Notice2026-11816

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Options 7, Section 4

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Published
June 12, 2026

Issuing agencies

Securities and Exchange Commission

Full Text

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<title>Federal Register, Volume 91 Issue 113 (Friday, June 12, 2026)</title>
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[Federal Register Volume 91, Number 113 (Friday, June 12, 2026)]
[Notices]
[Pages 35718-35722]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11816]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-105641; File No. SR-Phlx-2026-33]


Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend Options 7, 
Section 4

June 9, 2026.
    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 May 26, 2026, Nasdaq 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 Options 7, Sections 4, Multiply 
Listed Options Fees (Includes options overlying equities, ETFs, ETNs 
and indexes which are Multiply Listed) (Excludes SPY and broad-based 
index options symbols listed within Options 7, Section 5.A).\3\
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    \3\ On May 1, 2026, the Exchange filed SR-Phlx-2026-28. On May 
12, 2026, the Exchange withdrew SR-Phlx-2026-28 and filed this 
proposal. On May 26, 2026, the Exchange withdrew SR-Phlx-2026-31 and 
filed this proposal.
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    The text of the proposed rule change is available on the Exchange's 
website at <a href="https://listingcenter.nasdaq.com/rulebook/phlx/rulefilings">https://listingcenter.nasdaq.com/rulebook/phlx/rulefilings</a>, 
and at the principal office of the Exchange.

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
    Phlx proposes to modify its Pricing Schedule at Options 7, Section 
4 to: (1) increase the Non-Penny Symbol Floor Options Transaction 
Charge \4\ for Lead Market Makers \5\ and Market Makers; \6\ and (2) 
amend the Floor Broker \7\ Incentive Program to adopt a new Floor 
Broker rebate and amend the Tier 4 rebate. Each change will be 
described below.
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    \4\ The term ``floor transaction'' is a transaction that is 
effected in open outcry on the Exchange's Trading Floor. See Phlx's 
Pricing Schedule at Options 7, Section 1(c).
    \5\ The term ``Floor Lead Market Maker'' is a member who is 
registered as an options Lead Market Maker pursuant to Options 2, 
Section 12(a) and has a physical presence on the Exchange's Trading 
Floor. See Phlx's Pricing Schedule at Options 7, Section 1(c).
    \6\ The term ``Floor Market Maker'' is a Market Maker who is 
neither an SQT or an RSQT. A Floor Market Maker may provide a quote 
in open outcry. See Phlx's Pricing Schedule at Options 7, Section 
1(c). The term ``Streaming Quote Trader'' or ``SQT'' is defined in 
Options 1, Section 1(b)(54) as a Market Maker who has received 
permission from the Exchange to generate and submit option 
quotations electronically in options to which such SQT is assigned. 
See Phlx's Pricing Schedule at Options 7, Section 1(c). The term 
``Remote Streaming Quote Trader'' or ``RSQT'' is defined in Options 
1, Section 1(b)(49) as a Market Maker that is a member affiliated 
with an RSQTO with no physical trading floor presence who has 
received permission from the Exchange to generate and submit option 
quotations electronically in options to which such RSQT has been 
assigned. A Remote Streaming Quote Trader Organization or ``RSQTO,'' 
which may also be referred to as a Remote Market Making Organization 
(``RMO''), is a member organization in good standing that satisfies 
the RSQTO readiness requirements in Options 2, Section 1(a). See 
Phlx's Pricing Schedule at Options 7, Section 1(c).
    \7\ The term ``Floor Broker'' means an individual who is 
registered with the Exchange for the purpose, while on the Options 
Floor, of accepting and handling options orders. See Phlx's Pricing 
Schedule at Options 7, Section 1(c).
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    First, the Exchange proposes to increase the Non-Penny Symbol Floor 
Options Transaction Charge for Lead Market Makers and Market Makers. 
Today, the Exchange assesses the following Non-Penny Floor Options 
Transaction Charges: $0.00 for Customers \8\ and Professionals,\9\ 
$0.50 per contract for Lead Market Makers and Market Makers, $0.25 per 
contract for Firms \10\ and Broker-Dealers.\11\ At this time, the 
Exchange proposes to increase the Non-Penny Symbol Floor Options 
Transaction Charges for Lead Market Makers and Market Makers from $0.50 
to $1.00 per contract.
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    \8\ The term ``Customer'' applies to any transaction that is 
identified by a member or member organization for clearing in the 
Customer range at OCC which is not for the account of a broker or 
dealer or for the account of a ``Professional'' (as that term is 
defined in Options 1, Section 1(b)(45)). See Phlx's Pricing Schedule 
at Options 7, Section 1(c).
    \9\ The term ``Professional'' applies to transactions for the 
accounts of Professionals, as defined in Options 1, Section 1(b)(45) 
means any person or entity that (i) is not a broker or dealer in 
securities, and (ii) places more than 390 orders in listed options 
per day on average during a calendar month for its own beneficial 
account(s). See Phlx's Pricing Schedule at Options 7, Section 1(c).
    \10\ The term ``Firm'' applies to any transaction that is 
identified by a member or member organization for clearing in the 
Firm range at The Options Clearing Corporation (``OCC''). See Phlx's 
Pricing Schedule at Options 7, Section 1(c).
    \11\ The term ``Broker-Dealer'' applies to any transaction which 
is not subject to any of the other transaction fees applicable 
within a particular category. See Phlx's Pricing Schedule at Options 
7, Section 1(c).
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    Second, the Exchange proposes to amend the Floor Broker Incentive 
Program to pay a $0.20 per contract rebate for open outcry floor 
executions that are contra a Lead Market Maker or Market Maker, in lieu 
of any Floor

[[Page 35719]]

Broker Incentive Program rebate. Today, Floor Brokers are paid Floor 
Broker Incentive Program rebates for transactions executed on the 
trading floor, in open outcry \12\ based on qualifying volume at each 
threshold level as set forth below.\13\
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    \12\ The following transactions are not considered qualifying 
volume: (1) dividend, merger, short stock interest, reversal and 
conversion, jelly roll, and box spread strategy executions as 
defined in this Options 7, Section 4; (2) Firm Floor Options 
Transactions for members executing facilitation orders pursuant to 
Options 8, Section 30 when such members are trading in their own 
proprietary account (including Cabinet Options Transaction Charges); 
and (3) Customer-to-Customer transactions.
    \13\ Floor QCC Orders, as defined in Options 8, Section 30(e), 
and electronic QCC Orders, as defined in Options 3, Section 12, are 
considered qualifying volume but are not paid rebates based on the 
above schedule, rather Floor QCC Orders and electronic QCC Orders 
would are paid the QCC Rebates noted in Options 7, Section 4. 
Additionally, Broker-Dealer Floor Options Transactions that are 
capped pursuant to the Broker-Dealer Transaction Cap will be 
considered qualifying volume but would not be paid rebates based on 
the below schedule.

----------------------------------------------------------------------------------------------------------------
                                                                                   Per contract    Per contract
                                                                                      rebate       rebate (non-
                                                      Qualifying contracts         (customer on     customer on
                                                                                     one side)      both sides)
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Tier 1........................................  0-500,000.......................           $0.04           $0.10
Tier 2........................................  500,001-5,000,000...............            0.07            0.18
Tier 3........................................  5,000,001-10,000,000............            0.09            0.18
Tier 4........................................  Greater than 10,000,000.........            0.10            0.22
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    The Exchange proposes to decrease the Tier 4 Floor Broker Incentive 
Program per contract rebate for Non-Customer on both sides from $0.22 
to $0.20. While the Exchange's proposal decreases the Tier 4 rebate, 
the Exchange believes that the proposed rebate would continue to 
incentivize order flow to be brought to Phlx. Further, the rebate is 
payable to the Floor Broker on contracts even if those contracts 
qualified for the Broker-Dealer Transaction Cap.
    The Exchange believes that the proposed $0.20 per contract Floor 
Broker rebate for open outcry floor executions contra a Lead Market 
Maker or Market Maker would further incentivize Floor Brokers to 
participate in open outcry transactions. While the Exchange proposes to 
increase the Non-Penny Options Transaction Charge for Lead Market 
Makers and Market Makers, the increased transaction charge, taken 
together with the proposed $0.20 Floor Broker rebate, should not 
discourage Lead Market Maker or Market Makers from participating in 
open outcry transactions, and should promote trading opportunities and 
competition on the Trading Floor for all market participants.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\14\ in general, and furthers the objectives of 
Sections 6(b)(4) and 6(b)(5) of the Act,\15\ 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, and is not designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(4) and (5).
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    The Commission and the courts have repeatedly expressed their 
preference for competition over regulatory intervention in determining 
prices, products, and services in the securities markets. In Regulation 
NMS, while adopting a series of steps to improve the current market 
model, the Commission highlighted the importance of market forces in 
determining prices and SRO revenues and, also, recognized that current 
regulation of the market system ``has been remarkably successful in 
promoting market competition in its broader forms that are most 
important to investors and listed companies.'' \16\
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    \16\ Securities Exchange Act Release No. 51808 (June 9, 2005), 
70 FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting 
Release'').
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    Likewise, in NetCoalition v. Securities and Exchange Commission 
\17\ (``NetCoalition'') the D.C. Circuit upheld the Commission's use of 
a market-based approach in evaluating the fairness of market data fees 
against a challenge claiming that Congress mandated a cost-based 
approach.\18\ As the court emphasized, the Commission ``intended in 
Regulation NMS that `market forces, rather than regulatory 
requirements' play a role in determining the market data . . . to be 
made available to investors and at what cost.'' \19\
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    \17\ NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir. 2010).
    \18\ See NetCoalition, at 534-535.
    \19\ Id. at 537.
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    Further, ``[n]o one disputes that competition for order flow is 
`fierce.' . . . As the SEC explained, `[i]n the U.S. national market 
system, buyers and sellers of securities, and the broker-dealers that 
act as their order-routing agents, have a wide range of choices of 
where to route orders for execution'; [and] `no exchange can afford to 
take its market share percentages for granted' because `no exchange 
possesses a monopoly, regulatory or otherwise, in the execution of 
order flow from broker dealers'. . . .'' \20\ Although the court and 
the SEC were discussing the cash equities markets, the Exchange 
believes that these views apply with equal force to the options 
markets.
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    \20\ Id. at 539 (quoting Securities Exchange Act Release No. 
59039 (December 2, 2008), 73 FR 74770, 74782-83 (December 9, 2008) 
(SR-NYSEArca-2006-21)).
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    The Exchange believes that the proposed $0.20 per contract Floor 
Broker rebate for open outcry floor executions contra a Lead Market 
Maker or Market Maker is reasonable because it will incentivize Floor 
Brokers to direct additional open outcry orders to the Exchange, 
thereby creating more trading opportunities on the Trading Floor for 
all market participants, including Lead Market Makers and Market 
Makers. Despite the proposed increase in the Non-Penny Options 
Transaction Charge for Lead Market Makers and Market Makers, the 
Exchange believes that increasing the Non-Penny Options Transaction 
Charge for Lead Market Makers and Market Makers from $0.50 to $1.00 
will not discourage active quoting and trading. The Exchange also 
believes that the amount of the proposed Non-Penny Options Transaction 
Charge for Lead Market Makers and Market Makers is reasonable, as it 
remains within the range of fees set forth in the Pricing Schedule for 
transactions by Lead Market Makers and Market Makers in Non-Penny 
Symbols for electronic transactions that are assessed by NYSE Arca, 
Inc. (``NYSE Arca'').\21\
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    \21\ See NYSE Arca's Options Fees and Charges.
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    The Exchange believes that the proposed changes are reasonably 
designed to incentivize Floor Brokers

[[Page 35720]]

(and other participants on the Trading Floor) to increase the number of 
open outcry orders sent to the Exchange. Any increase in trading volume 
would create additional opportunities for Lead Market Makers, Market 
Makers and other floor participants, attracting further order flow to 
the Trading Floor and contributing to a deeper, more liquid market. The 
proposed rebate is similar in structure to incentive programs for Floor 
Brokers offered by NYSE Arca and NYSE American LLC.\22\
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    \22\ NYSE Arca and NYSE American offer a floor broker rebate of 
$0.20 for manual trades executed by a floor broker against a market 
maker on the trading floor. The rebate is in lieu of any rebates 
achieved via the manual billable rebate program. See NYSE Arca's 
Options Fees and Charges and NYSE American's Options Fee Schedule. 
Also, see, e.g., BOX Exchange Fee Schedule, Section V. Manual 
Transaction Fees, available at <a href="https://boxexchange.com/assets/BOX-Fee-Schedule-as-of-January-22-2026.pdf">https://boxexchange.com/assets/BOX-Fee-Schedule-as-of-January-22-2026.pdf</a> (offering Floor Brokers that 
submit QOO and FOO Orders a $0.20 per contract enhanced rebate for 
executions that trade with a Floor Market Maker, in lieu of lesser 
per contract rebates also available to Floor Brokers); MIAX Sapphire 
Options Exchange, Section 1) c) Trading Floor Transactions, 
available at <a href="https://www.miaxglobal.com/sites/default/files/fee_schedulefiles/MIAX_Sapphire_Fee_Schedule_01212026_b.pdf">https://www.miaxglobal.com/sites/default/files/fee_schedulefiles/MIAX_Sapphire_Fee_Schedule_01212026_b.pdf</a> 
(providing for the ``Floor Broker Breakup Credit,'' a $0.20 credit 
applicable to Floor Brokers that submit a QFO or cQFO for executions 
that trade with a Floor Market Maker, instead of the $0.10 Floor 
Broker rebate otherwise available).
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    The Exchange further believes the proposal is reasonable because it 
is designed to offset costs associated with the proposed Floor Broker 
rebate through the increase to the Non-Penny Floor Options Transaction 
Charge for Lead Market Makers and Market Makers. To the extent this 
purpose is achieved, the Exchange believes that the proposed change 
would not disincentivize Lead Market Maker or Market Maker activity on 
the Trading Floor because increased order flow from Floor Brokers 
seeking to earn the proposed rebate would result in more opportunities 
to trade for all market participants. In addition, the Exchange notes 
that market participants are free to conduct transactions on competing 
venues instead if they believe other options markets offer more 
favorable pricing.
    To the extent the proposed rule change continues to attract greater 
volume and liquidity by encouraging Floor Brokers to increase their 
options volume on the Exchange in an effort to earn the proposed 
rebate, the Exchange believes the proposed changes would improve the 
Exchange's overall competitiveness and strengthen its market quality 
for all market participants. Against the backdrop of the competitive 
environment in which the Exchange operates, the proposed rule change is 
a reasonable attempt by the Exchange to increase the depth of its 
market and improve its market share relative to its competitors.
    The Exchange's proposal to pay Floor Brokers the $0.20 per contract 
rebate in lieu of any Floor Broker Incentive Program rebate, continue 
to pay the rebate even if the transaction was subject to the Broker-
Dealer Transaction Cap, and also decrease the Tier 4 Floor Broker 
Incentive Program per contract rebate for Non-Customer on both sides 
from $0.22 to $0.20 is reasonable because it balances the new Floor 
Broker rebate against the increased Non-Penny Floor Options Transaction 
Charge while allowing for the availability of other incentives. 
Further, despite the decrease to the Tier 4 rebate, the Exchange 
continues to pay a greater Tier 4 rebate as compared to the Tier 1 
through Tier 3 rebates. The Exchange believes that the proposed rebate 
will continue to incentivize order flow to be brought to Phlx.
    The Exchange believes that the proposed $0.20 per contract Floor 
Broker rebate for open outcry floor executions contra a Lead Market 
Maker or Market Maker is equitable and not unfairly discriminatory 
because the proposed rebate is based on the amount and type of business 
transacted on the Exchange, and participation in the rebate program is 
voluntary; Floor Brokers may, but are not required to, pursue 
qualifying volume. The Exchange also believes that the proposed change 
is equitable and not unfairly discriminatory because it is designed to 
balance costs associated with encouraging increased execution 
opportunities on the Trading Floor, and an increase in such orders 
would in turn enhance trading opportunities for all market 
participants. In addition, the proposed Lead Market Maker and Market 
Maker Non-Penny Options Transaction Charge of $1.00 is within the range 
of fees currently applicable to transactions by Lead Market Makers, 
Market Makers and other market participants in Non-Penny Symbols.\23\ 
The Exchange also believes that the proposed Floor Broker rebate is an 
equitable allocation of fees and credits because it is intended to 
support Floor Brokers' role in facilitating the execution of open 
outcry orders, a function that benefits all market participants on the 
Trading Floor.
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    \23\ See NYSE Arca's Options Fees and Charges.
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    Moreover, the proposal is designed to incentivize participation on 
the Trading Floor in an effort to make the Exchange a primary execution 
venue and to attract more open outcry transactions to the Trading 
Floor. To the extent that the proposed change attracts more Floor 
Broker orders to the Exchange, this increased order flow would continue 
to make the Exchange a more competitive venue for, among other things, 
order execution. Thus, the Exchange believes the proposed rule change 
would improve market quality for all participants and attract 
additional order flow, further enhancing market quality and price 
discovery.
    The Exchange believes it is not unfairly discriminatory to increase 
the Non-Penny Floor Options Transaction Charge for Lead Market Makers 
and Market Makers because the proposed change would apply in a uniform 
manner to all Lead Market Maker and Market Maker orders. Incentivizing 
order flow to the Trading Floor would enhance liquidity to the benefit 
of all market participants. The Exchange also believes that the 
proposed $0.20 rebate payable to Floor Brokers for an open outcry 
transaction contra a Lead Market Maker or Market Maker is not unfairly 
discriminatory because it would be available to all similarly situated 
market participants on an equal and non-discriminatory basis. Further, 
all Floor Brokers would qualify for the proposed rebate. The proposal 
is intended to encourage the role performed by Floor Brokers in 
facilitating the execution of orders via open outcry, a function which 
the Exchange wishes to support for the benefit of all market 
participants. In addition, although the proposed change would increase 
the Non-Penny Options Transaction Charge applicable to Lead Market 
Maker and Market Maker floor transactions, the Exchange notes that the 
amount of the proposed fee is within the range of fees currently 
applicable to transactions by Lead Market Makers, Market Makers and 
other market participants in Non-Penny Symbols \24\ and believes that 
Lead Market Makers and Market Makers would not be discouraged from 
continuing to participate actively on the Trading Floor and would 
benefit from increased open outcry order flow, including from Floor 
Brokers seeking to earn the proposed rebate, as a result of the 
proposed change. To the extent that this increased order flow attracts 
order flow from other market participants to the Trading Floor, the 
proposed rule change would improve market quality and promote 
additional trading opportunities for all market participants on the 
Exchange.
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    \24\ See NYSE Arca's Options Fees and Charges.
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    Finally, Lead Market Makers and Market Makers may transact with any

[[Page 35721]]

order flow that results from the increased incentive.
    The proposals to pay Floor Brokers the $0.20 per contract rebate in 
lieu of any Floor Broker Incentive Program rebate, continue to pay the 
rebate even if the transaction was subject to the Broker-Dealer 
Transaction Cap, and also decrease the Tier 4 Floor Broker Incentive 
Program per contract rebate for Non-Customer on both sides from $0.22 
to $0.20 are equitable and not unfairly discriminatory because they 
would apply uniformly to all Floor Brokers.

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. Rather, the Exchange believes 
that the proposed changes would encourage the submission of additional 
liquidity to the Trading Floor, thereby promoting market depth, price 
discovery, and transparency, and enhancing order execution 
opportunities for all market participants. As a result, the Exchange 
believes that the proposed change furthers the Commission's goal in 
adopting Regulation NMS of fostering integrated competition among 
orders, which promotes ``more efficient pricing of individual stocks 
for all types of orders, large and small.'' \25\ The proposal does not 
impose an undue burden on inter-market competition. The Exchange 
believes its proposal remains competitive with other options markets 
and will offer market participants another choice of where to transact 
options. The Exchange 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, or 
rebate opportunities available at other venues to be more favorable. In 
such an environment, the Exchange must continually adjust its fees to 
remain competitive with other exchanges. Because competitors are free 
to modify their own fees in response, and because market participants 
may readily adjust their order routing practices, the Exchange believes 
that any burden on competition resulting from these pricing changes is 
extremely limited.
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    \25\ See Reg NMS Adopting Release, supra note 10, at 37499.
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Intra-market Competition
    In accordance with Section 6(b)(8) of the Act, the Exchange does 
not believe that the proposed rule change would impose any burden on 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act. The proposed change is designed to attract 
additional order flow to the Exchange. The Exchange believes that the 
increase to the Non-Penny Floor Options Transaction Charge for Lead 
Market Makers and Market Makers and the proposed Floor Broker rebate of 
$0.20 per contract rebate for open outcry floor executions that are 
contra a Lead Market Maker or Market Maker would encourage Floor Broker 
open outcry flow and would not disincentivize Lead Market Maker or 
Market Maker activity on the Trading Floor. Greater liquidity benefits 
all market participants on the Exchange and increased order flow would 
increase opportunities for execution of other trading interest. The 
proposal would apply and be available to all similarly situated market 
participants that execute open outcry on the Trading Floor, and, 
accordingly, the proposed changes would not impose a disparate burden 
on competition among market participants on the Exchange.
    The Exchange believes the proposed rule change reflects this 
competitive environment by modifying its pricing to continue 
incentivizing Trading Floor participants to direct order flow to, and 
provide liquidity to the Exchange. To the extent that Floor Brokers are 
encouraged to utilize Phlx as a primary trading venue for all floor 
transactions, all floor market participants stand to benefit from the 
improved market quality and increased opportunities for price 
improvement.
    Finally, the proposals to pay Floor Brokers the $0.20 per contract 
rebate in lieu of any Floor Broker Incentive Program rebate, continue 
to pay the rebate even if the transaction was subject to the Broker-
Dealer Transaction Cap, and also decrease the Tier 4 Floor Broker 
Incentive Program per contract rebate for Non-Customer on both sides 
from $0.22 to $0.20 do not impose an undue burden on competition 
because they would apply uniformly to all Floor Brokers.

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.\26\
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    \26\ 15 U.S.C. 78s(b)(3)(A)(ii).
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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: (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

    <bullet> Use the Commission's internet comment form (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>); or
    <bullet> Send an email to <a href="/cdn-cgi/l/email-protection#abd9dec7ce86c8c4c6c6cec5dfd8ebd8cec885ccc4dd"><span class="__cf_email__" data-cfemail="047671686129676b6969616a7077447761672a636b72">[email&#160;protected]</span></a>. Please include 
file number SR-Phlx-2026-33 on the subject line.

Paper Comments

    <bullet> Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to file number SR-Phlx-2026-33. 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 website (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>). Copies of the filing will be available for inspection and 
copying at the principal office of the Exchange. Do not include 
personal identifiable information in submissions; you should submit 
only information that you wish to make available publicly. We may 
redact in part or withhold entirely from publication submitted material 
that is obscene or subject to copyright protection. All submissions 
should refer to file number SR-Phlx-2026-33 and should be submitted on 
or before July 6, 2026.


[[Page 35722]]


    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\27\
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    \27\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026-11816 Filed 6-11-26; 8:45 am]
BILLING CODE 8011-01-P


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