Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Modify the Definition of “System Securities” in BX Rule 4751(b), 79040-79042 [2013-30968]
Download as PDF
79040
Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Notices
Commission may designate, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act and Rule 19b–4(f)(6)
thereunder.7
A proposed rule change filed under
Rule 19b–4(f)(6) 8 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b–4(f)(6)(iii),9 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 effective and operative
immediately. According to the
Exchange, the proposal is designed to
provide clarity about securities traded
on the Exchange. The Exchange noted
that it is not obligated by the Act to
extend unlisted trading privileges to all
CT/CQ Securities. Additionally, all CT/
CQ Securities will continue to trade on
their listing market and on other
exchanges that have extended unlisted
trading privileges to them. Based on the
Exchange’s statements, the Commission
believes that waiving the 30-day
operative delay is consistent with the
protection of investors and the public
interest. Therefore, the Commission
designates the proposal as operative
upon filing.10
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
under Section 19(b)(2)(B) 11 of the Act to
determine whether the proposed rule
should be approved or disapproved.
IV. Solicitation of Comments
tkelley on DSK3SPTVN1PROD with NOTICES
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing,
including whether the proposal is
consistent with the Act. Comments may
be submitted by any of the following
methods:
7 17
CFR 240.19b–4(f)(6).
CFR 240.19b–4(f)(6).
9 17 CFR 240.19b–4(f)(6)(iii).
10 For purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
11 15 U.S.C. 78s(b)(2)(B).
8 17
VerDate Mar<15>2010
23:48 Dec 26, 2013
Jkt 232001
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number SR–PHLX–2013–127 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–PHLX–2013–127. 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 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–PHLX–
2013–127 and should be submitted on
or before January 17, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–30969 Filed 12–26–13; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–71168; File No. SR–BX–
2013–064]
Self-Regulatory Organizations;
NASDAQ OMX BX, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change to Modify the
Definition of ‘‘System Securities’’ in BX
Rule 4751(b)
December 20, 2013.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on December
19, 2013, NASDAQ OMX BX, Inc. (‘‘BX’’
or ‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the Exchange. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to modify the
definition of ‘‘System Securities’’ set
forth in BX Rule 4751(b). The text of the
proposed rule change is available at
https://nasdaqomxbx.cchwallstreet.com/,
at the Exchange’s principal office, 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 modify the
definition of ‘‘System Securities’’ set
forth in BX Rule 4751(b) to clarify that
while all securities covered by the
1 15
12 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00231
Fmt 4703
Sfmt 4703
2 17
E:\FR\FM\27DEN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
27DEN1
Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
Consolidated Tape Association Plan and
Consolidated Quotation Plan (‘‘CT/CQ
Securities’’) are eligible to be traded on
BX and BX intends to trade all CT/CQ
Securities, BX will not trade certain
securities within that class. By making
both a ‘‘positive’’ and a ‘‘negative’’
designation, BX will clearly signal to its
members and to investors that BX
intends to trade certain CT/CQ
Securities and not to trade others, and
which securities fall into each category.
BX proposes to effectuate this
designation by maintaining a list on the
www.nasdaqtrader.com Web site of
securities that are excluded from this
designation and thus excluded from
trading on BX. The NasdaqTrader Web
site is the primary mechanism for BX to
communicate with its members about
trading on the exchange. BX members
already receive daily information from
the Web site including a daily list of
active System Securities, as well as a list
of corporate actions and other trading
information. Adding a list of CT/CQ
securities that are excluded from trading
will be an effective complement to the
daily information already provided. The
rules of other exchanges also provide a
designation process that clearly
contemplates the trading of less than all
eligible securities (see, e.g., BATS Rule
11.2).
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the provisions of Section 6 of the Act,3
in general, and with Section 6(b)(5) of
the Act,4 in particular, in that it is
designed 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 transaction 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, and is not designed
to permit unfair discrimination between
customers, issuers, brokers, or dealers.
BX believes that the proposal is
consistent with the Act in that it
provides for greater clarity about the
securities traded on the Exchange and,
thereby, enhances the Exchange and the
national market system. The proposal
does not permit unfair discrimination;
rather all designated securities may be
traded by all members in a free and
open market. The proposal does not
unfairly discriminate against securities
that will not trade on BX. BX is not
3 15
4 15
U.S.C. 78f.
U.S.C. 78f(b)(5).
VerDate Mar<15>2010
23:48 Dec 26, 2013
Jkt 232001
obligated by the Exchange Act to extend
unlisted trading privileges to all CT/CQ
Securities. Additionally, all CT/CQ
Securities will continue to trade on their
listing market and on numerous other
exchanges that have extended unlisted
trading privileges to them.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will result in
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act, as amended.
The proposed change will simply clarify
the manner by which BX extends
unlisted trading privileges to CT/CQ
Securities, a practice provided for under
the Act and already exercised by BX.
CT/CQ Securities will continue to be
subject to meaningful competition
because they will trade on their listing
market and on numerous exchanges that
have extended unlisted trading
privileges to them.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received from
Members, Participants, or Others
Written comments were neither
solicited nor 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) of the Act 5 and Rule 19b–
4(f)(6) thereunder.6 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
for 30 days from the date on which it
was filed, or such shorter time as the
Commission may designate, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act and Rule 19b–4(f)(6)
thereunder.7
A proposed rule change filed under
Rule 19b–4(f)(6) 8 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
5 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires the Exchange to give the
Commission written notice of the Exchange’s 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.
7 17 CFR 240.19b–4(f)(6).
8 17 CFR 240.19b–4(f)(6).
6 17
PO 00000
Frm 00232
Fmt 4703
Sfmt 4703
79041
to Rule 19b–4(f)(6)(iii),9 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 effective and operative
immediately. According to the
Exchange, the proposal is designed to
provide clarity about securities traded
on the Exchange. The Exchange noted
that it is not obligated by the Act to
extend unlisted trading privileges to all
CT/CQ Securities. Additionally, all CT/
CQ Securities will continue to trade on
their listing market and on other
exchanges that have extended unlisted
trading privileges to them. Based on the
Exchange’s statements, the Commission
believes that waiving the 30-day
operative delay is consistent with the
protection of investors and the public
interest. Therefore, the Commission
designates the proposal as operative
upon filing.10
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
under Section 19(b)(2)(B) 11 of the Act to
determine whether the proposed rule
should be approved or disapproved.
IV. Solicitation of Comment
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing,
including whether the proposal is
consistent with the Act. Comments may
be submitted by any of the following
methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number SR–BX–2013–064 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
9 17
CFR 240.19b–4(f)(6)(iii).
purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
11 15 U.S.C. 78s(b)(2)(B).
10 For
E:\FR\FM\27DEN1.SGM
27DEN1
79042
Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Notices
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
SECURITIES AND EXCHANGE
COMMISSION
All submissions should refer to File
Number SR–BX–2013–064. 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 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–BX–
2013–064 and should be submitted on
or before January 17, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–30968 Filed 12–26–13; 8:45 am]
tkelley on DSK3SPTVN1PROD with NOTICES
BILLING CODE 8011–01–P
[Release No. 34–71159; File No. SR–
NYSEARCA–2013–145]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Proposes To Amend
Commentary .02 to Exchange Rule 6.72
in Order To Extend the Penny Pilot in
Options Classes in Certain Issues
Previously Approved by the Securities
and Exchange Commission Through
June 30, 2014
December 20, 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 December
18, 2013, NYSE Arca, Inc. (the
‘‘Exchange’’ or ‘‘NYSE Arca’’) 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
The Exchange proposes to amend
Commentary .02 to Exchange Rule 6.72
in order to extend the Penny Pilot in
options classes in certain issues (‘‘Pilot
Program’’) previously approved by the
Securities and Exchange Commission
(‘‘Commission’’) through June 30, 2014.
The text of the proposed rule change is
available on the Exchange’s Web site at
www.nyse.com, at the principal office of
the Exchange, and at the Commission’s
Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
12 17
CFR 200.30–3(a)(12).
VerDate Mar<15>2010
23:48 Dec 26, 2013
Jkt 232001
PO 00000
Frm 00233
Fmt 4703
Sfmt 4703
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange hereby proposes to
amend Commentary .02 to Exchange
Rule 6.72 to extend the time period of
the Pilot Program,4 which is currently
scheduled to expire on December 31,
2013 through June 30, 2014. The
Exchange also proposes that the dates to
replace issues in the Pilot Program that
have been delisted be revised to the
second trading day following January 1,
2014.5
This filing does not propose any
substantive changes to the Pilot
Program: all classes currently
participating will remain the same and
all minimum increments will remain
unchanged. The Exchange believes the
benefits to public customers and other
market participants who will be able to
express their true prices to buy and sell
options have been demonstrated to
outweigh the increase in quote traffic.
2. Statutory Basis
The proposed rule change is
consistent with Section 6(b) 6 of the
Securities Exchange Act of 1934 (the
‘‘Act’’), in general, and furthers the
objectives of Section 6(b)(5),7 in
particular, in that it is 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 facilitating
transactions in securities, and to remove
impediments to and perfect the
mechanisms of a free and open market
and a national market system. The
Exchange believes that the Pilot
Program promotes just and equitable
principles of trade by enabling public
customers and other market participants
to express their true prices to buy and
sell options. The proposal to extend the
Pilot Program is designed to promote
just and equitable principles of trade, to
foster cooperation and coordination
with persons engaged in facilitating
4 See Securities Exchange Act Release No. 69106
(March 11, 2013), 78 FR 16552 (March 15, 2013)
(SR–NYSEArca-2013–22).
5 The month immediately preceding a
replacement class’s addition to the Pilot Program
(i.e., December) would not be used for purposes of
the analysis for determining the replacement class.
Thus, a replacement class to be added on the
second trading day following January 1, 2014 would
be identified based on The Option Clearing
Corporation’s trading volume data from June 1,
2013 through November 30, 2013. The Exchange
will announce the replacement issues to the
Exchange’s membership through a Trader Update.
6 15 U.S.C. 78f(b).
7 15 U.S.C. 78f(b)(5).
E:\FR\FM\27DEN1.SGM
27DEN1
Agencies
[Federal Register Volume 78, Number 249 (Friday, December 27, 2013)]
[Notices]
[Pages 79040-79042]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30968]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-71168; File No. SR-BX-2013-064]
Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change to Modify
the Definition of ``System Securities'' in BX Rule 4751(b)
December 20, 2013.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 19, 2013, NASDAQ OMX BX, Inc. (``BX'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------
\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 modify the definition of ``System
Securities'' set forth in BX Rule 4751(b). The text of the proposed
rule change is available at https://nasdaqomxbx.cchwallstreet.com/, at
the Exchange's principal office, 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 modify the definition of ``System
Securities'' set forth in BX Rule 4751(b) to clarify that while all
securities covered by the
[[Page 79041]]
Consolidated Tape Association Plan and Consolidated Quotation Plan
(``CT/CQ Securities'') are eligible to be traded on BX and BX intends
to trade all CT/CQ Securities, BX will not trade certain securities
within that class. By making both a ``positive'' and a ``negative''
designation, BX will clearly signal to its members and to investors
that BX intends to trade certain CT/CQ Securities and not to trade
others, and which securities fall into each category.
BX proposes to effectuate this designation by maintaining a list on
the www.nasdaqtrader.com Web site of securities that are excluded from
this designation and thus excluded from trading on BX. The NasdaqTrader
Web site is the primary mechanism for BX to communicate with its
members about trading on the exchange. BX members already receive daily
information from the Web site including a daily list of active System
Securities, as well as a list of corporate actions and other trading
information. Adding a list of CT/CQ securities that are excluded from
trading will be an effective complement to the daily information
already provided. The rules of other exchanges also provide a
designation process that clearly contemplates the trading of less than
all eligible securities (see, e.g., BATS Rule 11.2).
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\3\ in general, and with
Section 6(b)(5) of the Act,\4\ in particular, in that it is designed 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
transaction 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, and is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------
\3\ 15 U.S.C. 78f.
\4\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
BX believes that the proposal is consistent with the Act in that it
provides for greater clarity about the securities traded on the
Exchange and, thereby, enhances the Exchange and the national market
system. The proposal does not permit unfair discrimination; rather all
designated securities may be traded by all members in a free and open
market. The proposal does not unfairly discriminate against securities
that will not trade on BX. BX is not obligated by the Exchange Act to
extend unlisted trading privileges to all CT/CQ Securities.
Additionally, all CT/CQ Securities will continue to trade on their
listing market and on numerous other exchanges that have extended
unlisted trading privileges to them.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended. The
proposed change will simply clarify the manner by which BX extends
unlisted trading privileges to CT/CQ Securities, a practice provided
for under the Act and already exercised by BX. CT/CQ Securities will
continue to be subject to meaningful competition because they will
trade on their listing market and on numerous exchanges that have
extended unlisted trading privileges to them.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received from Members, Participants, or Others
Written comments were neither solicited nor 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) of the Act \5\ and Rule 19b-4(f)(6) thereunder.\6\ 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 for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6)
thereunder.\7\
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78s(b)(3)(A).
\6\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's 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.
\7\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
A proposed rule change filed under Rule 19b-4(f)(6) \8\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\9\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest.
---------------------------------------------------------------------------
\8\ 17 CFR 240.19b-4(f)(6).
\9\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------
The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become effective and operative
immediately. According to the Exchange, the proposal is designed to
provide clarity about securities traded on the Exchange. The Exchange
noted that it is not obligated by the Act to extend unlisted trading
privileges to all CT/CQ Securities. Additionally, all CT/CQ Securities
will continue to trade on their listing market and on other exchanges
that have extended unlisted trading privileges to them. Based on the
Exchange's statements, the Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest. Therefore, the Commission designates the proposal as
operative upon filing.\10\
---------------------------------------------------------------------------
\10\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------
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 under Section 19(b)(2)(B) \11\
of the Act to determine whether the proposed rule should be approved or
disapproved.
---------------------------------------------------------------------------
\11\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------
IV. Solicitation of Comment
Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposal is
consistent with the Act. Comments may be submitted by any of the
following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-BX-2013-064 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary,
[[Page 79042]]
Securities and Exchange Commission, 100 F Street NE., Washington, DC
20549-1090.
All submissions should refer to File Number SR-BX-2013-064. 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 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-BX-2013-064 and should be
submitted on or before January 17, 2014.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------
\12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-30968 Filed 12-26-13; 8:45 am]
BILLING CODE 8011-01-P