Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fees Schedule, 34421-34423 [2013-13505]
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Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / 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.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange believes that the
foregoing proposed rule change may
take effect upon filing with the
Commission pursuant to Section
19(b)(3)(A) of the Act 10 and Rule 19b–
4(f)(6)(iii) thereunder 11 because the
foregoing 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.
The Exchange has asked the
Commission to waive the 30-day
operative delay so that the proposal may
become operative immediately upon
filing. The Commission believes that
waiver of the operative delay is
consistent with the protection of
investors and the public interest
because this rule change is not
proposing any substantive changes and
is merely correcting inaccuracies in the
Exchange’s rules. This should eliminate
member confusion and provide clarity
on how the rules apply. Therefore, the
Commission designates the proposal
operative upon filing.12
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
10 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6)(iii). 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.
12 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).
mstockstill on DSK4VPTVN1PROD with NOTICES
11 17
VerDate Mar<15>2010
16:38 Jun 06, 2013
Jkt 229001
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:
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–13522 Filed 6–6–13; 8:45 am]
Electronic Comments
BILLING CODE 8011–01–P
• 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–Phlx–2013–57 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–2013–57. 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 St. 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
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–
2013–57, and should be submitted on or
before June 28, 2013.
PO 00000
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–69681; File No. SR–CBOE–
2013–056]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Amend the Fees
Schedule
June 3, 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 May 20,
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 Substance of
the Proposed Rule Change
The Exchange proposes to amend the
Fees Schedule. 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
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
13 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / Notices
that the Rebate program is economically
viable for the Exchange.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
mstockstill on DSK4VPTVN1PROD with NOTICES
the most significant aspects of such
statements.
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with the Act
and the rules and regulations
thereunder applicable to the Exchange
and, in particular, the requirements of
Section 6(b) of the Act.5 Specifically,
the Exchange believes the proposed rule
change is consistent with Section 6(b)(4)
of the Act,6 which requires that
Exchange rules provide for the equitable
allocation of reasonable dues, fees, and
other charges among its Trading Permit
Holders and other persons using its
facilities. The Exchange believes that
aggregating the qualifying volume of all
Floor Broker Trading Permit Holders
affiliated with a single TPH organization
is reasonable because it will allow more
TPH organizations to reach the
threshold and therefore receive the
Rebate. The Exchange believes that this
is equitable and not unfairly
discriminatory because it will
incentivize TPH organizations with
affiliated Floor Broker Trading Permit
Holders to encourage such Floor Broker
Trading Permit Holders to transact more
qualifying volume, which should
increase volume, which would benefit
all market participants (including Floor
Broker Trading Permit Holders and TPH
organizations with affiliated Floor
Broker Trading Permit Holders who do
not hit the 15,000 contracts-per-day
threshold (indeed, this increased
volume could make it possible for some
such Floor Brokers and/or TPH
organizations to hit the 15,000
contracts-per-day threshold)). The
Exchange believes that it is reasonable
to limit TPH organizations to receiving
one $7,500 rebate per month because
this is necessary to ensure that the
Rebate program is economically viable
for the Exchange. The Exchange believes
that this limitation is equitable and not
unfairly discriminatory because it
applies to all qualifying TPH
organizations.
1. Purpose
The Exchange recently amended its
Fees Schedule to add to Footnote 25 the
statement that any Floor Broker Trading
Permit Holder that executes an average
of 15,000 customer open-outcry
contracts per day (‘‘CPD’’) over the
course of a calendar month in multiplylisted options classes will receive a
rebate of $7,500 on that Floor Broker
Trading Permit Holder’s Floor Broker
Trading Permit fees (the ‘‘Rebate’’).3
Footnote 25 describes Floor Broker
Trading Permit Fees and the Floor
Broker Trading Permit Sliding Scale,
and states that the Floor Broker Trading
Permit Sliding Scale will be available
for all Floor Broker Trading Permits
held by affiliated Trading Permit
Holders and TPH organizations.4 As
such, the Exchange believed that it was
implied that the trading volume of all
Floor Broker Trading Permit Holders
affiliated with a single TPH organization
would be aggregated for the purposes of
reaching the 15,000-contract threshold,
and that each TPH organization would
receive one $7,500 rebate (as opposed to
a rebate for each affiliated Floor Broker
Trading Permit Holder that reached the
15,000-contract threshold).
However, in an effort to make the
Rebate program’s details clear, the
Exchange now proposes to add the
following clarifying language to the end
of Footnote 25: For purposes of
determining the rebate, the qualifying
volume of all Floor Broker Trading
Permit Holders affiliated with a single
TPH organization will be aggregated,
and, if such total meets or exceeds the
15,000 customer open-outcry contracts
per day threshold in multiply-listed
options classes, that TPH organization
will receive a single $7,500 rebate,
regardless of the number of Floor Broker
Trading Permits affiliated with that TPH
organization. The purpose of aggregating
the qualifying volume of all Floor
Broker Trading Permit Holders affiliated
with a single TPH organization is to
make it easier for such TPH
organizations that have a number of
Floor Broker Trading Permit Holders
affiliated with them to be able to reach
the threshold. The purpose of
stipulating that each TPH organization
will receive a single rebate is to ensure
3 See Securities Exchange Act Release No. 69569
(May 14, 2013) (SR–CBOE–2013–049).
4 See CBOE Fees Schedule, Footnote 25.
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16:38 Jun 06, 2013
Jkt 229001
B. Self-Regulatory Organization’s
Statement on Burden on Competition
CBOE does not believe that the
proposed rule change will impose any
burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. CBOE does
not believe that aggregating the
qualifying volume of all Floor Broker
Trading Permit Holders affiliated with a
single TPH organization will impose
any burden on intramarket competition
5 15
6 15
PO 00000
U.S.C. 78f(b).
U.S.C. 78f(b)(4).
Frm 00110
Fmt 4703
that is not necessary or appropriate in
furtherance of the purposes of the Act
because it will incentivize TPH
organizations with affiliated Floor
Broker Trading Permit Holders to
encourage such Floor Broker Trading
Permit Holders to transact more
qualifying volume, which should
increase volume, which would benefit
all market participants (including Floor
Broker Trading Permit Holders and TPH
organizations with affiliated Floor
Broker Trading Permit Holders who do
not hit the 15,000 contracts-per-day
threshold (indeed, this increased
volume could make it possible for some
such Floor Brokers and/or TPH
organizations to hit the 15,000
contracts-per-day threshold)). CBOE
does not believe that limiting TPH
organizations to receiving one $7,500
rebate per month will impose any
burden on intramarket competition that
is not necessary or appropriate in
furtherance of the purposes of the Act
because this limitation applies to all
qualifying TPH organizations.
CBOE does not believe that the
proposed rule change will impose any
burden on intermarket competition that
is not necessary or appropriate in
furtherance of the purposes of the Act
because the proposed changes only
apply to Floor Brokers at CBOE. To the
extent that aggregating the qualifying
volume of all Floor Broker Trading
Permit Holders affiliated with a single
TPH organization proves attractive to
market participants on other exchanges,
such Floor Brokers or market
participants may elect to become Floor
Brokers or market participants at CBOE.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange neither solicited nor
received comments on the proposed
rule change.
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)
of the Act 7 and paragraph (f) of Rule
19b–4 8 thereunder. 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
7 15
8 17
Sfmt 4703
E:\FR\FM\07JNN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f).
07JNN1
Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Kevin M. O’Neill,
Deputy Secretary.
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:
[FR Doc. 2013–13505 Filed 6–6–13; 8:45 am]
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–CBOE–2013–056 on the
subject line.
mstockstill on DSK4VPTVN1PROD with NOTICES
Commission takes such action, the
Commission will institute proceedings
to determine whether the proposed rule
change should be approved or
disapproved.
Aviation Rulemaking Advisory
Committee (ARAC) Airman Testing
Standards and Training Working
Group (ATSTWG)
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–CBOE–2013–056. 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–CBOE–
2013–056 and should be submitted on
or before June 28, 2013.
VerDate Mar<15>2010
16:38 Jun 06, 2013
Jkt 229001
BILLING CODE 8011–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2013–0316]
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of Availability;
reopening of comment period.
AGENCY:
This notice announces the
reopening of the comment period on the
availability of draft Airman Certification
Standards (ACS) documents developed
by the Airman Testing Standards and
Training WG for the private pilot
certificate and the instrument rating.
These documents are available for
public review, download, and comment.
DATES: The comment period for the
notice published on April 24, 2013 (78
FR 24289) closed May 24, 2013, and is
reopened until July 8, 2013.
ADDRESSES: Send comments identified
by docket number FAA–2013–0316
using any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30; U.S. Department of
Transportation (DOT), 1200 New Jersey
Avenue SE., Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
• Fax: Fax comments to Docket
Operations at (202) 493–2251.
Privacy: The FAA will post all
comments it receives, without change,
to https://www.regulations.gov, including
any personal information the
commenter provides. Using the search
function of the docket Web site, anyone
can find and read the electronic form of
SUMMARY:
9 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00111
Fmt 4703
Sfmt 4703
34423
all comments received into any FAA
dockets, including the name of the
individual sending the comment (or
signing the comment for an association,
business, labor union, etc.). DOT’s
complete Privacy Act Statement can be
found in the Federal Register published
on April 11, 2000 (65 FR 19477–19478),
as well as at https://DocketsInfo.dot.gov.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or go to the Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Van
L. Kerns, Manager, Regulatory Support
Division, FAA Flight Standards Service,
AFS 600, FAA Mike Monroney
Aeronautical Center P.O. Box 25082
Oklahoma City, OK 73125; telephone
(405) 954–4431, email
van.l.kerns@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
On April 24, 2013, the FAA
established Docket No. FAA–2013–0316
for the purpose of enabling the public to
comment on some draft documents
developed by the Airman Testing
Standards and Training Working Group.
The following documents were placed
in that docket for public review and
comment:
(1) Background Information; IndustryLed Changes to FAA Airman Testing
Standards and Training
(2) Draft PRIVATE PILOT—
AIRPLANE Airman Certification
Standards;
(3) Draft Change Tracking Matrix
referenced to FAA–S–8081–14B, Private
Pilot Practical Test Standards for
Airplane (Single Engine Land and
Single-Engine Sea Areas of Operation);
Section 1: Private Pilot
(4) Draft INSTRUMENT RATING—
Airman Certification Standards; and
(5) Draft Change Tracking Matrix
referenced to FAA–S–8081–4E,
Instrument Rating Practical Test
Standards for Airplane, Helicopter, and
Powered Lift
During the initial 30-day comment
period, which closed on May 24, 2013,
more than 130 individuals and
organizations posted comments on these
documents. The ATSTWG received a
wide range of comments that provided
suggestions on how the ATSTWG could
further improve its draft PRIVATE
PILOT—AIRPLANE and draft
INSTRUMENT RATING Airman
E:\FR\FM\07JNN1.SGM
07JNN1
Agencies
[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Notices]
[Pages 34421-34423]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13505]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-69681; File No. SR-CBOE-2013-056]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the Fees Schedule
June 3, 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 May 20, 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.
---------------------------------------------------------------------------
\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 amend the Fees Schedule. 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
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
[[Page 34422]]
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 Exchange recently amended its Fees Schedule to add to Footnote
25 the statement that any Floor Broker Trading Permit Holder that
executes an average of 15,000 customer open-outcry contracts per day
(``CPD'') over the course of a calendar month in multiply-listed
options classes will receive a rebate of $7,500 on that Floor Broker
Trading Permit Holder's Floor Broker Trading Permit fees (the
``Rebate'').\3\ Footnote 25 describes Floor Broker Trading Permit Fees
and the Floor Broker Trading Permit Sliding Scale, and states that the
Floor Broker Trading Permit Sliding Scale will be available for all
Floor Broker Trading Permits held by affiliated Trading Permit Holders
and TPH organizations.\4\ As such, the Exchange believed that it was
implied that the trading volume of all Floor Broker Trading Permit
Holders affiliated with a single TPH organization would be aggregated
for the purposes of reaching the 15,000-contract threshold, and that
each TPH organization would receive one $7,500 rebate (as opposed to a
rebate for each affiliated Floor Broker Trading Permit Holder that
reached the 15,000-contract threshold).
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 69569 (May 14, 2013)
(SR-CBOE-2013-049).
\4\ See CBOE Fees Schedule, Footnote 25.
---------------------------------------------------------------------------
However, in an effort to make the Rebate program's details clear,
the Exchange now proposes to add the following clarifying language to
the end of Footnote 25: For purposes of determining the rebate, the
qualifying volume of all Floor Broker Trading Permit Holders affiliated
with a single TPH organization will be aggregated, and, if such total
meets or exceeds the 15,000 customer open-outcry contracts per day
threshold in multiply-listed options classes, that TPH organization
will receive a single $7,500 rebate, regardless of the number of Floor
Broker Trading Permits affiliated with that TPH organization. The
purpose of aggregating the qualifying volume of all Floor Broker
Trading Permit Holders affiliated with a single TPH organization is to
make it easier for such TPH organizations that have a number of Floor
Broker Trading Permit Holders affiliated with them to be able to reach
the threshold. The purpose of stipulating that each TPH organization
will receive a single rebate is to ensure that the Rebate program is
economically viable for the Exchange.
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\5\ Specifically, the Exchange believes the proposed rule change is
consistent with Section 6(b)(4) of the Act,\6\ which requires that
Exchange rules provide for the equitable allocation of reasonable dues,
fees, and other charges among its Trading Permit Holders and other
persons using its facilities. The Exchange believes that aggregating
the qualifying volume of all Floor Broker Trading Permit Holders
affiliated with a single TPH organization is reasonable because it will
allow more TPH organizations to reach the threshold and therefore
receive the Rebate. The Exchange believes that this is equitable and
not unfairly discriminatory because it will incentivize TPH
organizations with affiliated Floor Broker Trading Permit Holders to
encourage such Floor Broker Trading Permit Holders to transact more
qualifying volume, which should increase volume, which would benefit
all market participants (including Floor Broker Trading Permit Holders
and TPH organizations with affiliated Floor Broker Trading Permit
Holders who do not hit the 15,000 contracts-per-day threshold (indeed,
this increased volume could make it possible for some such Floor
Brokers and/or TPH organizations to hit the 15,000 contracts-per-day
threshold)). The Exchange believes that it is reasonable to limit TPH
organizations to receiving one $7,500 rebate per month because this is
necessary to ensure that the Rebate program is economically viable for
the Exchange. The Exchange believes that this limitation is equitable
and not unfairly discriminatory because it applies to all qualifying
TPH organizations.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f(b).
\6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. CBOE does not believe that
aggregating the qualifying volume of all Floor Broker Trading Permit
Holders affiliated with a single TPH organization will impose any
burden on intramarket competition that is not necessary or appropriate
in furtherance of the purposes of the Act because it will incentivize
TPH organizations with affiliated Floor Broker Trading Permit Holders
to encourage such Floor Broker Trading Permit Holders to transact more
qualifying volume, which should increase volume, which would benefit
all market participants (including Floor Broker Trading Permit Holders
and TPH organizations with affiliated Floor Broker Trading Permit
Holders who do not hit the 15,000 contracts-per-day threshold (indeed,
this increased volume could make it possible for some such Floor
Brokers and/or TPH organizations to hit the 15,000 contracts-per-day
threshold)). CBOE does not believe that limiting TPH organizations to
receiving one $7,500 rebate per month will impose any burden on
intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act because this limitation applies
to all qualifying TPH organizations.
CBOE does not believe that the proposed rule change will impose any
burden on intermarket competition that is not necessary or appropriate
in furtherance of the purposes of the Act because the proposed changes
only apply to Floor Brokers at CBOE. To the extent that aggregating the
qualifying volume of all Floor Broker Trading Permit Holders affiliated
with a single TPH organization proves attractive to market participants
on other exchanges, such Floor Brokers or market participants may elect
to become Floor Brokers or market participants at CBOE.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange neither solicited nor received comments on the
proposed rule change.
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) of the Act \7\ and paragraph (f) of Rule 19b-4 \8\
thereunder. 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
[[Page 34423]]
Commission takes such action, the Commission will institute proceedings
to determine whether the proposed rule change should be approved or
disapproved.
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\7\ 15 U.S.C. 78s(b)(3)(A).
\8\ 17 CFR 240.19b-4(f).
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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-CBOE-2013-056 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-CBOE-2013-056. 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-CBOE-2013-056 and should be
submitted on or before June 28, 2013.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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\9\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-13505 Filed 6-6-13; 8:45 am]
BILLING CODE 8011-01-P