MNX and NDX to NOM at this time because the Exchange determined that in
light of other fees, the current fees for routing to NOM in MNX and NDX
are currently within the range of fees that are proposed for other away
markets. The Exchange does not believe that it is necessary at this
time to assess additional fees to route to NOM in MNX and NDX above the
current $.56 per contract fee assessed for Customer and Professional
orders today.
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.\8\ 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.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(3)(A)(ii).
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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 email to rule-comments@sec.gov. Please include
File No. SR-Phlx-2012-19 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 No. SR-Phlx-2012-19. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet 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 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 No. SR-Phlx-2012-19 and should be
submitted on or before March 22, 2012.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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\9\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-4910 Filed 2-29-12; 8:45 am]
BILLING CODE 8011-01-P
