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, 77516-77518 [2013-30440]
Download as PDF
77516
Federal Register / Vol. 78, No. 246 / Monday, December 23, 2013 / Notices
Paper Comments
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.
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing 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 for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A)(ii) of the Act 12 and
subparagraph (f)(6) of Rule 19b–4
thereunder.13
The proposal does not significantly
affect the protection of investors or the
public interest, because it provides
enhanced price protection, which has
the potential to benefit investors, as
explained above. The proposal does not
impose any significant burden on
competition, as explained further above.
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: (i) Necessary or appropriate in
the public interest; (ii) for the protection
of investors; or (iii) otherwise in
furtherance of the purposes of the Act.
If the Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
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:
tkelley on DSK3SPTVN1PROD with NOTICES
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–Phlx–2013–121 on the subject line.
U.S.C. 78s(b)(3)(a)(ii).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its intent to file
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.
All submissions should refer to File
Number SR–Phlx–2013–121. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for
inspection and copying at the principal
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–Phlx–
2013–121, and should be submitted on
or before January 13, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–30454 Filed 12–20–13; 8:45 am]
BILLING CODE 8011–01–P
12 15
13 17
VerDate Mar<15>2010
18:12 Dec 20, 2013
Jkt 232001
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–71089; File No. SR–CBOE–
2013–119]
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
December 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 December
9, 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 (‘‘CBSX’’). 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.
1 15
14 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00100
Fmt 4703
Sfmt 4703
2 17
E:\FR\FM\23DEN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
23DEN1
Federal Register / Vol. 78, No. 246 / Monday, December 23, 2013 / Notices
2. Statutory Basis
tkelley on DSK3SPTVN1PROD with NOTICES
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The CBSX Fees Schedule provides for
different fee tiers for Maker executions
in transactions in all other securities
priced $1 or greater depending on the
percentage of TCV that the Maker adds
of liquidity in a given day.3 Prior to
December 9, 2013, odd lot trades (trades
of less than 100 shares) have not been
reported by stock exchanges or eligible
trade reporting facilities to the
Consolidated Tape Administration and
UTP Plan, and therefore were not
counted, recorded or reported in the
trade reports created by those regimes.
As such, odd lot trades would not have
been counted towards ‘‘TCV’’ by CBSX,
as ‘‘TCV’’ is defined as ‘‘total
consolidated volume calculated as the
volume reported by all exchanges and
trade reporting facilities to a
consolidated transaction reporting
plan.’’ Odd lot trades executed by
Makers on CBSX, however, did count
towards those Makers’ percentages of
TCV contributed (meaning that such
trades helped the Makers as they
counted towards their numerators but
were not counted in the denominator
that determines their percentages).
Beginning on December 9, 2013, odd
lot trades will begin to be reported to
the Consolidated Tape Administration
and UTP Plan, and therefore will be
counted, recorded and reported in the
trade reports created by those regimes.
This means that such trades would be
included in the ‘‘TCV’’ denominator.
However, CBSX proposes to exclude
volume from odd lot transactions
through January 31, 2014 from the
calculation of TCV (and therefore from
counting towards the denominator in
the calculation of which Maker fee
tiers). CBSX publishes the TCV
calculation on CBSX’s Web site each
day, and would simply subtract odd lot
trades from the total volume reported by
all exchanges and trade reporting
facilities to a consolidated transaction
reporting plan. This will give market
participants time to adjust their trading
behavior to account for the inclusion of
odd lot trades in TCV, and can only be
of benefit to CBSX market participants
(since odd lot trades count towards their
percentages (the numerator) of TCV).
3 See CBSX Fees Schedule, Section 1. ‘‘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.
VerDate Mar<15>2010
18:12 Dec 20, 2013
Jkt 232001
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. CBSX believes that the
proposed change is reasonable because
it can only serve to help market
participants have a higher percentage of
TCV (and thereby be assessed lower
transaction fees). CBSX believes that the
proposed change is equitable and not
unfairly discriminatory because it will
apply to all CBSX market participants.
Indeed, not including odd lot trades
towards TCV could make it easier for
market participants to continue to reach
higher volume (and lower fee) tiers,
thereby encouraging such market
participants to engage in more trading at
CBSX. This increased volume and
liquidity could benefit all market
participants. Further, the exclusion of
odd lots from TCV should benefit all
market participants by keeping TCV
lower, making it easier for all CBSX
market participants to reach higher
volume (and lower fee) tiers.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
CBSX 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 the
lower TCV number (that excludes odd
lot transactions) will apply to all market
participants. CBSX 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 change only
applies to trading on CBSX. Indeed, this
lower TCV number could encourage
more trading on CBSX. Further, the
proposed change is merely a
continuation of the current calculation
of TCV. To the extent that the proposed
change makes CBSX a more attractive
4 15
5 15
PO 00000
U.S.C. 78f(b).
U.S.C. 78f(b)(4).
Frm 00101
Fmt 4703
market to market participants at other
exchanges, such market participants
may elect to become CBSX market
participants.
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–2013–119 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–2013–119. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
6 15
7 17
Sfmt 4703
77517
E:\FR\FM\23DEN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f).
23DEN1
77518
Federal Register / Vol. 78, No. 246 / Monday, December 23, 2013 / Notices
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 the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–CBOE–
2013–119 and should be submitted on
or before January 13, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–30440 Filed 12–20–13; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–71102; File No. SR–C2–
2013–039]
Self-Regulatory Organizations; C2
Options Exchange, Incorporated;
Notice of Filing and Immediate
Effectiveness of a Proposed Rule
Change To Amend the Fees Schedule
tkelley on DSK3SPTVN1PROD with NOTICES
December 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 December
9, 2013, C2 Options Exchange,
Incorporated (the ‘‘Exchange’’ or ‘‘C2’’)
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
8 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
VerDate Mar<15>2010
18:12 Dec 20, 2013
Jkt 232001
proposed rule change from interested
persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend its
Fees Schedule. 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
The Exchange proposes to amend its
Fees Schedule with regard to the
quoting bandwidth allowance for
Market-Makers. The Fees Schedule
states that the bandwidth allowance for
a Market-Maker Trading Permit is
equivalent to a maximum of
195,000,000 quotes over the course of a
trading day. However, in reaching the v
quotes number, C2 only took into
account the normal trading hours for
equity options (8:30 a.m.–3:00 p.m. (all
times herein are Central)) and
erroneously failed to account for the fact
that index and ETP options trading is
open until 3:15 p.m. (an extra 15
minutes). Therefore, the Exchange’s
quoting bandwidth allowance for index
and ETP options is actually greater than
the 195,000,000 quotes listed in the Fees
Schedule. In order to account for this
error, the Exchange proposes to amend
the Fees Schedule to delete the
195,000,000 number and replace it with
202,500,000 (which accounts for the
extra 15 minutes).
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with the Act
and the rules and regulations
PO 00000
Frm 00102
Fmt 4703
Sfmt 4703
thereunder applicable to the Exchange
and, in particular, the requirements of
Section 6(b) of the Act.3 Specifically,
the Exchange believes the proposed rule
change is consistent with the Section
6(b)(5) 4 requirements that the rules of
an exchange be designed to prevent
fraudulent and manipulative acts and
practices, to promote just and equitable
principles of trade, to foster cooperation
and coordination with persons engaged
in regulating, clearing, settling,
processing information with respect to,
and facilitating transactions in
securities, to remove impediments to
and perfect the mechanism of a free and
open market and a national market
system, and, in general, to protect
investors and the public interest.
Additionally, the Exchange believes the
proposed rule change is consistent with
the Section 6(b)(5) 5 requirement that
the rules of an exchange not be designed
to permit unfair discrimination between
customers, issuers, brokers, or dealers.
The Exchange believes that amending
the Fees Schedule to more accurately
reflect the Market-Maker Trading Permit
quoting bandwidth allowance (taking
into account the extra fifteen minutes
that index and ETP options are traded)
shall alleviate confusion, thereby
removing impediments to and
perfecting the mechanism of a free and
open market and a national market
system. The proposed change applies
equally to all Market-Maker Trading
Permits.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
C2 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. The Exchange 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 the
proposed change is merely making a
correction. Further, the new
202,500,000 quotes amount applies to
all Market-Maker Trading Permits. 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 change is merely
a correction, not a competitive change,
and only applies to trading on C2.
3 15
4 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
5 Id.
E:\FR\FM\23DEN1.SGM
23DEN1
Agencies
[Federal Register Volume 78, Number 246 (Monday, December 23, 2013)]
[Notices]
[Pages 77516-77518]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30440]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-71089; File No. SR-CBOE-2013-119]
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
December 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 December 9, 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 (``CBSX''). 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.
[[Page 77517]]
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The CBSX Fees Schedule provides for different fee tiers for Maker
executions in transactions in all other securities priced $1 or greater
depending on the percentage of TCV that the Maker adds of liquidity in
a given day.\3\ Prior to December 9, 2013, odd lot trades (trades of
less than 100 shares) have not been reported by stock exchanges or
eligible trade reporting facilities to the Consolidated Tape
Administration and UTP Plan, and therefore were not counted, recorded
or reported in the trade reports created by those regimes. As such, odd
lot trades would not have been counted towards ``TCV'' by CBSX, as
``TCV'' is defined as ``total consolidated volume calculated as the
volume reported by all exchanges and trade reporting facilities to a
consolidated transaction reporting plan.'' Odd lot trades executed by
Makers on CBSX, however, did count towards those Makers' percentages of
TCV contributed (meaning that such trades helped the Makers as they
counted towards their numerators but were not counted in the
denominator that determines their percentages).
---------------------------------------------------------------------------
\3\ See CBSX Fees Schedule, Section 1. ``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.
---------------------------------------------------------------------------
Beginning on December 9, 2013, odd lot trades will begin to be
reported to the Consolidated Tape Administration and UTP Plan, and
therefore will be counted, recorded and reported in the trade reports
created by those regimes. This means that such trades would be included
in the ``TCV'' denominator. However, CBSX proposes to exclude volume
from odd lot transactions through January 31, 2014 from the calculation
of TCV (and therefore from counting towards the denominator in the
calculation of which Maker fee tiers). CBSX publishes the TCV
calculation on CBSX's Web site each day, and would simply subtract odd
lot trades from the total volume reported by all exchanges and trade
reporting facilities to a consolidated transaction reporting plan. This
will give market participants time to adjust their trading behavior to
account for the inclusion of odd lot trades in TCV, and can only be of
benefit to CBSX market participants (since odd lot trades count towards
their percentages (the numerator) of TCV).
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. CBSX believes that the proposed change is
reasonable because it can only serve to help market participants have a
higher percentage of TCV (and thereby be assessed lower transaction
fees). CBSX believes that the proposed change is equitable and not
unfairly discriminatory because it will apply to all CBSX market
participants. Indeed, not including odd lot trades towards TCV could
make it easier for market participants to continue to reach higher
volume (and lower fee) tiers, thereby encouraging such market
participants to engage in more trading at CBSX. This increased volume
and liquidity could benefit all market participants. Further, the
exclusion of odd lots from TCV should benefit all market participants
by keeping TCV lower, making it easier for all CBSX market participants
to reach higher volume (and lower fee) tiers.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78f(b).
\5\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
CBSX 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 the lower TCV number (that excludes odd lot
transactions) will apply to all market participants. CBSX 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 change only
applies to trading on CBSX. Indeed, this lower TCV number could
encourage more trading on CBSX. Further, the proposed change is merely
a continuation of the current calculation of TCV. To the extent that
the proposed change makes CBSX a more attractive market to market
participants at other exchanges, such market participants may elect to
become CBSX market participants.
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.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78s(b)(3)(A).
\7\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------
IV. Solicitation of Comments
Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml ); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-CBOE-2013-119 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-2013-119. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (https://www.sec.gov/
[[Page 77518]]
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 the filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
CBOE-2013-119 and should be submitted on or before January 13, 2014.
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. 2013-30440 Filed 12-20-13; 8:45 am]
BILLING CODE 8011-01-P