[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Notices]
[Pages 62774-62775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24640]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-70630; File No. SR-Phlx-2013-96]
Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend the
Table of Contents of the Pricing Schedule
October 8, 2013.
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 27, 2013, 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 the
Substance of the Proposed Rule Change
The Exchange proposes to amend the Table of Contents to its Pricing
Schedule to refer to FLEX \3\ transaction fees which were inadvertently
not added to the Table of Contents at the time the fees were adopted.
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\3\ The term ``FLEX option'' means a FLEX option contract that
is traded subject to this Rule. Although FLEX options are generally
subject to the rules in this section, to the extent that the
provisions of this Rule are inconsistent with other applicable
Exchange rules, this Rule takes precedence with respect to FLEX
options. See Exchange Rule 1079.
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The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxphlx.cchwallstreet.com/, at the principal
office of the Exchange, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The purpose of the proposed rule change is to amend the Table of
Contents to include a reference to FLEX transaction fees within the
Pricing Schedule. The Exchange adopted new FLEX transaction fee pricing
in Section IV, entitled ``Other Transaction Fees,'' Part B of the
Pricing Schedule in a previous rule change and inadvertently did not
amend the Table of Contents to reflect the addition of that pricing to
Section IV.\4\ The Exchange proposes to amend the Table of Contents to
add the words ``FLEX Transaction Fees'' and also reletter Section IV,
Part B, entitled ``Cancellation Fees,'' and Part C, entitled ``Options
Regulatory Fee,'' as Parts C and D, respectively.
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\4\ See Securities Exchange Release Act No. 69548 (May 9, 2013),
78 FR 28681 (May 15, 2013) (SR-Phlx-2013-49).
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The Table of Contents allows members to readily locate pricing
within the Pricing Schedule. The Pricing Schedule is located on the
Exchange's Web page.\5\ The Table of Contents contains hyperlinks which
allow users to readily access the various portions of the Pricing
Schedule with ease. By adding the words ``FLEX Transaction Fees'' to
the Table of Contents, users will be able to click on this topic in the
Table of Contents and be taken to that portion of the Pricing Schedule.
The Exchange is not proposing any substantive amendments, but rather
proposes to merely amend the contents of the Table of Contents.
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\5\ See http://nasdaqomxphlx.cchwallstreet.com.
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2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act \6\ in general, and furthers the objectives of Section
6(b)(5) of the Act \7\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest,
by providing market participants an easy format to readily locate FLEX
transaction fees, which may be applicable to them. The Exchange
believes that correcting the Table of Contents provides greater clarity
to the
[[Page 62775]]
Pricing Schedule as well as any easy means to access the FLEX
transaction fees.
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\6\ 15 U.S.C. 78f(b).
\7\ 15 U.S.C. 78f(b)(5).
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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 as the amendment is non-
substantive and merely serves to add a reference to the Table of
Contents which was inadvertently not amended in a prior rule change.
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
Pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(3)
\9\ thereunder, the Exchange has designated this proposal as one that
is concerned solely with the administration of the self-regulatory
organization, and therefore has become effective.
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\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 17 CFR 240.19b-4(f)(3).
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is 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.
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 Number SR-Phlx-2013-96 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-Phlx-2013-96. 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 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-Phlx-2013-96, and should be
submitted on or before November 12, 2013.
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\10\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-24640 Filed 10-21-13; 8:45 am]
BILLING CODE 8011-01-P