Sunshine Act Meeting, 22590-22591 [2013-08998]
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22590
Federal Register / Vol. 78, No. 73 / Tuesday, April 16, 2013 / Notices
H. Description of Operation of Facility
Contemplated by the Proposed
Amendment
Not applicable.
I. Terms and Conditions of Access
See Item I(A) above.
J. Method of Determination and
Imposition, and Amount of, Fees and
Charges
The Participants took a number of
factors into account in arriving at the
proposed fee changes. The proposed
changes promote consistency in price
structures among the national market
system plans, as well as consistency
with the preponderance of other market
data providers. This would make market
data fees easier to administer. It would
enable data recipients to compare their
charges under the respective national
market system plans more easily. It also
would make for a more straightforward
and streamlined administrative process
for both the network administrator and
market data users.
In addition, the Net Reporting
Program responds to suggestions of
members of the industry that the
program would provide for an equitable
allocation of dues, fees, and other
charges among vendors, who
redistribute the Plan’s market data, and
the firms that consume the data.
Similarly, the Participants believe that
the redistribution fee would equitably
allocate fees to redistributors, many of
whom currently pay little in the way of
market data fees. The increase in the
interrogation device fee follows 16 years
of no change in the rate and sets the fee
at a level that is commensurate with its
counterparts under the other national
market system plans.
The Participants would apply the
interrogation device fee, the
redistribution fee and the Net Reporting
Program uniformly to all firms
qualifying for the Program (including
members of the Participant markets and
non-members) and do not believe that
any of the proposed changes introduce
terms that are unreasonably
discriminatory.
K. Method and Frequency of Processor
Evaluation
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Not applicable.
L. Dispute Resolution
Not applicable.
II. Rule 601(a)
A. Equity Securities for Which
Transaction Reports Shall Be Required
by the Plan
Not applicable.
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B. Reporting Requirements
The Net Reporting Program will
require a program participant to report
on a monthly basis, just as it does today.
The only difference is that the firm
would be able to report only a single
interrogation device in cases where the
firm provides market data to an
employee on multiple internallycontrolled, fee-liable interrogation
devices.
C. Manner of Collecting, Processing,
Sequencing, Making Available and
Disseminating Last Sale Information
Not applicable.
D. Manner of Consolidation
Not applicable.
E. Standards and Methods Ensuring
Promptness, Accuracy and
Completeness of Transaction Reports
Not applicable.
F. Rules and Procedures Addressed to
Fraudulent or Manipulative
Dissemination
Not applicable.
G. Terms of Access to Transaction
Reports
Not applicable.
H. Identification of Marketplace of
Execution
Not applicable.
BILLING CODE 8011–01–P
The Commission seeks general
comments on Amendment No. 28.
Interested persons are invited to submit
written data, views, and arguments
concerning the foregoing, including
whether the proposal is consistent with
the Act. Comments may be submitted by
any of the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number S7–24–89 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 S7–24–89. 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
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For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–08866 Filed 4–15–13; 8:45 am]
III. Solicitation of Comments
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post all comments on the Commission’s
Web site (https://www.sec.gov/rules/
sro.shtml). Copies of the submission, all
written statements with respect to the
proposed Plan Amendment that are
filed with the Commission, and all
written communications relating to the
proposed Plan Amendment 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 the filing also
will be available for Web site viewing
and printing at the Office of the
Secretary of the Committee, currently
located at the CBOE, 400 S. LaSalle
Street, Chicago, IL 60605. 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 S7–24–89
and should be submitted on or before
May 7, 2013.
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold a Closed Meeting
on Thursday, April 18, 2013 at 2:00 p.m.
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the Closed Meeting. Certain
staff members who have an interest in
the matters also may be present.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)
and 17 CFR 200.402(a)(3), (5), (7), 9(ii)
and (10), permit consideration of the
scheduled matters at the Closed
Meeting.
7 17
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CFR 200.30–3(a)(27).
16APN1
Federal Register / Vol. 78, No. 73 / Tuesday, April 16, 2013 / Notices
Commissioner Gallagher, as duty
officer, voted to consider the items
listed for the Closed Meeting in a closed
session.
The subject matter of the Closed
Meeting will be:
institution and settlement of
injunctive actions;
institution and settlement of
administrative proceedings;
adjudicatory matters; and
other matters relating to enforcement
proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
For further information and to
ascertain what, if any, matters have been
added, deleted or postponed, please
contact the Office of the Secretary at
(202) 551–5400.
Dated: April 11, 2013.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013–08998 Filed 4–12–13; 11:15 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–69202; File No. SR–BOX–
2013–15]
Self-Regulatory Organizations; BOX
Options Exchange LLC; Notice of
Filing and Immediate Effectiveness of
a Proposed Rule Change To Amend
the Fee Schedule To Establish Fees for
Mini Options on BOX
March 21, 2013.
Correction
In notice document 2013–7009,
appearing on pages 18642–18646 in the
issue of Wednesday, March 27, 2013,
make the following correction:
On page 18642, in the second column,
the Release No. and File No., which
were inadvertently omitted from the
document heading, are added to read as
set forth above.
[FR Doc. C1–2013–07009 Filed 4–15–13; 8:45 am]
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BILLING CODE 1505–01–D
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–69360; File No. SR–CBOE–
2013–041]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing of a
Proposed Rule Change To Amend Rule
6.53
April 10, 2013.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on March 28,
2013, Chicago Board Options Exchange,
Incorporated (the ‘‘Exchange’’ or
‘‘CBOE’’) filed with the Securities and
Exchange Commission (the
‘‘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.
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange proposes to amend
Rule 6.53—Certain Types of Orders
Defined. The text of the proposed rule
change is available on the Exchange’s
Web site (https://www.cboe.com/
AboutCBOE/
CBOELegalRegulatoryHome.aspx), at
the Exchange’s Office of the Secretary,
and at the Commission’s Public
Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and the
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 the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend its
definition of a Qualified Contingent
1 15
2 17
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22591
Cross (‘‘QCC’’) Order. A QCC Order is
an order to buy (or sell) at least 1,000
standard option contracts or 10,000
mini-option contracts 3 that is identified
as being part of a qualified contingent
trade 4 coupled with a contra-side order
to sell (or buy) an equal number of
contracts. QCC Orders were initially
adopted by the International Securities
Exchange, LLC (‘‘ISE’’) and approved by
the Commission.5 The Exchange
opposed the ISE proposal and the
adoption of QCC Orders, but for
competitive reasons elected to adopt
QCC Order rules on CBOE.6 The rules
the Exchange adopted regarding QCC
Orders were explicit in stating that QCC
3 The Exchange added language regarding minioptions due to the beginning of trading of minioptions. See SR–CBOE–2013–036, available at
https://www.cboe.com/publish/RuleFilingsSEC/SRCBOE-2013-036.pdf.
4 A ‘‘qualified contingent trade’’ is a transaction
consisting of two or more component orders,
executed as agent or principal, where: (1) At least
one component is an NMS stock, as defined in Rule
600 of Regulation NMS under the Exchange Act; (2)
all components are effected with a product or price
contingency that either has been agreed to by all the
respective counterparties or arranged for by a
broker-dealer as principal or agent; (3) the
execution of one component is contingent upon the
execution of all other components at or near the
same time; (4) the specific relationship between the
component orders (e.g., the spread between the
prices of the component orders) is determined by
the time the contingent order is placed; (5) the
component orders bear a derivative relationship to
one another, represent different classes of shares of
the same issuer, or involve the securities of
participants in mergers or with intentions to merge
that have been announced or cancelled; and (6) the
transaction is fully hedged (without regard to any
prior existing position) as a result of other
components of the contingent trade. See CBOE Rule
6.53(u)(i).
5 ISE first proposed to adopt a qualified
contingent cross order type through SR–ISE–2009–
35. This proposal was approved by the
Commission’s Division of Trading and Markets (the
‘‘Division’’) pursuant to delegated authority on
August 28, 2009, Securities Exchange Act Release
No. 60584 (August 28, 2009), 74 FR 45663
(September 3, 2009) (SR–ISE–2009–35), but this
approval was stayed by a CBOE petition seeking full
Commission review. See Letters from Joanne
Moffic-Silver, General Counsel and Corporate
Secretary, CBOE, dated September 4 and 14, 2009.
ISE thereafter submitted its modified rule change,
SR–ISE–2010–73, and a letter requesting that the
Commission vacate the Division’s approval of SR–
ISE–2009–35 simultaneous with the approval of
SR–ISE–2010–73. CBOE submitted numerous letters
objecting to ISE’s original and modified qualified
contingent cross proposals, however, the
Commission approved SR–ISE–2010–73 and set
aside SR–ISE–2009–35 on February 24, 2011. See
Securities Exchange Act Release Nos. 62523 (July
16, 2010), 75 FR 43211 (July 23, 2010) (SR–ISE–
2010–73) (ISE Proposal), 63955 (February 24, 2011)
(SR–ISE–2010–73) (ISE Approval), and 69354
(February 24, 2011) (SR–ISE–2009–35); see also,
e.g., CBOE comment letters and materials dated July
16, 2009, September 4, 2009, September 14, 2009,
September 17, 2009, December 3, 2009, January 20,
2010, April 7, 2010, and April 9, 2010.
6 See Securities Exchange Act Releases Nos.
64354 (April 27, 2011), 76 FR 25392 (May 4, 2011)
(SR–CBOE–2011–041) and 64653 (June 13, 2011),
76 FR 35491 (June 17, 2011) (SR–CBOE–2011–041).
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Agencies
[Federal Register Volume 78, Number 73 (Tuesday, April 16, 2013)]
[Notices]
[Pages 22590-22591]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08998]
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SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, April
18, 2013 at 2:00 p.m.
Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
[[Page 22591]]
Commissioner Gallagher, as duty officer, voted to consider the
items listed for the Closed Meeting in a closed session.
The subject matter of the Closed Meeting will be:
institution and settlement of injunctive actions;
institution and settlement of administrative proceedings;
adjudicatory matters; and
other matters relating to enforcement proceedings.
At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact the Office of the
Secretary at (202) 551-5400.
Dated: April 11, 2013.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-08998 Filed 4-12-13; 11:15 am]
BILLING CODE 8011-01-P