Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Notices 67495 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4 

3See Securities Exchange Act Release No. 71990 

(April 22, 2014), 79 FR 23389 (‘‘Notice’’). 

4See Securities Exchange Act Release No. 72328, 

79 FR 33605 (June 11, 2014). 

5See Securities Exchange Act Release No. 72654, 

79 FR 43808 (July 28, 2014). 

6See Securities Exchange Act Release No. 73416, 

79 FR 64444 (October 29, 2014). 

7 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3PSX is a facility of Phlx. 

4See Securities Exchange Act Release No. 65469 

(October 3, 2011), 76 FR 62486 (October 7, 2011) 

(SR–Phlx–2011–108) (notice of filing and 

immediate effectiveness). The goal of the filing was 

to offer routing strategies on the Exchange that were 

materially identical to several strategies offered by 

its affiliate, NASDAQ. 

5 15 U.S.C. 78f. 

6 15 U.S.C. 78f(b)(5). 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–73550; File No. SR– 

NASDAQ–2014–034] 

Self-Regulatory Organizations; The 

NASDAQ Stock Market LLC; Notice of 

Withdrawal of a Proposed Rule Change 

Relating to Proposed Changes To 

Remove From the Exchange Rules Fee 

Provisions Regarding ReTransmission of ‘‘Third-Party Data’’ 

November 6, 2014. 

On April 7, 2014, The NASDAQ Stock 

Market LLC (‘‘Nasdaq’’ or the 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’) pursuant to Section 

19(b)(1) of the Securities Exchange Act 

of 1934 (‘‘Act’’) 1 and Rule 19b–4 

thereunder,2 to remove, from the 

Exchange rules, fee provisions with 

respect to third-party data feeds that 

Nasdaq receives from multiple sources 

and then re-transmits to clients in 

connection with the Exchange’s colocation services. The proposed rule 

change was published for comment in 

the Federal Register on April 28, 2014.3

On June 5, 2014, the Commission 

extended the time to act on the proposal 

until July 25, 2014.4 On July 22, 2014, 

the Commission instituted proceedings 

to determine whether to disapprove the 

proposed rule change in an order 

published in the Federal Register.5 The 

Commission received no comment 

letters on the proposed rule change. On 

October 23, 2014, the Commission 

extended the time to act on the proposal 

until December 24, 2014.6 On October 

24, 2014, the Exchange withdrew the 

proposal (SR–NASDAQ–2014–034). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.7

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2014–26813 Filed 11–12–14; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–73546; File No. SR–Phlx– 

2014–67] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change To Correct Two 

Typographical Errors in Rule 3315 

November 6, 2014. 

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 November 

4, 2014, 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 and 

II 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 is filing with the 

Commission a proposal to amend 

NASDAQ OMX PSX (‘‘PSX’’) 3 Rule 

3315 to correct two typographical errors 

in which references were made to a 

NASDAQ Stock Market LLC 

(‘‘NASDAQ’’) rule rather than to the 

PSX rule itself. 

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 this filing is to correct 

two typographical errors in PSX Rule 

3315(d) in which references were made 

to a NASDAQ rule rather than the PSX 

rule itself, and thereby clarify and 

conform Exchange rules pertaining to 

error accounts in respect of order 

routing. 

Order routing is currently discussed 

in PSX Rule 3315. Subsection (d)(2) 

deals with the maintenance and use of 

an error account when routing. PSX 

Rule 3315 was adopted 4 to fully spell 

out how routing will work on the 

Exchange and to generally track the 

language of NASDAQ Rule 4758. When 

PSX Rule 3315 was adopted, two 

references to NASDAQ Rule 4758 were 

inadvertently left in. In PSX Rule 

3315(d)(2)(A) and 3315(d)(2)(B), the 

intent was and is to make reference to 

PSX Rule 3315 rather than NASDAQ 

Rule 4758. 

The Exchange is now proposing to 

correct these two typographical errors. 

The Exchange is thus substituting the 

current references to NASDAQ Rule 

4758 in subsections (d)(2)(A) and 

(d)(2)(B) of PSX Rule 3315 with the 

correct references to PSX Rule 3315. 

There are no other changes. 

The proposed non-substantive change 

substituting an improper rule reference 

is done to clarify the order routing rules 

and eliminate potential confusion, to 

the benefit of market participants. 

2. Statutory Basis 

Phlx believes that the proposed rule 

change is consistent with the provisions 

of Section 6 of the Act,5 in general, and 

with Sections 6(b)(5) of the Act 6 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. This is 

achieved by correcting two nonsubstantive typographical errors in PSX 

Rule 3315, thereby clarifying the order 

routing rules and eliminating the 

potential for confusion, to the benefit of 


tkelley on DSK3SPTVN1PROD with NOTICES
67496 Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Notices 

7 15 U.S.C. 78s(b)(3)(A). 

8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6) requires a self-regulatory organization to give 

the Commission written notice of its intent to file 

the proposed rule change at least five business days 

prior to the date of filing of the proposed rule 

change, or such shorter time as designated by the 

Commission. The Exchange has satisfied this 

requirement. 

9 17 CFR 240.19b–4(f)(6). 

10 17 CFR 240.19b–4(f)(6)(iii). 

11For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. See 15 U.S.C. 78c(f). 

12 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

market participants. The Exchange 

believes that ensuring the proper rule 

references in PSX Rule 3315 will 

promote market participants’ 

understanding of the rule and its 

administration. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

Phlx does not believe that the 

proposed rule change will result in any 

burden on competition that is not 

necessary or appropriate in furtherance 

of purposes of the Act. The Exchange 

believes that while rule clarity is 

generally pro-competitive, the act of 

clarifying and conforming the two nonsubstantive typographical errors should 

have little, if any, impact on 

competition. 

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 

Because the proposed rule change 

does not: (i) significantly affect the 

protection of investors or the public 

interest; (ii) impose any significant 

burden on competition; and (iii) become 

operative for 30 days from the date on 

which it was filed, or such shorter time 

as the Commission may designate, it has 

become effective pursuant to Section 

19(b)(3)(A)of the Act 7 and of Rule 19b– 

4(f)(6) thereunder.8

A proposed rule change filed under 

Rule 19b–4(f)(6) 9 normally does not 

become operative prior to 30 days after 

the date of filing. However, pursuant to 

Rule 19b–4(f)(6)(iii),10 the commission 

may designate a shorter time if such 

action is consistent with the protection 

of investors and the public interest. The 

Exchange has asked the Commission to 

waive the 30-day operative delay. The 

Commission believes that waiving the 

30-day operative delay could eliminate 

confusion that may exist if an operative 

delay was applied to the typographical 

errors, and believes that waiving the 30- 

day operative delay is consistent with 

the protection of investors and the 

public interest.11 Therefore, the 

Commission hereby waives the 30-day 

operative delay and designates the 

proposal operative upon filing. 

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 (http://www.sec.gov/

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include File Number SR– 

PHLX–2014–67 on the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Brent J. Fields, Secretary, Securities 

and Exchange Commission, 100 F Street 

NE., Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–PHLX–2014–67. 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 the 

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 Number SR–PHLX– 

2014–67 and should be submitted on or 

before December 4, 2014. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2014–26810 Filed 11–12–14; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–73542; File No. SR– 

NYSEMKT–2014–87] 

Self-Regulatory Organizations; NYSE 

MKT LLC; Notice of Filing of Proposed 

Rule Change Amending the NYSE 

Amex Options Fee Schedule To Add a 

Service Fee for Certain Post Trade 

Adjustments Performed by the 

Exchange To Be Effective December 1, 

2014 

November 6, 2014. 

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 

28, 2014, NYSE MKT LLC (the 

‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with 

the Securities and Exchange 

Commission (the ‘‘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. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend the 

NYSE Amex Options Fee Schedule 

(‘‘Fee Schedule’’) to add a service fee for 

certain post-trade adjustments 

performed by the Exchange. The 

Exchange proposes to implement the fee 


tkelley on DSK3SPTVN1PROD with NOTICES