Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Related to Fees for Use of BATS Y-Exchange, Inc., 37638-37640 [2013-14831]
Download as PDF
37638
Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Notices
B. Self-Regulatory Organization’s
Statement on Burden on Competition
Because the market for order
execution is extremely competitive,
Members may choose to preference
other market centers ahead of the
Exchange if they believe that they can
receive better fees or rebates elsewhere.
The Exchange does not believe that the
proposed rule change will result in any
burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act, as amended.
The Exchange believes that its pricing
for the RPI program is appropriately
`
competitive vis-a-vis the Exchange’s
competitors. Further, the Exchange
believes that providing a more straightforward pricing structure will encourage
increased participation in the RPI
program and will continue to
incentivize the entry of aggressively
priced, displayed liquidity, which
fosters intra-market competition to the
benefit of all market participants that
enter orders on the Exchange, including
Retail Orders.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were 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)
of the Act 12 and paragraph (f) of Rule
19b–4 thereunder.13 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.
TKELLEY on DSK3SPTVN1PROD with NOTICES
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:
Number SR–BYX–2013–020 on the
subject line.
SECURITIES AND EXCHANGE
COMMISSION
Paper Comments
[Release No. 34–69776; File No. SR–BYX–
2013–019]
• 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–BYX–2013–020. 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 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–BYX–
2013–020, and should be submitted on
or before July 12, 2013.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–14792 Filed 6–20–13; 8:45 am]
BILLING CODE 8011–01–P
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
12 15
13 17
U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f).
VerDate Mar<15>2010
18:32 Jun 20, 2013
June 17, 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 June 4,
2013, BATS Y-Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BYX’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II and III
below, which Items have been prepared
by the Exchange. The Exchange has
designated the proposed rule change as
one establishing or changing a member
due, fee, or other charge imposed by the
Exchange under Section 19(b)(3)(A)(ii)
of the Act 3 and Rule 19b–4(f)(2)
thereunder,4 which renders the
proposed rule change effective upon
filing with the Commission. 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 the
fee schedule applicable to Members 5
and non-members of the Exchange
pursuant to BYX Rules 15.1(a) and (c).
Changes to the fee schedule pursuant to
this proposal will be effective upon
filing.
The text of the proposed rule change
is available at the Exchange’s Web site
at https://www.batstrading.com, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(ii).
4 17 CFR 240.19b–4(f)(2).
5 A Member is any registered broker or dealer that
has been admitted to membership in the Exchange.
2 17
14 17
Jkt 229001
Self-Regulatory Organizations; BATS
Y-Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Related to Fees for Use
of BATS Y-Exchange, Inc.
PO 00000
CFR 200.30–3(a)(12).
Frm 00135
Fmt 4703
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Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Notices
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 parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
TKELLEY on DSK3SPTVN1PROD with NOTICES
1. Purpose
The Exchange proposes to modify its
fee schedule applicable to use of the
Exchange effective June 4, 2013, in
order to modify pricing related to
executions that occur on EDGA
EXCHANGE, Inc. (‘‘EDGA’’) through
either a BYX + EDGA Destination
Specific Order 6 or through the
Exchange’s TRIM routing strategies.7
EDGA implemented certain pricing
changes effective June 3, 2013,
including modification from a rebate of
$0.0004 per share when removing
liquidity to a rebate of $0.0003 per share
when removing liquidity. To maintain a
direct pass through of the applicable
economics for executions at EDGA, the
Exchange proposes to rebate $0.0003 per
share for an order routed through its
TRIM routing strategies and executed on
EDGA, rather than the rebate of $0.0004
per share that it currently offers for such
orders. Similarly, because EDGA is part
of the Exchange’s ‘‘One Under/Better’’
pricing program for Destination Specific
Orders, the Exchange intends to rebate
$0.0001 per share more than if a
Member executed an order directly on
EDGA. Accordingly, the Exchange
proposes to rebate $0.0004 per share for
an order routed as a Destination Specific
Order to EDGA and executed on EDGA,
which is $0.0001 per share more than
EDGA rebates directly. The Exchange’s
‘‘One Under/Better’’ pricing does not
apply to securities priced below $1.00.
In addition, the Exchange will maintain
the pricing currently charged by the
Exchange for all other Destination
Specific Orders.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the requirements of the Act and the
rules and regulations thereunder that
are applicable to a national securities
exchange, and, in particular, with the
requirements of Section 6 of the Act.8
Specifically, the Exchange believes that
the proposed rule change is consistent
with Section 6(b)(4) of the Act,9 in that
6 As
defined in BYX Rule 11.9(c)(12).
defined in BYX Rule 11.13(a)(3)(G).
8 15 U.S.C. 78f.
9 15 U.S.C. 78f(b)(4).
it provides for the equitable allocation
of reasonable dues, fees and other
charges among members and other
persons using any facility or system
which the Exchange operates or
controls. The Exchange notes that it
operates in a highly competitive market
in which market participants can
readily direct order flow to competing
venues if they deem fee levels at a
particular venue to be excessive. The
Exchange believes that the proposed
changes to certain of the Exchange’s
non-standard routing fees and strategies
are equitably allocated, fair and
reasonable, and non-discriminatory in
that they are equally applicable to all
Members and are designed to mirror or
provide an improvement over the rebate
applicable to the execution if such
routed orders were executed directly by
the Member at EDGA Exchange.
investors, or otherwise in furtherance of
the purposes of the Act.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
The Exchange does not believe that
the proposed rule change will result in
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act, as amended.
Because the market for order execution
is extremely competitive, Members may
readily opt to disfavor the Exchange’s
routing services if they believe that
alternatives offer them better value. For
orders routed through the Exchange and
executed at EDGA Exchange, the
proposed fee change is designed to
equal or exceed the rebate that a
Member would have received if such
routed orders would have been executed
directly by a Member at EDGA
Exchange.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were 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)
of the Act 10 and paragraph (f) of Rule
19b–4 thereunder.11 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
7 As
VerDate Mar<15>2010
18:32 Jun 20, 2013
Jkt 229001
37639
10 15
11 17
PO 00000
U.S.C. 78s(b)(3)(A)(ii).
CFR 240.19b–4(f).
Frm 00136
Fmt 4703
Sfmt 4703
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
Number SR–BYX–2013–019 on the
subject line.
Paper Comments
All submissions should refer to File
Number SR–BYX–2013–019. 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 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–BYX–
2013–019 and should be submitted on
or before July 12, 2013.
E:\FR\FM\21JNN1.SGM
21JNN1
37640
Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–14831 Filed 6–20–13; 8:45 am]
(A) Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[(Release No. 34–69771; File No. SR–OCC–
2013–09]
Self-Regulatory Organizations; The
Options Clearing Corporation; Notice
of Filing of Proposed Rule Change, as
Modified by Amendment No. 1, To
Separate the Powers and Duties
Currently Combined in the Office of
OCC’s Chairman Into Two Offices,
Executive Chairman and President,
and Create an Additional Directorship
To Be Occupied by the President
June 17, 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 June 4,
2013, The Options Clearing Corporation
(‘‘OCC’’) 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 OCC. On June
10, 2013, OCC filed Amendment No. 1
to the proposed rule change.3 The
Commission is publishing this notice to
solicit comments on the proposed rule
change, as modified by Amendment No.
1, from interested persons.
TKELLEY on DSK3SPTVN1PROD with NOTICES
I. Clearing Agency’s Statement of the
Terms of Substance of the Proposed
Rule Change
OCC proposes to separate the powers
and duties currently combined in the
office of OCC’s Chairman into two
offices, Executive Chairman and
President, and create an additional
directorship to be occupied by the
President.
II. Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
In its filing with the Commission,
OCC 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
12 17
may be examined at the places specified
in Item IV below. OCC has prepared
summaries, set forth in sections (A), (B),
and (C) below, of the most significant
aspects of these statements.
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 Amendment No. 1 modified Exhibit 3A to the
original filing to correct an erroneous reference
contained therein.
The purpose of this proposed rule
change is to provide for separation of
the powers and duties currently
combined in the office of OCC’s
Chairman into two offices, Executive
Chairman and President, and create an
additional directorship to be occupied
by the President. These changes resulted
from a review of the structure of OCC’s
Board, with particular consideration
given to the trend in many corporations
toward separating the positions of Chief
Executive Officer and Chairman of the
Board. OCC’s Board of Directors
ultimately determined that as a
corporate governance matter dividing
the powers and duties of the Chairman
into two positions was desirable. Under
the proposal, the Executive Chairman
would be responsible for the control
functions of OCC, including enterprise
risk management, internal audit and
compliance, as well as for external
affairs, and for presiding at all meetings
of the Board and the stockholders. The
President would report to the Chairman
and be responsible for all aspects of
OCC’s business that do not report
directly to the Chairman. OCC intends
that the President, who would be OCC’s
Chief Executive Officer,4 would focus
on the effectiveness of OCC’s day-to-day
operations, as well as strategic
initiatives for the future, while the
Chairman would provide objective
oversight over the entire organization,
including the President.
OCC believes that the proposed
change would enhance oversight of
management because the Chairman will
be independent of most management
functions. The separation would also
avoid concentrating too much power
over OCC’s operations in the hands of
a single individual, and heighten
accountability of management to the
Board. Furthermore, the Board of
Directors found that separation of these
offices would better align OCC’s
governance structure with global
standards for financial services
organizations.
While OCC’s Board of Directors
determined that its Chairman should no
longer function as its chief executive
1 15
VerDate Mar<15>2010
18:32 Jun 20, 2013
Jkt 229001
4 While the By-Laws would make it clear that the
President is OCC’s Chief Executive Officer, for
simplicity the officer in question would be referred
to only as the ‘‘President.’’
PO 00000
Frm 00137
Fmt 4703
Sfmt 4703
officer, in light of OCC’s status as a
registered clearing organization and
designated clearing organization, it
concluded that the Chairman should
have executive responsibilities relating
to risk management, compliance and
similar issues. The Board of Directors
believes that the Chairman’s direct
oversight of these control functions will
increase independence by limiting
management’s influence over them.5
The Board also believes that the
significance of these control functions
for a clearing organization warrants fulltime oversight, which can only be
provided by an executive of OCC.
To reflect the above changes in its
governance structure, OCC is proposing
to revise Section 7 of Article III of its
By-Laws to include OCC’s President as
a Management Director, along with
OCC’s Chairman. Accordingly, Sections
1, 7 and 12 of Article III will also be
amended to reflect the existence of an
additional Management Director.
Furthermore, OCC proposes to amend
Section 15 of Article III to grant the
President the same authority to act in
the case of an emergency as the
Chairman and, consequently, OCC also
proposes to remove the President as one
of the ‘‘Designated Officers’’ to whom
such authority would devolve if certain
enumerated officers are unavailable.
Section 3 of Article III would also be
amended to clarify the timing of the
annual meetings at which the initial
election of each class of Member
Directors in fact occurred.
OCC is proposing to revise Article IV
of its By-Laws to include references to
the President in certain provisions
governing OCC’s officers. In particular,
Section 8 of Article IV would no longer
give the Board the option of electing a
President, but would make such office
required, and, accordingly, Section 1 of
Article IV would include the President,
along with the Chairman, as an officer
elected by the Board of Directors.
Sections 6 and 8 would also be
amended to specify the Chairman’s
duties and the President’s duties,
respectively, as described above. OCC
also proposes to amend Sections 2, 3
and 13 of Article IV to provide that, like
the Chairman, the President may
appoint and remove certain officers and
5 The proposed structure of OCC’s Board,
including the utilization of an executive chairman,
is similar to that employed by the Depository Trust
& Clearing Corporation and CME Group Inc. See
Article III of the Depository Trust & Clearing
Corporation’s By-Laws, effective April 2012,
available at https://www.dtcc.com/legal/rules_proc/
dtc_rules.pdf, and Article V of CME Group Inc.’s
Tenth Amended and Restated By-Laws, effective as
of April 17, 2013, available at https://
investor.cmegroup.com/investor-relations/
groupBylaws.cfm).
E:\FR\FM\21JNN1.SGM
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Agencies
[Federal Register Volume 78, Number 120 (Friday, June 21, 2013)]
[Notices]
[Pages 37638-37640]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14831]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-69776; File No. SR-BYX-2013-019]
Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Related to
Fees for Use of BATS Y-Exchange, Inc.
June 17, 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 June 4, 2013, BATS Y-Exchange, Inc. (the ``Exchange'' or
``BYX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. 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.
\3\ 15 U.S.C. 78s(b)(3)(A)(ii).
\4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change
The Exchange proposes to amend the fee schedule applicable to
Members \5\ and non-members of the Exchange pursuant to BYX Rules
15.1(a) and (c). Changes to the fee schedule pursuant to this proposal
will be effective upon filing.
---------------------------------------------------------------------------
\5\ A Member is any registered broker or dealer that has been
admitted to membership in the Exchange.
---------------------------------------------------------------------------
The text of the proposed rule change is available at the Exchange's
Web site at https://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these
[[Page 37639]]
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 parts 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 proposes to modify its fee schedule applicable to use
of the Exchange effective June 4, 2013, in order to modify pricing
related to executions that occur on EDGA EXCHANGE, Inc. (``EDGA'')
through either a BYX + EDGA Destination Specific Order \6\ or through
the Exchange's TRIM routing strategies.\7\ EDGA implemented certain
pricing changes effective June 3, 2013, including modification from a
rebate of $0.0004 per share when removing liquidity to a rebate of
$0.0003 per share when removing liquidity. To maintain a direct pass
through of the applicable economics for executions at EDGA, the
Exchange proposes to rebate $0.0003 per share for an order routed
through its TRIM routing strategies and executed on EDGA, rather than
the rebate of $0.0004 per share that it currently offers for such
orders. Similarly, because EDGA is part of the Exchange's ``One Under/
Better'' pricing program for Destination Specific Orders, the Exchange
intends to rebate $0.0001 per share more than if a Member executed an
order directly on EDGA. Accordingly, the Exchange proposes to rebate
$0.0004 per share for an order routed as a Destination Specific Order
to EDGA and executed on EDGA, which is $0.0001 per share more than EDGA
rebates directly. The Exchange's ``One Under/Better'' pricing does not
apply to securities priced below $1.00. In addition, the Exchange will
maintain the pricing currently charged by the Exchange for all other
Destination Specific Orders.
---------------------------------------------------------------------------
\6\ As defined in BYX Rule 11.9(c)(12).
\7\ As defined in BYX Rule 11.13(a)(3)(G).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\8\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\9\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls. The Exchange notes that it operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive. The Exchange believes that the
proposed changes to certain of the Exchange's non-standard routing fees
and strategies are equitably allocated, fair and reasonable, and non-
discriminatory in that they are equally applicable to all Members and
are designed to mirror or provide an improvement over the rebate
applicable to the execution if such routed orders were executed
directly by the Member at EDGA Exchange.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f.
\9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
Because the market for order execution is extremely competitive,
Members may readily opt to disfavor the Exchange's routing services if
they believe that alternatives offer them better value. For orders
routed through the Exchange and executed at EDGA Exchange, the proposed
fee change is designed to equal or exceed the rebate that a Member
would have received if such routed orders would have been executed
directly by a Member at EDGA Exchange.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were 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) of the Act \10\ and paragraph (f) of Rule 19b-4
thereunder.\11\ 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.
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78s(b)(3)(A)(ii).
\11\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------
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-BYX-2013-019 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-BYX-2013-019. 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 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-BYX-2013-019 and should be
submitted on or before July 12, 2013.
[[Page 37640]]
For the Commission, by the Division of Trading and Markets, pursuant
to delegated authority.\12\
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\12\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-14831 Filed 6-20-13; 8:45 am]
BILLING CODE 8011-01-P