[Federal Register Volume 77, Number 222 (Friday, November 16, 2012)]
[Notices]
[Pages 68879-68881]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27925]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68188; File No. SR-BX-2012-071]


Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change Relating to 
Routing Fees

November 8, 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 31, 2012, NASDAQ OMX 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.
---------------------------------------------------------------------------

    \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 Chapter XV, Section 2 entitled ``BX 
Options Market--Fees and Rebates.'' Specifically, the Exchange proposes 
to amend a Customer fee for routing options to the International 
Securities Exchange, LLC (``ISE''). While changes pursuant to this 
proposal are effective upon filing, the Exchange has designated the 
proposed amendment to be operative on November 1, 2012.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://www.nasdaqtrader.com/micro.aspx?id=BXRulefilings, 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.

[[Page 68880]]

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

1. Purpose
    The purpose of this filing is to recoup costs that the Exchange 
incurs for routing and executing certain orders in equity options to 
ISE. The Exchange's Pricing Schedule at Chapter XV, Section 2(4) 
currently includes the following fees for routing Customer, Firm, 
Market Maker, Broker-Dealer and Professional orders to away markets:

------------------------------------------------------------------------
                                               Firm/market
                                                  maker/
            Exchange                Customer     broker-    Professional
                                                  dealer
------------------------------------------------------------------------
BATS (Penny Pilot)..............        $0.55        $0.55         $0.55
BOX.............................         0.11         0.55          0.11
CBOE............................         0.11         0.55          0.31
CBOE orders greater than 99              0.29          N/A          0.31
 contracts in ETFs, ETNs and
 HOLDRS)........................
C2..............................         0.55         0.55          0.55
ISE (Standard)..................         0.11         0.55          0.29
ISE (Select Symbols) *..........         0.31         0.55          0.39
NOM.............................         0.55         0.55          0.55
NYSE Arca (Penny Pilot).........         0.55         0.55          0.55
NYSE Amex.......................         0.11         0.55          0.31
PHLX (for all options other than         0.11         0.55          0.36
 PHLX Select Symbols)...........
PHLX Select Symbols **..........         0.50         0.55          0.55
------------------------------------------------------------------------
* These fees are applicable to orders routed to ISE that are subject to
  Rebates and Fees for Adding and Removing Liquidity in Select Symbols.
  See ISE's Schedule of Fees for the complete list of symbols that are
  subject to these fees.
** These fees are applicable to orders routed to PHLX that are subject
  to Rebates and Fees for Adding and Removing Liquidity in Select
  Symbols. See PHLX's Pricing Schedule for the complete list of symbols
  that are subject to these fees.

    The Exchange is proposing to amend the ISE (Select Symbols) 
Customer Routing Fee from $0.31 to $0.35 per contract when routing 
Select Symbols to ISE. ISE amended its fee for removing liquidity for 
Priority Customer orders from $0.20 to $0.25 per contract.\3\ The 
Exchange is seeking to amend the Customer Routing Fee for ISE Select 
Symbols to recoup the fee increase when routing to ISE.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 67628 (August 9. 
2012), 77 FR 49049 (August 15, 2012) (SR-ISE-2012-71).
---------------------------------------------------------------------------

    Nasdaq Options Services LLC (``NOS''), a member of the Exchange, is 
the Exchange's exclusive order router.\4\ NOS is the Routing Facility 
for BX Options. Each time NOS routes to away markets NOS is charged a 
clearing fee \5\ and, in the case of certain exchanges, a transaction 
fee is also charged in certain symbols, which fees are passed through 
to the Exchange. The Exchange currently recoups clearing and 
transaction charges incurred by the Exchange as well as certain other 
costs incurred by the Exchange when routing to away markets, such as 
administrative and technical costs associated with operating NOS, 
membership fees at away markets, and technical costs associated with 
routing.\6\ The Exchange is proposing to assess a fixed fee of $0.10 
per contract in addition to the actual transaction fee of $0.25 per 
contract which is assessed by ISE when routing a Customer order in a 
Select Symbol for a total of $0.35 per contract.
---------------------------------------------------------------------------

    \4\ See BX Options Rules at Chapter VI, Section 11(e) (Order 
Routing).
    \5\ The Options Clearing Corporation (``OCC'') recently amended 
its clearing fee to $0.01 per contract side. See Securities Exchange 
Act Release No. 68025 (October 10, 2012), 77 FR 63398 (October 16, 
2012) (SR-OCC-2012-18).
    \6\ The Exchange incurs costly connectivity charges related to 
telecommunication lines and other related costs when routing orders. 
Also, in addition to membership fees and transaction fees, the 
Exchange also incurs an Options Regulatory Fee when routing to an 
away market that assesses that fee.
---------------------------------------------------------------------------

    As with all fees, the Exchange may adjust these Routing Fees in 
response to competitive conditions by filing a new proposed rule 
change.
2. Statutory Basis
    BX believes that its proposal to amend its rules is consistent with 
Section 6(b) of the Act \7\ in general, and furthers the objectives of 
Section 6(b)(4) of the Act \8\ in particular, in that it is an 
equitable allocation of reasonable fees and other charges among 
Exchange members.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposed Customer ISE Select Symbols 
Routing Fee is reasonable because the Exchange seeks to recoup costs 
incurred by the Exchange when routing Customer orders to ISE in Select 
Symbols on behalf of BX Options Participants. Each destination market's 
transaction charge varies and there is a standard clearing charge for 
each transaction incurred by the Exchange along with other 
administrative and technical costs that are incurred by the Exchange. 
The Exchange believes that the proposed Customer Routing Fee would 
enable the Exchange to recover the remove fee assessed to BX Options 
Participants by ISE in Select Symbols, plus clearing and other 
administrative and technical fees for the execution of certain Customer 
orders routed to ISE. The Exchange also believes that the proposed 
Customer Routing Fee is equitable and not unfairly discriminatory 
because the Exchange would assess the ISE Select Symbol Customer 
Routing Fee uniformly to all Customer orders that are routed to ISE.

B. Self-Regulatory Organization's Statement on Burden on Competition

    BX 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. In addition, a BX Options Participant may 
designate an order as not available for routing to avoid routing 
fees.\9\
---------------------------------------------------------------------------

    \9\ See BX Rules at Chapter VI, Section 11(e).
---------------------------------------------------------------------------

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.

[[Page 68881]]

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.\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 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.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-BX-2012-071 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-BX-2012-071. 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 20549-1090, 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 Exchange's principal office 
and on its Internet Web site. 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-BX-2012-071, and should be submitted on or before 
December 7, 2012.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-27925 Filed 11-15-12; 8:45 am]
BILLING CODE 8011-01-P