Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Apply a Strategy Fee Cap to Jelly Rolls, 33877-33880 [2013-13274]
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Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Notices
promote the prompt and accurate
clearance and settlement of securities
transactions. The proposed rule change
is designed to promote the prompt and
accurate clearance and settlement of
securities transactions by increasing the
number of deliveries which will be
required to be approved by the receiving
Participant prior to DTC processing,
which will enhance settlement
certainty.
(B) Clearing Agency’s Statement on
Burden on Competition
DTC does not believe that the
proposed rule change will have any
impact or impose any burden on
competition.
(C) Clearing Agency’s Statement on
Comments on the Proposed Rule
Change Received From Members,
Participants or Others
Written comments relating to the
proposed rule change have not been
solicited or received. DTC will notify
the Commission of any written
comments received by DTC.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of
publication of this notice in the Federal
Register or within such longer period
up to 90 days (i) as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or (ii) as to which
the self-regulatory organization
consents, the Commission will:
(A) by order approve or disapprove
the proposed rule change or
(B) institute proceedings to determine
whether the proposed rule change
should be disapproved.
mstockstill on DSK4VPTVN1PROD with NOTICES
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 Number SR–DTC–2013–04 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.
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All submissions should refer to File
Number SR–DTC–2013–04. 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 Section, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such
filings will also be available for
inspection and copying at the principal
office of DTC and on DTC’s Web site at
https://www.dtcc.com/downloads/legal/
rule_filings/2013/dtc/SR-DTC-201304.pdf.
All comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–DTC–2013–04 and should
be submitted on or before June 26, 2013.
For the Commission by the Division of
Trading and Markets, pursuant to delegated
authority.9
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–13273 Filed 6–4–13; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–69671; File No. SR–Phlx–
2013–59]
Self-Regulatory Organizations;
NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Apply a
Strategy Fee Cap to Jelly Rolls
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
33877
notice is hereby given that on May 21,
2013 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 adopt a
strategy fee cap applicable to jelly rolls.
While changes to the Pricing
Schedule pursuant to this proposal are
effective upon filing, the Exchange has
designated the proposed amendment to
be operative on May 22, 2013.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://
nasdaqomxphlx.cchwallstreet.com/, 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
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 this filing is to amend
the strategy fee caps which are currently
located in Section II, entitled ‘‘Multiply
Listed Options’’ 3 Today, the Exchange
caps certain dividend, merger, short
stock interest and reversal and
conversion floor option transactions.
The Exchange is proposing to also cap
jelly roll strategies.
A jelly roll strategy is defined as
transactions created by entering into
two separate positions simultaneously.
One position involves buying a put and
9 17
1 15
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3 This includes options overlying equities, ETFs,
ETNs and indexes which are Multiply Listed.
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selling a call with the same strike price
and expiration. The second position
involves selling a put and buying a call,
with the same strike price, but with a
different expiration from the first
position. The Exchange proposes to
include this definition in Section II of
the Pricing Strategy in the section
entitled ‘‘Strategies Defined.’’
The Exchange proposes to offer a
strategy cap for jelly rolls. Today,
Specialist,4 Market Maker,5
Professional,6 Firm 7 and Broker-Dealer 8
floor option transaction charges in
Multiply Listed Options are capped at
$1,250 for dividend, merger and short
stock interest strategies executed on the
same trading day in the same options
class when such members are trading in
their own proprietary accounts, and
option transaction charges in Multiply
Listed Options are capped at $700 for
reversal and conversion strategies
executed on the same trading day in the
same options class. Floor option
transaction charges in Multiply Listed
Options for dividend, merger, short
stock interest and reversal and
conversion strategies combined are
further capped at $35,000 per member
organization, per month when such
members are trading in their own
proprietary accounts (‘‘Monthly Strategy
Cap’’). Reversal and conversion strategy
executions are not included in the
Monthly Strategy Cap for a Firm.
Further, to qualify for a strategy fee cap,
the buy and sell side of a transaction
must originate from the Exchange floor.
The Exchange proposes to cap
Specialist, Market Maker, Professional,
Firm and Broker-Dealer floor option
transaction charges in Multiply Listed
Options at $700 for jelly roll strategies
executed on the same trading day in the
same options class. Further, the
Exchange will include jelly rolls in the
Monthly Strategy Cap so that floor
option transaction charges in Multiply
Listed Options for dividend, merger,
4 A ‘‘Specialist’’ is an Exchange member who is
registered as an options specialist pursuant to Rule
1020(a).
5 A ‘‘market maker’’ includes Registered Options
Traders (Rule 1014(b)(i) and (ii)), which includes
Streaming Quote Traders (see Rule 1014(b)(ii)(A))
and Remote Streaming Quote Traders (see Rule
1014(b)(ii)(B)). Directed Participants are also market
makers.
6 The term ‘‘Professional’’ means 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). See Rule
1000(b)(14).
7 The term ‘‘Firm’’ applies to any transaction that
is identified by a member or member organization
for clearing in the Firm range at OCC.
8 The term ‘‘Broker-Dealer’’ applies to any
transaction which is not subject to any of the other
transaction fees applicable within a particular
category.
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short stock interest, reversal and
conversion and jelly roll strategies
combined will continue to be capped at
$35,000 per member organization, per
month when such members are trading
in their own proprietary accounts for
purposes of the Monthly Strategy Cap,
except for a Firm. Similar to reversal
and conversion strategy executions, jelly
rolls will not be included in the
Monthly Strategy Cap for a Firm. The
Exchange proposes to note for purposes
of clarity in the Pricing Schedule that,
as is the case today for reversal and
conversion strategy executions, jelly
rolls are included in the Monthly Firm
Fee Cap.9 The Exchange proposes to
amend the text of the Pricing Schedule
describing the applicability of the
Monthly Market Maker Cap 10 and the
Monthly Firm Fee Cap to clarify how
jelly roll strategies will be included or
excluded from these caps as defined
herein. For purposes of clarity, the
Exchange proposes to note in the
Pricing Schedule that all strategy
executions are excluded from the
Monthly Market Maker Cap.
In order to receive the applicable
strategy caps today, members are
required to designate on the trade ticket
whether the trade involves a dividend,
merger, short stock interest, or reversal
and conversion strategy by entering the
proper code on the trading ticket 11 and
into the system, or directly into the
Floor Broker Management System 12
9 Firms are subject to a maximum fee of $75,000
(‘‘Monthly Firm Fee Cap’’). Firm Floor Option
Transaction Charges and QCC Transaction Fees, as
defined in this section above, 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, and short stock
interest strategy executions (as defined in this
Section II) are excluded from the Monthly Firm Fee
Cap. Reversal and conversion strategy executions
(as defined in this Section II) are included in the
Monthly Firm Fee Cap. QCC Transaction Fees are
included in the calculation of the Monthly Firm Fee
Cap.
10 Specialists and Market Makers are subject to a
‘‘Monthly Market Maker Cap’’ of $550,000 for: (i)
Electronic and floor Option Transaction Charges;
(ii) QCC Transaction Fees (as defined in Exchange
Rule 1080(o) and Floor QCC Orders, as defined in
1064(e)); and (iii) fees related to an order or quote
that is contra to a PIXL Order or specifically
responding to a PIXL auction. The trading activity
of separate Specialist and Market Maker member
organizations is aggregated in calculating the
Monthly Market Maker Cap if there is Common
Ownership between the member organizations. All
dividend, merger, short stock interest and reversal
and conversion strategy executions (as defined in
this Section II) are excluded from the Monthly
Market Maker Cap.
11 The Exchange has designated ‘‘Z1’’ for
dividend strategies, ‘‘Z2’’ for merger strategies,
‘‘Z3’’ for short stock interest strategies and ‘‘Z4’’ for
reversal and conversion strategies.
12 FBMS is designed to enable Floor Brokers and/
or their employees to enter, route and report
transactions stemming from options orders received
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(‘‘FBMS’’).13 In the alternative, members
may request Exchange staff on the
trading floor input the code into the
system.14 The Exchange will require
members to designate a ‘‘Z4’’ on the
trading ticket in order to receive the
strategy cap for a jelly roll strategy,
similar to the manner in which reversal
and conversion strategies are designated
today. The Exchange will note the
required designation in a memorandum
to floor members when it announces the
availability of the strategy cap for jelly
rolls.
2. Statutory Basis
The Exchange believes that its
proposal to amend its Pricing Schedule
is consistent with Section 6(b) of the
Act 15 in general, and furthers the
objectives of Section 6(b)(4) of the Act,16
in particular, in that it is an equitable
allocation of reasonable fees and other
charges among Exchange members.
The Exchange believes that adopting
a strategy cap for jelly rolls is reasonable
because it should encourage members
and member organizations to transact a
greater number of jelly roll strategies on
the Exchange’s trading floor in order
that they may benefit from the fee cap.
The Exchange also believes that it is
reasonable to permit jelly roll strategy
executions to count toward the Monthly
Strategy Cap when members are trading
in their own proprietary account to
receive the benefit of the combined
executions, which will include the
ability to achieve the Monthly Strategy
Cap by transacting jelly rolls as well as
on the Exchange. FBMS also is designed to establish
an electronic audit trail for options orders
represented and executed by Floor Brokers on the
Exchange, such that the audit trail provides an
accurate, time-sequenced record of electronic and
other orders, quotations and transactions on the
Exchange, beginning with the receipt of an order by
the Exchange, and further documenting the life of
the order through the process of execution, partial
execution, or cancellation of that order. See
Exchange Rule 1080, Commentary .06.
13 See Securities Exchange Act Release No. 65228
(August 30, 2011), 76 FR 55453 (September 7, 2011)
(SR–Phlx–2012–73) (notice of filing and immediate
effectiveness of proposed rule change relating to
reversal and conversion strategies).
14 The system refers to PHLX XL®, the Exchange’s
automated trading system. The Exchange believes
that providing members the ability to request
Exchange staff to mark a Strategy Trade on the day
the strategy is executed would provide members
with a means to ensure the Strategy Trade is
properly marked for purposes of pricing in the
event that a floor broker inadvertently forgot to
mark a trade. Therefore, the Exchange requires that
members executing Strategy Trades either: (1) Enter
a code on the trading ticket and into the system; (2)
enter a code directly into FBMS; or (3) request that
the information be inputted into the system by
Exchange staff on the trading floor, on the day the
order was executed, to take advantage of certain
pricing caps for which they may qualify.
15 15 U.S.C. 78f(b).
16 15 U.S.C. 78f(b)(4).
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dividend, merger, short stock interest
and reversal and conversion strategies.
In addition, other options exchanges
offer fee caps for jelly rolls, namely
NYSE Arca, Inc. (‘‘NYSE Arca’’),17
NYSE Amex, Inc. (‘‘NYSE Amex’’) 18
and the Chicago Board Options
Exchange, Incorporated (‘‘CBOE’’) 19 for
strategies.
The Exchange believes that adopting
a strategy cap for jelly rolls is equitable
and not unfairly discriminatory because
all market participants that are assessed
transaction fees will have an
opportunity to cap floor option
transaction charges in Multiply Listed
Options with respect to jelly rolls. In
addition, the Exchange believes that it is
equitable and not unfairly
discriminatory to continue to require
that all fee cap strategies, including jelly
rolls, which combine executions for
purposes of the Monthly Strategy Cap,
must be traded in a member’s own
proprietary account. The Exchange is
not amending the calculation of the
Monthly Strategy Cap which will
continue to impose the same
requirements on members for all
strategies to qualify for the Monthly
Strategy Caps.
The Exchange’s proposal to exclude
Firm floor options transaction charges
related to reversal and conversion
strategies, and now jelly rolls, from the
Monthly Strategy Cap is reasonable
because these fees would be capped as
part of the Monthly Firm Fee Cap,
which applies only to Firms. The
Exchange believes that the exclusion of
Firm floor options transaction charges
related to reversal and conversion
strategies and now jelly rolls from the
Monthly Strategy Cap is equitable and
not unfairly discriminatory because
Firms, unlike other market participants,
have the ability to cap transaction fees
up to $75,000 per month with the
Monthly Firm Fee Cap. The Exchange
17 NYSE Arca offer a $750 cap on transaction fees
for Strategy Executions involving (a) reversals and
conversions, (b) box spreads, (c) short stock interest
spreads, (d) merger spreads, and (e) jelly rolls. The
cap applies to each Strategy Execution executed in
standard option contracts on the same trading day
in the same option class. See NYSE Arca General
Options and Trading Permit (OTP) Fees.
18 NYSE Amex offers a $750 cap on transaction
fees for Strategy Executions involving (a) reversals
and conversions, (b) box spreads, (c) short stock
interest spreads, (d) merger spreads, and (e) jelly
rolls. The cap applies to all Strategy Executions
executed in standard option contracts on the same
trading day in the same option class. See NYSE
Amex Options Fee Schedule.
19 Market-maker, broker-dealer and non-Trading
Permit Holder market-maker transaction fees are
capped at $1,000 for all reversals, conversions and
jelly roll strategies executed on the same trading
day in the same option class, excluding any option
class on which the Exchange charges the Index
License surcharge fee. See CBOE’s Fees Schedule.
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would include floor option transaction
charges related to jelly roll strategies in
the Monthly Strategy Cap for
Professionals, and Broker Dealers, when
such members are trading in their own
proprietary accounts, because these
market participants are not subject to
the Monthly Firm Fee Cap or other
similar cap. While Specialists and
Market Makers are subject to a Monthly
Market Maker Cap on both electronic
and floor options transaction charges,
jelly rolls would be excluded from the
Monthly Market Maker Cap, as all other
strategy transactions are excluded from
this cap.20 For the reasons described
above, the Exchange believes including
jelly roll strategies in the Monthly Firm
Fee Cap is reasonable, equitable and not
unfairly discriminatory because the cap
provides an incentive for Firms to
transact floor transactions on the
Exchange, which brings increased
liquidity and order flow to the floor for
the benefit of all market participants.21
The Exchange believes that its
proposal to apply jelly roll strategy fee
caps to orders originating from the
Exchange floor is reasonable because
members pay floor brokers to execute
trades on the Exchange floor. The
Exchange believes that offering fee caps
to members executing floor transactions
defrays brokerage costs associated with
executing strategy transactions and
continues to incentivize members to
utilize the floor for certain executions.22
The Exchange believes that its proposal
to apply jelly roll strategy fee caps to
orders originating from the Exchange
floor is equitable and not unfairly
discriminatory because today all other
strategy fee caps are only applicable for
floor transactions. The Exchange
believes that a requirement that both the
buy and sell sides of the order originate
from the floor to qualify for the fee cap
constitutes equal treatment of members.
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 because the
20 The reversal and conversion strategy
executions are excluded from the Monthly Market
Maker Cap. See Section II of the Pricing Schedule.
21 Firms are eligible to cap floor options
transactions charges and QCC Transaction Fees as
part of the Monthly Firm Fee Cap. QCC Transaction
Fees apply to QCC Orders as defined in Exchange
Rule 1080(o) and Floor QCC Orders as defined in
1064(e). See Section II of the Pricing Schedule.
22 The Exchange’s proposal would only apply the
fee cap to options transaction charges where buy
and sell sides originate from the Exchange floor. See
proposed rule text in Section II of the Pricing
Schedule.
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33879
proposed changes apply uniformly to all
members that incur transaction charges
for jelly rolls.23 Further, other options
exchanges today offer fee caps on jelly
roll strategies; therefore, the Exchange
believes the proposal is consistent with
robust competition and does not
provide any unnecessary burden on
competition. Further, floor members pay
floor brokers to execute trades on the
Exchange floor. The Exchange believes
that offering fee caps on jelly rolls to
members executing floor transactions
and not electronic executions does not
create an unnecessary burden on
competition because the fee cap defrays
brokerage costs associated with
executing jelly roll strategy transactions,
similar to other strategies today. Also,
requiring that both the buy and sell
sides of the order originate from the
floor to qualify for the fee cap
constitutes equal treatment of members.
The Exchange operates in a highly
competitive market, comprised of
eleven exchanges, in which market
participants can easily and readily
direct order flow to competing venues if
they deem fee levels at a particular
venue to be excessive or rebates to be
inadequate. Accordingly, the fee caps
that are proposed by the Exchange, as
described in the proposal, are
influenced by these robust market forces
and therefore must remain competitive
with fees caps at other venues and
therefore must continue to be reasonable
and equitably allocated to those
members that opt to direct orders to the
Exchange rather than competing venues.
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.24 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
23 Customers are not assessed options transaction
charges in Section II of the Pricing Schedule.
24 15 U.S.C. 78s(b)(3)(A)(ii).
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Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Notices
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:
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.25
Kevin M. O’Neill,
Deputy Secretary.
the places specified in Item IV below.
The self-regulatory organization has
prepared summaries, set forth in
sections A, B and C below, of the most
significant aspects of such statements.
[FR Doc. 2013–13274 Filed 6–4–13; 8:45 am]
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
[Release No. 34–69669; File No. SR–EDGA–
2013–14]
• 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–2013–59 on the subject
line.
Self-Regulatory Organizations; EDGA
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Relating to Amendments
to the EDGA Exchange, Inc. Fee
Schedule
Paper Comments
mstockstill on DSK4VPTVN1PROD with NOTICES
• 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–2013–59. 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
10:00 a.m. and 3:00 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–2013–
59 and should be submitted on or before
June 26, 2013.
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16:43 Jun 04, 2013
Jkt 229001
May 30, 2013.
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 May 21,
2013, EDGA Exchange, Inc. (the
‘‘Exchange’’ or ‘‘EDGA’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II and III
below, which items have been prepared
by the self-regulatory 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 its
fees and rebates applicable to Members 3
and non-Members of the Exchange
pursuant to EDGA Rule 15.1(a) and (c).
All of the changes described herein are
applicable to EDGA Members and nonMembers. The text of the proposed rule
change is available on the Exchange’s
Internet Web site at
www.directedge.com, at the Exchange’s
principal office, and at the Public
Reference Room of the Commission.
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
of these statements may be examined at
25 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 As defined in Exchange Rule 1.5(n).
1 15
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1. Purpose
The Exchange currently maintains
logical ports for order entry (FIX, HP–
API), drop copies (DROP), and market
data (Data) (collectively, ‘‘Direct Logical
Ports’’).4 The Exchange currently offers
five (5) free Direct Logical Ports and
charges $500 for each additional Direct
Logical Port. Currently, Members and
non-Members may send live or test
symbols through their FIX and/or HP–
API logical ports. Members and nonMembers may choose to send test
symbols via their FIX and/or HP–API
logical ports in order to test their
software developed to take advantage of
newly implemented exchange
enhancements or to test their own
software updates prior to
implementation.
In order to provide dedicated testing
ports to Members and non-Members to
conduct the testing behavior described
above, the Exchange proposes to add
EdgeRisk Ports (‘‘Test Ports’’) to the list
of Direct Logical Ports currently offered
by the Exchange. Test Ports would
provide Members, and non-Member
service bureaus that act as conduits for
orders entered by Members that are their
customers, access to a System 5 test
environment through which they can
test their automated systems that
integrate with the Exchange. Although
Members and non-Members currently
have the ability to send live and test
symbols via FIX and/or HP–API logical
ports, Test Ports are dedicated FIX or
HP–API ports that would only allow
orders for designated test symbols to
flow through the production
environment, rejecting any live symbols.
This would provide Members and nonMembers an opportunity to safely test
their software developed to take
advantage of newly implemented
exchange enhancements or to test their
own software updates prior to
4 See Securities and Exchange Act Release No.
64964 (July 26, 2011), 76 FR 45898 (August 1, 2011)
(SR–EDGA–2011–22) (proposing to include logical
ports that receive market data among the types of
logical ports that the Exchange assesses a monthly
fee to Members and non-Members). See also
Securities and Exchange Act Release No. 67742
(Aug. 28, 2012), 77 FR 53951 (Sept. 4, 2012) (SR–
EDGA–2012–37) (proposing to reduce the quantity
of free Direct Logical Ports from ten to five).
5 As defined in Exchange Rule 1.5(cc).
E:\FR\FM\05JNN1.SGM
05JNN1
Agencies
[Federal Register Volume 78, Number 108 (Wednesday, June 5, 2013)]
[Notices]
[Pages 33877-33880]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13274]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-69671; File No. SR-Phlx-2013-59]
Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Apply a
Strategy Fee Cap to Jelly Rolls
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 May 21, 2013 NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I, II, and III, below,
which Items have been prepared by the Exchange. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to adopt a strategy fee cap applicable to
jelly rolls.
While changes to the Pricing Schedule pursuant to this proposal are
effective upon filing, the Exchange has designated the proposed
amendment to be operative on May 22, 2013.
The text of the proposed rule change is available on the Exchange's
Web site at https://nasdaqomxphlx.cchwallstreet.com/, 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 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 this filing is to amend the strategy fee caps which
are currently located in Section II, entitled ``Multiply Listed
Options'' \3\ Today, the Exchange caps certain dividend, merger, short
stock interest and reversal and conversion floor option transactions.
The Exchange is proposing to also cap jelly roll strategies.
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\3\ This includes options overlying equities, ETFs, ETNs and
indexes which are Multiply Listed.
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A jelly roll strategy is defined as transactions created by
entering into two separate positions simultaneously. One position
involves buying a put and
[[Page 33878]]
selling a call with the same strike price and expiration. The second
position involves selling a put and buying a call, with the same strike
price, but with a different expiration from the first position. The
Exchange proposes to include this definition in Section II of the
Pricing Strategy in the section entitled ``Strategies Defined.''
The Exchange proposes to offer a strategy cap for jelly rolls.
Today, Specialist,\4\ Market Maker,\5\ Professional,\6\ Firm \7\ and
Broker-Dealer \8\ floor option transaction charges in Multiply Listed
Options are capped at $1,250 for dividend, merger and short stock
interest strategies executed on the same trading day in the same
options class when such members are trading in their own proprietary
accounts, and option transaction charges in Multiply Listed Options are
capped at $700 for reversal and conversion strategies executed on the
same trading day in the same options class. Floor option transaction
charges in Multiply Listed Options for dividend, merger, short stock
interest and reversal and conversion strategies combined are further
capped at $35,000 per member organization, per month when such members
are trading in their own proprietary accounts (``Monthly Strategy
Cap''). Reversal and conversion strategy executions are not included in
the Monthly Strategy Cap for a Firm. Further, to qualify for a strategy
fee cap, the buy and sell side of a transaction must originate from the
Exchange floor.
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\4\ A ``Specialist'' is an Exchange member who is registered as
an options specialist pursuant to Rule 1020(a).
\5\ A ``market maker'' includes Registered Options Traders (Rule
1014(b)(i) and (ii)), which includes Streaming Quote Traders (see
Rule 1014(b)(ii)(A)) and Remote Streaming Quote Traders (see Rule
1014(b)(ii)(B)). Directed Participants are also market makers.
\6\ The term ``Professional'' means 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). See Rule
1000(b)(14).
\7\ The term ``Firm'' applies to any transaction that is
identified by a member or member organization for clearing in the
Firm range at OCC.
\8\ The term ``Broker-Dealer'' applies to any transaction which
is not subject to any of the other transaction fees applicable
within a particular category.
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The Exchange proposes to cap Specialist, Market Maker,
Professional, Firm and Broker-Dealer floor option transaction charges
in Multiply Listed Options at $700 for jelly roll strategies executed
on the same trading day in the same options class. Further, the
Exchange will include jelly rolls in the Monthly Strategy Cap so that
floor option transaction charges in Multiply Listed Options for
dividend, merger, short stock interest, reversal and conversion and
jelly roll strategies combined will continue to be capped at $35,000
per member organization, per month when such members are trading in
their own proprietary accounts for purposes of the Monthly Strategy
Cap, except for a Firm. Similar to reversal and conversion strategy
executions, jelly rolls will not be included in the Monthly Strategy
Cap for a Firm. The Exchange proposes to note for purposes of clarity
in the Pricing Schedule that, as is the case today for reversal and
conversion strategy executions, jelly rolls are included in the Monthly
Firm Fee Cap.\9\ The Exchange proposes to amend the text of the Pricing
Schedule describing the applicability of the Monthly Market Maker Cap
\10\ and the Monthly Firm Fee Cap to clarify how jelly roll strategies
will be included or excluded from these caps as defined herein. For
purposes of clarity, the Exchange proposes to note in the Pricing
Schedule that all strategy executions are excluded from the Monthly
Market Maker Cap.
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\9\ Firms are subject to a maximum fee of $75,000 (``Monthly
Firm Fee Cap''). Firm Floor Option Transaction Charges and QCC
Transaction Fees, as defined in this section above, 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, and short stock
interest strategy executions (as defined in this Section II) are
excluded from the Monthly Firm Fee Cap. Reversal and conversion
strategy executions (as defined in this Section II) are included in
the Monthly Firm Fee Cap. QCC Transaction Fees are included in the
calculation of the Monthly Firm Fee Cap.
\10\ Specialists and Market Makers are subject to a ``Monthly
Market Maker Cap'' of $550,000 for: (i) Electronic and floor Option
Transaction Charges; (ii) QCC Transaction Fees (as defined in
Exchange Rule 1080(o) and Floor QCC Orders, as defined in 1064(e));
and (iii) fees related to an order or quote that is contra to a PIXL
Order or specifically responding to a PIXL auction. The trading
activity of separate Specialist and Market Maker member
organizations is aggregated in calculating the Monthly Market Maker
Cap if there is Common Ownership between the member organizations.
All dividend, merger, short stock interest and reversal and
conversion strategy executions (as defined in this Section II) are
excluded from the Monthly Market Maker Cap.
---------------------------------------------------------------------------
In order to receive the applicable strategy caps today, members are
required to designate on the trade ticket whether the trade involves a
dividend, merger, short stock interest, or reversal and conversion
strategy by entering the proper code on the trading ticket \11\ and
into the system, or directly into the Floor Broker Management System
\12\ (``FBMS'').\13\ In the alternative, members may request Exchange
staff on the trading floor input the code into the system.\14\ The
Exchange will require members to designate a ``Z4'' on the trading
ticket in order to receive the strategy cap for a jelly roll strategy,
similar to the manner in which reversal and conversion strategies are
designated today. The Exchange will note the required designation in a
memorandum to floor members when it announces the availability of the
strategy cap for jelly rolls.
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\11\ The Exchange has designated ``Z1'' for dividend strategies,
``Z2'' for merger strategies, ``Z3'' for short stock interest
strategies and ``Z4'' for reversal and conversion strategies.
\12\ FBMS is designed to enable Floor Brokers and/or their
employees to enter, route and report transactions stemming from
options orders received on the Exchange. FBMS also is designed to
establish an electronic audit trail for options orders represented
and executed by Floor Brokers on the Exchange, such that the audit
trail provides an accurate, time-sequenced record of electronic and
other orders, quotations and transactions on the Exchange, beginning
with the receipt of an order by the Exchange, and further
documenting the life of the order through the process of execution,
partial execution, or cancellation of that order. See Exchange Rule
1080, Commentary .06.
\13\ See Securities Exchange Act Release No. 65228 (August 30,
2011), 76 FR 55453 (September 7, 2011) (SR-Phlx-2012-73) (notice of
filing and immediate effectiveness of proposed rule change relating
to reversal and conversion strategies).
\14\ The system refers to PHLX XL[supreg], the Exchange's
automated trading system. The Exchange believes that providing
members the ability to request Exchange staff to mark a Strategy
Trade on the day the strategy is executed would provide members with
a means to ensure the Strategy Trade is properly marked for purposes
of pricing in the event that a floor broker inadvertently forgot to
mark a trade. Therefore, the Exchange requires that members
executing Strategy Trades either: (1) Enter a code on the trading
ticket and into the system; (2) enter a code directly into FBMS; or
(3) request that the information be inputted into the system by
Exchange staff on the trading floor, on the day the order was
executed, to take advantage of certain pricing caps for which they
may qualify.
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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 \15\ in general,
and furthers the objectives of Section 6(b)(4) of the Act,\16\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among Exchange members.
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\15\ 15 U.S.C. 78f(b).
\16\ 15 U.S.C. 78f(b)(4).
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The Exchange believes that adopting a strategy cap for jelly rolls
is reasonable because it should encourage members and member
organizations to transact a greater number of jelly roll strategies on
the Exchange's trading floor in order that they may benefit from the
fee cap. The Exchange also believes that it is reasonable to permit
jelly roll strategy executions to count toward the Monthly Strategy Cap
when members are trading in their own proprietary account to receive
the benefit of the combined executions, which will include the ability
to achieve the Monthly Strategy Cap by transacting jelly rolls as well
as
[[Page 33879]]
dividend, merger, short stock interest and reversal and conversion
strategies. In addition, other options exchanges offer fee caps for
jelly rolls, namely NYSE Arca, Inc. (``NYSE Arca''),\17\ NYSE Amex,
Inc. (``NYSE Amex'') \18\ and the Chicago Board Options Exchange,
Incorporated (``CBOE'') \19\ for strategies.
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\17\ NYSE Arca offer a $750 cap on transaction fees for Strategy
Executions involving (a) reversals and conversions, (b) box spreads,
(c) short stock interest spreads, (d) merger spreads, and (e) jelly
rolls. The cap applies to each Strategy Execution executed in
standard option contracts on the same trading day in the same option
class. See NYSE Arca General Options and Trading Permit (OTP) Fees.
\18\ NYSE Amex offers a $750 cap on transaction fees for
Strategy Executions involving (a) reversals and conversions, (b) box
spreads, (c) short stock interest spreads, (d) merger spreads, and
(e) jelly rolls. The cap applies to all Strategy Executions executed
in standard option contracts on the same trading day in the same
option class. See NYSE Amex Options Fee Schedule.
\19\ Market-maker, broker-dealer and non-Trading Permit Holder
market-maker transaction fees are capped at $1,000 for all
reversals, conversions and jelly roll strategies executed on the
same trading day in the same option class, excluding any option
class on which the Exchange charges the Index License surcharge fee.
See CBOE's Fees Schedule.
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The Exchange believes that adopting a strategy cap for jelly rolls
is equitable and not unfairly discriminatory because all market
participants that are assessed transaction fees will have an
opportunity to cap floor option transaction charges in Multiply Listed
Options with respect to jelly rolls. In addition, the Exchange believes
that it is equitable and not unfairly discriminatory to continue to
require that all fee cap strategies, including jelly rolls, which
combine executions for purposes of the Monthly Strategy Cap, must be
traded in a member's own proprietary account. The Exchange is not
amending the calculation of the Monthly Strategy Cap which will
continue to impose the same requirements on members for all strategies
to qualify for the Monthly Strategy Caps.
The Exchange's proposal to exclude Firm floor options transaction
charges related to reversal and conversion strategies, and now jelly
rolls, from the Monthly Strategy Cap is reasonable because these fees
would be capped as part of the Monthly Firm Fee Cap, which applies only
to Firms. The Exchange believes that the exclusion of Firm floor
options transaction charges related to reversal and conversion
strategies and now jelly rolls from the Monthly Strategy Cap is
equitable and not unfairly discriminatory because Firms, unlike other
market participants, have the ability to cap transaction fees up to
$75,000 per month with the Monthly Firm Fee Cap. The Exchange would
include floor option transaction charges related to jelly roll
strategies in the Monthly Strategy Cap for Professionals, and Broker
Dealers, when such members are trading in their own proprietary
accounts, because these market participants are not subject to the
Monthly Firm Fee Cap or other similar cap. While Specialists and Market
Makers are subject to a Monthly Market Maker Cap on both electronic and
floor options transaction charges, jelly rolls would be excluded from
the Monthly Market Maker Cap, as all other strategy transactions are
excluded from this cap.\20\ For the reasons described above, the
Exchange believes including jelly roll strategies in the Monthly Firm
Fee Cap is reasonable, equitable and not unfairly discriminatory
because the cap provides an incentive for Firms to transact floor
transactions on the Exchange, which brings increased liquidity and
order flow to the floor for the benefit of all market participants.\21\
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\20\ The reversal and conversion strategy executions are
excluded from the Monthly Market Maker Cap. See Section II of the
Pricing Schedule.
\21\ Firms are eligible to cap floor options transactions
charges and QCC Transaction Fees as part of the Monthly Firm Fee
Cap. QCC Transaction Fees apply to QCC Orders as defined in Exchange
Rule 1080(o) and Floor QCC Orders as defined in 1064(e). See Section
II of the Pricing Schedule.
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The Exchange believes that its proposal to apply jelly roll
strategy fee caps to orders originating from the Exchange floor is
reasonable because members pay floor brokers to execute trades on the
Exchange floor. The Exchange believes that offering fee caps to members
executing floor transactions defrays brokerage costs associated with
executing strategy transactions and continues to incentivize members to
utilize the floor for certain executions.\22\ The Exchange believes
that its proposal to apply jelly roll strategy fee caps to orders
originating from the Exchange floor is equitable and not unfairly
discriminatory because today all other strategy fee caps are only
applicable for floor transactions. The Exchange believes that a
requirement that both the buy and sell sides of the order originate
from the floor to qualify for the fee cap constitutes equal treatment
of members.
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\22\ The Exchange's proposal would only apply the fee cap to
options transaction charges where buy and sell sides originate from
the Exchange floor. See proposed rule text in Section II of the
Pricing Schedule.
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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 because the proposed changes
apply uniformly to all members that incur transaction charges for jelly
rolls.\23\ Further, other options exchanges today offer fee caps on
jelly roll strategies; therefore, the Exchange believes the proposal is
consistent with robust competition and does not provide any unnecessary
burden on competition. Further, floor members pay floor brokers to
execute trades on the Exchange floor. The Exchange believes that
offering fee caps on jelly rolls to members executing floor
transactions and not electronic executions does not create an
unnecessary burden on competition because the fee cap defrays brokerage
costs associated with executing jelly roll strategy transactions,
similar to other strategies today. Also, requiring that both the buy
and sell sides of the order originate from the floor to qualify for the
fee cap constitutes equal treatment of members.
---------------------------------------------------------------------------
\23\ Customers are not assessed options transaction charges in
Section II of the Pricing Schedule.
---------------------------------------------------------------------------
The Exchange operates in a highly competitive market, comprised of
eleven exchanges, in which market participants can easily and readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive or rebates to be inadequate.
Accordingly, the fee caps that are proposed by the Exchange, as
described in the proposal, are influenced by these robust market forces
and therefore must remain competitive with fees caps at other venues
and therefore must continue to be reasonable and equitably allocated to
those members that opt to direct orders to the Exchange rather than
competing venues.
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.\24\ 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
[[Page 33880]]
whether the proposed rule should be approved or disapproved.
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\24\ 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-2013-59 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-2013-59. 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
10:00 a.m. and 3:00 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-2013-59 and should be
submitted on or before June 26, 2013.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
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\25\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-13274 Filed 6-4-13; 8:45 am]
BILLING CODE 8011-01-P