Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Related to Fees for Use of BATS Exchange, Inc., 56955-56957 [2013-22400]
Download as PDF
Federal Register / Vol. 78, No. 179 / Monday, September 16, 2013 / Notices
By the Commission.
Kevin M. O’Neill,
Deputy Secretary.
with respect to the proposal are
completed.
IV. Solicitation of Comments
[FR Doc. 2013–22405 Filed 9–13–13; 8:45 am]
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing.
Comments may be submitted by any of
the following methods:
BILLING CODE 8011–01–P
Electronic Comments
[Release No. 34–70362; File No. SR–ISE–
2013–42]
• 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–
OCC–2013–805 on the subject line.
Paper Comments
mstockstill on DSK4VPTVN1PROD with NOTICES
All submissions should refer to File
Number SR–OCC–2013–805. 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 of submission. 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 advance notice that
are filed with the Commission, and all
written communications relating to the
advance notice 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 OCC and on OCC’s Web site at
https://www.theocc.com/components/
docs/legal/rules_and_bylaws/sr_occ_13_
805.pdf. 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–OCC–2013–805 and should
be submitted on or before October 7,
2013.
17:46 Sep 13, 2013
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Notice of Designation of a Longer
Period for Commission Action on
Proposed Rule Change to List Options
on the Nations VolDex Index
September 10, 2013.
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
VerDate Mar<15>2010
SECURITIES AND EXCHANGE
COMMISSION
Jkt 229001
On July 17, 2013, International
Securities Exchange, LLC (‘‘Exchange’’)
filed with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
19b–4 thereunder,2 a proposed rule
change to list and trade options on the
Nations VolDex index. The proposed
rule change was published for comment
in the Federal Register on August 2,
2013.3 The Commission received one
comment letter on this proposal.4
Section 19(b)(2) of the Act 5 provides
that within 45 days of the publication of
notice of the filing of a proposed rule
change, or within such longer period up
to 90 days as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or as to which the
self-regulatory organization consents,
the Commission shall either approve the
proposed rule change, disapprove the
proposed rule change, or institute
proceedings to determine whether the
proposed rule change should be
disapproved. The 45th day for this filing
is September 16, 2013. The Commission
is extending this 45-day time period.
The Commission finds it appropriate
to designate a longer period within
which to take action on the proposed
rule change so that it has sufficient time
to consider this proposed rule change,
which would allow the listing of a new
options product, the comment letter that
was submitted in connection with this
proposed rule change, and any response
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 70059
(July 29, 2013), 78 FR 47041.
4 See letter to Elizabeth M. Murphy, Secretary,
Commission, from Edward T. Tilly, Chief Executive
Officer, Chicago Board Options Exchange,
Incorporated, dated August 23, 2013.
5 15 U.S.C. 78s(b)(2).
2 17
PO 00000
Frm 00100
Fmt 4703
Sfmt 4703
56955
to the comment letter submitted by the
Exchange.
Accordingly, the Commission,
pursuant to Section 19(b)(2) of the Act,6
designates October 31, 2013 as the date
by which the Commission should either
approve or disapprove, or institute
proceedings to determine whether to
disapprove, the proposed rule change
(File No. SR–ISE–2013–42).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–22402 Filed 9–13–13; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–70360; File No. SR–BATS–
2013–049]
Self-Regulatory Organizations; BATS
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Related to Fees for Use
of BATS Exchange, Inc.
September 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 August
30, 2013, BATS Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BATS’’) 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 filed a proposal to
amend the fee schedule applicable to
Members 5 and non-members of the
6 15
U.S.C. 78s(b)(2).
CFR 200.30–3(a)(31).
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).
5 A Member is any registered broker or dealer that
has been admitted to membership in the Exchange.
7 17
E:\FR\FM\16SEN1.SGM
16SEN1
56956
Federal Register / Vol. 78, No. 179 / Monday, September 16, 2013 / Notices
Exchange pursuant to BATS Rules
15.1(a) and (c). While changes to the fee
schedule pursuant to this proposal will
be effective upon filing, the changes will
become operative on September 3, 2013.
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
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
mstockstill on DSK4VPTVN1PROD with NOTICES
1. Purpose
The Exchange proposes to modify its
fee schedule applicable to use of the
Exchange effective September 3, 2013,
in order to modify pricing related to
executions that occur on NASDAQ
OMX BX, Inc. (‘‘NASDAQ BX’’) through
the Exchange’s TRIM routing strategy.6
NASDAQ BX implemented certain
pricing changes effective September 3,
2013, including modification from a
highest potential rebate 7 of $0.0014 per
share when removing liquidity to a
highest potential rebate of $0.0013 per
share when removing liquidity. To
maintain a direct pass through of the
applicable economics for TRIM
executions at NASDAQ BX (assuming
the Exchange is able to achieve the
highest potential rebate), the Exchange
proposes to rebate $0.0013 per share for
an order routed through its TRIM
routing strategy and executed on
NASDAQ BX, rather than the rebate of
$0.0014 per share that it currently offers
for such orders. The Exchange is not
proposing any other changes to its
routing fees at this time.
6 As
defined in BATS Rule 11.13(a)(3)(G).
BX maintains a tiered pricing
structure that results in variable rebates and fees
depending on the amount of liquidity added or
removed.
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 the Exchange’s routing fee
for TRIM executions at NASDAQ BX are
equitably allocated, fair and reasonable,
and non-discriminatory in that they are
equally applicable to all Members and
are designed to mirror the rebate
applicable to the execution if such
routed orders were executed directly by
the Member at NASDAQ BX.
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 NASDAQ BX through the
TRIM routing strategy, the proposed fee
change is designed to equal the rebate
that a Member would have received if
such routed orders would have been
executed directly by a Member at
NASDAQ BX.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange has neither solicited
nor received written comments on the
proposed rule change.
7 NASDAQ
VerDate Mar<15>2010
17:46 Sep 13, 2013
Jkt 229001
8 15
9 15
PO 00000
U.S.C. 78f.
U.S.C. 78f(b)(4).
Frm 00101
Fmt 4703
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.
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–
BATS–2013–049 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–BATS–2013–049. 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
10 15
11 17
Sfmt 4703
E:\FR\FM\16SEN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f).
16SEN1
Federal Register / Vol. 78, No. 179 / Monday, September 16, 2013 / Notices
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–BATS–
2013–049 and should be submitted on
or before October 7, 2013.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–22400 Filed 9–13–13; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–70363; File No. SR–EDGX–
2013–33]
Self-Regulatory Organizations; EDGX
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Relating to Amendments
to the EDGX Exchange, Inc. Fee
Schedule
September 10, 2013.
mstockstill on DSK4VPTVN1PROD with NOTICES
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 August
30, 2013, EDGX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘EDGX’’) 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 self-regulatory organization. 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 its
Fee Schedule to: (i) add the Tape B Step
Up Tier; (ii) add the Mega Tier 3; (iii)
move the bullets related to ‘‘added
flags,’’ ‘‘removal flags,’’ and ‘‘routed
flags’’ from the Definitions section to the
General Notes section; and (iv) amend
the phrase ‘‘Step Up’’ to ‘‘Step-Up’’ in
the tiers in Footnote 1. All of the
changes described herein are applicable
to EDGX Members.3 The text of the
proposed rule change is available on the
12 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 As defined in Exchange Rule 1.5(n).
1 15
VerDate Mar<15>2010
17:46 Sep 13, 2013
Jkt 229001
Exchange’s Internet Web site at
www.directedge.com, at the Exchange’s
principal office, and at the Public
Reference Room of the Commission.
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
self-regulatory organization 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 self-regulatory organization 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
Fee Schedule to: (i) add the Tape B Step
Up Tier; (ii) add the Mega Tier 3; (iii)
move the bullets related to ‘‘added
flags,’’ ‘‘removal flags,’’ and ‘‘routed
flags’’ from the Definitions section to the
General Notes section; and (iv) amend
the phrase ‘‘Step Up’’ to ‘‘Step-Up’’ in
the tiers in Footnote 1.
Addition of Tape B Step Up Tier
The Exchange proposes to add a new
tier to its Fee Schedule, the Tape B Step
Up Tier. The Tape B Step Up Tier
would provide a rebate of $0.0025 per
share for orders yielding flags B and 4
(adds liquidity to EDGX in Tape B
securities) to Members that add 600,000
shares in average daily volume (‘‘ADV’’)
in Tape B securities more than the
Member’s August 2013 ADV in Tape B
securities added to EDGX. The
Exchange proposes to remove the word
‘‘Reserved’’ from Footnote 2 to its Fee
Schedule and replace it with the Tape
B Step Up Tier. Furthermore, the
Exchange proposes to append Footnote
2 to flags B and 4, both of which would
qualify for the tiered rebate if a Member
meets the aforementioned requirement.
Addition of the Mega Tier 3
The Exchange proposes to add a new
tier to its Fee Schedule, the Mega Tier
3. The Mega Tier 3 would provide a
rebate of $0.0032 per share for orders
that add liquidity yielding flags B, V, Y,
3, 4 and ZA provided the Member (i)
adds or routes at least 1,500,000 shares
of ADV prior to 9:30 a.m. or after 4:00
p.m. and (ii) adds a minimum of 0.75%
of the total consolidated volume
PO 00000
Frm 00102
Fmt 4703
Sfmt 4703
56957
(‘‘TCV’’) on a daily basis measured
monthly, including during both market
hours and pre- and post-trading hours.
The Exchange proposes to add the Mega
Tier 3 below Mega Tier 2 and above the
Market Depth Tier within the list of
volume tiers in Footnote 1 to its Fee
Schedule.
Amendments to Lists of Added,
Removal and Routed Flags
Currently, the Definitions section in
the Fee Schedule contains three bullets
that contain the list of applicable
‘‘added flags,’’ ‘‘removal flags,’’ and
‘‘routed flags,’’ that may be considered
when calculating whether a Member
satisfied a certain tier. The Exchange
proposes to move the text contained
within each of the three bullets to the
General Notes section. In addition, the
Exchange proposes to re-word the text
of each bullet to improve readability
and remove references to the flags as
defined terms. For example, the
amended bullet regarding added flags
would read as follows: ‘‘Unless
otherwise indicated, the following
added flags are counted towards tiers
. . .’’ The Exchange notes that the list
of added/removal/routed flags
associated with each bullet would
remain unchanged.
Amendment to Step-Up Tiers in
Footnote 1
Currently, the Step-Up Tiers in
Footnote 1 to the Fee Schedule are
lacking a hyphen between the words
‘‘Step’’ and ‘‘Up.’’ The Exchange
proposes to add a hyphen so that each
tier so-titled would no longer be a ‘‘Step
Up’’ tier but a ‘‘Step-Up’’ tier. The
Exchange notes that the criteria
necessary to achieve the tiers and the
rates offered by the tiers would remain
unchanged.
Implementation Date
The Exchange proposes to implement
these amendments to its Fee Schedule
on September 3, 2013.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the objectives of Section 6 of the Act,4
in general, and furthers the objectives of
Section 6(b)(4),5 in particular, as it is
designed to provide for the equitable
allocation of reasonable dues, fees and
other charges among its Members and
other persons using its facilities.
4 15
5 15
E:\FR\FM\16SEN1.SGM
U.S.C. 78f.
U.S.C. 78f(b)(4).
16SEN1
Agencies
[Federal Register Volume 78, Number 179 (Monday, September 16, 2013)]
[Notices]
[Pages 56955-56957]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22400]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-70360; File No. SR-BATS-2013-049]
Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Related to
Fees for Use of BATS Exchange, Inc.
September 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 August 30, 2013, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') 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 filed a proposal to amend the fee schedule applicable
to Members \5\ and non-members of the
[[Page 56956]]
Exchange pursuant to BATS Rules 15.1(a) and (c). While changes to the
fee schedule pursuant to this proposal will be effective upon filing,
the changes will become operative on September 3, 2013.
---------------------------------------------------------------------------
\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 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 September 3, 2013, in order to modify pricing
related to executions that occur on NASDAQ OMX BX, Inc. (``NASDAQ BX'')
through the Exchange's TRIM routing strategy.\6\ NASDAQ BX implemented
certain pricing changes effective September 3, 2013, including
modification from a highest potential rebate \7\ of $0.0014 per share
when removing liquidity to a highest potential rebate of $0.0013 per
share when removing liquidity. To maintain a direct pass through of the
applicable economics for TRIM executions at NASDAQ BX (assuming the
Exchange is able to achieve the highest potential rebate), the Exchange
proposes to rebate $0.0013 per share for an order routed through its
TRIM routing strategy and executed on NASDAQ BX, rather than the rebate
of $0.0014 per share that it currently offers for such orders. The
Exchange is not proposing any other changes to its routing fees at this
time.
---------------------------------------------------------------------------
\6\ As defined in BATS Rule 11.13(a)(3)(G).
\7\ NASDAQ BX maintains a tiered pricing structure that results
in variable rebates and fees depending on the amount of liquidity
added or removed.
---------------------------------------------------------------------------
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 the Exchange's routing fee for TRIM executions at
NASDAQ BX are equitably allocated, fair and reasonable, and non-
discriminatory in that they are equally applicable to all Members and
are designed to mirror the rebate applicable to the execution if such
routed orders were executed directly by the Member at NASDAQ BX.
---------------------------------------------------------------------------
\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 NASDAQ BX through the TRIM
routing strategy, the proposed fee change is designed to equal the
rebate that a Member would have received if such routed orders would
have been executed directly by a Member at NASDAQ BX.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange has neither solicited nor received written 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 \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).
\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-BATS-2013-049 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-BATS-2013-049. 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
[[Page 56957]]
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-BATS-2013-049 and should be submitted on or before
October 7, 2013.
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. 2013-22400 Filed 9-13-13; 8:45 am]
BILLING CODE 8011-01-P