Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Options 7, Sections 4 and 9, 43929-43933 [2024-10948]
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Federal Register / Vol. 89, No. 98 / Monday, May 20, 2024 / Notices
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those that may be withheld from the
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For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.27
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024–10943 Filed 5–17–24; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–100132; File No. SR–Phlx–
2024–21]
Self-Regulatory Organizations; Nasdaq
PHLX LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend Options 7,
Sections 4 and 9
lotter on DSK11XQN23PROD with NOTICES1
May 14, 2024.
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 1,
2024, Nasdaq PHLX LLC (‘‘Phlx’’ or
‘‘Exchange’’) filed with the Securities
27 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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and Exchange Commission
(‘‘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
Options 7, Sections 4 and 9.3
The text of the proposed rule change
is available on the Exchange’s website at
https://listingcenter.nasdaq.com/
rulebook/phlx/rules, 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
Options 7, Section 4, Multiply Listed
Options Fees (Includes options
overlying equities, ETFs, ETNs and
indexes which are Multiply Listed)
(Excludes SPY and broad-based index
options symbols listed within Options
7, Section 5.A). The Exchange also
proposes a technical amendment to
Options 7, Section 9, B.
Today, Lead Market Makers and
Market Makers are subject to a
‘‘Monthly Market Maker Cap’’ of
$500,000 for: (i) electronic Option
Transaction Charges, excluding
surcharges and excluding options
3 The Exchange initially filed the proposed
pricing changes on November 28, 2023 (SR–Phlx–
2023–52) to be effective on December 1, 2023. On
December 5, 2023, the Exchange withdrew SR–
Phlx–2023–52 and replaced it with SR–Phlx–2023–
56. On January 16, 2023, the Exchange withdrew
SR–Phlx–2023–56 and submitted SR–Phlx–2024–
02. On March 7, 2024, the Exchange withdrew SR–
Phlx–2024–02 and submitted SR–Phlx–2024–10.
On May 1, 2024, the Exchange withdrew SR–Phlx–
2024–10 and submitted this filing.
PO 00000
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43929
overlying broad-based index options
symbols listed within Options 7,
Section 5.A; and (ii) QCC Transaction
Fees (as defined in Exchange Options 3,
Section 12 and Floor QCC Orders, as
defined in Options 8, Section 30(e)).4
All dividend, merger, short stock
interest, reversal and conversion, jelly
roll and box spread strategy executions
(as defined in this Options 7, Section 4)
are excluded from the Monthly Market
Maker Cap. Lead Market Makers or
Market Makers that (i) are on the contraside of an electronically-delivered and
executed Customer order, excluding
responses to a PIXL auction; and (ii)
have reached the Monthly Market Maker
Cap are assessed fees $0.05 per contract
Fee for Adding Liquidity in Penny
Symbols, $0.18 per contract Fee for
Removing Liquidity in Penny Symbols,
$0.18 per contract in Non-Penny
Symbols, and $0.18 per contract in a
non-Complex electronic auction,
including the Quote Exhaust auction
and, for purposes of this fee, the
opening process.5 Today, the Monthly
Market Maker Cap offers Lead Market
Makers and Market Makers the ability to
lower their costs provided they execute
a certain amount of orders on Phlx.
At this time, the Exchange proposes to
establish an increased SQF Fee Cap to
Lead Market Makers and Market Makers
that do not provide a minimum amount
of liquidity on Phlx. This proposed
increased SQF Fee Cap is intended to
incentivize Lead Market Makers and
Market Makers to add liquidity on Phlx
for the benefit of other market
participants in order to lower their fees.
Phlx proposes to increase the SQF Port
Fees cap to $50,000 a month if a Lead
Market Maker or Market Maker does not
transact 0.20% of Total Customer
Volume in electronic simple orders that
adds liquidity in a month.6 Today, Phlx
assesses $1,250 per port, per month up
to a maximum of $42,000 per month for
an SQF Port that receives inbound
quotes at any time within that month.7
4 The trading activity of separate Lead Market
Maker and Market Maker member organizations is
aggregated in calculating the Monthly Market Maker
Cap if there is Common Ownership between the
member organizations.
5 A Complex electronic auction includes, but is
not limited to, the Complex Order Live Auction
(‘‘COLA’’). Transactions which execute against an
order for which the Exchange broadcast an order
exposure alert in an electronic auction will be
subject to this fee.
6 For purposes of this cap, ‘‘Total Customer
Volume’’ shall be defined as a percentage of all
cleared customer volume at The Options Clearing
Corporation in Multiply Listed Equity Options and
Exchange-Traded Products (‘‘TCV’’).
7 An active port shall mean that the port was
utilized to submit a quote to the System during a
given month. See Options 7, Section 9, B. The
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Federal Register / Vol. 89, No. 98 / Monday, May 20, 2024 / Notices
With this proposal, the Exchange would
not assess Lead Market Makers and
Market Makers an SQF Port Fee beyond
the monthly cap of $50,000, instead of
$42,000, once the member organization
has exceeded the proposed port cap for
the respective month. Lead Market
Makers and Market Makers who
transacts 0.20% of Total Customer
Volume in electronic simple orders that
adds liquidity in a month will continue
to be subject to the $42,000 SQF Fee
Cap. The Exchange believes that Lead
Market Makers and Market Makers will
add liquidity to Phlx in order to
decrease their costs of doing business on
the Exchange by obtaining the benefits
of the lower SQF Fee Cap similar to the
manner in which Lead Market Maker
and Market Makers today transact a
certain quantity of orders to achieve the
Monthly Market Maker Cap.
Pursuant to Options 3, Section
7(a)(i)(B), Market Makers may only enter
quotes into SQF in their assigned
options series to add liquidity on Phlx.
Pursuant to Options 3, Section 7(a)(i)(B),
the SQF interface allows Market Makers
to connect, send, and receive messages
related to quotes, Immediate-or-Cancel
Orders, and auction responses to the
Exchange. While a Phlx Market Maker
may elect to obtain multiple SQF Ports
to organize its business,8 only one SQF
Port is necessary for a Phlx Market
Maker to fulfill its regulatory quoting
obligations.9
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2. Statutory Basis
The Exchange believes that its
proposal is consistent with section 6(b)
of the Act,10 in general, and furthers the
objectives of sections 6(b)(4) and 6(b)(5)
Exchange proposes to add the words ‘‘active port’’
in parenthesis at the end of the description of SQF
Port Fee in Options 7, Section 9, B to tie the
definition of an active port to the description for the
port. The Exchange also proposes a technical
amendment to add a comma between ‘‘per port’’
and ‘‘per month’’ for the SQF Port Fee in Options
7, Section 9, B. Today, member organizations are
not assessed an active SQF Port Fee for additional
ports acquired for ten business days for the purpose
of transitioning technology. The member
organization is required to provide the Exchange
with written notification of the transition and all
additional ports, provided at no cost, will be
removed at the end of the ten business days. See
Options 7, Section 9, B.
8 For example, a Phlx Market Maker may desire
to utilize multiple SQF Ports for accounting
purposes, to measure performance, for regulatory
reasons or other determinations that are specific to
that member organization.
9 Phlx Market Makers have various regulatory
requirements as provided for in Options 2, Section
4. Additionally, Phlx Market Makers have certain
quoting requirements with respect to their assigned
options series as provided in Options 2, Section 5.
SQF Ports are the only quoting protocol available
on Phlx and only Market Makers may utilize SQF
Ports.
10 15 U.S.C. 78f(b).
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of the Act,11 in particular, in that it
provides for the equitable allocation of
reasonable dues, fees, and other charges
among members and issuers and other
persons using any facility, and is not
designed to permit unfair
discrimination between customers,
issuers, brokers, or dealers.
The proposed pricing change to
increase the SQF Fee Cap for Lead
Market Makers and Market Makers to
$50,000 a month if Lead Market Makers
or Market Makers do not transact 0.20%
of Total Customer Volume in electronic
simple orders that adds liquidity in a
month is reasonable because it will
incentivize Lead Market Makers and
Market Makers to add liquidity on Phlx
to lower their costs. The Exchange
believes that the total volume required
to achieve the cap is reasonable as the
Exchange has limited the volume to
simple orders, as not all Market Makers
transact complex orders. Additionally,
the Exchange has limited the trading
volume to electronic volume, as not all
Market Makers transact business in
open outcry and Floor Market Makers
may enter orders verbally in the trading
crowd. Further, 0.20% of Total
Customer Volume in electronic simple
orders that adds liquidity in a month is
an achievable number for Market
Makers who currently add volume to
the Exchange. Additionally, the
Exchange believes that an SQF Fee cap
of $50,000, in lieu of $42,000, is
reasonable because Lead Market Makers
and Market Makers are obligated, among
other things, to maintain a two-sided
market in those options in which the
Market Maker is registered to trade, in
a manner that enhances the depth,
liquidity and competitiveness of the
market and compete with other
electronic Market Makers in all options
in all capacities in which the electronic
Market Maker is registered to trade.12
The Exchange believes that it is
reasonable to increase the SQF Port Fee
Cap to $50,000 for Lead Market Makers
and Market Makers that do not transact
0.20% of Total Customer Volume in
electronic simple orders that adds
liquidity in a month because the
Exchange believes that Lead Market
Makers and Market Makers that do not
contribute a minimum amount of
liquidity on Phlx should not be subject
to the same opportunities to lower their
costs as those Lead Market Makers and
Market Makers that do contribute to
liquidity and therefore provide the
ability for other market participants to
engage with that order flow. The
Exchange believes that the increase is
11 15
U.S.C. 78f(b)(4) and (5).
Options 2, Section 5(a)(1) and (3).
12 See
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modest and would serve to encourage
Lead Market Makers and Market Makers
to submit order flow to Phlx in order to
lower their cost and would result in
additional order competition, which
also benefits market participants. The
Exchange believes this proposal
promotes liquidity, quote competition,
and trading opportunities.
SQF Ports are utilized by Lead Market
Makers and Market Makers to quote on
Phlx. The SQF Port is the only protocol
available for quoting. A Phlx Market
Maker may submit all quotes through
one SQF Port and SQF Ports are only
utilized in the Market Maker’s assigned
options series. While a Phlx Market
Maker may elect to obtain multiple SQF
Ports to organize its business,13 only one
SQF Port is necessary for a Phlx Market
Maker to fulfill its regulatory quoting
obligations.14 For those Market Makers
that elect to organize themselves by
obtaining a greater number of SQF Ports,
they will be subject to a cap.15 For
Market Makers that only take 1 SQF Port
or only a few SQF Ports, their costs
would be far below the $42,000 or
$50,000 threshold for the cap.
The proposed pricing change to
increase the SQF Fee Cap for Lead
Market Makers and Market Makers to
$50,000 a month if Lead Market Makers
or Market Makers do not transact 0.20%
of Total Customer Volume in electronic
simple orders that adds liquidity in a
month is equitable and not unfairly
discriminatory as all Lead Market
Makers and Market Makers would be
able to cap their SQF Port costs at
$42,000, provided they transacted the
requisite volume, otherwise Lead
Market Makers and Market Makers
13 For example, a Phlx Market Maker may desire
to utilize multiple SQF Ports for accounting
purposes, to measure performance, for regulatory
reasons or other determinations that are specific to
that member organization.
14 Phlx Market Makers have various regulatory
requirements as provided for in Options 2, Section
4. Additionally, Phlx Market Makers have certain
quoting requirements with respect to their assigned
options series as provided in Options 2, Section 5.
SQF Ports are the only quoting protocol available
on Phlx and only Market Makers may utilize SQF
Ports.
15 The number of ports that member organizations
choose to purchase varies widely. Today, on Phlx,
2 Market Makers have 1 SQF Port, 5 Market Makers
have 2–5 SQF Ports, 4 Market Makers have between
6–10 SQF Ports, and 11 Market Makers have more
than 10 SQF Ports. Additionally, today, on Nasdaq
GEMX, LLC no Market Makers have 1 SQF Port/
SQF Purge Port, 1 Market Maker has 2–5 SQF Ports/
SQF Purge Ports, 4 Market Makers have between 6–
10 SQF Ports/SQF Purge Ports, and 8 Market
Makers have more than 10 SQF Ports/SQF Purge
Ports. Finally, on Nasdaq MRX LLC (‘‘MRX’’), 2
Market Makers have 1 SQF Ports/SQF Purge Ports,
no Market Makers have 2–5 SQF Ports/SQF Purge
Ports, 2 Market Makers have between 6–10 SQF
Ports/SQF Purge Ports, and 6 Market Makers have
more than 10 SQF Ports/SQF Purge Ports.
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Federal Register / Vol. 89, No. 98 / Monday, May 20, 2024 / Notices
would be uniformly subject to the
$50,000 SQF Fee Cap. The Exchange
notes that unlike other market
participants, Lead Market Makers are
obligated to quote in the Opening
Process and intra-day.16 Additionally,
Market Makers may enter quotes in the
Opening Process to open an option
series and they are required to quote
intra-day.17 Further, unlike other market
participants, Lead Market Makers and
Market Makers have obligations to the
market to maintain a two-sided market
in those options in which the Market
Maker is registered to trade, in a manner
that enhances the depth, liquidity and
competitiveness of the market and
compete with other electronic Market
Makers in all options in all capacities in
which the electronic Market Maker is
registered to trade, among other
obligations.18 Finally, unlike other
market participants, Lead Market
Makers and Market Makers incur other
costs related to their quoting obligations
in addition to other fees paid by other
market participants. Phlx assesses
Streaming Quote Trader 19 Fees based
on the number of option class
assignments to Lead Market Makers and
Market Makers.20 Additionally, Phlx
assesses Remote Market Maker 21
Organization Fees and Remote Lead
Market Maker Fees.22 These liquidity
providers are critical market
participants in that they are the only
43931
market participants that provide
liquidity to Phlx and are necessary for
opening the market. Allowing Lead
Market Makers and Market Makers to
manage their costs by capping SQF
Ports in addition to transaction fees
enables these essential market
participants to manage their business
model more effectively and better
allocate resources to other technologies
that are necessary to manage risk and
capacity to ensure that these market
participants continue to compete
effectively on Phlx. The following chart
represents the classification of Phlx
members and the percentage of Market
Makers.
PHLX Member Type Distribution
March2024
16 See
Options 3, Section 8 and Options 2, Section
lotter on DSK11XQN23PROD with NOTICES1
5.
17 Id.
18 See
Options 2, Section 5(a)(1) and (3).
‘‘Streaming Quote Trader’’ or ‘‘SQT’’ means
a Market Maker who has received permission from
the Exchange to generate and submit option
quotations electronically in options to which such
SQT is assigned. An SQT may only submit such
quotations while such SQT is physically present on
the trading floor of the Exchange. An SQT may only
19 A
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19:14 May 17, 2024
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would apply the criteria uniformly
when applying the SQF Fee Cap to Lead
Market Makers and Market Makers.
Finally, Phlx believes the proposed
SQF cap is constrained by competitive
forces and reasonably designed in
consideration of the competitive
environment in which the Exchange
operates. This fee structure incents Lead
Market Makers and Market Makers to
support increased liquidity, quote
competition, and trading opportunities
on the Exchange, for the benefit of all
market participants.
submit quotes in classes of options in which the
SQT is assigned. See Options 1, Section 1(b)(54).
20 See Options 7, Section 8, B.
21 A ‘‘Remote Streaming Quote Trader’’ or
‘‘RSQT’’ means a Market Maker that is a member
affiliated with an Remote Streaming Quote Trader
Organization with no physical trading floor
presence who has received permission from the
Exchange to generate and submit option quotations
electronically in options to which such RSQT has
been assigned. A qualified RSQT may function as
a Remote Lead Market Maker upon Exchange
approval. An RSQT is also known as a Remote
Market Maker (‘‘RMM’’) pursuant to Options 2,
Section 11. A Remote Streaming Quote
Organization (‘‘RSQTO’’) or Remote Market Maker
Organization (‘‘RMO’’) are Exchange member
organizations that have qualified pursuant to
Options 2, Section 1. See Options 1, Section
1(b)(49).
22 See Options 7, Section 8, C and D.
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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.
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EN20MY24.306</GPH>
Phlx believes Lead Market Makers
and Market Makers should be eligible
for certain incentives because they
fulfill a unique role on the Exchange
and are the only market participants
required to submit quotes to the
Exchange. The proposed SQF Port Cap
is designed to ensure that Lead Market
Makers and Market Makers add a certain
amount of liquidity on Phlx in order to
be able to cap their SQF Fees at the
lower cap of $42,000 as compared to the
increased cap of $50,000. The Exchange
43932
Federal Register / Vol. 89, No. 98 / Monday, May 20, 2024 / Notices
Intermarket Competition
readily favor competing venues if they
deem fee levels at a particular venue to
be excessive. The chart below shows the
February 2024 market share for multiply
listed options by exchange. Of the 17
operating options exchanges, none
currently has more than a 17.6% market
The proposal does not impose an
undue burden on intermarket
competition. The Exchange notes that it
operates in a highly competitive market
in which market participants can
share. Customers widely distribute their
transactions across exchanges according
to their business needs and the ability
of each exchange to meet those needs
through technology, liquidity and
functionality.
Options Market Share by Exchange: February 2024
CBOE
17.6%
ARCA
12.5%
PHlX
9.3%
AMEX
7.0%
EDGX
6.6%
!SE
6.0%
M!AX
6.0%
BOX
Options Exchanges- Parent Company
BOX
5.8%
MPRL
5.5%
NOM
5.0%
BATS
4.0%
EMLD
3.5%
CZ
MEMX
3.1%
GEMX
2.4%
MRX
2.4%
1.4%
BXOP-2.0%
MEMX-1.4%
Source: OCC, l\ladsaq Economic Research
lotter on DSK11XQN23PROD with NOTICES1
Intramarket Competition
The proposed pricing change to
increase the SQF Fee Cap for Lead
Market Makers and Market Makers to
$50,000 a month if Lead Market Makers
or Market Makers do not transact 0.20%
of Total Customer Volume in electronic
simple orders that adds liquidity in a
month does not impose an undue
burden on competition as all Lead
Market Makers and Market Makers
would be able to cap their SQF Port
costs at $42,000, provided they
transacted the requisite volume,
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19:14 May 17, 2024
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otherwise Lead Market Makers and
Market Makers would be uniformly
subject to the $50,000 SQF Fee Cap. The
Exchange notes that unlike other market
participants, Lead Market Makers are
obligated to quote in the Opening
Process and intra-day.23 Additionally,
Market Makers may enter quotes in the
Opening Process to open an option
series and they are required to quote
intra-day.24 Further, unlike other market
participants, Lead Market Makers and
Market Makers have obligations to the
market to maintain a two-sided market
in those options in which the Market
Maker is registered to trade, in a manner
that enhances the depth, liquidity and
competitiveness of the market and
compete with other electronic Market
Makers in all options in all capacities in
which the electronic Market Maker is
registered to trade, among other
obligations.25 Finally, unlike other
market participants, Lead Market
Makers and Market Makers incur other
costs related to their quoting obligations
in addition to other fees paid by other
market participants. Phlx assesses
23 See
Options 3, Section 8 and Options 2, Section
5.
24 Id.
25 See
PO 00000
Options 2, Section 5(a)(1) and (3).
Frm 00133
Fmt 4703
Sfmt 4703
Streaming Quote Trader 26 Fees based
on the number of option class
assignments to Lead Market Makers and
Market Makers.27 Additionally, Phlx
assesses Remote Market Maker 28
Organization Fees and Remote Lead
Market Maker Fees.29 These liquidity
providers are critical market
participants in that they are the only
26 A ‘‘Streaming Quote Trader’’ or ‘‘SQT’’ means
a Market Maker who has received permission from
the Exchange to generate and submit option
quotations electronically in options to which such
SQT is assigned. An SQT may only submit such
quotations while such SQT is physically present on
the trading floor of the Exchange. An SQT may only
submit quotes in classes of options in which the
SQT is assigned. See Options 1, Section 1(b)(54).
27 See Options 7, Section 8, B.
28 A ‘‘Remote Streaming Quote Trader’’ or
‘‘RSQT’’ means a Market Maker that is a member
affiliated with an Remote Streaming Quote Trader
Organization with no physical trading floor
presence who has received permission from the
Exchange to generate and submit option quotations
electronically in options to which such RSQT has
been assigned. A qualified RSQT may function as
a Remote Lead Market Maker upon Exchange
approval. An RSQT is also known as a Remote
Market Maker (‘‘RMM’’) pursuant to Options 2,
Section 11. A Remote Streaming Quote
Organization (‘‘RSQTO’’) or Remote Market Maker
Organization (‘‘RMO’’) are Exchange member
organizations that have qualified pursuant to
Options 2, Section 1. See Options 1, Section
1(b)(49).
29 See Options 7, Section 8, C and D.
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20MYN1
EN20MY24.307</GPH>
Market share is the percentage of
volume on a particular exchange
relative to the total volume across all
exchanges, and indicates the amount of
order flow directed to that exchange.
High levels of market share enhance the
value of trading and ports. In such an
environment, the Exchange must
continually adjust its fees to remain
competitive with other exchanges.
Because competitors are free to modify
their own fees in response, and because
market participants may readily adjust
their order routing practices, the
Exchange believes that the degree to
which fee changes in this market may
impose any burden on competition is
extremely limited.
Federal Register / Vol. 89, No. 98 / Monday, May 20, 2024 / Notices
market participants that provide
liquidity to Phlx and are necessary for
opening the market. Allowing Lead
Market Makers and Market Makers to
manage their costs by capping SQF
Ports in addition to transaction fees
enables these essential market
participants to manage their business
model more effectively and better
allocate resources to other technologies
that are necessary to manage risk and
capacity to ensure that these market
participants continue to compete
effectively on Phlx. The Exchange
believes that Lead Market Makers and
Market Makers should be eligible for
certain incentives because they fulfill a
unique role on the Exchange and are the
only market participants required to
submit quotes to the Exchange. The
proposed SQF Port Cap is designed to
ensure that Lead Market Makers and
Market Makers add a certain amount of
liquidity on Phlx in order to be able to
cap their SQF Fees at the lower cap of
$42,000 as compared to the increased
cap of $50,000. The Exchange would
apply the SQF Fee Cap criteria
uniformly to Lead Market Makers and
Market Makers.
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.30
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.
lotter on DSK11XQN23PROD with NOTICES1
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–2024–21 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–2024–21. 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 website (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 website 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 the filing also
will be available for inspection and
copying at the principal office of the
Exchange. Do not include personal
identifiable information in submissions;
you should submit only information
that you wish to make available
publicly. We may redact in part or
withhold entirely from publication
submitted material that is obscene or
subject to copyright protection. All
submissions should refer to file number
SR–Phlx–2024–21 and should be
submitted on or before June 10, 2024.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.31
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024–10948 Filed 5–17–24; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–100136; File No. SR–BX–
2024–015]
Self-Regulatory Organizations; Nasdaq
BX, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend BX Options 7,
Section 2
May 14, 2024.
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 1,
2024, Nasdaq BX, Inc. (‘‘BX’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission (‘‘SEC’’ or
‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III, below, which Items have been
prepared by the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
Exchange’s Pricing Schedule at Options
7, Section 2.
The text of the proposed rule change
is available on the Exchange’s website at
https://listingcenter.nasdaq.com/
rulebook/bx/rules, 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 its
Pricing Schedule at Options 7, Section
2(1) to establish an additional incentive
1 15
30 15
U.S.C. 78s(b)(3)(A)(ii).
VerDate Sep<11>2014
19:14 May 17, 2024
31 17
Jkt 262001
PO 00000
CFR 200.30–3(a)(12).
Frm 00134
Fmt 4703
Sfmt 4703
43933
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
E:\FR\FM\20MYN1.SGM
20MYN1
]]>Agencies
[Federal Register Volume 89, Number 98 (Monday, May 20, 2024)]
[Notices]
[Pages 43929-43933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10948]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-100132; File No. SR-Phlx-2024-21]
Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Options 7,
Sections 4 and 9
May 14, 2024.
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 1, 2024, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'') 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 Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend Options 7, Sections 4 and 9.\3\
---------------------------------------------------------------------------
\3\ The Exchange initially filed the proposed pricing changes on
November 28, 2023 (SR-Phlx-2023-52) to be effective on December 1,
2023. On December 5, 2023, the Exchange withdrew SR-Phlx-2023-52 and
replaced it with SR-Phlx-2023-56. On January 16, 2023, the Exchange
withdrew SR-Phlx-2023-56 and submitted SR-Phlx-2024-02. On March 7,
2024, the Exchange withdrew SR-Phlx-2024-02 and submitted SR-Phlx-
2024-10. On May 1, 2024, the Exchange withdrew SR-Phlx-2024-10 and
submitted this filing.
---------------------------------------------------------------------------
The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/phlx/rules, 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 Options 7, Section 4, Multiply
Listed Options Fees (Includes options overlying equities, ETFs, ETNs
and indexes which are Multiply Listed) (Excludes SPY and broad-based
index options symbols listed within Options 7, Section 5.A). The
Exchange also proposes a technical amendment to Options 7, Section 9,
B.
Today, Lead Market Makers and Market Makers are subject to a
``Monthly Market Maker Cap'' of $500,000 for: (i) electronic Option
Transaction Charges, excluding surcharges and excluding options
overlying broad-based index options symbols listed within Options 7,
Section 5.A; and (ii) QCC Transaction Fees (as defined in Exchange
Options 3, Section 12 and Floor QCC Orders, as defined in Options 8,
Section 30(e)).\4\ All dividend, merger, short stock interest, reversal
and conversion, jelly roll and box spread strategy executions (as
defined in this Options 7, Section 4) are excluded from the Monthly
Market Maker Cap. Lead Market Makers or Market Makers that (i) are on
the contra-side of an electronically-delivered and executed Customer
order, excluding responses to a PIXL auction; and (ii) have reached the
Monthly Market Maker Cap are assessed fees $0.05 per contract Fee for
Adding Liquidity in Penny Symbols, $0.18 per contract Fee for Removing
Liquidity in Penny Symbols, $0.18 per contract in Non-Penny Symbols,
and $0.18 per contract in a non-Complex electronic auction, including
the Quote Exhaust auction and, for purposes of this fee, the opening
process.\5\ Today, the Monthly Market Maker Cap offers Lead Market
Makers and Market Makers the ability to lower their costs provided they
execute a certain amount of orders on Phlx.
---------------------------------------------------------------------------
\4\ The trading activity of separate Lead Market Maker and
Market Maker member organizations is aggregated in calculating the
Monthly Market Maker Cap if there is Common Ownership between the
member organizations.
\5\ A Complex electronic auction includes, but is not limited
to, the Complex Order Live Auction (``COLA''). Transactions which
execute against an order for which the Exchange broadcast an order
exposure alert in an electronic auction will be subject to this fee.
---------------------------------------------------------------------------
At this time, the Exchange proposes to establish an increased SQF
Fee Cap to Lead Market Makers and Market Makers that do not provide a
minimum amount of liquidity on Phlx. This proposed increased SQF Fee
Cap is intended to incentivize Lead Market Makers and Market Makers to
add liquidity on Phlx for the benefit of other market participants in
order to lower their fees. Phlx proposes to increase the SQF Port Fees
cap to $50,000 a month if a Lead Market Maker or Market Maker does not
transact 0.20% of Total Customer Volume in electronic simple orders
that adds liquidity in a month.\6\ Today, Phlx assesses $1,250 per
port, per month up to a maximum of $42,000 per month for an SQF Port
that receives inbound quotes at any time within that month.\7\
[[Page 43930]]
With this proposal, the Exchange would not assess Lead Market Makers
and Market Makers an SQF Port Fee beyond the monthly cap of $50,000,
instead of $42,000, once the member organization has exceeded the
proposed port cap for the respective month. Lead Market Makers and
Market Makers who transacts 0.20% of Total Customer Volume in
electronic simple orders that adds liquidity in a month will continue
to be subject to the $42,000 SQF Fee Cap. The Exchange believes that
Lead Market Makers and Market Makers will add liquidity to Phlx in
order to decrease their costs of doing business on the Exchange by
obtaining the benefits of the lower SQF Fee Cap similar to the manner
in which Lead Market Maker and Market Makers today transact a certain
quantity of orders to achieve the Monthly Market Maker Cap.
---------------------------------------------------------------------------
\6\ For purposes of this cap, ``Total Customer Volume'' shall be
defined as a percentage of all cleared customer volume at The
Options Clearing Corporation in Multiply Listed Equity Options and
Exchange-Traded Products (``TCV'').
\7\ An active port shall mean that the port was utilized to
submit a quote to the System during a given month. See Options 7,
Section 9, B. The Exchange proposes to add the words ``active port''
in parenthesis at the end of the description of SQF Port Fee in
Options 7, Section 9, B to tie the definition of an active port to
the description for the port. The Exchange also proposes a technical
amendment to add a comma between ``per port'' and ``per month'' for
the SQF Port Fee in Options 7, Section 9, B. Today, member
organizations are not assessed an active SQF Port Fee for additional
ports acquired for ten business days for the purpose of
transitioning technology. The member organization is required to
provide the Exchange with written notification of the transition and
all additional ports, provided at no cost, will be removed at the
end of the ten business days. See Options 7, Section 9, B.
---------------------------------------------------------------------------
Pursuant to Options 3, Section 7(a)(i)(B), Market Makers may only
enter quotes into SQF in their assigned options series to add liquidity
on Phlx. Pursuant to Options 3, Section 7(a)(i)(B), the SQF interface
allows Market Makers to connect, send, and receive messages related to
quotes, Immediate-or-Cancel Orders, and auction responses to the
Exchange. While a Phlx Market Maker may elect to obtain multiple SQF
Ports to organize its business,\8\ only one SQF Port is necessary for a
Phlx Market Maker to fulfill its regulatory quoting obligations.\9\
---------------------------------------------------------------------------
\8\ For example, a Phlx Market Maker may desire to utilize
multiple SQF Ports for accounting purposes, to measure performance,
for regulatory reasons or other determinations that are specific to
that member organization.
\9\ Phlx Market Makers have various regulatory requirements as
provided for in Options 2, Section 4. Additionally, Phlx Market
Makers have certain quoting requirements with respect to their
assigned options series as provided in Options 2, Section 5. SQF
Ports are the only quoting protocol available on Phlx and only
Market Makers may utilize SQF Ports.
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that its proposal is consistent with section
6(b) of the Act,\10\ in general, and furthers the objectives of
sections 6(b)(4) and 6(b)(5) of the Act,\11\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees, and
other charges among members and issuers and other persons using any
facility, and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78f(b).
\11\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------
The proposed pricing change to increase the SQF Fee Cap for Lead
Market Makers and Market Makers to $50,000 a month if Lead Market
Makers or Market Makers do not transact 0.20% of Total Customer Volume
in electronic simple orders that adds liquidity in a month is
reasonable because it will incentivize Lead Market Makers and Market
Makers to add liquidity on Phlx to lower their costs. The Exchange
believes that the total volume required to achieve the cap is
reasonable as the Exchange has limited the volume to simple orders, as
not all Market Makers transact complex orders. Additionally, the
Exchange has limited the trading volume to electronic volume, as not
all Market Makers transact business in open outcry and Floor Market
Makers may enter orders verbally in the trading crowd. Further, 0.20%
of Total Customer Volume in electronic simple orders that adds
liquidity in a month is an achievable number for Market Makers who
currently add volume to the Exchange. Additionally, the Exchange
believes that an SQF Fee cap of $50,000, in lieu of $42,000, is
reasonable because Lead Market Makers and Market Makers are obligated,
among other things, to maintain a two-sided market in those options in
which the Market Maker is registered to trade, in a manner that
enhances the depth, liquidity and competitiveness of the market and
compete with other electronic Market Makers in all options in all
capacities in which the electronic Market Maker is registered to
trade.\12\ The Exchange believes that it is reasonable to increase the
SQF Port Fee Cap to $50,000 for Lead Market Makers and Market Makers
that do not transact 0.20% of Total Customer Volume in electronic
simple orders that adds liquidity in a month because the Exchange
believes that Lead Market Makers and Market Makers that do not
contribute a minimum amount of liquidity on Phlx should not be subject
to the same opportunities to lower their costs as those Lead Market
Makers and Market Makers that do contribute to liquidity and therefore
provide the ability for other market participants to engage with that
order flow. The Exchange believes that the increase is modest and would
serve to encourage Lead Market Makers and Market Makers to submit order
flow to Phlx in order to lower their cost and would result in
additional order competition, which also benefits market participants.
The Exchange believes this proposal promotes liquidity, quote
competition, and trading opportunities.
---------------------------------------------------------------------------
\12\ See Options 2, Section 5(a)(1) and (3).
---------------------------------------------------------------------------
SQF Ports are utilized by Lead Market Makers and Market Makers to
quote on Phlx. The SQF Port is the only protocol available for quoting.
A Phlx Market Maker may submit all quotes through one SQF Port and SQF
Ports are only utilized in the Market Maker's assigned options series.
While a Phlx Market Maker may elect to obtain multiple SQF Ports to
organize its business,\13\ only one SQF Port is necessary for a Phlx
Market Maker to fulfill its regulatory quoting obligations.\14\ For
those Market Makers that elect to organize themselves by obtaining a
greater number of SQF Ports, they will be subject to a cap.\15\ For
Market Makers that only take 1 SQF Port or only a few SQF Ports, their
costs would be far below the $42,000 or $50,000 threshold for the cap.
---------------------------------------------------------------------------
\13\ For example, a Phlx Market Maker may desire to utilize
multiple SQF Ports for accounting purposes, to measure performance,
for regulatory reasons or other determinations that are specific to
that member organization.
\14\ Phlx Market Makers have various regulatory requirements as
provided for in Options 2, Section 4. Additionally, Phlx Market
Makers have certain quoting requirements with respect to their
assigned options series as provided in Options 2, Section 5. SQF
Ports are the only quoting protocol available on Phlx and only
Market Makers may utilize SQF Ports.
\15\ The number of ports that member organizations choose to
purchase varies widely. Today, on Phlx, 2 Market Makers have 1 SQF
Port, 5 Market Makers have 2-5 SQF Ports, 4 Market Makers have
between 6-10 SQF Ports, and 11 Market Makers have more than 10 SQF
Ports. Additionally, today, on Nasdaq GEMX, LLC no Market Makers
have 1 SQF Port/SQF Purge Port, 1 Market Maker has 2-5 SQF Ports/SQF
Purge Ports, 4 Market Makers have between 6-10 SQF Ports/SQF Purge
Ports, and 8 Market Makers have more than 10 SQF Ports/SQF Purge
Ports. Finally, on Nasdaq MRX LLC (``MRX''), 2 Market Makers have 1
SQF Ports/SQF Purge Ports, no Market Makers have 2-5 SQF Ports/SQF
Purge Ports, 2 Market Makers have between 6-10 SQF Ports/SQF Purge
Ports, and 6 Market Makers have more than 10 SQF Ports/SQF Purge
Ports.
---------------------------------------------------------------------------
The proposed pricing change to increase the SQF Fee Cap for Lead
Market Makers and Market Makers to $50,000 a month if Lead Market
Makers or Market Makers do not transact 0.20% of Total Customer Volume
in electronic simple orders that adds liquidity in a month is equitable
and not unfairly discriminatory as all Lead Market Makers and Market
Makers would be able to cap their SQF Port costs at $42,000, provided
they transacted the requisite volume, otherwise Lead Market Makers and
Market Makers
[[Page 43931]]
would be uniformly subject to the $50,000 SQF Fee Cap. The Exchange
notes that unlike other market participants, Lead Market Makers are
obligated to quote in the Opening Process and intra-day.\16\
Additionally, Market Makers may enter quotes in the Opening Process to
open an option series and they are required to quote intra-day.\17\
Further, unlike other market participants, Lead Market Makers and
Market Makers have obligations to the market to maintain a two-sided
market in those options in which the Market Maker is registered to
trade, in a manner that enhances the depth, liquidity and
competitiveness of the market and compete with other electronic Market
Makers in all options in all capacities in which the electronic Market
Maker is registered to trade, among other obligations.\18\ Finally,
unlike other market participants, Lead Market Makers and Market Makers
incur other costs related to their quoting obligations in addition to
other fees paid by other market participants. Phlx assesses Streaming
Quote Trader \19\ Fees based on the number of option class assignments
to Lead Market Makers and Market Makers.\20\ Additionally, Phlx
assesses Remote Market Maker \21\ Organization Fees and Remote Lead
Market Maker Fees.\22\ These liquidity providers are critical market
participants in that they are the only market participants that provide
liquidity to Phlx and are necessary for opening the market. Allowing
Lead Market Makers and Market Makers to manage their costs by capping
SQF Ports in addition to transaction fees enables these essential
market participants to manage their business model more effectively and
better allocate resources to other technologies that are necessary to
manage risk and capacity to ensure that these market participants
continue to compete effectively on Phlx. The following chart represents
the classification of Phlx members and the percentage of Market Makers.
---------------------------------------------------------------------------
\16\ See Options 3, Section 8 and Options 2, Section 5.
\17\ Id.
\18\ See Options 2, Section 5(a)(1) and (3).
\19\ A ``Streaming Quote Trader'' or ``SQT'' means a Market
Maker who has received permission from the Exchange to generate and
submit option quotations electronically in options to which such SQT
is assigned. An SQT may only submit such quotations while such SQT
is physically present on the trading floor of the Exchange. An SQT
may only submit quotes in classes of options in which the SQT is
assigned. See Options 1, Section 1(b)(54).
\20\ See Options 7, Section 8, B.
\21\ A ``Remote Streaming Quote Trader'' or ``RSQT'' means a
Market Maker that is a member affiliated with an Remote Streaming
Quote Trader Organization with no physical trading floor presence
who has received permission from the Exchange to generate and submit
option quotations electronically in options to which such RSQT has
been assigned. A qualified RSQT may function as a Remote Lead Market
Maker upon Exchange approval. An RSQT is also known as a Remote
Market Maker (``RMM'') pursuant to Options 2, Section 11. A Remote
Streaming Quote Organization (``RSQTO'') or Remote Market Maker
Organization (``RMO'') are Exchange member organizations that have
qualified pursuant to Options 2, Section 1. See Options 1, Section
1(b)(49).
\22\ See Options 7, Section 8, C and D.
[GRAPHIC] [TIFF OMITTED] TN20MY24.306
Phlx believes Lead Market Makers and Market Makers should be
eligible for certain incentives because they fulfill a unique role on
the Exchange and are the only market participants required to submit
quotes to the Exchange. The proposed SQF Port Cap is designed to ensure
that Lead Market Makers and Market Makers add a certain amount of
liquidity on Phlx in order to be able to cap their SQF Fees at the
lower cap of $42,000 as compared to the increased cap of $50,000. The
Exchange would apply the criteria uniformly when applying the SQF Fee
Cap to Lead Market Makers and Market Makers.
Finally, Phlx believes the proposed SQF cap is constrained by
competitive forces and reasonably designed in consideration of the
competitive environment in which the Exchange operates. This fee
structure incents Lead Market Makers and Market Makers to support
increased liquidity, quote competition, and trading opportunities on
the Exchange, for the benefit of all market participants.
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.
[[Page 43932]]
Intermarket Competition
The proposal does not impose an undue burden on intermarket
competition. The Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive. The chart below shows the February 2024 market share for
multiply listed options by exchange. Of the 17 operating options
exchanges, none currently has more than a 17.6% market share. Customers
widely distribute their transactions across exchanges according to
their business needs and the ability of each exchange to meet those
needs through technology, liquidity and functionality.
[GRAPHIC] [TIFF OMITTED] TN20MY24.307
Market share is the percentage of volume on a particular exchange
relative to the total volume across all exchanges, and indicates the
amount of order flow directed to that exchange. High levels of market
share enhance the value of trading and ports. In such an environment,
the Exchange must continually adjust its fees to remain competitive
with other exchanges. Because competitors are free to modify their own
fees in response, and because market participants may readily adjust
their order routing practices, the Exchange believes that the degree to
which fee changes in this market may impose any burden on competition
is extremely limited.
Intramarket Competition
The proposed pricing change to increase the SQF Fee Cap for Lead
Market Makers and Market Makers to $50,000 a month if Lead Market
Makers or Market Makers do not transact 0.20% of Total Customer Volume
in electronic simple orders that adds liquidity in a month does not
impose an undue burden on competition as all Lead Market Makers and
Market Makers would be able to cap their SQF Port costs at $42,000,
provided they transacted the requisite volume, otherwise Lead Market
Makers and Market Makers would be uniformly subject to the $50,000 SQF
Fee Cap. The Exchange notes that unlike other market participants, Lead
Market Makers are obligated to quote in the Opening Process and intra-
day.\23\ Additionally, Market Makers may enter quotes in the Opening
Process to open an option series and they are required to quote intra-
day.\24\ Further, unlike other market participants, Lead Market Makers
and Market Makers have obligations to the market to maintain a two-
sided market in those options in which the Market Maker is registered
to trade, in a manner that enhances the depth, liquidity and
competitiveness of the market and compete with other electronic Market
Makers in all options in all capacities in which the electronic Market
Maker is registered to trade, among other obligations.\25\ Finally,
unlike other market participants, Lead Market Makers and Market Makers
incur other costs related to their quoting obligations in addition to
other fees paid by other market participants. Phlx assesses Streaming
Quote Trader \26\ Fees based on the number of option class assignments
to Lead Market Makers and Market Makers.\27\ Additionally, Phlx
assesses Remote Market Maker \28\ Organization Fees and Remote Lead
Market Maker Fees.\29\ These liquidity providers are critical market
participants in that they are the only
[[Page 43933]]
market participants that provide liquidity to Phlx and are necessary
for opening the market. Allowing Lead Market Makers and Market Makers
to manage their costs by capping SQF Ports in addition to transaction
fees enables these essential market participants to manage their
business model more effectively and better allocate resources to other
technologies that are necessary to manage risk and capacity to ensure
that these market participants continue to compete effectively on Phlx.
The Exchange believes that Lead Market Makers and Market Makers should
be eligible for certain incentives because they fulfill a unique role
on the Exchange and are the only market participants required to submit
quotes to the Exchange. The proposed SQF Port Cap is designed to ensure
that Lead Market Makers and Market Makers add a certain amount of
liquidity on Phlx in order to be able to cap their SQF Fees at the
lower cap of $42,000 as compared to the increased cap of $50,000. The
Exchange would apply the SQF Fee Cap criteria uniformly to Lead Market
Makers and Market Makers.
---------------------------------------------------------------------------
\23\ See Options 3, Section 8 and Options 2, Section 5.
\24\ Id.
\25\ See Options 2, Section 5(a)(1) and (3).
\26\ A ``Streaming Quote Trader'' or ``SQT'' means a Market
Maker who has received permission from the Exchange to generate and
submit option quotations electronically in options to which such SQT
is assigned. An SQT may only submit such quotations while such SQT
is physically present on the trading floor of the Exchange. An SQT
may only submit quotes in classes of options in which the SQT is
assigned. See Options 1, Section 1(b)(54).
\27\ See Options 7, Section 8, B.
\28\ A ``Remote Streaming Quote Trader'' or ``RSQT'' means a
Market Maker that is a member affiliated with an Remote Streaming
Quote Trader Organization with no physical trading floor presence
who has received permission from the Exchange to generate and submit
option quotations electronically in options to which such RSQT has
been assigned. A qualified RSQT may function as a Remote Lead Market
Maker upon Exchange approval. An RSQT is also known as a Remote
Market Maker (``RMM'') pursuant to Options 2, Section 11. A Remote
Streaming Quote Organization (``RSQTO'') or Remote Market Maker
Organization (``RMO'') are Exchange member organizations that have
qualified pursuant to Options 2, Section 1. See Options 1, Section
1(b)(49).
\29\ See Options 7, Section 8, C and D.
---------------------------------------------------------------------------
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.\30\
---------------------------------------------------------------------------
\30\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------
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 [email protected]. Please include
file number SR-Phlx-2024-21 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-2024-21. 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 website (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 website 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 the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-Phlx-2024-21 and should be
submitted on or before June 10, 2024.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\31\
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\31\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024-10948 Filed 5-17-24; 8:45 am]
BILLING CODE 8011-01-P
