Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Fee Schedule Under Exchange Rule 7018(a) With Respect to Transactions in Securities Priced at $1 per Share or More, 2922-2924 [2014-00691]
Download as PDF
2922
Federal Register / Vol. 79, No. 11 / Thursday, January 16, 2014 / Notices
Exchange believes that the proposal will
extend the period during which CLP
Securities will be eligible to participate
in the Program and which will enhance
the result of the Program, thereby
enhancing competition both among
listing venues as well as among
participants in the CLP Program.
(C) Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
The Exchange has neither solicited
nor received written comments on the
proposed rule change.
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, if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 9 and Rule 19b–4(f)(6)
thereunder.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 necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act.
IV. Solicitation of Comments
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
ehiers on DSK2VPTVN1PROD with NOTICES
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File No. SR–
BATS–2014–002 on the subject line.
U.S.C. 78s(b)(3)(A).
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.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
All submissions should refer to File No.
SR–BATS–2014–002. 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 changes 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 will also be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File No. SR–BATS–
2014–002 and should be submitted on
or before February 6, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–00689 Filed 1–15–14; 8:45 am]
BILLING CODE 8011–01–P
9 15
10 17
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–71286; File No. SR–BX–
2013–065]
Self-Regulatory Organizations;
NASDAQ OMX BX, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change To Amend the
Fee Schedule Under Exchange Rule
7018(a) With Respect to Transactions
in Securities Priced at $1 per Share or
More
January 10, 2014.
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
30, 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, 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
fee schedule under Exchange Rule
7018(a) with respect to transactions in
securities priced at $1 per share or
more. The Exchange will implement the
proposed rule change on January 2,
2014.
The text of the proposed rule change
is also available on the Exchange’s Web
site at https://
nasdaqomxbx.cchwallstreet.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
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
11 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00110
Fmt 4703
Sfmt 4703
2 17
E:\FR\FM\16JAN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
16JAN1
Federal Register / Vol. 79, No. 11 / Thursday, January 16, 2014 / Notices
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange is proposing to adopt a
new tier with respect to the rebates it
pays for orders that access liquidity in
securities priced at $1 or more. The new
tier applies to members that are active
in both the NASDAQ OMX BX Equities
System (the ‘‘BX Equities System’’) and
BX Options. As such, the tier is similar
to various tiers that have previously
been introduced by the NASDAQ Stock
Market for members of that exchange
that are active in both the NASDAQ
Market Center and the NASDAQ
Options Market, as well as a tier with
respect to charges of providing liquidity
that was introduced by the Exchange in
December 2013.3 Under the proposed
tier, a member will receive a credit of
$0.0013 per share executed when
accessing liquidity 4 if the member (i)
has a daily average volume of liquidity
accessed in all securities during the
month of 6 million or more shares
through one or more of its BX Equities
System market participant identifiers
(‘‘MPIDs’’), and (ii) adds and/or removes
liquidity of 40,000 or more contracts per
day during the month through BX
Options.
The proposed tier recognizes the
prevalence of trading in which members
simultaneously trade different asset
classes within the same strategy.
Because cash equities and options
markets are linked, with liquidity and
trading patterns on one market affecting
those on the other, the Exchange
believes that a pricing incentive that
encourages market participant activity
in BX Options will also support price
discovery and liquidity provision in the
BX Equities System.
ehiers on DSK2VPTVN1PROD with NOTICES
2. Statutory Basis
BX believes that the proposed rule
change is consistent with the provisions
of Section 6 of the Act,5 in general, and
Sections 6(b)(4) and (b)(5) of the Act,6 in
particular, because it provides for the
equitable allocation of reasonable dues,
fees and other charges among members
and issuers and other persons using any
facility or system that the Exchange
operates or controls, and it does not
3 See NASDAQ Rule 7018(a); Securities Exchange
Act Release No. 71055 (December 12, 2013), 78 FR
76689 (December 18, 2013) (SR–BX–2013–059).
4 As with other rebate tiers, the proposed tier does
not apply to an order that executes against a
midpoint pegged order, because the accessing order
receives price improvement.
5 15 U.S.C. 78f.
6 15 U.S.C. 78f(b)(4), (5).
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14:55 Jan 15, 2014
Jkt 232001
unfairly discriminate between
customers, issuers, brokers or dealers.
The change with respect to a new tier
for members active in both the BX
Equities System and BX Options is
reasonable because it reflects the
availability of a price reduction for
members that support liquidity on both
markets. The change is consistent with
an equitable allocation of fees because
the pricing tier requires significant
levels of activity in both markets, and is
therefore consistent with volumetric
pricing tiers at BX and many other
exchanges, which offer better pricing to
members that make significant use of an
Exchange’s services. The change is also
consistent with an equitable allocation
of fees because activity in BX Options
also supports price discovery and
liquidity provision in the BX Equities
System due to the increasing propensity
of market participants to be active in
both markets and the influence of each
market on the pricing of securities in the
other. Moreover, the new tier has the
potential to reduce fees for a wider
range of market participants by
introducing a new means of qualifying
for a higher credit for accessing
liquidity. The change is not
unreasonably discriminatory because
market participants may qualify for a
comparable credit without participating
in BX Options through another
volumetric pricing tier that BX offers.
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.7
BX notes that it operates in a highly
competitive market in which market
participants can readily favor competing
venues if they deem fee levels at a
particular venue to be excessive, or
rebate opportunities available at other
venues to be more favorable. In such an
environment, BX must continually
adjust its fees to remain competitive
with other exchanges and with
alternative trading systems that have
been exempted from compliance with
the statutory standards applicable to
exchanges. Because competitors are free
to modify their own fees in response,
and because market participants may
readily adjust their order routing
practices, BX believes that the degree to
which fee changes in this market may
impose any burden on competition is
extremely limited. In this instance, the
change with respect to a new pricing
tier for members active in the
Exchange’s cash equities and options
markets enhances the Exchange’s
competitiveness by reducing fees.
However, because competitors may
readily change their own prices in
response, BX does not believe that the
proposed changes will impair the ability
of members or competing order
execution venues to maintain their
competitive standing in the financial
markets.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 8 and paragraph (f) of Rule
19b–4 9 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.
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–
BX–2013–065 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–BX–2013–065. 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
8 15
7 15
PO 00000
U.S.C. 78f(b)(8).
Frm 00111
Fmt 4703
9 17
Sfmt 4703
2923
E:\FR\FM\16JAN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f).
16JAN1
2924
Federal Register / Vol. 79, No. 11 / Thursday, January 16, 2014 / Notices
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–2013–065 and should
be submitted on or before February 6,
2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–00691 Filed 1–15–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–71282; File No. SR–FINRA–
2013–046]
Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Notice of Designation
of a Longer Period for Commission
Action on Proposed Rule Change
Relating to TRACE Reporting and
Dissemination of Transactions in
Additional Asset-Backed Securities
transactions in additional asset-backed
securities. The proposed rule change
was published for comment in the
Federal Register on November 26,
2013.3 The Commission received one
comment on the proposal.4
Section 19(b)(2) of the Act 5 provides
that, within 45 days of the publication
of notice of the filing of a proposed rule
change, or within such longer period up
to 90 days as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or as to which the
self-regulatory organization consents,
the Commission shall either approve the
proposed rule change, disapprove the
proposed rule change, or institute
proceedings to determine whether the
proposed rule change should be
disapproved. The 45th day for this filing
is January 10, 2014. The Commission is
extending this 45-day time period.
The Commission finds that it is
appropriate to designate a longer period
within which to take action on the
proposed rule change so that it has
sufficient time to consider the proposed
rule change and the comment received.
The proposed rule change would,
among other things, provide for posttrade transparency of transactions in
certain asset-backed securities.
Accordingly, the Commission,
pursuant to Section 19(b)(2) of the Act,6
designates February 24, 2014, as the
date by which the Commission should
either approve or disapprove or institute
proceedings to determine whether to
disapprove the proposed rule change.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–00687 Filed 1–15–14; 8:45 am]
BILLING CODE 8011–01–P
ehiers on DSK2VPTVN1PROD with NOTICES
January 10, 2014.
On November 13, 2013, the Financial
Industry Regulatory Authority, Inc.
(‘‘FINRA’’) filed with the Securities and
Exchange Commission (‘‘Commission’’),
pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a
proposed rule change relating to TRACE
reporting and dissemination of
10 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
14:55 Jan 15, 2014
Jkt 232001
3 See Securities Exchange Act Release No. 70906
(November 20, 2013), 78 FR 70602 (‘‘Notice’’).
4 See letter from Chris Killian, Managing Director,
Securitization, SIFMA to Elizabeth M. Murphy,
Secretary, Commission, dated December 17, 2013.
5 15 U.S.C. 78s(b)(2).
6 15 U.S.C. 78s(b)(2).
7 17 CFR 200.30–3(a)(31).
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–71287; File No. SR–FINRA–
2014–001]
Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Extend the Expiration
Date of FINRA Rule 0180 (Application
of Rules to Security-Based Swaps)
January 10, 2014.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (‘‘Act’’
or ‘‘Exchange Act’’) 1 and Rule 19b–4
thereunder,2 notice is hereby given that
on January 8, 2014, Financial Industry
Regulatory Authority, Inc. (‘‘FINRA’’)
filed with the Securities and Exchange
Commission (‘‘SEC’’ or ‘‘Commission’’)
the proposed rule change as described
in Items I, II, and III below, which Items
have been prepared by FINRA. FINRA
has designated the proposed rule change
as constituting a ‘‘non-controversial’’
rule change under paragraph (f)(6) of
Rule 19b–4 under the Act,3 which
renders the proposal effective upon
receipt of this filing by the Commission.
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
FINRA is proposing to extend the
expiration date of FINRA Rule 0180
(Application of Rules to Security-Based
Swaps) to February 11, 2015. FINRA
Rule 0180 temporarily limits, with
certain exceptions, the application of
FINRA rules with respect to securitybased swaps.
The text of the proposed rule change
is available on FINRA’s Web site at
https://www.finra.org, at the principal
office of FINRA 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,
FINRA 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. FINRA has prepared
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 17 CFR 240.19b–4(f)(6).
2 17
E:\FR\FM\16JAN1.SGM
16JAN1
Agencies
[Federal Register Volume 79, Number 11 (Thursday, January 16, 2014)]
[Notices]
[Pages 2922-2924]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00691]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-71286; File No. SR-BX-2013-065]
Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend the
Fee Schedule Under Exchange Rule 7018(a) With Respect to Transactions
in Securities Priced at $1 per Share or More
January 10, 2014.
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 30, 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, 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 fee schedule under Exchange Rule
7018(a) with respect to transactions in securities priced at $1 per
share or more. The Exchange will implement the proposed rule change on
January 2, 2014.
The text of the proposed rule change is also available on the
Exchange's Web site at https://nasdaqomxbx.cchwallstreet.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 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 2923]]
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange is proposing to adopt a new tier with respect to the
rebates it pays for orders that access liquidity in securities priced
at $1 or more. The new tier applies to members that are active in both
the NASDAQ OMX BX Equities System (the ``BX Equities System'') and BX
Options. As such, the tier is similar to various tiers that have
previously been introduced by the NASDAQ Stock Market for members of
that exchange that are active in both the NASDAQ Market Center and the
NASDAQ Options Market, as well as a tier with respect to charges of
providing liquidity that was introduced by the Exchange in December
2013.\3\ Under the proposed tier, a member will receive a credit of
$0.0013 per share executed when accessing liquidity \4\ if the member
(i) has a daily average volume of liquidity accessed in all securities
during the month of 6 million or more shares through one or more of its
BX Equities System market participant identifiers (``MPIDs''), and (ii)
adds and/or removes liquidity of 40,000 or more contracts per day
during the month through BX Options.
---------------------------------------------------------------------------
\3\ See NASDAQ Rule 7018(a); Securities Exchange Act Release No.
71055 (December 12, 2013), 78 FR 76689 (December 18, 2013) (SR-BX-
2013-059).
\4\ As with other rebate tiers, the proposed tier does not apply
to an order that executes against a midpoint pegged order, because
the accessing order receives price improvement.
---------------------------------------------------------------------------
The proposed tier recognizes the prevalence of trading in which
members simultaneously trade different asset classes within the same
strategy. Because cash equities and options markets are linked, with
liquidity and trading patterns on one market affecting those on the
other, the Exchange believes that a pricing incentive that encourages
market participant activity in BX Options will also support price
discovery and liquidity provision in the BX Equities System.
2. Statutory Basis
BX believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act,\5\ in general, and Sections 6(b)(4)
and (b)(5) of the Act,\6\ in particular, because it provides for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system that
the Exchange operates or controls, and it does not unfairly
discriminate between customers, issuers, brokers or dealers.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f.
\6\ 15 U.S.C. 78f(b)(4), (5).
---------------------------------------------------------------------------
The change with respect to a new tier for members active in both
the BX Equities System and BX Options is reasonable because it reflects
the availability of a price reduction for members that support
liquidity on both markets. The change is consistent with an equitable
allocation of fees because the pricing tier requires significant levels
of activity in both markets, and is therefore consistent with
volumetric pricing tiers at BX and many other exchanges, which offer
better pricing to members that make significant use of an Exchange's
services. The change is also consistent with an equitable allocation of
fees because activity in BX Options also supports price discovery and
liquidity provision in the BX Equities System due to the increasing
propensity of market participants to be active in both markets and the
influence of each market on the pricing of securities in the other.
Moreover, the new tier has the potential to reduce fees for a wider
range of market participants by introducing a new means of qualifying
for a higher credit for accessing liquidity. The change is not
unreasonably discriminatory because market participants may qualify for
a comparable credit without participating in BX Options through another
volumetric pricing tier that BX offers.
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.\7\
BX notes that it operates in a highly competitive market in which
market participants can readily favor competing venues if they deem fee
levels at a particular venue to be excessive, or rebate opportunities
available at other venues to be more favorable. In such an environment,
BX must continually adjust its fees to remain competitive with other
exchanges and with alternative trading systems that have been exempted
from compliance with the statutory standards applicable to exchanges.
Because competitors are free to modify their own fees in response, and
because market participants may readily adjust their order routing
practices, BX believes that the degree to which fee changes in this
market may impose any burden on competition is extremely limited. In
this instance, the change with respect to a new pricing tier for
members active in the Exchange's cash equities and options markets
enhances the Exchange's competitiveness by reducing fees. However,
because competitors may readily change their own prices in response, BX
does not believe that the proposed changes will impair the ability of
members or competing order execution venues to maintain their
competitive standing in the financial markets.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The foregoing change has become effective pursuant to Section
19(b)(3)(A) of the Act \8\ and paragraph (f) of Rule 19b-4 \9\
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.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 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-BX-2013-065 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-BX-2013-065. 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
[[Page 2924]]
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-2013-065 and
should be submitted on or before February 6, 2014.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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\10\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-00691 Filed 1-15-14; 8:45 am]
BILLING CODE 8011-01-P