Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the CBSX Fees Schedule, 72137-72139 [2013-28725]
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72137
Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Notices
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–OCC–2013–20. 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 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 Section, 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 OCC and on OCC’s Web site at
https://www.theocc.com/components/
docs/legal/rules_and_bylaws/sr_occ_13_
20.pdf. All comments received will be
posted without change; the Commission
does not edit personal identifying
information from submissions. You
Maker
Maker
Maker
Maker
Maker
(adds
(adds
(adds
(adds
(adds
emcdonald on DSK67QTVN1PROD with NOTICES
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–28721 Filed 11–29–13; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–70943; File No. SR–CBOE–
2013–115]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Amend the CBSX Fees
Schedule
November 25, 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 November
21, 2013, Chicago Board Options
Exchange, Incorporated (the ‘‘Exchange’’
or ‘‘CBOE’’) filed with the Securities
and Exchange Commission (the
‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
prepared by the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
Fees Schedule of its CBOE Stock
Exchange. The text of the proposed rule
change is available on the Exchange’s
Web site (https://www.cboe.com/
AboutCBOE/
CBOELegalRegulatoryHome.aspx), at
the Exchange’s Office of the Secretary,
and at the Commission’s Public
Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
CBSX proposes to amend its Maker
fees for transactions in all other
securities (securities other than the
‘‘Select Symbols’’, of which there
currently are none) priced $1 or greater.
Currently, such fees are assessed on the
following scale: 3
less than 0.08% of TCV of liquidity in one day) (1)(5) ............................................................................
at least 0.08% but less than 0.16% of TCV of liquidity in one day) (1)(5) ..............................................
at least 0.16% but less than 0.24% of TCV of liquidity in one day) (1)(5) ..............................................
at least 0.24% but less than 0.42% of TCV of liquidity in one day) (1)(5) ..............................................
0.42% or more of TCV of liquidity in one day) (1)(5) ..............................................................................
The Exchange proposes to break up
the 0.24%–0.42% tier into two separate
tiers at 0.33%, with Maker transactions
in the 0.33%–0.42% tier being assessed
a lower fee of $0.0014 per share
(currently, Maker transactions in such
tier would be assessed the same fee as
14 17
CFR 200.30–3(a)(12).
15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 The parentheticals (1) and (5) in the scale refer
to footnotes in the CBSX Fees Schedule. Footnote
(1) reads:
These rates apply to all transactions in securities
priced $1 or greater made by the same market
participant in any day in which such participant
adds (for Makers) or removes (for Takers) the
1
VerDate Mar<15>2010
should submit only information that
you wish to make available publicly.
All submissions should refer to File
Number SR–OCC–2013–20 and should
be submitted on or before December 23,
2013.
20:41 Nov 29, 2013
Jkt 232001
$0.0018
$0.0017
$0.0016
$0.0015
$0.0014
per
per
per
per
per
share
share
share
share
share
in the 0.24%–0.33% tier, which is
$0.0015 per share). The Exchange also
proposes to add a 0.42%–0.52% tier,
with Maker transactions in that tier
being assessed a fee of $0.0013 per share
(which is lower than the $0.0014 per
share fee that Maker transactions in that
tier currently are assessed). Finally, the
Exchange proposes to add a tier for
Makers who add 0.52% of TCV of
liquidity in one day or more, with such
transactions being assessed a lower fee
of $0.0012 per share (which is lower
than the $0.0014 per share fee that
established amount of shares (or percentage of TCV,
as applicable) or more of liquidity that is
determined in the chart above for each tier. Market
participants who share a trading acronym or MPID
may aggregate their trading activity for purposes of
these rates. Qualification for these rates will require
that a market participant appropriately indicate his
trading acronym and/or MPID in the appropriate
field on the order.
Footnote (5) reads:
‘‘TCV’’ means total consolidated volume
calculated as the volume reported by all exchanges
and trade reporting facilities to a consolidated
transaction reporting plan. Volume from Maker
executions in the Select Symbols (priced $1 or
greater) will count towards a market participant’s %
of TCV.
The Exchange does not propose to amend either
Footnotes (1) or (5).
PO 00000
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Fmt 4703
Sfmt 4703
E:\FR\FM\02DEN1.SGM
02DEN1
72138
Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Notices
Maker transactions in that tier currently
are assessed). As such, upon
Maker
Maker
Maker
Maker
Maker
Maker
Maker
(adds
(adds
(adds
(adds
(adds
(adds
(adds
emcdonald on DSK67QTVN1PROD with NOTICES
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with the Act
and the rules and regulations
thereunder applicable to the Exchange
and, in particular, the requirements of
Section 6(b) of the Act.4 Specifically,
the Exchange believes the proposed rule
change is consistent with Section 6(b)(4)
of the Act,5 which requires that
Exchange rules provide for the equitable
allocation of reasonable dues, fees, and
other charges among its Trading Permit
Holders and other persons using its
facilities. The Exchange believes the
proposed fee (and tier) changes are
reasonable because all the proposed
changes involve lowering fees from their
current levels (in the tiers created/
affected). There are no fee increases
proposed by this proposed rule change,
the affected market participants will
certainly prefer to be assessed lower
fees. The Exchange believes that the
proposed changes are equitable and not
unfairly discriminatory because, while
they provide for lower fees for market
participants who hit certain liquidity
levels than others, the proposed new
tiers (and corresponding lowered fees)
are intended to provide liquidity targets
for CBSX market participants to aspire
to reach. The Exchange believes that the
increased liquidity that results will
benefit all market participants, and
perhaps enable some such market
5
15 U.S.C. 78f(b).
15 U.S.C. 78f(b)(4).
VerDate Mar<15>2010
other securities priced $1 or greater will
be as follows:
less than 0.08% of TCV of liquidity in one day) (1)(5) ............................................................................
at least 0.08% but less than 0.16% of TCV of liquidity in one day) (1)(5) ..............................................
at least 0.16% but less than 0.24% of TCV of liquidity in one day) (1)(5) ..............................................
at least 0.24% but less than 0.33% of TCV of liquidity in one day) (1)(5) ..............................................
at least 0.33% but less than 0.42% of TCV of liquidity in one day) (1)(5) ..............................................
at least 0.42% but less than 0.52% of TCV of liquidity in one day) (1)(5) ..............................................
0.52% or more of TCV of liquidity in one day) (1)(5) ..............................................................................
The proposed changes are
aspirational. The Exchange believes that
the proposed new tiers will provide
liquidity targets for CBSX market
participants to aspire to reach, and the
lowered fees in these new tiers will
provide incentives for such CBSX
market participants. The Exchange
believes that the increased liquidity that
results will benefit all market
participants, and perhaps enable some
such market participants to reach higher
tiers (with the corresponding lower
transaction fees) than they otherwise
might.
The proposed changes are to take
effect on December 2, 2013.
4
effectiveness of the proposed changes,
the Maker fees for transactions in all
20:41 Nov 29, 2013
participants to reach higher tiers (with
the corresponding lower transaction
fees) than they otherwise might. Finally,
the proposed new fee tiers will be
applied equally to all CBSX market
participants.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. CBSX does
not believe that the proposed rule
change will impose any burden on
intramarket competition that is not
necessary or appropriate in furtherance
of the purposes of the Act because,
while they provide for lower fees for
market participants who hit certain
liquidity levels than others, the
proposed new tiers (and corresponding
lowered fees) are intended to provide
liquidity targets for CBSX market
participants to aspire to reach. The
Exchange believes that the increased
liquidity that results will benefit all
market participants, and perhaps enable
some such market participants to reach
higher tiers (with the corresponding
lower transaction fees) than they
otherwise might. Finally, the proposed
new fee tiers will be applied equally to
all CBSX market participants. The
Exchange does not believe that the
proposed rule change will impose any
burden on intermarket competition that
is not necessary or appropriate in
furtherance of the purposes of the Act
because the proposed changes are
intended to attract greater liquidity and
make CBSX a more attractive
marketplace for market participants on
all exchanges (thereby enhancing
competition). To the extent that the
proposed changes make CBSX a more
attractive marketplace for market
participants on other exchanges, such
market participants may elect to become
CBSX market participants. Also, the
proposed changes only apply to trading
on CBSX.
PO 00000
Frm 00079
Fmt 4703
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per
per
per
per
per
per
per
share
share
share
share
share
share
share
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange neither solicited nor
received comments on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 6 and paragraph (f) of Rule
19b–4 7 thereunder. At any time within
60 days of the filing of the proposed rule
change, the Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission will institute proceedings
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,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
CBOE–2013–115 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–CBOE–2013–115. This file
6
7
Jkt 232001
$0.0018
$0.0017
$0.0016
$0.0015
$0.0014
$0.0013
$0.0012
15 U.S.C. 78s(b)(3)(A).
17 CFR 240.19b–4(f).
E:\FR\FM\02DEN1.SGM
02DEN1
Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Notices
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for
inspection and copying at the principal
offices of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File
Number SR–CBOE–2013–115, and
should be submitted on or before
December 23, 2013.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–28725 Filed 11–29–13; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[File No. 500–1 ]
Nevada Gold Corp.; Order of
Suspension of Trading
emcdonald on DSK67QTVN1PROD with NOTICES
November 27, 2013.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Nevada
Gold Corp. (‘‘Nevada Gold’’) because of
questions regarding the accuracy of
assertions by Nevada Gold, and by
others, to investors in press releases and
promotional material concerning,
among other things, the company’s
assets, operations, and financial
8
17 CFR 200.30–3(a)(12).
VerDate Mar<15>2010
20:41 Nov 29, 2013
Jkt 232001
condition. Nevada Gold is a Delaware
corporation based in Del Mar,
California. The company’s common
stock is dually quoted on the OTCBB
and OTC Link under the symbol NVGC.
The Commission is of the opinion that
the public interest and the protection of
investors require a suspension of trading
in the securities of the above-listed
company.
Therefore, it is ordered, pursuant to
Section 12(k) of the Securities Exchange
Act of 1934, that trading in the
securities of the above-listed company is
suspended for the period from 9:30 a.m.
EST on November 27, 2013 through
11:59 p.m. EST, on December 11, 2013.
By the Commission.
Lynn M. Powalski,
Deputy Secretary.
A copy of the comments should be
sent to the Office of Information and
Regulatory Affairs, Attention: Desk
Officer, Selective Service System, Office
of Management and Budget, New
Executive Office Building, Room 3235,
Washington, DC 20503.
Dated: November 21, 2013.
Lawrence Romo,
Director.
[FR Doc. 2013–28740 Filed 11–29–13; 8:45 am]
BILLING CODE 8015–01–P
SMALL BUSINESS ADMINISTRATION
Reporting and Recordkeeping
Requirements Under OMB Review
Small Business Administration.
Notice of 30-day information
collection submitted for OMB review.
AGENCY:
[FR Doc. 2013–28871 Filed 11–27–13; 4:15 pm]
BILLING CODE 8011–01–P
ACTION:
The Small Business
Administration (SBA) is publishing this
notice to comply with requirements of
the Paperwork Reduction Act (PRA) (44
U.S.C. Chapter 35), which requires
agencies to submit proposed reporting
and recordkeeping requirements to
OMB for review and approval, and to
publish a notice in the Federal Register
notifying the public that the agency has
made such a submission. This notice
also allows an additional 30 days for
public comments.
DATES: Submit comments on or before
January 2, 2014. If you intend to
comment but cannot prepare comments
promptly, please advise the OMB
Reviewer and the Agency Clearance
Officer before the deadline.
Copies: Request for clearance (OMB
83–1), supporting statement, and other
documents submitted to OMB for
review may be obtained from the
Agency Clearance Officer.
ADDRESSES: Comments should refer to
the information collection by name and/
or OMB Control Number (3245–0348)
and should be sent to: Agency Clearance
Officer, Curtis Rich, Small Business
Administration, 409 3rd Street SW., 5th
Floor, Washington, DC 20416; and SBA
Desk Officer, Office of Information and
Regulatory Affairs, Office of
Management and Budget, New
Executive Office Building, Washington,
DC 20503.
FOR FURTHER INFORMATION CONTACT:
Curtis Rich, Agency Clearance Officer,
(202) 205–7030 curtis.rich@sba.gov.
SUPPLEMENTARY INFORMATION:
(a) Abstract:
SBA is proposing to make several
changes to this information collection
(Form 1919, Form 1920SX (B & C) and
Forms 2237 and 2238-Control Number
SUMMARY:
SELECTIVE SERVICE SYSTEM
Forms Submitted to the Office of
Management and Budget for Extension
of Clearance
Selective Service System.
Notice.
AGENCY:
ACTION:
The following forms have been
submitted to the Office of Management
and Budget (OMB) for extension of
clearance in compliance with the
Paperwork Reduction Act (44 U.S.C.
Chapter 35):
SSS FORM—402
Title: Uncompensated Registrar
Appointment Form.
Purpose: Is used to verify the official
status of applicants for the position of
Uncompensated Registrars and to
establish authority for those appointed
to perform as Selective Service System
Registrars.
Respondents: United States citizens
over the age of 18.
Frequency: One time.
Burden: The reporting burden is three
minutes or less per respondent.
Copies of the above identified form
can be obtained upon written request to
the Selective Service System, Reports
Clearance Officer, 1515 Wilson
Boulevard, Arlington, Virginia 22209–
2425.
Written comments and
recommendations for the proposed
extension of clearance of the form
should be sent within 30 days of the
publication of this notice to the
Selective Service System, Reports
Clearance Officer, 1515 Wilson
Boulevard, Arlington, Virginia 22209–
2425.
PO 00000
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02DEN1
Agencies
[Federal Register Volume 78, Number 231 (Monday, December 2, 2013)]
[Notices]
[Pages 72137-72139]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28725]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-70943; File No. SR-CBOE-2013-115]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the CBSX Fees Schedule
November 25, 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 November 21, 2013, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend the Fees Schedule of its CBOE Stock
Exchange. The text of the proposed rule change is available on the
Exchange's Web site (https://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
CBSX proposes to amend its Maker fees for transactions in all other
securities (securities other than the ``Select Symbols'', of which
there currently are none) priced $1 or greater. Currently, such fees
are assessed on the following scale: \3\
---------------------------------------------------------------------------
\3\ The parentheticals (1) and (5) in the scale refer to
footnotes in the CBSX Fees Schedule. Footnote (1) reads:
These rates apply to all transactions in securities priced $1
or greater made by the same market participant in any day in which
such participant adds (for Makers) or removes (for Takers) the
established amount of shares (or percentage of TCV, as applicable)
or more of liquidity that is determined in the chart above for each
tier. Market participants who share a trading acronym or MPID may
aggregate their trading activity for purposes of these rates.
Qualification for these rates will require that a market participant
appropriately indicate his trading acronym and/or MPID in the
appropriate field on the order.
Footnote (5) reads:
``TCV'' means total consolidated volume calculated as the volume
reported by all exchanges and trade reporting facilities to a
consolidated transaction reporting plan. Volume from Maker
executions in the Select Symbols (priced $1 or greater) will count
towards a market participant's % of TCV.
The Exchange does not propose to amend either Footnotes (1) or
(5).
------------------------------------------------------------------------
------------------------------------------------------------------------
Maker (adds less than 0.08% of TCV of liquidity $0.0018 per share
in one day) (1)(5).
Maker (adds at least 0.08% but less than 0.16% $0.0017 per share
of TCV of liquidity in one day) (1)(5).
Maker (adds at least 0.16% but less than 0.24% $0.0016 per share
of TCV of liquidity in one day) (1)(5).
Maker (adds at least 0.24% but less than 0.42% $0.0015 per share
of TCV of liquidity in one day) (1)(5).
Maker (adds 0.42% or more of TCV of liquidity in $0.0014 per share
one day) (1)(5).
------------------------------------------------------------------------
The Exchange proposes to break up the 0.24%-0.42% tier into two
separate tiers at 0.33%, with Maker transactions in the 0.33%-0.42%
tier being assessed a lower fee of $0.0014 per share (currently, Maker
transactions in such tier would be assessed the same fee as in the
0.24%-0.33% tier, which is $0.0015 per share). The Exchange also
proposes to add a 0.42%-0.52% tier, with Maker transactions in that
tier being assessed a fee of $0.0013 per share (which is lower than the
$0.0014 per share fee that Maker transactions in that tier currently
are assessed). Finally, the Exchange proposes to add a tier for Makers
who add 0.52% of TCV of liquidity in one day or more, with such
transactions being assessed a lower fee of $0.0012 per share (which is
lower than the $0.0014 per share fee that
[[Page 72138]]
Maker transactions in that tier currently are assessed). As such, upon
effectiveness of the proposed changes, the Maker fees for transactions
in all other securities priced $1 or greater will be as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Maker (adds less than 0.08% of TCV of liquidity $0.0018 per share
in one day) (1)(5).
Maker (adds at least 0.08% but less than 0.16% $0.0017 per share
of TCV of liquidity in one day) (1)(5).
Maker (adds at least 0.16% but less than 0.24% $0.0016 per share
of TCV of liquidity in one day) (1)(5).
Maker (adds at least 0.24% but less than 0.33% $0.0015 per share
of TCV of liquidity in one day) (1)(5).
Maker (adds at least 0.33% but less than 0.42% $0.0014 per share
of TCV of liquidity in one day) (1)(5).
Maker (adds at least 0.42% but less than 0.52% $0.0013 per share
of TCV of liquidity in one day) (1)(5).
Maker (adds 0.52% or more of TCV of liquidity in $0.0012 per share
one day) (1)(5).
------------------------------------------------------------------------
The proposed changes are aspirational. The Exchange believes that
the proposed new tiers will provide liquidity targets for CBSX market
participants to aspire to reach, and the lowered fees in these new
tiers will provide incentives for such CBSX market participants. The
Exchange believes that the increased liquidity that results will
benefit all market participants, and perhaps enable some such market
participants to reach higher tiers (with the corresponding lower
transaction fees) than they otherwise might.
The proposed changes are to take effect on December 2, 2013.
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\4\ Specifically, the Exchange believes the proposed rule change is
consistent with Section 6(b)(4) of the Act,\5\ which requires that
Exchange rules provide for the equitable allocation of reasonable dues,
fees, and other charges among its Trading Permit Holders and other
persons using its facilities. The Exchange believes the proposed fee
(and tier) changes are reasonable because all the proposed changes
involve lowering fees from their current levels (in the tiers created/
affected). There are no fee increases proposed by this proposed rule
change, the affected market participants will certainly prefer to be
assessed lower fees. The Exchange believes that the proposed changes
are equitable and not unfairly discriminatory because, while they
provide for lower fees for market participants who hit certain
liquidity levels than others, the proposed new tiers (and corresponding
lowered fees) are intended to provide liquidity targets for CBSX market
participants to aspire to reach. The Exchange believes that the
increased liquidity that results will benefit all market participants,
and perhaps enable some such market participants to reach higher tiers
(with the corresponding lower transaction fees) than they otherwise
might. Finally, the proposed new fee tiers will be applied equally to
all CBSX market participants.
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\4\ 15 U.S.C. 78f(b).
\5\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. CBSX does not believe that
the proposed rule change will impose any burden on intramarket
competition that is not necessary or appropriate in furtherance of the
purposes of the Act because, while they provide for lower fees for
market participants who hit certain liquidity levels than others, the
proposed new tiers (and corresponding lowered fees) are intended to
provide liquidity targets for CBSX market participants to aspire to
reach. The Exchange believes that the increased liquidity that results
will benefit all market participants, and perhaps enable some such
market participants to reach higher tiers (with the corresponding lower
transaction fees) than they otherwise might. Finally, the proposed new
fee tiers will be applied equally to all CBSX market participants. The
Exchange does not believe that the proposed rule change will impose any
burden on intermarket competition that is not necessary or appropriate
in furtherance of the purposes of the Act because the proposed changes
are intended to attract greater liquidity and make CBSX a more
attractive marketplace for market participants on all exchanges
(thereby enhancing competition). To the extent that the proposed
changes make CBSX a more attractive marketplace for market participants
on other exchanges, such market participants may elect to become CBSX
market participants. Also, the proposed changes only apply to trading
on CBSX.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange neither solicited nor received comments on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \6\ and paragraph (f) of Rule 19b-4 \7\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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\6\ 15 U.S.C. 78s(b)(3)(A).
\7\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-CBOE-2013-115 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-CBOE-2013-115. This file
[[Page 72139]]
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal offices of the Exchange.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File
Number SR-CBOE-2013-115, and should be submitted on or before
December 23, 2013.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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\8\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-28725 Filed 11-29-13; 8:45 am]
BILLING CODE 8011-01-P