Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Correct BX Rule 2140(c), 28678-28679 [2013-11558]
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28678
Federal Register / Vol. 78, No. 94 / Wednesday, May 15, 2013 / Notices
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 SR–CHX–2013–10 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.
TKELLEY on DSK3SPTVN1PROD with NOTICES
All submissions should refer to File
Number SR–CHX–2013–10. 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 (https://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-CHX–2013–10 and should
be submitted on or before June 5, 2013.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.37
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–11453 Filed 5–14–13; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–69549; File No. SR–BX–
2013–035]
Self-Regulatory Organizations;
NASDAQ OMX BX, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change To Correct BX
Rule 2140(c)
May 9, 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 May 6,
2013, NASDAQ OMX BX, Inc. (the
‘‘Exchange’’ or ‘‘BX’’) filed with the
Securities and Exchange Commission
(‘‘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 proposes to correct BX
Rule 2140(c) to reference NASDAQ
Options Services LLC (‘‘NOS’’).
The text of the proposed rule change
is below; proposed new language is in
italics.
*
*
*
*
*
NASDAQ OMX BX
Equity Rules
*
*
CFR 200.30–3(a)(12).
VerDate Mar<15>2010
17:16 May 14, 2013
*
(a)–(b) No change.
(c) The NASDAQ OMX Group, Inc.,
which is the holding company owning
[both] the Exchange, [and] NASDAQ
Execution Services, LLC, and NASDAQ
Options Services LLC, shall establish
and maintain procedures and internal
controls reasonably designed to ensure
that neither NASDAQ Execution
Services, LLC nor NASDAQ Options
Services LLC [does not] develops or
implements changes to its system on the
basis of non-public information
regarding planned changes to Exchange
systems, obtained as a result of its
affiliation with the Exchange, until such
information is available generally to
similarly situated members of the
Exchange in connection with the
provision of inbound routing to the
Exchange.
*
*
*
*
*
2 17
Jkt 229001
*
2140. Restrictions on Affiliation
1 15
37 17
*
PO 00000
U.S.C. 78s(b)(1).
CFR 240.19b–4.
Frm 00103
Fmt 4703
Sfmt 4703
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 proposal is to
correct Rule 2140(c) to refer to NOS, in
addition to NASDAQ Execution
Services, LLC (‘‘NES’’).
NOS is owned by The NASDAQ OMX
Group, Inc., which also owns three
registered securities exchanges—the
Exchange, The NASDAQ Stock Market
LLC (‘‘NASDAQ’’) (and its facility, the
NASDAQ Options Market), and
NASDAQ OMX PHLX LLC (‘‘PHLX’’).3
Therefore, NOS is an affiliate of these
exchanges. The Exchange adopted Rule
2140(c) to prevent potential
informational advantages resulting from
the affiliation between BX and NES, as
related to NES’s authority to route
equities orders from PHLX’s PSX facility
and NASDAQ. The Exchange intended
to add NOS to this rule, as related to
NOS’ authority to route options orders
from PHLX and NOM to BX Options.
This intention was expressed in the
proposed rule change where BX
received approval to permit BX Options
to receive inbound routes of options
orders by NOS in its capacity as an
order routing facility of PHLX and
NOM, as part of the approval of the
proposed rule change establishing BX
Options, but the rule text was
inadvertently not amended
accordingly.4 In that proposed rule
change, BX agreed to certain conditions
and obligations, which it has adopted.
Specifically, it stated that the Exchange
3 See Securities Exchange Act Release Nos. 58324
(August 7, 2008), 73 FR 46936 (August 12, 2008)
(SR–BSE–2008–02; SR–BSE–2008–23; SR–BSE–
2008–25; SR–BSECC–2008–01) (order approving
NASDAQ OMX’s acquisition of BX); and 58179
(July 17, 2008) (SR–PHLX–2008–31), 73 FR 42874
(July 23, 2008) (order approving NASDAQ OMX’s
acquisition of PHLX).
4 Securities Exchange Act Release No. 67256
(June 26, 2012), 77 FR 39277 (July 2, 2012) (SR–BX–
2012–030).
E:\FR\FM\15MYN1.SGM
15MYN1
Federal Register / Vol. 78, No. 94 / Wednesday, May 15, 2013 / Notices
has in place BX Rule 2140(c), which
requires NASDAQ OMX, as the holding
company owning both the Exchange and
NOS, to establish and maintain
procedures and internal controls
reasonably designed to ensure that NOS
does not develop or implement changes
to its system, based on nonpublic
information obtained regarding planned
changes to the Exchange’s systems as a
result of its affiliation with the
Exchange, until such information is
available generally to similarly situated
Exchange members, in connection with
the provision of inbound order routing
to the Exchange. Although the Exchange
did not have that provision in place, the
Exchange intended to and has complied
with it as though it had properly been
included at the time of adoption.
2. Statutory Basis
BX believes that its proposal is
consistent with Section 6(b) of the Act 5
in general, and furthers the objectives of
Section 6(b)(5) of the Act 6 in particular,
in that it is designed to promote just and
equitable principles of trade, and, in
general, to protect investors and the
public interest, by correcting the rule
text, consistent with the intention and
description in a prior proposed rule
change.
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. It does not raise
any issues of intra-market competition
because it involves correcting a rule
pertaining to inbound routing from an
affiliated exchange. Nor does it result in
a burden on competition among
exchanges, because there are many
competing exchanges that provide
routing services, including through an
affiliate.
TKELLEY on DSK3SPTVN1PROD with NOTICES
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.
6 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
VerDate Mar<15>2010
17:16 May 14, 2013
Jkt 229001
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
7 15
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not significantly affect the
protection of investors or the public
interest, does not impose any significant
burden on competition, and, by its
5 15
terms, does not 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 Rule 19b–
4(f)(6) thereunder.8
The Exchange has requested that the
Commission waive the 30-day operative
delay. The Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest. Doing
so will allow the proposal to become
operative immediately in order to avoid
confusion, consistent with the
protection of investors and the public
interest.9 Therefore, the Commission
hereby waives the 30-day operative
delay and designates the proposal
operative upon filing.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
under Section 19(b)(2)(B) 11 of the Act to
determine whether the proposed rule
change should be approved or
disapproved.
U.S.C. 78s(b)(3)(A).
8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires the Exchange to give the
Commission written notice of the Exchange’s intent
to file the proposed rule change, along with a brief
description and text of 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 The Commission notes that it previously
approved the condition (See Securities Exchange
Act Release No. 67256, 77 FR 39277), and that the
Exchange represents that it has complied with the
terms of such condition.
10 For 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).
11 15 U.S.C. 78s(b)(2)(B).
PO 00000
Frm 00104
Fmt 4703
Sfmt 9990
28679
Number SR–BX–2013–035 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–2013–035. 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 (https://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–BX–
2013–035 and should be submitted on
or before June 5, 2013.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–11558 Filed 5–14–13; 8:45 am]
BILLING CODE 8011–01–P
12 17
E:\FR\FM\15MYN1.SGM
CFR 200.30–3(a)(12).
15MYN1
Agencies
[Federal Register Volume 78, Number 94 (Wednesday, May 15, 2013)]
[Notices]
[Pages 28678-28679]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11558]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-69549; File No. SR-BX-2013-035]
Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Correct
BX Rule 2140(c)
May 9, 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 May 6, 2013, NASDAQ OMX BX, Inc. (the ``Exchange'' or ``BX'')
filed with the Securities and Exchange Commission (``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.
---------------------------------------------------------------------------
\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 correct BX Rule 2140(c) to reference
NASDAQ Options Services LLC (``NOS'').
The text of the proposed rule change is below; proposed new
language is in italics.
* * * * *
NASDAQ OMX BX
Equity Rules
* * * * *
2140. Restrictions on Affiliation
(a)-(b) No change.
(c) The NASDAQ OMX Group, Inc., which is the holding company owning
[both] the Exchange, [and] NASDAQ Execution Services, LLC, and NASDAQ
Options Services LLC, shall establish and maintain procedures and
internal controls reasonably designed to ensure that neither NASDAQ
Execution Services, LLC nor NASDAQ Options Services LLC [does not]
develops or implements changes to its system on the basis of non-public
information regarding planned changes to Exchange systems, obtained as
a result of its affiliation with the Exchange, until such information
is available generally to similarly situated members of the Exchange in
connection with the provision of inbound routing to 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
The purpose of the proposal is to correct Rule 2140(c) to refer to
NOS, in addition to NASDAQ Execution Services, LLC (``NES'').
NOS is owned by The NASDAQ OMX Group, Inc., which also owns three
registered securities exchanges--the Exchange, The NASDAQ Stock Market
LLC (``NASDAQ'') (and its facility, the NASDAQ Options Market), and
NASDAQ OMX PHLX LLC (``PHLX'').\3\ Therefore, NOS is an affiliate of
these exchanges. The Exchange adopted Rule 2140(c) to prevent potential
informational advantages resulting from the affiliation between BX and
NES, as related to NES's authority to route equities orders from PHLX's
PSX facility and NASDAQ. The Exchange intended to add NOS to this rule,
as related to NOS' authority to route options orders from PHLX and NOM
to BX Options. This intention was expressed in the proposed rule change
where BX received approval to permit BX Options to receive inbound
routes of options orders by NOS in its capacity as an order routing
facility of PHLX and NOM, as part of the approval of the proposed rule
change establishing BX Options, but the rule text was inadvertently not
amended accordingly.\4\ In that proposed rule change, BX agreed to
certain conditions and obligations, which it has adopted. Specifically,
it stated that the Exchange
[[Page 28679]]
has in place BX Rule 2140(c), which requires NASDAQ OMX, as the holding
company owning both the Exchange and NOS, to establish and maintain
procedures and internal controls reasonably designed to ensure that NOS
does not develop or implement changes to its system, based on nonpublic
information obtained regarding planned changes to the Exchange's
systems as a result of its affiliation with the Exchange, until such
information is available generally to similarly situated Exchange
members, in connection with the provision of inbound order routing to
the Exchange. Although the Exchange did not have that provision in
place, the Exchange intended to and has complied with it as though it
had properly been included at the time of adoption.
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release Nos. 58324 (August 7,
2008), 73 FR 46936 (August 12, 2008) (SR-BSE-2008-02; SR-BSE-2008-
23; SR-BSE-2008-25; SR-BSECC-2008-01) (order approving NASDAQ OMX's
acquisition of BX); and 58179 (July 17, 2008) (SR-PHLX-2008-31), 73
FR 42874 (July 23, 2008) (order approving NASDAQ OMX's acquisition
of PHLX).
\4\ Securities Exchange Act Release No. 67256 (June 26, 2012),
77 FR 39277 (July 2, 2012) (SR-BX-2012-030).
---------------------------------------------------------------------------
2. Statutory Basis
BX believes that its proposal is consistent with Section 6(b) of
the Act \5\ in general, and furthers the objectives of Section 6(b)(5)
of the Act \6\ in particular, in that it is designed to promote just
and equitable principles of trade, and, in general, to protect
investors and the public interest, by correcting the rule text,
consistent with the intention and description in a prior proposed rule
change.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f(b).
\6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
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. It does not raise any issues of intra-market
competition because it involves correcting a rule pertaining to inbound
routing from an affiliated exchange. Nor does it result in a burden on
competition among exchanges, because there are many competing exchanges
that provide routing services, including through an affiliate.
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 foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not 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 Rule 19b-
4(f)(6) thereunder.\8\
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78s(b)(3)(A).
\8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of 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.
---------------------------------------------------------------------------
The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest. Doing so will allow the proposal to become operative
immediately in order to avoid confusion, consistent with the protection
of investors and the public interest.\9\ Therefore, the Commission
hereby waives the 30-day operative delay and designates the proposal
operative upon filing.\10\
---------------------------------------------------------------------------
\9\ The Commission notes that it previously approved the
condition (See Securities Exchange Act Release No. 67256, 77 FR
39277), and that the Exchange represents that it has complied with
the terms of such condition.
\10\ For 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).
---------------------------------------------------------------------------
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 under
Section 19(b)(2)(B) \11\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------
\11\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------
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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-BX-2013-035 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-2013-035. 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 (https://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-BX-2013-035 and should be
submitted on or before June 5, 2013.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------
\12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-11558 Filed 5-14-13; 8:45 am]
BILLING CODE 8011-01-P