[Federal Register Volume 77, Number 183 (Thursday, September 20, 2012)]
[Notices]
[Pages 58435-58436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23181]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67866; File No. SR-Phlx-2012-113]


Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change Relating to 
the Electronic Firm Fee Discount

September 14, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on September 4, 2012, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'') 
filed with the Securities and Exchange Commission (``SEC'' or 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the Exchange. The 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend the Electronic Firm Fee Discount in 
Section II of the Exchange's Pricing Schedule titled ``Multiply Listed 
Options Fees.'' \3\
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    \3\ Section II includes options overlying equities, ETFs, ETNs, 
indexes and HOLDRS which are Multiply Listed.
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    The text of the proposed rule change is available on the Exchange's 
Web site at http://www.nasdaqtrader.com/micro.aspx?id=PHLXfilings, at 
the principal office of the Exchange, on the Commission's Web site at 
http://www.sec.gov, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
Sections A, B, and C below, of the most significant aspects of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to amend Section II of 
the Exchange's Pricing Schedule titled ``Multiply Listed Options 
Fees.'' Specifically, the Exchange is proposing to continue to 
incentivize Firms to transact electronic orders by providing Firms with 
an opportunity to pay lower electronic Options Transaction Charges in 
Penny Pilot and non-Penny Pilot Options fees in Section II of the 
Pricing Schedule. The Exchange proposes to provide an additional 
incentive to Firms who have volume greater than 600,000 electronically-
delivered contracts in a month.
    Today, Firm electronic Options Transaction Charges in Penny Pilot 
($0.40 per contract) and non-Penny Pilot Options ($0.45 per contract) 
are reduced to $0.13 per contract for a given month provided that a 
Firm has volume greater than 600,000 electronically-delivered contracts 
in a month (``Electronic Firm Fee Discount''). Under this proposal, the 
Exchange would continue to assess Firms the reduced electronic Options 
Transaction Charges in Penny Pilot and non-Penny Pilot Options of $0.13 
per contract, provided the Firm meets the volume criteria. In addition, 
the Exchange now proposes to reduce the Firm electronic Options 
Transaction Charges in Penny Pilot ($0.40 per contract) and non-Penny 
Pilot Options ($0.45 per contract) for Complex Orders \4\ that add 
liquidity to no fee or

[[Page 58436]]

$0.00 per contract for a given month provided the Firm has volume 
greater than 600,000 electronically-delivered contracts in that 
month.\5\ The Exchange believes the additional incentive will encourage 
Firms to transact a greater number of orders per month and increase 
liquidity on the Exchange.
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    \4\ A Complex Order is any order involving the simultaneous 
purchase and/or sale of two or more different options series in the 
same underlying security, priced at a net debit or credit based on 
the relative prices of the individual components, for the same 
account, for the purpose of executing a particular investment 
strategy. Furthermore, a Complex Order can also be a stock-option 
order, which is an order to buy or sell a stated number of units of 
an underlying stock or exchange-traded fund (``ETF'') coupled with 
the purchase or sale of options contract(s). See Exchange Rule 1080, 
Commentary .08(a)(i).
    \5\ This fee applies only to Complex Orders for symbols in 
Section II and excludes the Section I Select Symbols. The Electronic 
Firm Fee Discounts noted herein for Firms that have volume greater 
than 600,000 electronically-delivered contracts in a month are in 
lieu of the standard Options Transactions Charges noted in Section 
II of the Pricing Schedule.
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2. Statutory Basis
    The Exchange believes that its proposal to amend its Pricing 
Schedule is consistent with Section 6(b) of the Act \6\ in general, and 
furthers the objectives of Section 6(b)(4) of the Act \7\ in 
particular, in that it is an equitable allocation of reasonable fees 
and other charges among Exchange members and other persons using its 
facilities.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that its proposal to amend the Electronic 
Firm Fee Discount to assess no fee for electronic Complex Orders that 
add liquidity when a Firm has volume greater than 600,000 
electronically-delivered contracts in a month is reasonable. The added 
benefit for transacting Complex Orders that add liquidity, upon 
reaching the requisite volume threshold, should incentivize Firms to 
transact a greater number of electronically-delivered orders which 
brings liquidity to the Exchange to the benefit of all market 
participants.
    The Exchange believes that it is equitable and not unfairly 
discriminatory to amend the Electronic Firm Fee Discount to assess no 
fee for Complex Orders that add liquidity when a Firm has volume 
greater than 600,000 electronically-delivered contracts in a month. All 
Firms will continue to have an opportunity to qualify for this 
incentive as they do today, provided they achieve the requisite volume. 
In addition to the current Electronic Firm Fee Discount offered today, 
Firms will have the opportunity to not be assessed a fee for electronic 
Complex Orders that add liquidity provided Firms have volume greater 
than 600,000 electronically-delivered contracts in a month. The 
Exchange believes this additional Electronic Firm Fee Discount will 
continue to attract electronic Firm volume to the Exchange.
    The Exchange operates in a highly competitive market, comprised of 
ten exchanges, in which market participants can easily and readily 
direct order flow to competing venues if they deem fee levels at a 
particular venue to be excessive or rebates to be inadequate. 
Accordingly, the fees that are assessed by the Exchange must remain 
competitive with fees charged by other venues and therefore must 
continue to be reasonable and equitably allocated to those members that 
opt to direct orders to the Exchange rather than competing venues.

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. To the contrary, the proposed 
fee reduction is a competitive response to pricing changes at national 
securities exchanges with which the Exchange compete for the execution 
of Complex Orders.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Act.\8\ At any time within 60 days of the filing 
of the proposed rule change, the Commission summarily may temporarily 
suspend such rule change if it appears to the Commission that such 
action is necessary or appropriate in the public interest, for the 
protection of investors, or otherwise in furtherance of the purposes of 
the Act. If the Commission takes such action, the Commission shall 
institute proceedings to determine whether the proposed rule should be 
approved or disapproved.
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    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File No. SR-Phlx-2012-113 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File No. SR-Phlx-2012-113. 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 (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File No. SR-Phlx-2012-113 and should be 
submitted on or before October 11, 2012.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-23181 Filed 9-19-12; 8:45 am]
BILLING CODE 8011-01-P