Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Correct Certain Rule Taxonomy Issues and Postpone Until December 2, 2013 the Operative Date of an Approved Proposed Rule Change, 70085-70087 [2013-28026]
Download as PDF
Federal Register / Vol. 78, No. 226 / Friday, November 22, 2013 / Notices
Id. at 3. This information includes the
price structure, underlying costs and
assumptions, pricing formulas,
information relevant to the customer’s
mailing profile, and cost coverage
projections. Id. The Postal Service asks
the Commission to protect customeridentifying information from public
disclosure indefinitely. Id. at 7.
II. Notice of Filings
The Commission establishes Docket
Nos. MC2013–63 and CP2013–83 to
consider the Request pertaining to the
proposed Priority Mail Contract 65
product and the related contract,
respectively.
Interested persons may submit
comments on whether the Postal
Service’s filings in the captioned
dockets are consistent with the policies
of 39 U.S.C. 3632, 3633, or 3642, 39 CFR
3015.5, and 39 CFR part 3020, subpart
B. Comments are due no later than
October 7, 2013. The public portions of
these filings can be accessed via the
Commission’s Web site (https://
www.prc.gov).
The Commission appoints Lyudmila
Y. Bzhilyanskaya to serve as Public
Representative in these dockets.
III. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket
Nos. MC2013–63 and CP2013–83 to
consider the matters raised in each
docket.
2. Pursuant to 39 U.S.C. 505,
Lyudmila Y. Bzhilyanskaya is appointed
to serve as an officer of the Commission
(Public Representative) to represent the
interests of the general public in these
proceedings.
3. Comments by interested persons in
these proceedings are due no later than
October 7, 2013.
4. The Secretary shall arrange for
publication of this Order in the Federal
Register.
By the Commission.
Ruth Ann Abrams,
Acting Secretary.
[FR Doc. 2013–27999 Filed 11–21–13; 8:45 am]
emcdonald on DSK67QTVN1PROD with NOTICES
BILLING CODE 7710–FW–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–70894; File No. SR–CHX–
2013–19]
Self-Regulatory Organizations;
Chicago Stock Exchange, Inc.; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change To Correct
Certain Rule Taxonomy Issues and
Postpone Until December 2, 2013 the
Operative Date of an Approved
Proposed Rule Change
November 18, 2013.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on
November 12, 2013, Chicago Stock
Exchange, Inc. (the ‘‘Exchange’’ or
‘‘CHX’’) 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 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
CHX proposes to amend Article 1,
Rule 1 (Definitions); Article 20, Rule 9
(Cancellation or Adjustment of Bona
Fide Error Trades); Article 20, Rule 9A
(Error Correction Transactions); and
Article 20, Rule 11 (Cancellation or
Adjustment of Stock Leg Trades) to
correct certain taxonomy issues and to
adopt an operative date of December 2,
2013 for all changes that were approved
by the Securities and Exchange
Commission (the ‘‘SEC’’ or the
‘‘Commission’’) under 34–70791.
The text of this proposed rule change
is available on the Exchange’s Web site
at (www.chx.com) and in 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
CHX included statements concerning
the purpose of and basis for the
proposed rule changes 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
CHX has prepared summaries, set forth
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
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70085
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
Article 1, Rule 1 (Definitions); Article
20, Rule 9 (Cancellation or Adjustment
of Bona Fide Error Trades); Article 20,
Rule 9A (Error Correction Transactions);
and Article 20, Rule 11 (Cancellation or
Adjustment of Stock Leg Trades) to
correct certain taxonomy issues and to
adopt an operative date of December 2,
2013 for all changes that were approved
by the Commission under 34–70791.4
Aside from these proposed
amendments, the Exchange does not
propose any other changes to the
definitions or text approved under
34–70791.
Background
On September 4, 2013, the Exchange
filed with the Commission, pursuant to
Section 19(b)(1) of the Act 5 and Rule
19b–4 thereunder,6 a proposed rule
change to amend CHX Article 20, Rule
9 to outline and clarify the Exchange’s
current requirements for the
cancellation of trades based on Bona
Fide Error; to adopt CHX Article 20,
Rule 9A to detail the Exchange’s current
requirements for Error Correction
Transactions; and to adopt CHX Article
20, Rule 11 to amend the Exchange’s
current requirements for the
cancellation of the stock leg trade of a
Stock-Option order, to establish new
requirements for the adjustment of the
stock leg trade of a Stock-Option order,
and to allow the stock leg trade of StockFuture orders to be cancelled or
adjusted.7 The proposed rule change
was published for comment in the
Federal Register on September 18,
2013.8 The Commission received no
comments on the proposal. The
4 See Securities Exchange Act Release No. 70791
(October 31, 2013), 78 FR 66791 (November 6, 2013)
(Order Approving a Proposed Rule Change to Adopt
Standards for the Cancellation or Adjustment of
Bona Fide Error Trades, the Submission of Error
Correction Transactions, and the Cancellation or
Adjustment of Stock Leg Trades of Stock-Option or
Stock-Future Orders).
5 15 U.S.C. 78s(b)(1).
6 17 CFR 240.19b–4.
7 The Exchange notes that SR–CHX–2013–16 does
not explicitly provide an operative date for the
proposed amendments to CHX rules.
8 See Securities Exchange Act Release No. 70381
(September 12, 2013), 78 FR 57431 (September 18,
2013) (SR–CHX–2013–16) (‘‘Notice’’).
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70086
Federal Register / Vol. 78, No. 226 / Friday, November 22, 2013 / Notices
Commission approved the proposed
rule change on October 31, 2013.9
Taxonomy Amendments
After SR–CHX–2013–16 was filed on
September 4, 2013, the Exchange filed
SR–CHX–2013–14 on September 24,
2013,10 which, among other things,
adopted Article 1, Rule 1(hh) to define
the term ‘‘Customer’’ as ‘‘any person or
entity other than a broker or dealer
registered with the Commission.’’
However, since the Exchange had
already proposed to adopt Article 1,
Rule 1(hh) to define ‘‘Bona Fide Error’’
pursuant to SR–CHX–2013–16, when
the Commission approved SR–CHX–
2013–16 on October 31, 2013, Article 1,
Rule 1(hh) now provided definitions for
both ‘‘Customer’’ and ‘‘Bona Fide
Error.’’
Thus, the Exchange now proposes to
move the definition of ‘‘Bona Fide
Error’’ from current Article 1, Rule 1(hh)
to proposed Article 1, Rule 1(ii).
Correspondingly, the Exchange
proposes to amend Article 20, Rule 9(a),
Rule 9(b)(2), and Rule 9A(a)(1) to reflect
that ‘‘Bona Fide Error’’ is defined under
proposed Article 1, Rule 1(ii).
Consequently, the Exchange proposes
to move the definition of ‘‘StockOption’’ from current Article 1, Rule
1(ii) to proposed Article 1, Rule 1(jj) and
the definition of ‘‘Stock-Future’’ from
current Article 1, Rule 1(jj) to proposed
Article 1, Rule 1(kk). Correspondingly,
the Exchange proposes to amend Article
20, Rule 11(a) to reflect that ‘‘StockOption’’ is defined under proposed
Article 1, Rule 1(jj) and ‘‘Stock-Future’’
is defined under proposed Article 1,
Rule 1(kk).
Proposed Operative Date
emcdonald on DSK67QTVN1PROD with NOTICES
The Exchange proposes to suspend
the operative date for all rule changes
that were approved under 34–70791 to
December 2, 2013.11 The Exchange
submits that the proposed December 2,
2013 operative date is reasonable in
light of the significant changes that were
approved under 34–70791.
As such, the Exchange now proposes
to adopt language that provides that
certain CHX rules shall be operative as
of December 2, 2013. Specifically,
directly above proposed Article 1, Rule
1(ii), the Exchange proposes to insert
language that provides that paragraphs
9 See
supra note 4.
Securities Exchange Act Release No. 70597
(October 2, 2013), 78 FR 62728 (October 22, 2013)
(SR–CHX–2013–14) (‘‘Notice of Filing and
Immediate Effectiveness of Proposed Rule Change
Relating to Registration, Qualification, Supervision,
and Continuing Education of Individuals
Associated with Participant Firms’’).
11 See supra note 4.
10 See
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16:47 Nov 21, 2013
Jkt 232001
(ii)–(kk) shall be operative as of
December 2, 2013. Also, directly above
current Article 20, Rule 9(a), the
Exchange proposes to insert language
that provides that current Rule 9 shall
be operative as of December 2, 2013. In
addition, directly above current Article
20, Rule 9A(a), the Exchange proposes
to insert language that provides that
current Rule 9A shall be operative as of
December 2, 2013. Moreover, directly
above current Article 20, Rule 11(a), the
Exchange proposes to adopt language
that provides that current Rule 11 shall
be operative as of December 2, 2013.
Moreover, since the changes approved
under 34–70791 resulted in the previous
version of Article 20, Rule 9 being
superseded by current Article 20, Rule
9, the Exchange proposes to
reincorporate the previous version of
Article 20, Rule 9 verbatim as a separate
rule from current Article 20, Rule 9,
while inserting language to it stating
that the previous version of Article 20,
Rule 9 shall be operative through
December 1, 2013. The Exchange
submits that this sunset provision is
necessary to avoid confusion to our
Participants and to facilitate a smooth
transition into the approved rules.
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(b) of the
Act.12 Specifically, the proposal is
consistent with Section 6(b)(5) of the
Act,13 which requires exchange rules to
promote just and equitable principles of
trade, remove impediments to, and
perfect the mechanism of, a free and
open market and a national market
system, and, in general, protect
investors and the public interest. The
proposal is also consistent with Section
6(b)(1) of the Act,14 which requires that
an exchange be so organized and has the
capacity to be able to carry out the
purposes of 15 U.S.C. 78a et seq. and to
comply, and to enforce compliance by
its members and persons associated
with its members, with the provisions of
15 U.S.C. 78a et seq., the rules and
regulations thereunder, and the rules of
the exchange.
The Exchange believes that the
proposed taxonomy corrections fulfill
these requirements because it promotes
clarity of CHX rules by ensuring that
there is only one definition per citation.
Similarly, the reinsertion of previous
version of Article 20, Rule 9 also fulfills
these requirements because it promotes
clarity of CHX rules by providing that
the previous version of Rule 9 shall be
in the effect through December 1, 2013.
Moreover, the proposed operative date
of December 2, 2013 for all rule changes
approved under 34–70791 fulfill these
requirements and, in particular, Section
6(b)(1), because the December 2, 2013
operative date will facilitate the proper
implementation of complex
functionalities, which will, in turn,
allow the Exchange to better enforce
compliance by its Participants of the
rules approved under 34–70791.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange believes the proposal is
consistent with Section 6(b)(8) of the
Act 15 in that it does not impose any
burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
proposed rule changes correct nonsubstantive taxonomy issues and set an
operative date for functionality that has
already been approved by the
Commission.16 Accordingly, the
Exchange does not believe that the
proposed rule change will have any
effect on competition.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 17 and Rule
19b–4(f)(6) thereunder.18 Because the
proposed rule change does not: (i)
Significantly affect the protection of
investors or the public interest; (ii)
impose any significant burden on
competition; and (iii) become operative
prior to 30 days from the date on which
it was filed, or such shorter time as the
Commission may designate, if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act and Rule 19b–4(f)(6)(iii)
thereunder.
15 15
U.S.C. 78(f)(b)(8).
supra note 4.
17 15 U.S.C. 78s(b)(3)(A)(iii).
18 17 CFR 240.19b–4(f)(6).
12 15
U.S.C. 78f(b).
13 15 U.S.C. 78f(b)(5)
14 15 U.S.C. 78f(b)(1)
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16 See
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Federal Register / Vol. 78, No. 226 / Friday, November 22, 2013 / Notices
A proposed rule change filed under
Rule 19b–4(f)(6) 19 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b- 4(f)(6)(iii),20 the
Commission may designate a shorter
time if such action is consistent with the
protection of investors and the public
interest. The Exchange has asked the
Commission to waive the 30-day
operative delay so that the proposal may
become operative immediately upon
filing.
The Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest. The
proposed taxonomy changes and nonsubstantive and should make the
Exchange’s rules easier to understand.
The Exchange states that a temporary
delay in the operation of SR–CHX–
2013–16 will facilitate the proper
implementation of complex
functionalities, which in turn will allow
it to better enforce compliance with the
approved rules. Based on that
representation, the Commission believes
that delayed implementation is
consistent with the protection of
investors and the public interest. For
these reasons, the Commission hereby
waives the 30-day operative delay and
designates the proposal operative upon
filing.21
At any time within 60 days of the
filing of such proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
under Section 19(b)(2)(B) 22 of the Act to
determine whether the proposed rule
change should be approved or
disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
19 17
CFR 240.19b–4(f)(6).
CFR 240.19b–4(f)(6)(iii). In addition, Rule
19b–4(f)(6)(iii) requires the Exchange to provide the
Commission with written notice of its intent to file
the proposed rule change, along with a brief
description and text of the proposed rule change,
at least five business days prior to the date of filing
of the proposed rule change, or such shorter time
as designated by the Commission. The Exchange
has satisfied this requirement.
21 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
22 15 U.S.C. 78s(b)(2)(B).
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20 17
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70087
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
SMALL BUSINESS ADMINISTRATION
Electronic Comments
AGENCY:
• 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 No. SR–
CHX–2013–19 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 No.
SR–CHX–2013–19. 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
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 No. SR–CHX–2013–
19 and should be submitted on or before
December 13, 2013.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.23
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–28026 Filed 11–21–13; 8:45 am]
BILLING CODE 8011–01–P
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Frm 00076
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Interagency Task Force on Veterans
Small Business Development
U.S. Small Business
Administration.
ACTION: Notice of open Federal
Interagency Task Force meeting.
The SBA is issuing this notice
to announce the location, date, time,
and agenda for its public meeting of the
Interagency Task Force on Veterans
Small Business Development. The
meeting will be open to the public.
DATES: Friday, December 6, 2013, from
9:00 a.m. to 12:00 p.m.
ADDRESSES: SBA 409 3rd Street NW.,
Washington, DC 20419.
Room: Eisenhower Conference room
B, located on the Concourse Level.
SUPPLEMENTARY INFORMATION: Pursuant
to section 10(a)(2) of the Federal
Advisory Committee Act (5 U.S.C.,
Appendix 2), SBA announces the
meeting of the Interagency Task Force
on Veterans Small Business
Development. The Task Force is
established pursuant to Executive Order
13540 and focused on coordinating the
efforts of Federal agencies to improve
capital, business development
opportunities and pre-established
Federal contracting goals for small
business concerns owned and
controlled by veterans (VOB’s) and
service-disabled veterans (SDVOSB’S).
Moreover, the Task Force shall
coordinate administrative and
regulatory activities and develop
proposals relating to ‘‘three focus
areas’’: (1) Training, Counseling &
Capital; (2) Federal Contracting &
Verification; (3) Improved Federal
Support.
On November 1, 2011, the Interagency
Task Force on Veterans Small Business
Development submitted its first report
to the President, which included 18
Recommendations. In addition, the Task
Force will allow time to obtain public
comment from individuals and
representatives of Organizations
regarding the areas of focus.
FOR FURTHER INFORMATION CONTACT: The
meeting is open to the public, however,
advance notice of attendance is
requested. Anyone wishing to attend
and/or make a presentation to the Task
Force must contact Barbara Carson, by
December 2, 2013, by email in order to
be placed on the agenda. Comments for
the Record should be applicable to the
‘‘three focus areas’’ of the Task Force
and emailed prior to the meeting for
inclusion in the public record, verbal
presentations; however, will be limited
SUMMARY:
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Agencies
[Federal Register Volume 78, Number 226 (Friday, November 22, 2013)]
[Notices]
[Pages 70085-70087]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28026]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-70894; File No. SR-CHX-2013-19]
Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Correct Certain Rule Taxonomy Issues and Postpone Until December 2,
2013 the Operative Date of an Approved Proposed Rule Change
November 18, 2013.
Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on November 12, 2013, Chicago Stock Exchange, Inc. (the
``Exchange'' or ``CHX'') 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 self-
regulatory organization. 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\ 15 U.S.C. 78a.
\3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
CHX proposes to amend Article 1, Rule 1 (Definitions); Article 20,
Rule 9 (Cancellation or Adjustment of Bona Fide Error Trades); Article
20, Rule 9A (Error Correction Transactions); and Article 20, Rule 11
(Cancellation or Adjustment of Stock Leg Trades) to correct certain
taxonomy issues and to adopt an operative date of December 2, 2013 for
all changes that were approved by the Securities and Exchange
Commission (the ``SEC'' or the ``Commission'') under 34-70791.
The text of this proposed rule change is available on the
Exchange's Web site at (www.chx.com) and in 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 CHX included statements
concerning the purpose of and basis for the proposed rule changes 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 CHX 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 Article 1, Rule 1 (Definitions);
Article 20, Rule 9 (Cancellation or Adjustment of Bona Fide Error
Trades); Article 20, Rule 9A (Error Correction Transactions); and
Article 20, Rule 11 (Cancellation or Adjustment of Stock Leg Trades) to
correct certain taxonomy issues and to adopt an operative date of
December 2, 2013 for all changes that were approved by the Commission
under 34-70791.\4\ Aside from these proposed amendments, the Exchange
does not propose any other changes to the definitions or text approved
under 34-70791.
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release No. 70791 (October 31,
2013), 78 FR 66791 (November 6, 2013) (Order Approving a Proposed
Rule Change to Adopt Standards for the Cancellation or Adjustment of
Bona Fide Error Trades, the Submission of Error Correction
Transactions, and the Cancellation or Adjustment of Stock Leg Trades
of Stock-Option or Stock-Future Orders).
---------------------------------------------------------------------------
Background
On September 4, 2013, the Exchange filed with the Commission,
pursuant to Section 19(b)(1) of the Act \5\ and Rule 19b-4
thereunder,\6\ a proposed rule change to amend CHX Article 20, Rule 9
to outline and clarify the Exchange's current requirements for the
cancellation of trades based on Bona Fide Error; to adopt CHX Article
20, Rule 9A to detail the Exchange's current requirements for Error
Correction Transactions; and to adopt CHX Article 20, Rule 11 to amend
the Exchange's current requirements for the cancellation of the stock
leg trade of a Stock-Option order, to establish new requirements for
the adjustment of the stock leg trade of a Stock-Option order, and to
allow the stock leg trade of Stock-Future orders to be cancelled or
adjusted.\7\ The proposed rule change was published for comment in the
Federal Register on September 18, 2013.\8\ The Commission received no
comments on the proposal. The
[[Page 70086]]
Commission approved the proposed rule change on October 31, 2013.\9\
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78s(b)(1).
\6\ 17 CFR 240.19b-4.
\7\ The Exchange notes that SR-CHX-2013-16 does not explicitly
provide an operative date for the proposed amendments to CHX rules.
\8\ See Securities Exchange Act Release No. 70381 (September 12,
2013), 78 FR 57431 (September 18, 2013) (SR-CHX-2013-16)
(``Notice'').
\9\ See supra note 4.
---------------------------------------------------------------------------
Taxonomy Amendments
After SR-CHX-2013-16 was filed on September 4, 2013, the Exchange
filed SR-CHX-2013-14 on September 24, 2013,\10\ which, among other
things, adopted Article 1, Rule 1(hh) to define the term ``Customer''
as ``any person or entity other than a broker or dealer registered with
the Commission.'' However, since the Exchange had already proposed to
adopt Article 1, Rule 1(hh) to define ``Bona Fide Error'' pursuant to
SR-CHX-2013-16, when the Commission approved SR-CHX-2013-16 on October
31, 2013, Article 1, Rule 1(hh) now provided definitions for both
``Customer'' and ``Bona Fide Error.''
---------------------------------------------------------------------------
\10\ See Securities Exchange Act Release No. 70597 (October 2,
2013), 78 FR 62728 (October 22, 2013) (SR-CHX-2013-14) (``Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating
to Registration, Qualification, Supervision, and Continuing
Education of Individuals Associated with Participant Firms'').
---------------------------------------------------------------------------
Thus, the Exchange now proposes to move the definition of ``Bona
Fide Error'' from current Article 1, Rule 1(hh) to proposed Article 1,
Rule 1(ii). Correspondingly, the Exchange proposes to amend Article 20,
Rule 9(a), Rule 9(b)(2), and Rule 9A(a)(1) to reflect that ``Bona Fide
Error'' is defined under proposed Article 1, Rule 1(ii).
Consequently, the Exchange proposes to move the definition of
``Stock-Option'' from current Article 1, Rule 1(ii) to proposed Article
1, Rule 1(jj) and the definition of ``Stock-Future'' from current
Article 1, Rule 1(jj) to proposed Article 1, Rule 1(kk).
Correspondingly, the Exchange proposes to amend Article 20, Rule 11(a)
to reflect that ``Stock-Option'' is defined under proposed Article 1,
Rule 1(jj) and ``Stock-Future'' is defined under proposed Article 1,
Rule 1(kk).
Proposed Operative Date
The Exchange proposes to suspend the operative date for all rule
changes that were approved under 34-70791 to December 2, 2013.\11\ The
Exchange submits that the proposed December 2, 2013 operative date is
reasonable in light of the significant changes that were approved under
34-70791.
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\11\ See supra note 4.
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As such, the Exchange now proposes to adopt language that provides
that certain CHX rules shall be operative as of December 2, 2013.
Specifically, directly above proposed Article 1, Rule 1(ii), the
Exchange proposes to insert language that provides that paragraphs
(ii)-(kk) shall be operative as of December 2, 2013. Also, directly
above current Article 20, Rule 9(a), the Exchange proposes to insert
language that provides that current Rule 9 shall be operative as of
December 2, 2013. In addition, directly above current Article 20, Rule
9A(a), the Exchange proposes to insert language that provides that
current Rule 9A shall be operative as of December 2, 2013. Moreover,
directly above current Article 20, Rule 11(a), the Exchange proposes to
adopt language that provides that current Rule 11 shall be operative as
of December 2, 2013.
Moreover, since the changes approved under 34-70791 resulted in the
previous version of Article 20, Rule 9 being superseded by current
Article 20, Rule 9, the Exchange proposes to reincorporate the previous
version of Article 20, Rule 9 verbatim as a separate rule from current
Article 20, Rule 9, while inserting language to it stating that the
previous version of Article 20, Rule 9 shall be operative through
December 1, 2013. The Exchange submits that this sunset provision is
necessary to avoid confusion to our Participants and to facilitate a
smooth transition into the approved rules.
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(b) of the Act.\12\
Specifically, the proposal is consistent with Section 6(b)(5) of the
Act,\13\ which requires exchange rules to promote just and equitable
principles of trade, remove impediments to, and perfect the mechanism
of, a free and open market and a national market system, and, in
general, protect investors and the public interest. The proposal is
also consistent with Section 6(b)(1) of the Act,\14\ which requires
that an exchange be so organized and has the capacity to be able to
carry out the purposes of 15 U.S.C. 78a et seq. and to comply, and to
enforce compliance by its members and persons associated with its
members, with the provisions of 15 U.S.C. 78a et seq., the rules and
regulations thereunder, and the rules of the exchange.
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\12\ 15 U.S.C. 78f(b).
\13\ 15 U.S.C. 78f(b)(5)
\14\ 15 U.S.C. 78f(b)(1)
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The Exchange believes that the proposed taxonomy corrections
fulfill these requirements because it promotes clarity of CHX rules by
ensuring that there is only one definition per citation. Similarly, the
reinsertion of previous version of Article 20, Rule 9 also fulfills
these requirements because it promotes clarity of CHX rules by
providing that the previous version of Rule 9 shall be in the effect
through December 1, 2013. Moreover, the proposed operative date of
December 2, 2013 for all rule changes approved under 34-70791 fulfill
these requirements and, in particular, Section 6(b)(1), because the
December 2, 2013 operative date will facilitate the proper
implementation of complex functionalities, which will, in turn, allow
the Exchange to better enforce compliance by its Participants of the
rules approved under 34-70791.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange believes the proposal is consistent with Section
6(b)(8) of the Act \15\ in that it does not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The proposed rule changes correct non-substantive
taxonomy issues and set an operative date for functionality that has
already been approved by the Commission.\16\ Accordingly, the Exchange
does not believe that the proposed rule change will have any effect on
competition.
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\15\ 15 U.S.C. 78(f)(b)(8).
\16\ See supra note 4.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \17\ and Rule 19b-4(f)(6) thereunder.\18\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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\17\ 15 U.S.C. 78s(b)(3)(A)(iii).
\18\ 17 CFR 240.19b-4(f)(6).
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[[Page 70087]]
A proposed rule change filed under Rule 19b-4(f)(6) \19\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b- 4(f)(6)(iii),\20\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing.
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\19\ 17 CFR 240.19b-4(f)(6).
\20\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires the Exchange to provide the Commission with
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest.
The proposed taxonomy changes and non-substantive and should make the
Exchange's rules easier to understand. The Exchange states that a
temporary delay in the operation of SR-CHX-2013-16 will facilitate the
proper implementation of complex functionalities, which in turn will
allow it to better enforce compliance with the approved rules. Based on
that representation, the Commission believes that delayed
implementation is consistent with the protection of investors and the
public interest. For these reasons, the Commission hereby waives the
30-day operative delay and designates the proposal operative upon
filing.\21\
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\21\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \22\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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\22\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File No. SR-CHX-2013-19 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 No. SR-CHX-2013-19. 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 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 No. SR-CHX-2013-19 and should be
submitted on or before December 13, 2013.
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\23\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-28026 Filed 11-21-13; 8:45 am]
BILLING CODE 8011-01-P