Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Delete Rule 1068, Execution of Multi-Part Orders, 81405-81407 [2015-32651]
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Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Notices
Book and incorporating pass-through
fees into the cost of executing a directed
order is consistent with Section 6(b)(5)
of the Act. The elimination of these fees
will be uniformly applied to current and
prospective ETP Holders. Thus, the
proposed reduction or removal of the
fees do not permit unfair discrimination
among ETP Holders. Additionally,
reducing or removing the fees will serve
to decrease cost and increase liquidity,
further removing impediments to and
perfecting the mechanism of a free and
open market and a national market
system.
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 that is not
necessary or appropriate in furtherance
of the purposes of the Exchange Act.
The proposed rule change seeks to
adopt a Fee Schedule that will apply
uniformly to all ETP Holders accessing
the Exchange. The Exchange further
submits that its proposed execution,
regulatory, market data, and
connectivity fees have been reasonably
calibrated such that they should impose
no burden on competition. Moreover,
the proposed fees and rebates will
enhance rather than burden competition
by operating to increase liquidity and
improve execution quality on the
Exchange through reasonable and
equitably allocated economic
incentives.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange has neither solicited
nor received written comments on the
proposed rule change.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The proposed rule change has taken
effect upon filing pursuant to Section
19(b)(3)(A)(ii) of the Act 23 and
subparagraph (f)(2) of Rule 19b–4.24
At any time within 60 days of the
filing of such 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.
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
Brent J. Fields,
Secretary.
[FR Doc. 2015–32650 Filed 12–28–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
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–
NSX–2015–07 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NSX–2015–07. 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 the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–NSX–
2015–07 and should be submitted on or
before January 19, 2016.
[Release No. 34–76737; File No. SR–Phlx–
2015–102]
Self-Regulatory Organizations;
NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Delete Rule
1068, Execution of Multi-Part Orders
December 22, 2015.
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 December
15, 2015, 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 delete Rule
1068, Execution of Multi-Part Orders, as
described further below.
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, 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
25 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
23 15
U.S.C. 78s(b)(3)(A)(ii).
24 17 CFR 240.19b–4(f)(2).
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Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Notices
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of the filing is to update
the Exchange’s rulebook by deleting
Rule 1068, Execution of Multi-Part
Orders.3 This rule pertains to the
execution of a foreign currency
options—futures multi-part order,
which is a type of spread order that
consists of multiple components.4 Rule
1068 was adopted when the Exchange
operated a trading floor for both foreign
currency options and foreign currency
futures (which were traded on the
Philadelphia Board of Trade (‘‘PBOT’’),
a futures exchange). The rule
enumerates the process for representing
and executing a foreign currency
options—futures multi-part order in the
trading crowd.
PBOT has long been replaced by
successive futures exchanges (NASDAQ
Futures Exchange, Inc. and, most
recently, NASDAQ Futures, Inc.
(collectively ‘‘NFX’’)). NFX operates as
an all-electronic futures exchange, such
that no trading floor exists 5 upon which
an order with a futures component can
be executed. Although foreign currency
options can be executed on the options
trading floor, futures orders cannot.
Rule 1068 refers to the execution of this
order pursuant to NFX Rule 327, which
no longer exists.6
Rule 1068 inadvertently remained in
the rulebook after NFX no longer
operated with a trading floor, and is
now proposed to be deleted.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act 7 in general, and furthers the
objectives of Section 6(b)(5) of the Act 8
in particular, in that it is designed to
promote just and equitable principles of
3 See Securities Exchange Act Release No. 28117
(June 14, 1990), 55 FR 25188 (June 20, 1990) (SR–
Phlx–89–58).
4 In Rule 1066(c), the Exchange previously
defined a multi-part order as an order to buy and/
or sell a stated number of foreign currency option
contracts and a stated number of foreign currency
futures contracts. This order type was deleted. See
Securities Exchange Act Release No. 69471 (April
29, 2013), 78 FR 26096 (May 3, 2013) (SR–Phlx–
2013–09).
5 See SR–NFX–2009–04. This rule selfcertification was filed with the Commodity Futures
Trading Commission on March 26, 2009 and
eliminated open outcry rules in connection with the
termination of floor trading.
6 Id.
7 15 U.S.C. 78f(b).
8 15 U.S.C. 78f(b)(5).
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trade and protect investors and the
public interest, by eliminating an
obsolete rule and thereby preventing
confusion as to whether such a multipart order can be executed. Eliminating
the execution rule associated with
multi-part orders promotes just and
equitable principles of trade, because
the order type itself was previously
deleted, and because it is impossible to
trade. Eliminating this rule is also
consistent with the protection of
investors and the public interest
because investors would not reasonably
expect to be able to execute such an
order and there has been no demand for
this order.
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. There are no
market participants impacted by the
deletion of this rule. This rule was
specifically intended to permit NFX
members to transact business on a
trading floor, which no longer exists.
Further, the Exchange does not list these
products and therefore no market
participant may transact foreign
currency futures. Those Phlx members
desiring to transact foreign currency
options may continue to trade those
securities on Phlx. Accordingly, there is
no impact on intra-market competition.
Market participants who seek to trade in
foreign currency options along with
foreign currency futures can do so by
submitting separate orders to various
securities and futures exchanges.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A)(iii) of the Act 9 and
9 15
PO 00000
U.S.C. 78s(b)(3)(a)(iii).
Frm 00135
Fmt 4703
Sfmt 4703
subparagraph (f)(6) of Rule 19b–4
thereunder.10
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: (i) Necessary or appropriate in
the public interest; (ii) for the protection
of investors; or (iii) 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 rule-comments@
sec.gov. Please include File Number SR–
Phlx–2015–102 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–Phlx–2015–102. 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
10 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its intent to file
the proposed rule change at least five business days
prior to the date of filing of the proposed rule
change, or such shorter time as designated by the
Commission. The Exchange has satisfied this
requirement.
E:\FR\FM\29DEN1.SGM
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Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Notices
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 the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–Phlx–
2015–102 and should be submitted on
or before January 19, 2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Brent J. Fields,
Secretary.
[FR Doc. 2015–32651 Filed 12–28–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–76739; File No. SR–
NASDAQ–2015–153]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend
NASDAQ Options Market—Fees and
Rebates
December 22, 2015.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
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 December
15, 2015, The NASDAQ Stock Market
LLC (‘‘Nasdaq’’ or ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘SEC’’ or ‘‘Commission’’)
the proposed rule change as described
in Items I, II, and III below, which Items
have been prepared by the Exchange.
The Commission is publishing this
notice to solicit comments on the
proposed rule change from interested
persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
Chapter XV, entitled ‘‘Options Pricing,’’
at Section 2, which governs pricing for
Exchange members using the NASDAQ
Options Market (‘‘NOM’’), the
Exchange’s facility for executing and
routing standardized equity and index
options.
11 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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The Exchange purposes [sic] to
remove specific rule text added in SR–
NASDAQ–2015–149,3 which was
applicable only to the mid-month
pricing change.4 This proposal removes
the specific December 2015 dates from
the rule text so the rebates will apply in
January 2016. While the changes
proposed herein are effective upon
filing, the Exchange has designated the
amendments [sic] become operative on
January 4, 2016.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://nasdaq.cchwallstreet.com, at
the principal office of the Exchange, and
at the Commission’s Public Reference
Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend
Chapter XV, Section 2, entitled
‘‘NASDAQ Options Market—Fees and
Rebates’’ to amend Tier 8 of the
Customer and Professional Penny Pilot
Options 5 Rebates to Add Liquidity. The
proposed rule change is detailed below.
3 This proposed rule change is not yet published.
This proposed rule change was filed on December
2, 2015.
4 The Commission notes that after the Exchange
filed this proposal, the notice for SR–NASDAQ–
2015–149 was published for public comment. See
Securities Exchange Act Release No. 76651
(December 15, 2015), 80 FR 79387 (December 21,
2015).
5 See Securities Exchange Act Release Nos. 57579
(March 28, 2008), 73 FR 18587 (April 4, 2008) (SR–
NASDAQ–2008–026) (notice of filing and
immediate effectiveness establishing Penny Pilot);
60874 (October 23, 2009), 74 FR 56682 (November
2, 2009) (SR–NASDAQ–2009–091) (notice of filing
and immediate effectiveness expanding and
extending Penny Pilot); 60965 (November 9, 2009),
74 FR 59292 (November 17, 2009) (SR–NASDAQ–
2009–097) (notice of filing and immediate
effectiveness adding seventy-five classes to Penny
Pilot); 61455 (February 1, 2010), 75 FR 6239
(February 8, 2010) (SR–NASDAQ–2010–013)
(notice of filing and immediate effectiveness adding
seventy-five classes to Penny Pilot); 62029 (May 4,
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Frm 00136
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81407
Customer and Professional Penny Pilot
Options Rebates To Add Liquidity
Today, the Exchange offers
Participants tiered Customer and
Professional rebates based on various
criteria, with rebates ranging from $0.20
to $0.48 per contract.6 The Exchange
filed SR–NASDAQ–2015–149,7 on
December 2, 2015, to amend Tier 8 of
the Customer and Professional Penny
Pilot Options Rebates to Add Liquidity
tiers. Participants may qualify for
Customer and Professional Penny Pilot
Options Rebates to Add Liquidity by
adding a certain amount of liquidity as
specified by each tier.8
The Exchange proposes to amend Tier
8 of the Customer and Professional
Penny Pilot Options Rebate to Add
Liquidity, which states ‘‘Participant
adds Customer, Professional, Firm, NonNOM Market Maker, and/or Broker2010), 75 FR 25895 (May 10, 2010) (SR–NASDAQ–
2010–053) (notice of filing and immediate
effectiveness adding seventy-five classes to Penny
Pilot); 65969 (December 15, 2011), 76 FR 79268
(December 21, 2011) (SR–NASDAQ–2011–169)
(notice of filing and immediate effectiveness [sic]
extension and replacement of Penny Pilot); 67325
(June 29, 2012), 77 FR 40127 (July 6, 2012) (SR–
NASDAQ–2012–075) (notice of filing and
immediate effectiveness and extension and
replacement of Penny Pilot through December 31,
2012); 68519 (December 21, 2012), 78 FR 136
(January 2, 2013) (SR–NASDAQ–2012–143) (notice
of filing and immediate effectiveness and extension
and replacement of Penny Pilot through June 30,
2013); 69787 (June 18, 2013), 78 FR 37858 (June 24,
2013) (SR–NASDAQ–2013–082) (notice of filing
and immediate effectiveness and extension and
replacement of Penny Pilot through December 31,
2013); 71105 (December 17, 2013), 78 FR 77530
(December 23, 2013) (SR–NASDAQ–2013–154)
(notice of filing and immediate effectiveness and
extension and replacement of Penny Pilot through
June 30, 2014); 79 FR 31151 [sic] (May 23, 2014),
79 FR 31151 (May 30, 2014) (SR–NASDAQ–2014–
056) (notice of filing and immediate effectiveness
and extension and replacement of Penny Pilot
through December 31, 2014); 73686 (December 2,
2014) [sic], 79 FR 71477 (November 25, 2014) [sic]
(SR–NASDAQ–2014–115) (notice of filing and
immediate effectiveness and extension and
replacement of Penny Pilot through June 30, 2015)
and 75283 (June 24, 2015), 80 FR 37347 (June 30,
2015) (SR–NASDAQ–2015–063) (notice of filing
and immediate effectiveness and extension and
replacement of Penny Pilot). See also NOM Rules,
Chapter VI, Section 5.
6 See NOM’s Rules at Chapter XV, Section 2(1).
7 See note 3 above.
8 Tiers 6 and 7 are calculated based on Total
Volume. Total Volume is defined as Customer,
Professional, Firm, Broker-Dealer, Non-NOM
Market Maker, and NOM Market Maker volume in
Penny Pilot Options and/or Non-Penny Pilot
Options which either adds or removes liquidity on
NOM. See note ‘‘b’’ in Section 2(1) of Chapter XV.
The Exchange utilizes data from The Options
Clearing Corporation (‘‘OCC’’) to determine the total
industry customer equity and ETF options ADV
figure. OCC classifies equity and ETF options
volume under the equity options category. Also,
both customer and professional orders that are
transacted on options exchanges clear in the
customer range at OCC and therefore both customer
and professional volume would be included in the
total industry figure to calculate rebate tiers.
E:\FR\FM\29DEN1.SGM
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Agencies
[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)]
[Notices]
[Pages 81405-81407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32651]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-76737; File No. SR-Phlx-2015-102]
Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Delete
Rule 1068, Execution of Multi-Part Orders
December 22, 2015.
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 December 15, 2015, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II,
and III, below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to delete Rule 1068, Execution of Multi-Part
Orders, as described further below.
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, 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
[[Page 81406]]
the most significant aspects of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The purpose of the filing is to update the Exchange's rulebook by
deleting Rule 1068, Execution of Multi-Part Orders.\3\ This rule
pertains to the execution of a foreign currency options--futures multi-
part order, which is a type of spread order that consists of multiple
components.\4\ Rule 1068 was adopted when the Exchange operated a
trading floor for both foreign currency options and foreign currency
futures (which were traded on the Philadelphia Board of Trade
(``PBOT''), a futures exchange). The rule enumerates the process for
representing and executing a foreign currency options--futures multi-
part order in the trading crowd.
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 28117 (June 14,
1990), 55 FR 25188 (June 20, 1990) (SR-Phlx-89-58).
\4\ In Rule 1066(c), the Exchange previously defined a multi-
part order as an order to buy and/or sell a stated number of foreign
currency option contracts and a stated number of foreign currency
futures contracts. This order type was deleted. See Securities
Exchange Act Release No. 69471 (April 29, 2013), 78 FR 26096 (May 3,
2013) (SR-Phlx-2013-09).
---------------------------------------------------------------------------
PBOT has long been replaced by successive futures exchanges (NASDAQ
Futures Exchange, Inc. and, most recently, NASDAQ Futures, Inc.
(collectively ``NFX'')). NFX operates as an all-electronic futures
exchange, such that no trading floor exists \5\ upon which an order
with a futures component can be executed. Although foreign currency
options can be executed on the options trading floor, futures orders
cannot. Rule 1068 refers to the execution of this order pursuant to NFX
Rule 327, which no longer exists.\6\
---------------------------------------------------------------------------
\5\ See SR-NFX-2009-04. This rule self-certification was filed
with the Commodity Futures Trading Commission on March 26, 2009 and
eliminated open outcry rules in connection with the termination of
floor trading.
\6\ Id.
---------------------------------------------------------------------------
Rule 1068 inadvertently remained in the rulebook after NFX no
longer operated with a trading floor, and is now proposed to be
deleted.
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act \7\ in general, and furthers the objectives of Section
6(b)(5) of the Act \8\ in particular, in that it is designed to promote
just and equitable principles of trade and protect investors and the
public interest, by eliminating an obsolete rule and thereby preventing
confusion as to whether such a multi-part order can be executed.
Eliminating the execution rule associated with multi-part orders
promotes just and equitable principles of trade, because the order type
itself was previously deleted, and because it is impossible to trade.
Eliminating this rule is also consistent with the protection of
investors and the public interest because investors would not
reasonably expect to be able to execute such an order and there has
been no demand for this order.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
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. There are no market
participants impacted by the deletion of this rule. This rule was
specifically intended to permit NFX members to transact business on a
trading floor, which no longer exists. Further, the Exchange does not
list these products and therefore no market participant may transact
foreign currency futures. Those Phlx members desiring to transact
foreign currency options may continue to trade those securities on
Phlx. Accordingly, there is no impact on intra-market competition.
Market participants who seek to trade in foreign currency options along
with foreign currency futures can do so by submitting separate orders
to various securities and futures exchanges.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \9\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\10\
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\9\ 15 U.S.C. 78s(b)(3)(a)(iii).
\10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) 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 rule-comments@sec.gov. Please include
File Number SR-Phlx-2015-102 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-Phlx-2015-102. 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
[[Page 81407]]
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
the filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-Phlx-2015-102 and should be submitted on or before
January 19, 2016.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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\11\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-32651 Filed 12-28-15; 8:45 am]
BILLING CODE 8011-01-P