Joint Industry Plan; Notice of Filing of Amendment No. 30 to the Joint Self-Regulatory Organization Plan Governing the Collection, Consolidation and Dissemination of Quotation and Transaction Information for Nasdaq-Listed Securities Traded on Exchanges on an Unlisted Trading Privileges Basis Submitted by the BATS Exchange, Inc., BATS Y-Exchange, Inc., Chicago Board Options Exchange, Incorporated, Chicago Stock Exchange, Inc., EDGA Exchange, Inc., EDGX Exchange, Inc., Financial Industry Regulatory Authority, Inc., International Securities Exchange LLC, NASDAQ OMX BX, Inc., NASDAQ OMX PHLX LLC, Nasdaq Stock Market LLC, National Stock Exchange, Inc., New York Stock Exchange LLC, NYSE MKT LLC, and NYSE Arca, Inc., 58352-58354 [2013-23010]
Download as PDF
58352
Federal Register / Vol. 78, No. 184 / Monday, September 23, 2013 / Notices
hours per portfolio. Given that filings on
Form N–CSR are filed semi-annually,
filings on Form N–CSR require 14.42
hours per portfolio each year. The total
annual hour burden for Form N–CSR,
therefore, is estimated to be 177,799
hours. The estimated total annual cost
burden to respondents for outside
professionals associated with the
collection of data relating to Form N–
CSR is $3,189,771.
The information collection
requirements imposed by Form N–CSR
are mandatory. Responses to the
collection of information will not be
kept confidential. An agency may not
conduct or sponsor, and a person is not
required to respond to a collection of
information unless it displays a
currently valid control number.
The public may view the background
documentation for this information
collection at the following Web site,
www.reginfo.gov. Comments should be
directed to: (i) Desk Officer for the
Securities and Exchange Commission,
Office of Information and Regulatory
Affairs, Office of Management and
Budget, Room 10102, New Executive
Office Building, Washington, DC 20503,
or by sending an email to: Shagufta_
Ahmed@omb.eop.gov; and (ii) Thomas
Bayer, Chief Information Officer,
Securities and Exchange Commission,
c/o Remi Pavlik-Simon, 100 F Street
NE., Washington, DC 20549 or send an
email to: PRA_Mailbox@sec.gov.
Comments must be submitted to OMB
within 30 days of this notice.
Dated: September 17, 2013.
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–23012 Filed 9–20–13; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–70429; File No. S7–24–89]
Joint Industry Plan; Notice of Filing of
Amendment No. 30 to the Joint SelfRegulatory Organization Plan
Governing the Collection,
Consolidation and Dissemination of
Quotation and Transaction Information
for Nasdaq-Listed Securities Traded on
Exchanges on an Unlisted Trading
Privileges Basis Submitted by the
BATS Exchange, Inc., BATS YExchange, Inc., Chicago Board
Options Exchange, Incorporated,
Chicago Stock Exchange, Inc., EDGA
Exchange, Inc., EDGX Exchange, Inc.,
Financial Industry Regulatory
Authority, Inc., International Securities
Exchange LLC, NASDAQ OMX BX, Inc.,
NASDAQ OMX PHLX LLC, Nasdaq
Stock Market LLC, National Stock
Exchange, Inc., New York Stock
Exchange LLC, NYSE MKT LLC, and
NYSE Arca, Inc.
September 17, 2013.
Pursuant to Section 11A of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 608 thereunder,2
notice is hereby given that on
September 9, 2013, the operating
committee (‘‘Operating Committee’’ or
‘‘Committee’’) 3 of the Joint SelfRegulatory Organization Plan Governing
the Collection, Consolidation, and
Dissemination of Quotation and
Transaction Information for NasdaqListed Securities Traded on Exchanges
on an Unlisted Trading Privilege Basis
(‘‘Nasdaq/UTP Plan’’ or ‘‘Plan’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) an
amendment to the Plan.4 This
amendment represents Amendment No.
1 15
U.S.C. 78k–1.
CFR 242.608.
3 The Plan Participants (collectively,
‘‘Participants’’) are the: BATS Exchange, Inc.; BATS
Y-Exchange, Inc.; Chicago Board Options Exchange,
Incorporated; Chicago Stock Exchange, Inc.; EDGA
Exchange, Inc.; EDGX Exchange, Inc.; Financial
Industry Regulatory Authority, Inc.; International
Securities Exchange LLC; NASDAQ OMX BX, Inc.;
NASDAQ OMX PHLX LLC; Nasdaq Stock Market
LLC; National Stock Exchange, Inc.; New York
Stock Exchange LLC; NYSE MKT LLC; and NYSE
Arca, Inc.
4 The Plan governs the collection, processing, and
dissemination on a consolidated basis of quotation
information and transaction reports in Eligible
Securities for each of its Participants. This
consolidated information informs investors of the
current quotation and recent trade prices of Nasdaq
securities. It enables investors to ascertain from one
data source the current prices in all the markets
trading Nasdaq securities. The Plan serves as the
required transaction reporting plan for its
Participants, which is a prerequisite for their
trading Eligible Securities. See Securities Exchange
Act Release No. 55647 (April 19, 2007), 72 FR
20891 (April 26, 2007).
emcdonald on DSK67QTVN1PROD with NOTICES
2 17
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30 (‘‘Amendment No. 30’’) 5 to the Plan
and proposes to remove odd-lot
transactions from the list of transactions
that are not to be reported for inclusion
on the consolidated tape. The
Commission is publishing this notice to
solicit comments from interested
persons.
I. Rule 608(a)
A. Purpose of the Amendments
Currently, Section XIII(B)
(Transaction Reports) of the Nasdaq/
UTP Plan provides that ‘‘Each
Participant shall, during the time it is
open for trading, be responsible
promptly to collect and transmit to the
Processor Transaction Reports in
Eligible Securities executed in its
Market by means prescribed herein.’’
However, that section goes on to say
that ‘‘The following types of
transactions are not required to be
reported to the Processor pursuant to
the Plan.’’ That list includes odd-lot
transactions.
Because odd-lot transactions account
for a not insignificant percentage of
trading volume, the Participants have
determined that including odd-lot
transactions on the consolidated tape of
Nasdaq/UTP Plan last sale prices would
add post-trade transparency to the
marketplace.
This amendment proposes to add
odd-lot transactions to the consolidated
tape by removing them from Section
XIII(B)’s list of transactions that are not
required to be reported for inclusion on
the consolidated tape.
Due to the lack of economic
significance of many individual odd-lot
orders, the Participants do not propose
to include odd-lot transactions in
calculations of last sale prices.
Therefore, odd-lot transactions would
not be included in calculations of high
and low prices and would not be subject
to Limit Up/Limit Down rules.
Similarly, including odd-lot
transactions on the consolidated tape
would not trigger short sale restrictions
or trading halts. However, odd-lot
transactions would be included in
calculations of daily consolidated
volume.
5 The proposal was originally designated as
Amendment No. 31. See Letter from Thomas P.
Knorring, Chairman, Nasdaq/UTP Plan Operating
Committee to Elizabeth M. Murphy, Secretary,
Commission, dated September 9, 2013
(‘‘Transmittal Letter’’). On September 17, 2013, the
Participants filed a letter to re-designate the
proposal as Amendment No. 30 and to correct a
marking error in the Plan language. See Letter from
Thomas P. Knorring, Chairman, Nasdaq/UTP Plan
Operating Committee to Katherine A. England,
Assistant Director, Division of Trading and Markets,
Commission, dated September 17, 2013.
E:\FR\FM\23SEN1.SGM
23SEN1
Federal Register / Vol. 78, No. 184 / Monday, September 23, 2013 / Notices
For purposes of allocating revenue
among the Participants under the
Nasdaq/UTP Plan, the Participants
would include odd-lot transactions in
the Security Income Allocation for each
Eligible Security under Paragraph 2
(Security Income Allocation) of Exhibit
1 to the Nasdaq/UTP Plan. Just as with
round lot transactions, an odd-lot
transaction with a dollar value of $5000
or more would constitute one qualified
transaction report and an odd-lot
transaction with a dollar value of less
than $5000 would constitute a fraction
of a qualified transaction report that
equals the dollar value of the
transaction report divided by $5000.
The Participants do not anticipate that
this will produce a significant shift in
revenue allocation among the
Participants. This treatment of odd-lot
transactions for revenue allocation
purposes does not require a change to
the language of Exhibit 1 to the Nasdaq/
UTP Plan.
to interpretation of the Plan as a result
of the amendment.
B. Governing or Constituent Documents
L. Dispute Resolution
All of the Participants have
manifested their approval of the
proposed amendment by means of their
execution of the amendments. Subject to
Commission approval of the
Amendment, the Participants intend to
add odd-lot transactions to the
consolidated tape under the Plan
commencing October 21, 2013.
D. Development and Implementation
Phases
E. Analysis of Impact on Competition
The proposed amendment does not
impose any burden on competition that
is not necessary or appropriate in
furtherance of the purposes of the
Exchange Act. This change is being
proposed and implemented in parallel
with similar changes to the national
market system plan governing the
trading of stocks listed on NYSE, Amex,
and other markets (i.e., the CTA Plan).
The Participants do not believe that the
proposed plan amendment introduces
terms that are unreasonably
discriminatory for the purposes of
Section 11A(c)(1)(D) of the Act.6
emcdonald on DSK67QTVN1PROD with NOTICES
Not applicable.
I. Terms and Conditions of Access
Not applicable.
J. Method of Determination and
Imposition, and Amount of, Fees and
Charges
Not applicable.
K. Method and Frequency of Processor
Evaluation
Not applicable.
A. Equity Securities for which
Transaction Reports Shall Be Required
by the Plan
Not applicable.
B. Reporting Requirements
As a result of the amendment, each
Participant would be required to report
odd-lot transactions to the Nasdaq/UTP
Plan’s Processor for inclusion in the
consolidated tape.
C. Manner of Collecting, Processing,
Sequencing, Making Available and
Disseminating Last Sale Information
Not applicable.
F. Written Understanding or Agreements
relating to Interpretation of, or
Participation in, Plan
The Participants have no written
understandings or agreements relating
Not applicable.
D. Manner of Consolidation
Odd-lot transactions would not be
eligible for inclusion in calculations of
last sale prices and would not be
included in calculations of high and low
prices. However, odd-lot transactions
would be included in calculations of
daily consolidated volume.
E. Standards and Methods Ensuring
Promptness, Accuracy and
Completeness of Transaction Reports
Not applicable.
F. Rules and Procedures Addressed to
Fraudulent or Manipulative
Dissemination
Not applicable.
G. Terms of Access to Transaction
Reports
Not applicable.
U.S.C. 78k–1(c)(1)(D).
20:16 Sep 20, 2013
H. Description of Operation of Facility
Contemplated by the Proposed
Amendment
II. Rule 601(a)
C. Implementation of Amendment
VerDate Mar<15>2010
Each of the Plan’s Participants has
executed a written amendment to the
Plan.
Not applicable.
Not applicable.
6 15
G. Approval by Sponsors in Accordance
with Plan
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Frm 00087
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Sfmt 4703
58353
H. Identification of Marketplace of
Execution
Not Applicable.
III. Solicitation of Comments
The Commission seeks general
comments on Amendment No. 30.
Interested persons are invited to submit
written data, views, and arguments
concerning the foregoing, including
whether the proposal is consistent with
the Act. Comments may be submitted by
any of the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number S7–
24–89 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
All submissions should refer to File
Number S7–24–89. This file number
should be included on the subject line
if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Web site (https://www.sec.gov/rules/
sro.shtml). Copies of the submission, all
written statements with respect to the
proposed Plan Amendment that are
filed with the Commission, and all
written communications relating to the
proposed Plan Amendment between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 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 Web site
viewing and printing at the Office of the
Secretary of the Committee, currently
located at the CBOE, 400 S. LaSalle
Street, Chicago, IL 60605. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number S7–24–89
and should be submitted on or before
October 15, 2013.
E:\FR\FM\23SEN1.SGM
23SEN1
58354
Federal Register / Vol. 78, No. 184 / Monday, September 23, 2013 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–23010 Filed 9–20–13; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
For further information and to
ascertain what, if any, matters have been
added, deleted or postponed, please
contact the Office of the Secretary at
(202) 551–5400.
Dated: September 18, 2013.
Elizabeth M. Murphy,
Secretary.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
appointment cost for options on the
iShares Russell 2000 Index Fund (IWM).
The text of the proposed rule change is
provided below. (Additions are
italicized; deletions are [bracketed].)
*
*
*
*
*
[FR Doc. 2013–23101 Filed 9–19–13; 11:15 am]
Sunshine Act Meeting
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold a Closed Meeting
on Wednesday, September 25, 2013 at
10:00 a.m.
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the Closed Meeting. Certain
staff members who have an interest in
the matters also may be present.
The General Counsel of the
Commission, or her designee, has
certified that, in her opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)
and 17 CFR 200.402(a)(3), (5), (7), 9(ii)
and (10), permit consideration of the
scheduled matter at the Closed Meeting.
Commissioner Aguilar, as duty
officer, voted to consider the items
listed for the Closed Meeting in a closed
session.
The subject matter of the Closed
Meeting will be:
Institution and settlement of injunctive
actions;
Institution and settlement of
administrative proceedings; and
Other matters relating to enforcement
proceedings.
Chicago Board Options Exchange,
Incorporated Rules
BILLING CODE 8011–01–P
*
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–70424; File No. SR–CBOE–
2013–088]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change Relating to the
Appointment Cost of IWM Options
September 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
September 13, 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 and II
below, which Items have been prepared
by the Exchange. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
*
*
*
*
Rule 8.3. Appointment of MarketMakers
(a)–(b) No change.
(c) Market-Maker Appointments.
Absent an exemption by the Exchange,
an appointment of a Market-Maker
confers the right to quote electronically
and in open outcry in the MarketMaker’s appointed classes as described
below. Subject to paragraph (e) below, a
Market-Maker may change its appointed
classes upon advance notification to the
Exchange in a form and manner
prescribed by the Exchange.
(i) Hybrid Classes. Subject to
paragraphs (c)(iv) and (e) below, a
Market-Maker can create a Virtual
Trading Crowd (‘‘VTC’’) appointment,
which confers the right to quote
electronically in an appropriate number
of Hybrid classes (as defined in Rule
1.1(aaa)) selected from ‘‘tiers’’ that have
been structured according to trading
volume statistics, except for the AA tier.
All classes within a specific tier will be
assigned an ‘‘appointment cost’’
depending upon its tier location. The
following table sets forth the tiers and
related appointment costs.
Appointment
cost
Hybrid options classes
AA ...
emcdonald on DSK67QTVN1PROD with NOTICES
Tier
• Options on the CBOE Volatility Index (VIX) .........................................................................................................................
• Options on the iShares Russell 2000 Index Fund (IWM) .....................................................................................................
• Options on the NASDAQ 100 Index (NDX) ..........................................................................................................................
• Options on the S&P 100 (OEX) ............................................................................................................................................
• Options on Standard & Poor’s Depositary Receipts (SPY) ..................................................................................................
• Options on the Russell 2000 Index (RUT) ...........................................................................................................................
• Options on the S&P 100 (XEO) ............................................................................................................................................
• Morgan Stanley Retail Index Options (MVR) ........................................................................................................................
• Options on the iPath S&P 500 VIX Short-Term Futures Index ETN (VXX) .........................................................................
• P.M.—Settled options on the Standard & Poor’s 500 (SPXPM) ..........................................................................................
Hybrid Classes 1–60 .................................................................................................................................................................
Hybrid Classes 61–120 .............................................................................................................................................................
Hybrid Classes 121–345 ...........................................................................................................................................................
Hybrid Classes 346–570 ...........................................................................................................................................................
Hybrid Classes 571–999 ...........................................................................................................................................................
All Remaining Hybrid Classes ..................................................................................................................................................
A * ...
B * ...
C * ...
D * ...
E * ...
F * ....
* Excludes Tier AA.
7 17
CFR 200.30–3(a)(27).
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20:16 Sep 20, 2013
1 15
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Agencies
[Federal Register Volume 78, Number 184 (Monday, September 23, 2013)]
[Notices]
[Pages 58352-58354]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23010]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-70429; File No. S7-24-89]
Joint Industry Plan; Notice of Filing of Amendment No. 30 to the
Joint Self-Regulatory Organization Plan Governing the Collection,
Consolidation and Dissemination of Quotation and Transaction
Information for Nasdaq-Listed Securities Traded on Exchanges on an
Unlisted Trading Privileges Basis Submitted by the BATS Exchange, Inc.,
BATS Y-Exchange, Inc., Chicago Board Options Exchange, Incorporated,
Chicago Stock Exchange, Inc., EDGA Exchange, Inc., EDGX Exchange, Inc.,
Financial Industry Regulatory Authority, Inc., International Securities
Exchange LLC, NASDAQ OMX BX, Inc., NASDAQ OMX PHLX LLC, Nasdaq Stock
Market LLC, National Stock Exchange, Inc., New York Stock Exchange LLC,
NYSE MKT LLC, and NYSE Arca, Inc.
September 17, 2013.
Pursuant to Section 11A of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 608 thereunder,\2\ notice is hereby given that
on September 9, 2013, the operating committee (``Operating Committee''
or ``Committee'') \3\ of the Joint Self-Regulatory Organization Plan
Governing the Collection, Consolidation, and Dissemination of Quotation
and Transaction Information for Nasdaq-Listed Securities Traded on
Exchanges on an Unlisted Trading Privilege Basis (``Nasdaq/UTP Plan''
or ``Plan'') filed with the Securities and Exchange Commission
(``Commission'') an amendment to the Plan.\4\ This amendment represents
Amendment No. 30 (``Amendment No. 30'') \5\ to the Plan and proposes to
remove odd-lot transactions from the list of transactions that are not
to be reported for inclusion on the consolidated tape. The Commission
is publishing this notice to solicit comments from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78k-1.
\2\ 17 CFR 242.608.
\3\ The Plan Participants (collectively, ``Participants'') are
the: BATS Exchange, Inc.; BATS Y-Exchange, Inc.; Chicago Board
Options Exchange, Incorporated; Chicago Stock Exchange, Inc.; EDGA
Exchange, Inc.; EDGX Exchange, Inc.; Financial Industry Regulatory
Authority, Inc.; International Securities Exchange LLC; NASDAQ OMX
BX, Inc.; NASDAQ OMX PHLX LLC; Nasdaq Stock Market LLC; National
Stock Exchange, Inc.; New York Stock Exchange LLC; NYSE MKT LLC; and
NYSE Arca, Inc.
\4\ The Plan governs the collection, processing, and
dissemination on a consolidated basis of quotation information and
transaction reports in Eligible Securities for each of its
Participants. This consolidated information informs investors of the
current quotation and recent trade prices of Nasdaq securities. It
enables investors to ascertain from one data source the current
prices in all the markets trading Nasdaq securities. The Plan serves
as the required transaction reporting plan for its Participants,
which is a prerequisite for their trading Eligible Securities. See
Securities Exchange Act Release No. 55647 (April 19, 2007), 72 FR
20891 (April 26, 2007).
\5\ The proposal was originally designated as Amendment No. 31.
See Letter from Thomas P. Knorring, Chairman, Nasdaq/UTP Plan
Operating Committee to Elizabeth M. Murphy, Secretary, Commission,
dated September 9, 2013 (``Transmittal Letter''). On September 17,
2013, the Participants filed a letter to re-designate the proposal
as Amendment No. 30 and to correct a marking error in the Plan
language. See Letter from Thomas P. Knorring, Chairman, Nasdaq/UTP
Plan Operating Committee to Katherine A. England, Assistant
Director, Division of Trading and Markets, Commission, dated
September 17, 2013.
---------------------------------------------------------------------------
I. Rule 608(a)
A. Purpose of the Amendments
Currently, Section XIII(B) (Transaction Reports) of the Nasdaq/UTP
Plan provides that ``Each Participant shall, during the time it is open
for trading, be responsible promptly to collect and transmit to the
Processor Transaction Reports in Eligible Securities executed in its
Market by means prescribed herein.'' However, that section goes on to
say that ``The following types of transactions are not required to be
reported to the Processor pursuant to the Plan.'' That list includes
odd-lot transactions.
Because odd-lot transactions account for a not insignificant
percentage of trading volume, the Participants have determined that
including odd-lot transactions on the consolidated tape of Nasdaq/UTP
Plan last sale prices would add post-trade transparency to the
marketplace.
This amendment proposes to add odd-lot transactions to the
consolidated tape by removing them from Section XIII(B)'s list of
transactions that are not required to be reported for inclusion on the
consolidated tape.
Due to the lack of economic significance of many individual odd-lot
orders, the Participants do not propose to include odd-lot transactions
in calculations of last sale prices. Therefore, odd-lot transactions
would not be included in calculations of high and low prices and would
not be subject to Limit Up/Limit Down rules. Similarly, including odd-
lot transactions on the consolidated tape would not trigger short sale
restrictions or trading halts. However, odd-lot transactions would be
included in calculations of daily consolidated volume.
[[Page 58353]]
For purposes of allocating revenue among the Participants under the
Nasdaq/UTP Plan, the Participants would include odd-lot transactions in
the Security Income Allocation for each Eligible Security under
Paragraph 2 (Security Income Allocation) of Exhibit 1 to the Nasdaq/UTP
Plan. Just as with round lot transactions, an odd-lot transaction with
a dollar value of $5000 or more would constitute one qualified
transaction report and an odd-lot transaction with a dollar value of
less than $5000 would constitute a fraction of a qualified transaction
report that equals the dollar value of the transaction report divided
by $5000. The Participants do not anticipate that this will produce a
significant shift in revenue allocation among the Participants. This
treatment of odd-lot transactions for revenue allocation purposes does
not require a change to the language of Exhibit 1 to the Nasdaq/UTP
Plan.
B. Governing or Constituent Documents
Not applicable.
C. Implementation of Amendment
All of the Participants have manifested their approval of the
proposed amendment by means of their execution of the amendments.
Subject to Commission approval of the Amendment, the Participants
intend to add odd-lot transactions to the consolidated tape under the
Plan commencing October 21, 2013.
D. Development and Implementation Phases
Not applicable.
E. Analysis of Impact on Competition
The proposed amendment does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Exchange Act. This change is being proposed and implemented in
parallel with similar changes to the national market system plan
governing the trading of stocks listed on NYSE, Amex, and other markets
(i.e., the CTA Plan). The Participants do not believe that the proposed
plan amendment introduces terms that are unreasonably discriminatory
for the purposes of Section 11A(c)(1)(D) of the Act.\6\
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78k-1(c)(1)(D).
---------------------------------------------------------------------------
F. Written Understanding or Agreements relating to Interpretation of,
or Participation in, Plan
The Participants have no written understandings or agreements
relating to interpretation of the Plan as a result of the amendment.
G. Approval by Sponsors in Accordance with Plan
Each of the Plan's Participants has executed a written amendment to
the Plan.
H. Description of Operation of Facility Contemplated by the Proposed
Amendment
Not applicable.
I. Terms and Conditions of Access
Not applicable.
J. Method of Determination and Imposition, and Amount of, Fees and
Charges
Not applicable.
K. Method and Frequency of Processor Evaluation
Not applicable.
L. Dispute Resolution
Not applicable.
II. Rule 601(a)
A. Equity Securities for which Transaction Reports Shall Be Required by
the Plan
Not applicable.
B. Reporting Requirements
As a result of the amendment, each Participant would be required to
report odd-lot transactions to the Nasdaq/UTP Plan's Processor for
inclusion in the consolidated tape.
C. Manner of Collecting, Processing, Sequencing, Making Available and
Disseminating Last Sale Information
Not applicable.
D. Manner of Consolidation
Odd-lot transactions would not be eligible for inclusion in
calculations of last sale prices and would not be included in
calculations of high and low prices. However, odd-lot transactions
would be included in calculations of daily consolidated volume.
E. Standards and Methods Ensuring Promptness, Accuracy and Completeness
of Transaction Reports
Not applicable.
F. Rules and Procedures Addressed to Fraudulent or Manipulative
Dissemination
Not applicable.
G. Terms of Access to Transaction Reports
Not applicable.
H. Identification of Marketplace of Execution
Not Applicable.
III. Solicitation of Comments
The Commission seeks general comments on Amendment No. 30.
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposal is
consistent with the Act. Comments may be submitted by any of the
following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number S7-24-89 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number S7-24-89. This file number
should be included on the subject line if email is used. To help the
Commission process and review your comments more efficiently, please
use only one method. The Commission will post all comments on the
Commission's Web site (https://www.sec.gov/rules/sro.shtml). Copies of
the submission, all written statements with respect to the proposed
Plan Amendment that are filed with the Commission, and all written
communications relating to the proposed Plan Amendment between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for Web site viewing and printing in the Commission's Public
Reference Room, 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 Web site viewing and printing at
the Office of the Secretary of the Committee, currently located at the
CBOE, 400 S. LaSalle Street, Chicago, IL 60605. All comments received
will be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number S7-24-89 and should be submitted on or
before October 15, 2013.
[[Page 58354]]
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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\7\ 17 CFR 200.30-3(a)(27).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-23010 Filed 9-20-13; 8:45 am]
BILLING CODE 8011-01-P