Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Qualified Contingent Cross Orders, 23521-23524 [2012-9404]
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Federal Register / Vol. 77, No. 76 / Thursday, April 19, 2012 / Notices
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must be submitted to OMB within 30
days of this notice.
Dated: April 13, 2012.
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–9417 Filed 4–18–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold an Open Meeting
on Wednesday, April 18, 2012 at 10
a.m., in the Auditorium, Room L–002.
The subject matter of the Open
Meeting will be:
The Commission will consider whether to
adopt joint rules with the Commodity
Futures Trading Commission relating to the
definitions of ‘‘Swap Dealer,’’ ‘‘SecurityBased Swap Dealer,’’ ‘‘Major Swap
Participant,’’ ‘‘Major Security-Based Swap
Participant,’’ and ‘‘Eligible Contract
Participant.’’
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
Commissioner Walter, as duty officer,
determined that no earlier notice thereof
was possible.
For further information and to
ascertain what, if any, matters have been
added, deleted or postponed, please
contact: The Office of the Secretary at
(202) 551–5400.
Dated: April 16, 2012.
Elizabeth M. Murphy,
Secretary.
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
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A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 A QCC Order is comprised of an order to buy
or sell at least 1000 contracts that is identified as
being part of a qualified contingent trade, as that
term is defined in Rule 1080(o)(3), coupled with a
contra-side order to buy or sell an equal number of
contracts. The QCC Order must be executed at a
price at or between the National Best Bid and Offer
and be rejected if a Customer order is resting on the
Exchange book at the same price. A QCC Order
shall only be submitted electronically from off the
floor to the PHLX XL II System. See Rule 1080(o).
See also Securities Exchange Act Release No. 64249
(April 7, 2011), 76 FR 20773 (April 13, 2011) (SR–
Phlx–2011–47) (a rule change to establish a QCC
Order to facilitate the execution of stock/option
Qualified Contingent Trades (‘‘QCTs’’) that satisfy
2 17
Self-Regulatory Organizations;
NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change Relating to
Qualified Contingent Cross Orders
VerDate Mar<15>2010
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.
1 15
[Release No. 34–66800; File No. SR–Phlx–
2012–47]
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend its
Pricing Schedule to increase a rebate for
Qualified Contingent Cross orders.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://nasdaqtrader.com/
micro.aspx?id=PHLXRulefilings, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
1. Purpose
The purpose of the proposed rule
change is to increase a certain rebate
applicable to both electronic QCC
Orders (‘‘eQCC’’) 3 and Floor QCC
[FR Doc. 2012–9525 Filed 4–17–12; 11:15 am]
April 12, 2012.
(‘‘Act’’), 1 and Rule 19b–4 thereunder,2
notice is hereby given that on April 2,
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.
PO 00000
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23521
Orders 4 (collectively ‘‘QCC Orders’’).
The Exchange believes that offering an
increased rebate for executing in excess
of 1,000,000 QCC Orders in a given
month should create an additional
incentive for market participants to
execute a greater number of QCC Orders
on the Exchange in Multiply Listed
Securities.
There are currently several categories
of market participants: Customers,
Market Makers,5 Directed Participants,6
Broker-Dealers, Firms and
Professionals.7 The Exchange proposes
to amend the current rebates applicable
to both eQCC Orders and Floor QCC
Orders for the above categories of
market participants. The proposed
amendment is applicable to both
Sections I 8 and II 9 of the Pricing
Schedule. Currently, the Exchange pays
a rebate of $0.07 per contract on all
qualifying executed QCC Orders up to
1,000,000 contracts in a month. In
addition, if a member exceeds 1,000,000
contracts in a month of qualifying
executed QCC Orders, the Exchange
currently pays a rebate of $0.10 per
contract on all qualifying executed QCC
Orders, both eQCC and Floor QCC
Orders, in a given month.10 The
the requirements of the trade through exemption in
connection with Rule 611(d) of the Regulation
NMS).
4 A Floor QCC Order must: (i) Be for at least 1,000
contracts; (ii) meet the six requirements of Rule
1080(o)(3) which are modeled on the QCT
Exemption; (iii) be executed at a price at or between
the National Best Bid and Offer (‘‘NBBO’’); and (iv)
be rejected if a Customer order is resting on the
Exchange book at the same price. In order to satisfy
the 1,000-contract requirement, a Floor QCC Order
must be for 1,000 contracts and could not be, for
example, two 500-contract orders or two 500contract legs. See Rule 1064(e). See also Securities
Exchange Act Release No. 64688 (June 16, 2011), 76
FR 36606 (June 22, 2011) (SR–Phlx–2011–56).
5 A ‘‘Market Maker’’ includes Specialists (see
Rule 1020) and Registered Options Traders
(‘‘ROTs’’) (Rule 1014(b)(i) and (ii), which includes
Streaming Quote Traders (‘‘SQTs’’) (see Rule
1014(b)(ii)(A)) and Remote Streaming Quote
Traders (‘‘RSQTs’’) (see Rule 1014(b)(ii)(B)).
Directed Participants are also Market Makers.
6 A Directed Participant is a Specialist, SQT, or
RSQT that executes a customer order that is
directed to them by an Order Flow Provider and is
executed electronically on PHLX XL II.
7 The Exchange defines a ‘‘professional’’ as any
person or entity that (i) is not a broker or dealer in
securities, and (ii) places more than 390 orders in
listed options per day on average during a calendar
month for its own beneficial account(s) (hereinafter
‘‘Professional’’).
8 Section I of the Pricing Schedule is entitled
‘‘Rebates and Fees for Adding and Removing
Liquidity in Select Symbols.’’ The Section I fees
and rebates are applicable to certain Select Symbols
which are defined in that section.
9 Section II of the Pricing Schedule is entitled
‘‘Equity Options Fees.’’ Section II includes options
overlying equities, ETFs, ETNs, indexes and
HOLDRS which are Multiply Listed.
10 QCC Transaction Fees for a Market Maker,
Professional, Firm and Broker-Dealer are $0.20 per
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Exchange does not offer a rebate on
executed eQCC Orders or Floor QCC
Orders where the transaction is either:
(i) Customer-to-Customer; or (ii) a
dividend,11 merger 12 or short stock
interest strategy 13 and executions
subject to the Reversal and Conversion
Cap.14
The Exchange proposes to increase
the current rebate paid to a member that
exceeds 1,000,000 contracts in a month
of qualifying executed QCC Orders, both
eQCC and Floor QCC Orders, from $0.10
per contract to $0.11 per contract to
further incentivize members to execute
a greater number of QCC Orders on the
Exchange. For example, if a member
executed 1,200,000 QCC Orders in April
2012, and those QCC Orders were
eligible orders in that they did not
include Customer-to-Customer
transactions or dividend, merger or
short stock interest strategies or
executions subject to the Reversal and
Conversion Cap, that member would
receive a rebate of $0.11 per contract on
all 1,200,000 orders for April 2012.
Therefore, depending on the number of
executed eligible QCC Orders, a member
would receive either a $0.07 or $0.11
per contract rebate on all qualifying
QCC Orders in a given month.
With respect to a Floor QCC Order,
the Exchange will continue to offer the
rebate to the Floor Broker. The
Exchange will continue to pay a rebate
of $0.07 per contract on all qualifying
executed QCC Orders up to 1,000,000
contracts in a month; the Exchange is
not amending the $0.07 rebate. The
current exceptions to qualifying QCC
Orders will remain the same.15
contract. QCC Transaction Fees apply to QCC
Orders, as defined in Exchange Rule 1080(o), and
Floor QCC Orders, as defined in 1064(e).
11 A dividend strategy is defined as transactions
done to achieve a dividend arbitrage involving the
purchase, sale and exercise of in-the-money options
of the same class, executed the first business day
prior to the date on which the underlying stock goes
ex-dividend. See Section II of the Pricing Schedule.
12 A merger strategy is defined as transactions
done to achieve a merger arbitrage involving the
purchase, sale and exercise of options of the same
class and expiration date, executed the first
business day prior to the date on which
shareholders of record are required to elect their
respective form of consideration, i.e., cash or stock.
See Section II of the Pricing Schedule.
13 A short stock interest strategy is defined as
transactions done to achieve a short stock interest
arbitrage involving the purchase, sale and exercise
of in-the-money options of the same class. See
Section II of the Pricing Schedule.
14 Market Maker, Professional, Firm and BrokerDealer equity options transaction fees are capped at
$1,000 per day for reversal and conversion
strategies executed on the same trading day in the
same options class.
15 The following transactions are not eligible for
the $0.07 per contract rebate: (i) Customer-toCustomer; or (ii) a dividend, merger or short stock
interest strategy and executions subject to the
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Currently, QCC Transaction Fees apply
to Sections I and II of the Pricing
Schedule and are subject to the Monthly
Firm Fee Cap 16 and the Monthly Market
Maker Cap.17 This will also remain the
same.
2. Statutory Basis
The Exchange believes that its
proposal to amend its Pricing Schedule
is consistent with Section 6(b) of the
Act 18 in general, and furthers the
objectives of Section 6(b)(4) of the Act 19
in particular, in that it is an equitable
allocation of reasonable fees and other
charges among Exchange members. The
Exchange also believes that there is an
equitable allocation of reasonable
rebates among Exchange members.
The Exchange believes that it is
reasonable to incentivize members to
transact both eQCC Orders and Floor
QCC Orders in Multiply Listed
securities 20 by continuing to pay a
tiered rebate of $0.07 per contract on all
qualifying executed QCC Orders up to
1,000,000 contracts in a month and to
increase the rebate for members with
qualifying executed QCC Orders
exceeding 1,000,000 contracts in a
Reversal and Conversion Cap (as defined in Section
II).
16 Firms are subject to a maximum fee of $75,000
(‘‘Monthly Firm Fee Cap’’). Firm equity option
transaction fees and QCC Transaction Fees in the
aggregate, for one billing month may not exceed the
Monthly Firm Fee Cap per member organization
when such members are trading in their own
proprietary account. All dividend, merger, short
stock interest and reversal and conversion strategy
executions are excluded from the Monthly Firm Fee
Cap. In addition, Market Makers that (i) are on the
contra-side of an electronically-delivered and
executed Customer order; and (ii) have reached the
Monthly Market Maker Cap will be assessed a $0.07
per contract fee, excluding PIXL Orders. For QCC
Orders as defined in Exchange Rule 1080(o), and
Floor QCC Orders, as defined in 1064(e), a Service
Fee of $0.07 per side will apply once a Market
Maker has reached the Monthly Market Maker Cap.
This $0.07 Service Fee will apply to every contract
side of the QCC Order and Floor QCC Order after
a Market Maker has reached the Monthly Market
Maker Cap. The Service Fee will not be assessed to
a Market Maker that does not reach the Monthly
Market Maker Cap in a particular calendar month.
17 Market Makers are currently subject to a
Monthly Market Maker Cap of $550,000. The
trading activity of separate Market Maker member
organizations will be aggregated in calculating the
Monthly Market Maker Cap if there is at least 75%
common ownership between the member
organizations. In addition, Market Makers that (i)
are on the contra-side of an electronically-delivered
and executed Customer order; and (ii) have reached
the Monthly Market Maker Cap will be assessed a
$0.07 per contract fee.
18 15 U.S.C. 78f(b).
19 15 U.S.C. 78f(b)(4).
20 The rebate does not apply to Singly Listed
Securities. For purposes of this filing, a Singly
Listed Option means an option that is only listed
on the Exchange and is not listed by any other
national securities exchange or is otherwise defined
as a Singly Listed Option in the Pricing Schedule.
See Section III of the Exchange’s Pricing Schedule
entitled ’’Singly Listed Options.’’
PO 00000
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month from $0.10 per contract to $0.11
per contract. The Exchange believes that
increasing the rebate for qualifying QCC
Orders exceeding 1,000,000 contracts in
a month from $0.10 to $0.11 per
contract is reasonable because the
Exchange would continue to pay a
rebate on every executed contract QCC
Order, as is the case today, while also
incentivizing members to execute more
than 1,000,000 qualifying executed QCC
Orders to achieve a higher rebate on all
contracts in a month. In other words,
the proposal offers members an
incentive to send a greater number of
QCC Orders, while still paying a $0.07
rebate below 1,000,000 contracts. The
proposed increased rebate is within the
range of rebates paid by other
exchanges 21 and balances the
Exchange’s desire to incentivize its
members to send order flow to the
Exchange while considering the costs
attributable to offering such rebates.
Further, all members have equal
opportunity, depending on their chosen
business model, to earn rebates for
executing QCC Orders on the Exchange.
The Exchange believes that it is
equitable and not unfairly
discriminatory to increase the rebate for
executed QCC Orders to $0.11 per
contract because all market participants
will continue to be eligible for the $0.07
rebate on qualifying QCC Orders, as
they are today, unless they are able to
exceed 1,000,000 contracts of qualifying
executed QCC Orders in a given month,
then the member would be entitled to a
higher rebate of $0.11 per contract on all
qualifying executed QCC Orders. This
benefit is intended to incentivize
members to transact a greater number of
qualifying QCC Orders in order to take
advantage of the higher rebate.
Additionally, the proposed rebate
increase is within the range of tiered
rebates offered by the International
Securities Exchange, LLC (‘‘ISE’’).22
21 See NYSE Arca, Inc.’s (‘‘NYSE Arca’’) Fee
Schedule. NYSE Arca pays a $0.10 per contract
rebate for executed QCC orders entered by a Floor
Broker. The Floor Broker Rebate for executed orders
is $0.05 per contract side.
22 See ISE’s Schedule of Fees. ISE provides a
rebate to members who reach a certain volume
threshold in QCC orders and/or solicitation orders
during a month. Once a member reaches the volume
threshold, ISE pays a rebate to that member for all
qualified contingent cross and solicitation traded
contracts for that month. The rebate is paid to the
member entering a qualifying order, i.e., a qualified
contingent cross order and/or a solicitation order.
The rebate applies to qualified contingent cross
orders and solicitation orders in all symbols traded
on the Exchange. Additionally, the threshold levels
are based on the originating side. Specifically, the
following rebates apply: for 0–199,999 originating
contract sides ISE pays no rebate; for 200,000 to
999,999 originating contract sides ISE pays $0.05
per contract; for 1,000,000 to 1,599,999 originating
contract sides ISE pays $0.08 per contract; and for
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Also, all members are equally eligible to
transact Multiply Listed securities.
The Exchange believes it continues to
be reasonable to not offer a rebate for
eQCC Orders and Floor QCC Orders for
Customer-to-Customer executions
because members executing Customer
orders are not assessed a QCC
Transaction Fee 23 and therefore do not
need to be incentivized to send QCC
Orders to the Exchange. Likewise, the
Exchange believes that it is reasonable
to not offer a rebate for dividend, merger
and short stock interest strategies and
executions subject to the Reversal and
Conversion Cap because the Exchange
already provides a cap today on the
transaction fees associated with these
strategies and therefore does not believe
an additional incentive is required.
With respect to the Floor QCC Order,
the Exchange will also continue to offer
the rebate to the Floor Broker, including
the proposed increase. The Floor Broker
is in receipt of the Floor QCC Orders
and enters those orders into the Floor
Broker Management System
(‘‘FBMS’’).24 The Exchange believes it is
necessary from a competitive standpoint
to offer this rebate to the executing Floor
Broker on a Floor QCC Order. The
Exchange expects that the rebate offered
to executing Floor Brokers will allow
them to continue to price their services
at a level that will enable them to attract
Floor QCC order flow from participants
who would otherwise enter these orders
electronically from off the floor to the
PHLX XL II System 25 or choose another
exchange. To the extent that Floor
Brokers are able to attract these Floor
QCC Orders, they will gain important
information that will allow them to
solicit the parties to the Floor QCC
Orders for participation in other trades,
which will in turn benefit all other
Exchange participants through the
additional liquidity and price discovery
that may occur as a result. The
Exchange believes that it continues to be
equitable and not unfairly
discriminatory to pay the rebate for
Floor QCC Orders to Floor Brokers
because the rebate would uniformly
apply to all Floor QCC Orders entered
by a Floor Broker into FBMS for
execution based on volume. The rebate
is not unfairly discriminatory to firms
1,600,000+ originating contract sides ISE pays $0.10
per contract.
23 Market Makers, Professionals, Firms and
Broker-Dealers are assessed a QCC Transaction Fee
of $0.20 per contract.
24 See Exchange Rule 1063(e).
25 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).
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that enter eQCC Orders directly into
PHLX XL II, because the transaction fees
and rebates are the same whether the
order is entered electronically or
through a Floor Broker. In addition,
pursuant to Exchange Rule 1080(o)(3),
only Floor Brokers may enter a Floor
QCC Order from the floor of the
Exchange; therefore, providing the
rebate to Floor Brokers does not
discriminate against eQCC orders
entered into PHLX XL II. Any
participant is able to engage a rebatereceiving Floor Broker in a discussion
surrounding the appropriate level of
fees that they may be charged for
entrusting the entry of the Floor QCC
Order to the Floor Broker into FBMS for
execution. The additional order flow
attracted by this rebate should benefit
all participants. The rebate is meant to
assist Floor Brokers to recruit business
on an agency basis. The Floor Broker
may use all or part of the rebate to offset
its fees.
The Exchange operates in a highly
competitive market comprised of nine
U.S. options exchanges in which
sophisticated and knowledgeable
market participants readily can, and do,
send order flow to competing exchanges
if they deem fee levels and rebate
opportunities at a particular exchange to
be excessive. The Exchange believes
that the proposed rebates for eQCC
Orders and Floor QCC Orders must be
competitive with rebates offered at other
options exchanges. The Exchange
believes that this competitive
marketplace impacts the rebates and
fees present on the Exchange today and
influences the proposals set forth above.
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.26 At any time
within 60 days of the filing of the
proposed rule change, the Commission
summarily may temporarily suspend
26 15
PO 00000
U.S.C. 78s(b)(3)(A)(ii).
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23523
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
No. SR–Phlx–2012–47 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–2012–47. 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
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Federal Register / Vol. 77, No. 76 / Thursday, April 19, 2012 / Notices
information that you wish to make
available publicly. All submissions
should refer to File No. SR–Phlx–2012–
47 and should be submitted on or before
May 10, 2012.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.27
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–9404 Filed 4–18–12; 8:45 am]
BILLING CODE 8011–01–P
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COMMISSION
[Release No. 34–66804; File No. SR–FINRA–
2012–021]
Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Notice of Filing of
Proposed Rule Change Relating to
Post-Trade Transparency for Agency
Pass-Through Mortgage-Backed
Securities Traded in Specified Pool
Transactions and SBA–Backed AssetBacked Securities Transactions
(‘‘TBA’’) (collectively, ‘‘SBA–Backed
ABS transactions’’).3
The text of the proposed rule change
is available on FINRA’s Web site at
https://www.finra.org, at the principal
office of FINRA and at the
Commission’s Public Reference Room.4
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
FINRA 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. FINRA 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
April 13, 2012.
On March 1, 2012, FINRA filed the
TBA proposal to provide for the
dissemination of MBS TBA transactions,
subject to dissemination caps, and
concomitant reductions in the reporting
periods for such transactions.5 FINRA is
proposing to further expand
transparency in the market for AssetBacked Securities in this proposed rule
change, which provides for the
dissemination of MBS Specified Pool
and SBA–Backed ABS transactions,
subject to dissemination caps, and
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
mstockstill on DSK4VPTVN1PROD with NOTICES
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that, on April 2,
2012, the Financial Industry Regulatory
Authority, Inc. (‘‘FINRA’’) 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 FINRA. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
3 The terms TRACE–Eligible Security, Agency
Pass-Through Mortgage-Backed Security, Specified
Pool Transaction, Asset-Backed Security and To Be
Announced (‘‘TBA’’) are defined in, respectively,
Rule 6710(a), Rule 6710(v), Rule 6710(x), Rule
6710(m) and Rule 6710(u). The definition of SBA–
Backed ABS is proposed in Rule 6710(bb).
4 The proposed rule text assumes the SEC
approval of File No. SR–FINRA–2012–020, which
proposed amendments to the FINRA Rule 6700
Series to provide for the dissemination of
transactions in TRACE–Eligible Securities that are
Agency Pass-Through Mortgage-Backed Securities
that are traded TBA (‘‘MBS TBA transactions’’),
subject to dissemination caps, and to reduce the
reporting periods for such transactions. See
Securities Exchange Act Release No. 66577 (March
12, 2012), 77 FR 15827 (March 16, 2012) (Notice of
Filing of File No. SR–FINRA–2012–020) (‘‘TBA
proposal’’).
5 See supra note 4. The TBA proposal
distinguished between MBS TBA transactions for
good delivery (‘‘MBS TBA transactions GD’’) and
not for good delivery (‘‘MBS TBA transactions
NGD’’). In response to comments, FINRA proposed
a longer period to timely report, and lower
dissemination caps for, MBS TBA transactions NGD
than the requirements proposed for MBS TBA
transactions GD.
FINRA is proposing to amend the
FINRA Rule 6700 Series and Trade
Reporting and Compliance Engine
(‘‘TRACE’’) dissemination protocols
regarding the reporting and
dissemination of transactions in
TRACE–Eligible Securities that are: (1)
Agency Pass-Through Mortgage-Backed
Securities traded in Specified Pool
Transactions (‘‘MBS Specified Pool
transactions’’) and (2) Asset-Backed
Securities backed by loans guaranteed
as to principal and interest by the Small
Business Administration (‘‘SBA–Backed
ABS’’) and traded either in Specified
Pool Transactions or to be announced
27 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
VerDate Mar<15>2010
17:10 Apr 18, 2012
Jkt 226001
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
concomitant reductions in the reporting
periods for such transactions.
FINRA proposes to amend Rule 6730
to reduce, in two stages, the time frames
to report MBS Specified Pool and SBA–
Backed ABS transactions. FINRA also
proposes minor clarifying amendments
to Rule 6730(a)(3)(D) and (E) to specify
that the reporting requirements set forth
therein apply solely to MBS TBA
transactions. In connection with such
changes, FINRA proposes amendments
to the definitions of ‘‘To Be Announced
(‘TBA’),’’ ‘‘Specified Pool Transaction,’’
and ‘‘Agency Pass-Through MortgageBacked Security’’ and a new defined
term, ‘‘SBA–Backed ABS.’’ Finally,
FINRA proposes to amend Rule 6750 to
provide for the dissemination of MBS
Specified Pool and SBA–Backed ABS
transactions, and proposes to establish,
as part of TRACE dissemination
protocols, a $10 million dissemination
cap for such transactions.
MBS Specified Pool Transactions
Generally, Agency Pass-Through
Mortgage-Backed Securities are traded
either TBA or in Specified Pool
Transactions as defined in Rule 6710(v)
and (x), respectively. In MBS Specified
Pool transactions, on the date of trade
(trade date), the seller agrees to deliver
to the buyer a specific security
identifiable by a unique identification
number, which is backed by a specific
pool (or pools) of mortgage loans, or
other Agency Pass-Through MortgageBacked Securities, or a combination of
such assets. MBS Specified Pool
transactions differ from MBS TBA
transactions in that, on trade date, in an
MBS TBA transaction, the security to be
delivered is described (e.g., program,
interest rate, type of residential
mortgage, maturity) but is not
specifically identified (i.e., does not
have a specific unique identification
number), and will not be identified until
shortly before settlement. While the
majority of Agency Pass-Through
Mortgage-Backed Securities are traded
TBA, the daily volume of MBS
Specified Pool transactions represents
significant economic activity in
mortgage-related securities, and FINRA
believes that additional transparency in
such securities is appropriate. The
reported transaction data shows that
MBS Specified Pool transaction pricing
is strongly correlated to the pricing of
the substantially larger market in MBS
TBA transactions. Moreover, the two
market sectors exhibit similar trading
characteristics. For example,
approximately 98 percent of the total
volume in MBS Specified Pool
transactions occurs in securities backed
by single-family mortgage loans.
E:\FR\FM\19APN1.SGM
19APN1
Agencies
[Federal Register Volume 77, Number 76 (Thursday, April 19, 2012)]
[Notices]
[Pages 23521-23524]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9404]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-66800; File No. SR-Phlx-2012-47]
Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Qualified Contingent Cross Orders
April 12, 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 April 2, 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.
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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 its Pricing Schedule to increase a
rebate for Qualified Contingent Cross orders.
The text of the proposed rule change is available on the Exchange's
Web site at https://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 the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The purpose of the proposed rule change is to increase a certain
rebate applicable to both electronic QCC Orders (``eQCC'') \3\ and
Floor QCC Orders \4\ (collectively ``QCC Orders''). The Exchange
believes that offering an increased rebate for executing in excess of
1,000,000 QCC Orders in a given month should create an additional
incentive for market participants to execute a greater number of QCC
Orders on the Exchange in Multiply Listed Securities.
---------------------------------------------------------------------------
\3\ A QCC Order is comprised of an order to buy or sell at least
1000 contracts that is identified as being part of a qualified
contingent trade, as that term is defined in Rule 1080(o)(3),
coupled with a contra-side order to buy or sell an equal number of
contracts. The QCC Order must be executed at a price at or between
the National Best Bid and Offer and be rejected if a Customer order
is resting on the Exchange book at the same price. A QCC Order shall
only be submitted electronically from off the floor to the PHLX XL
II System. See Rule 1080(o). See also Securities Exchange Act
Release No. 64249 (April 7, 2011), 76 FR 20773 (April 13, 2011) (SR-
Phlx-2011-47) (a rule change to establish a QCC Order to facilitate
the execution of stock/option Qualified Contingent Trades (``QCTs'')
that satisfy the requirements of the trade through exemption in
connection with Rule 611(d) of the Regulation NMS).
\4\ A Floor QCC Order must: (i) Be for at least 1,000 contracts;
(ii) meet the six requirements of Rule 1080(o)(3) which are modeled
on the QCT Exemption; (iii) be executed at a price at or between the
National Best Bid and Offer (``NBBO''); and (iv) be rejected if a
Customer order is resting on the Exchange book at the same price. In
order to satisfy the 1,000-contract requirement, a Floor QCC Order
must be for 1,000 contracts and could not be, for example, two 500-
contract orders or two 500-contract legs. See Rule 1064(e). See also
Securities Exchange Act Release No. 64688 (June 16, 2011), 76 FR
36606 (June 22, 2011) (SR-Phlx-2011-56).
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There are currently several categories of market participants:
Customers, Market Makers,\5\ Directed Participants,\6\ Broker-Dealers,
Firms and Professionals.\7\ The Exchange proposes to amend the current
rebates applicable to both eQCC Orders and Floor QCC Orders for the
above categories of market participants. The proposed amendment is
applicable to both Sections I \8\ and II \9\ of the Pricing Schedule.
Currently, the Exchange pays a rebate of $0.07 per contract on all
qualifying executed QCC Orders up to 1,000,000 contracts in a month. In
addition, if a member exceeds 1,000,000 contracts in a month of
qualifying executed QCC Orders, the Exchange currently pays a rebate of
$0.10 per contract on all qualifying executed QCC Orders, both eQCC and
Floor QCC Orders, in a given month.\10\ The
[[Page 23522]]
Exchange does not offer a rebate on executed eQCC Orders or Floor QCC
Orders where the transaction is either: (i) Customer-to-Customer; or
(ii) a dividend,\11\ merger \12\ or short stock interest strategy \13\
and executions subject to the Reversal and Conversion Cap.\14\
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\5\ A ``Market Maker'' includes Specialists (see Rule 1020) and
Registered Options Traders (``ROTs'') (Rule 1014(b)(i) and (ii),
which includes Streaming Quote Traders (``SQTs'') (see Rule
1014(b)(ii)(A)) and Remote Streaming Quote Traders (``RSQTs'') (see
Rule 1014(b)(ii)(B)). Directed Participants are also Market Makers.
\6\ A Directed Participant is a Specialist, SQT, or RSQT that
executes a customer order that is directed to them by an Order Flow
Provider and is executed electronically on PHLX XL II.
\7\ The Exchange defines a ``professional'' as any person or
entity that (i) is not a broker or dealer in securities, and (ii)
places more than 390 orders in listed options per day on average
during a calendar month for its own beneficial account(s)
(hereinafter ``Professional'').
\8\ Section I of the Pricing Schedule is entitled ``Rebates and
Fees for Adding and Removing Liquidity in Select Symbols.'' The
Section I fees and rebates are applicable to certain Select Symbols
which are defined in that section.
\9\ Section II of the Pricing Schedule is entitled ``Equity
Options Fees.'' Section II includes options overlying equities,
ETFs, ETNs, indexes and HOLDRS which are Multiply Listed.
\10\ QCC Transaction Fees for a Market Maker, Professional, Firm
and Broker-Dealer are $0.20 per contract. QCC Transaction Fees apply
to QCC Orders, as defined in Exchange Rule 1080(o), and Floor QCC
Orders, as defined in 1064(e).
\11\ A dividend strategy is defined as transactions done to
achieve a dividend arbitrage involving the purchase, sale and
exercise of in-the-money options of the same class, executed the
first business day prior to the date on which the underlying stock
goes ex-dividend. See Section II of the Pricing Schedule.
\12\ A merger strategy is defined as transactions done to
achieve a merger arbitrage involving the purchase, sale and exercise
of options of the same class and expiration date, executed the first
business day prior to the date on which shareholders of record are
required to elect their respective form of consideration, i.e., cash
or stock. See Section II of the Pricing Schedule.
\13\ A short stock interest strategy is defined as transactions
done to achieve a short stock interest arbitrage involving the
purchase, sale and exercise of in-the-money options of the same
class. See Section II of the Pricing Schedule.
\14\ Market Maker, Professional, Firm and Broker-Dealer equity
options transaction fees are capped at $1,000 per day for reversal
and conversion strategies executed on the same trading day in the
same options class.
---------------------------------------------------------------------------
The Exchange proposes to increase the current rebate paid to a
member that exceeds 1,000,000 contracts in a month of qualifying
executed QCC Orders, both eQCC and Floor QCC Orders, from $0.10 per
contract to $0.11 per contract to further incentivize members to
execute a greater number of QCC Orders on the Exchange. For example, if
a member executed 1,200,000 QCC Orders in April 2012, and those QCC
Orders were eligible orders in that they did not include Customer-to-
Customer transactions or dividend, merger or short stock interest
strategies or executions subject to the Reversal and Conversion Cap,
that member would receive a rebate of $0.11 per contract on all
1,200,000 orders for April 2012. Therefore, depending on the number of
executed eligible QCC Orders, a member would receive either a $0.07 or
$0.11 per contract rebate on all qualifying QCC Orders in a given
month.
With respect to a Floor QCC Order, the Exchange will continue to
offer the rebate to the Floor Broker. The Exchange will continue to pay
a rebate of $0.07 per contract on all qualifying executed QCC Orders up
to 1,000,000 contracts in a month; the Exchange is not amending the
$0.07 rebate. The current exceptions to qualifying QCC Orders will
remain the same.\15\ Currently, QCC Transaction Fees apply to Sections
I and II of the Pricing Schedule and are subject to the Monthly Firm
Fee Cap \16\ and the Monthly Market Maker Cap.\17\ This will also
remain the same.
---------------------------------------------------------------------------
\15\ The following transactions are not eligible for the $0.07
per contract rebate: (i) Customer-to-Customer; or (ii) a dividend,
merger or short stock interest strategy and executions subject to
the Reversal and Conversion Cap (as defined in Section II).
\16\ Firms are subject to a maximum fee of $75,000 (``Monthly
Firm Fee Cap''). Firm equity option transaction fees and QCC
Transaction Fees in the aggregate, for one billing month may not
exceed the Monthly Firm Fee Cap per member organization when such
members are trading in their own proprietary account. All dividend,
merger, short stock interest and reversal and conversion strategy
executions are excluded from the Monthly Firm Fee Cap. In addition,
Market Makers that (i) are on the contra-side of an electronically-
delivered and executed Customer order; and (ii) have reached the
Monthly Market Maker Cap will be assessed a $0.07 per contract fee,
excluding PIXL Orders. For QCC Orders as defined in Exchange Rule
1080(o), and Floor QCC Orders, as defined in 1064(e), a Service Fee
of $0.07 per side will apply once a Market Maker has reached the
Monthly Market Maker Cap. This $0.07 Service Fee will apply to every
contract side of the QCC Order and Floor QCC Order after a Market
Maker has reached the Monthly Market Maker Cap. The Service Fee will
not be assessed to a Market Maker that does not reach the Monthly
Market Maker Cap in a particular calendar month.
\17\ Market Makers are currently subject to a Monthly Market
Maker Cap of $550,000. The trading activity of separate Market Maker
member organizations will be aggregated in calculating the Monthly
Market Maker Cap if there is at least 75% common ownership between
the member organizations. In addition, Market Makers that (i) are on
the contra-side of an electronically-delivered and executed Customer
order; and (ii) have reached the Monthly Market Maker Cap will be
assessed a $0.07 per contract fee.
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2. Statutory Basis
The Exchange believes that its proposal to amend its Pricing
Schedule is consistent with Section 6(b) of the Act \18\ in general,
and furthers the objectives of Section 6(b)(4) of the Act \19\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among Exchange members. The Exchange also believes
that there is an equitable allocation of reasonable rebates among
Exchange members.
---------------------------------------------------------------------------
\18\ 15 U.S.C. 78f(b).
\19\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
The Exchange believes that it is reasonable to incentivize members
to transact both eQCC Orders and Floor QCC Orders in Multiply Listed
securities \20\ by continuing to pay a tiered rebate of $0.07 per
contract on all qualifying executed QCC Orders up to 1,000,000
contracts in a month and to increase the rebate for members with
qualifying executed QCC Orders exceeding 1,000,000 contracts in a month
from $0.10 per contract to $0.11 per contract. The Exchange believes
that increasing the rebate for qualifying QCC Orders exceeding
1,000,000 contracts in a month from $0.10 to $0.11 per contract is
reasonable because the Exchange would continue to pay a rebate on every
executed contract QCC Order, as is the case today, while also
incentivizing members to execute more than 1,000,000 qualifying
executed QCC Orders to achieve a higher rebate on all contracts in a
month. In other words, the proposal offers members an incentive to send
a greater number of QCC Orders, while still paying a $0.07 rebate below
1,000,000 contracts. The proposed increased rebate is within the range
of rebates paid by other exchanges \21\ and balances the Exchange's
desire to incentivize its members to send order flow to the Exchange
while considering the costs attributable to offering such rebates.
Further, all members have equal opportunity, depending on their chosen
business model, to earn rebates for executing QCC Orders on the
Exchange.
---------------------------------------------------------------------------
\20\ The rebate does not apply to Singly Listed Securities. For
purposes of this filing, a Singly Listed Option means an option that
is only listed on the Exchange and is not listed by any other
national securities exchange or is otherwise defined as a Singly
Listed Option in the Pricing Schedule. See Section III of the
Exchange's Pricing Schedule entitled ''Singly Listed Options.''
\21\ See NYSE Arca, Inc.'s (``NYSE Arca'') Fee Schedule. NYSE
Arca pays a $0.10 per contract rebate for executed QCC orders
entered by a Floor Broker. The Floor Broker Rebate for executed
orders is $0.05 per contract side.
---------------------------------------------------------------------------
The Exchange believes that it is equitable and not unfairly
discriminatory to increase the rebate for executed QCC Orders to $0.11
per contract because all market participants will continue to be
eligible for the $0.07 rebate on qualifying QCC Orders, as they are
today, unless they are able to exceed 1,000,000 contracts of qualifying
executed QCC Orders in a given month, then the member would be entitled
to a higher rebate of $0.11 per contract on all qualifying executed QCC
Orders. This benefit is intended to incentivize members to transact a
greater number of qualifying QCC Orders in order to take advantage of
the higher rebate. Additionally, the proposed rebate increase is within
the range of tiered rebates offered by the International Securities
Exchange, LLC (``ISE'').\22\
[[Page 23523]]
Also, all members are equally eligible to transact Multiply Listed
securities.
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\22\ See ISE's Schedule of Fees. ISE provides a rebate to
members who reach a certain volume threshold in QCC orders and/or
solicitation orders during a month. Once a member reaches the volume
threshold, ISE pays a rebate to that member for all qualified
contingent cross and solicitation traded contracts for that month.
The rebate is paid to the member entering a qualifying order, i.e.,
a qualified contingent cross order and/or a solicitation order. The
rebate applies to qualified contingent cross orders and solicitation
orders in all symbols traded on the Exchange. Additionally, the
threshold levels are based on the originating side. Specifically,
the following rebates apply: for 0-199,999 originating contract
sides ISE pays no rebate; for 200,000 to 999,999 originating
contract sides ISE pays $0.05 per contract; for 1,000,000 to
1,599,999 originating contract sides ISE pays $0.08 per contract;
and for 1,600,000+ originating contract sides ISE pays $0.10 per
contract.
---------------------------------------------------------------------------
The Exchange believes it continues to be reasonable to not offer a
rebate for eQCC Orders and Floor QCC Orders for Customer-to-Customer
executions because members executing Customer orders are not assessed a
QCC Transaction Fee \23\ and therefore do not need to be incentivized
to send QCC Orders to the Exchange. Likewise, the Exchange believes
that it is reasonable to not offer a rebate for dividend, merger and
short stock interest strategies and executions subject to the Reversal
and Conversion Cap because the Exchange already provides a cap today on
the transaction fees associated with these strategies and therefore
does not believe an additional incentive is required.
---------------------------------------------------------------------------
\23\ Market Makers, Professionals, Firms and Broker-Dealers are
assessed a QCC Transaction Fee of $0.20 per contract.
---------------------------------------------------------------------------
With respect to the Floor QCC Order, the Exchange will also
continue to offer the rebate to the Floor Broker, including the
proposed increase. The Floor Broker is in receipt of the Floor QCC
Orders and enters those orders into the Floor Broker Management System
(``FBMS'').\24\ The Exchange believes it is necessary from a
competitive standpoint to offer this rebate to the executing Floor
Broker on a Floor QCC Order. The Exchange expects that the rebate
offered to executing Floor Brokers will allow them to continue to price
their services at a level that will enable them to attract Floor QCC
order flow from participants who would otherwise enter these orders
electronically from off the floor to the PHLX XL II System \25\ or
choose another exchange. To the extent that Floor Brokers are able to
attract these Floor QCC Orders, they will gain important information
that will allow them to solicit the parties to the Floor QCC Orders for
participation in other trades, which will in turn benefit all other
Exchange participants through the additional liquidity and price
discovery that may occur as a result. The Exchange believes that it
continues to be equitable and not unfairly discriminatory to pay the
rebate for Floor QCC Orders to Floor Brokers because the rebate would
uniformly apply to all Floor QCC Orders entered by a Floor Broker into
FBMS for execution based on volume. The rebate is not unfairly
discriminatory to firms that enter eQCC Orders directly into PHLX XL
II, because the transaction fees and rebates are the same whether the
order is entered electronically or through a Floor Broker. In addition,
pursuant to Exchange Rule 1080(o)(3), only Floor Brokers may enter a
Floor QCC Order from the floor of the Exchange; therefore, providing
the rebate to Floor Brokers does not discriminate against eQCC orders
entered into PHLX XL II. Any participant is able to engage a rebate-
receiving Floor Broker in a discussion surrounding the appropriate
level of fees that they may be charged for entrusting the entry of the
Floor QCC Order to the Floor Broker into FBMS for execution. The
additional order flow attracted by this rebate should benefit all
participants. The rebate is meant to assist Floor Brokers to recruit
business on an agency basis. The Floor Broker may use all or part of
the rebate to offset its fees.
---------------------------------------------------------------------------
\24\ See Exchange Rule 1063(e).
\25\ 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 operates in a highly competitive market comprised of
nine U.S. options exchanges in which sophisticated and knowledgeable
market participants readily can, and do, send order flow to competing
exchanges if they deem fee levels and rebate opportunities at a
particular exchange to be excessive. The Exchange believes that the
proposed rebates for eQCC Orders and Floor QCC Orders must be
competitive with rebates offered at other options exchanges. The
Exchange believes that this competitive marketplace impacts the rebates
and fees present on the Exchange today and influences the proposals set
forth above.
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.\26\ 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.
---------------------------------------------------------------------------
\26\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File No. SR-Phlx-2012-47 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-2012-47. 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
[[Page 23524]]
information that you wish to make available publicly. All submissions
should refer to File No. SR-Phlx-2012-47 and should be submitted on or
before May 10, 2012.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
---------------------------------------------------------------------------
\27\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-9404 Filed 4-18-12; 8:45 am]
BILLING CODE 8011-01-P