[Federal Register Volume 77, Number 202 (Thursday, October 18, 2012)]
[Notices]
[Pages 64179-64180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25601]
[[Page 64179]]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-68045; File No. SR-NASDAQ-2012-115]
Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend NASDAQ's Schedule of Execution Fees for Order Routing Under Rule
7018
October 12, 2012.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 1, 2012, The NASDAQ Stock Market LLC (``NASDAQ'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') a 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 the
Substance of the Proposed Rule Change
NASDAQ proposes to amend NASDAQ's fee schedule governing order
routing under Rule 7018. NASDAQ will implement the proposed change on
October 1, 2012. The text of the proposed rule change is available at
http://nasdaq.cchwallstreet.com, at NASDAQ's principal office, 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 self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those 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 parts of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
NASDAQ is amending its fee schedule governing order routing to
modify fees for routing orders to the New York Stock Exchange
(``NYSE'') and NASDAQ OMX PSX (``PSX'') to reflect announced price
changes by those venues.\3\ All of the changes pertain to securities
priced at $1 or more per share.
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\3\ See SR-NYSE-2012-50 (September 26, 2012); SR-Phlx-2012-119
(October 1, 2012).
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With respect to orders that route to PSX using the TFTY, SOLV, or
SAVE routing strategies, the fee will be fixed at $0.0028 per share
executed. The change reflects the fact that PSX has replaced provisions
under which the fee charged to access liquidity vary [sic] considerably
based on the listing venue of the security being traded, with a simpler
fee schedule under which NASDAQ would be charged either $0.0028 or
$0.0030 per share executed with respect to the orders it routes to PSX.
Accordingly, NASDAQ is opting to replace the current pass-through fee
for orders routed to PSX using the TFTY, SOLV, or SAVE routing
strategies with a flat rate of $0.0028 that will either recoup the
applicable routing charge or provide routing at a slight discount.
Second, with respect to orders routed to NYSE, NASDAQ is making the
following changes:
The fee for DOTI, STGY, SCAN, SKNY or SKIP orders that
execute at NYSE will increase from $0.0023 per share executed to
$0.0025 per share executed.
The fee for directed intermarket sweep orders that execute
at NYSE will increase from $0.0025 per share executed to $0.0027 per
share executed.
The fee for other directed orders that execute at NYSE
will increase from $0.0024 per share executed to $0.0026 per share
executed for members with an average daily volume through the Nasdaq
Market Center in all securities during the month of more than 35
million shares of liquidity provided through one or more MPIDs; and
will increase from $0.0025 per share executed to $0.0027 per share
executed for other members.
The fee for MOPP orders that execute at NYSE will increase
from $0.0025 per share executed to $0.0027 per share executed.
The fee for TFTY orders that execute at NYSE will increase
from $0.0023 per share executed to $0.0024 per share executed.
The fee for SAVE and SOLV orders that execute at NYSE will
increase from $0.0023 per share executed to $0.0025 per share executed.
2. Statutory Basis
NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\4\ in general, and with
Sections 6(b)(4) and 6(b)(5) of the Act,\5\ 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 or system which NASDAQ operates or controls, and is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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\4\ 15 U.S.C. 78f.
\5\ 15 U.S.C. 78f(b)(4) and (5).
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The changes to routing fees are reasonable because the proposed
fees for routing orders to NYSE and PSX reflect changes in the fees
that will be charged by NYSE or PSX to NASDAQ with respect to such
orders. The changes are consistent with an equitable allocation of fees
because they will bring the economic attributes of routing orders to
NYSE and PSX in line with the cost of executing orders there. Finally,
the changes are not unfairly discriminatory because they solely apply
to members that opt to route orders to NYSE or PSX.
Finally, NASDAQ 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. In such
an environment, NASDAQ must continually adjust its fees to remain
competitive with other exchanges and with alternative trading systems
that have been exempted from compliance with the statutory standards
applicable to exchanges. NASDAQ believes that the proposed rule change
reflects this competitive environment because it is designed to ensure
that the charges for use of the NASDAQ routing facility to route to
NYSE or PSX reflect changes in the cost of such routing.
B. Self-Regulatory Organization's Statement on Burden on Competition
NASDAQ does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. Because the market
for order routing is extremely competitive, members may readily opt to
disfavor NASDAQ's routing services if they believe that alternatives
offer them better value. For
[[Page 64180]]
this reason and the reasons discussed in connection with the statutory
basis for the proposed rule change, NASDAQ does not believe that the
proposed changes will impair the ability of members or competing order
execution venues to maintain their competitive standing in the
financial markets.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
Written comments were neither solicited nor 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.\6\ 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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\6\ 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 rule-comments@sec. gov. Please include
File Number SR-NASDAQ-2012-115 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 Number SR-NASDAQ-2012-115. 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 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 offices 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-NASDAQ-2012-115, and should be submitted on or before
November 8, 2012.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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\7\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-25601 Filed 10-17-12; 8:45 am]
BILLING CODE 8011-01-P