Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Add a Reference to Rule 10C-1 Under the Exchange Act in EDGX Rule 14.1 Concerning Unlisted Trading Privileges, 17613-17615 [2014-06965]
Download as PDF
Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Notices
products similar to the Book Depth Data
Feed. For example, BATS offers
Multicast PITCH, which is their depth
of market and last sale feed similar to
the Book Depth Data Feed. The
International Securities Exchange offers
a data feed that shows the top five price
levels entitled Depth of Market.
NASDAQ OMX PHLX offers a Depth of
Market data feed that includes full
depth of quotes and orders and last sale
data for options listed on PHLX.
NASDAQ Options Market offers a
product entitled ‘‘NASDAQ ITCH-toTrade Options’’ (ITTO) that is similar to
the Book Depth Data Feed. NYSE offers
market data products entitled ‘‘NYSE
ArcaBook for Amex Options’’ and
‘‘NYSE ArcaBook for Arca Options’’ that
include top-of-book, last sale and depth
of quote data. In addition, the OPRA
data feed is a significant competitive
alternative to both the BBO Data Feed
and the Book Depth Data Feed. The
Exchange believes the enhanced BBO
and COB Data Feeds and the Book
Depth Data Feed will help to attract new
users and new order flow to the
Exchange, thereby improving the
Exchange’s ability to compete in the
market for options order flow and
executions.
mstockstill on DSK4VPTVN1PROD with NOTICES
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
Because the foregoing proposed rule
change does not:
A. Significantly affect the protection
of investors or the public interest;
B. impose any significant burden on
competition; and
C. 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) of the
Act 11 and Rule 19b–4(f)(6) 12
thereunder.
The Exchange has requested that the
Commission waive the 30-day operative
delay so that the proposal may become
operative immediately upon filing. The
Exchange has stated that it does not
intend to amend the fees for the BBO
and COB Data Feeds, and that the
proposed Book Depth Data Feed mostly
includes data already made available by
15 U.S.C. 78s(b)(3)(A).
12 17 CFR 240.19b–4(f)(6).
11
VerDate Mar<15>2010
18:57 Mar 27, 2014
Jkt 232001
the Exchange through the BBO Data
Feed. The Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest,
because such waiver will enable market
participants to receive more market data
via the Exchange’s new and existing
data feeds at no charge. For this reason,
the Commission hereby waives the 30day operative delay requirement and
designates the proposed rule change to
be operative upon filing.13
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–
C2–2014–005 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–C2–2014–005. 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
13 For purposes only of waiving the operative
delay for this proposal, the Commission has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
PO 00000
Frm 00120
Fmt 4703
Sfmt 4703
17613
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–C2–
2014–005, and should be submitted on
or before April 18, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–06885 Filed 3–27–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–71777; File No. SR–EDGX–
2014–06]
Self-Regulatory Organizations; EDGX
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Add a Reference to
Rule 10C–1 Under the Exchange Act in
EDGX Rule 14.1 Concerning Unlisted
Trading Privileges
March 24, 2014.
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 March 12,
2014, EDGX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘EDGX’’) 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 self-regulatory organization. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
14 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b 4.
1 15
E:\FR\FM\28MRN1.SGM
28MRN1
17614
Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Notices
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange is filing with the
Commission a proposal to amend
Exchange Rule 14.1 to make clear that
the Exchange will not list equity
securities without first ensuring that its
rules comply with Rule 10C–1 under the
Act (‘‘Rule 10C–1’’). The text of the
proposed rule change is available on the
Exchange’s Internet Web site at
www.directedge.com, at the Exchange’s
principal office, and at the Public
Reference Room of the Commission.
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 these statements may be examined at
the places specified in Item IV below.
The self-regulatory organization 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
mstockstill on DSK4VPTVN1PROD with NOTICES
1. Purpose
The Exchange proposes to amend
Exchange Rule 14.1 to make clear that
the Exchange will not list equity
securities without first ensuring that its
rules comply with Rule 10C–1.
On March 30, 2011, to implement
Section 10C of the Act, as added by
Section 952 of the Dodd-Frank Wall
Street Reform and Consumer Protection
Act of 2010,3 the Commission proposed
Rule 10C–1 under the Act,4 which
directs each national securities
exchange to prohibit the listing of any
equity security of any issuer, with
certain exceptions, that does not comply
with the rule’s requirements regarding
compensation committees of listed
issuers and related requirements
regarding compensation advisers. On
June 20, 2012, the Commission adopted
Rule 10C–1.5
3 Public
Law 111–203, 124 Stat. 1900 (2010).
Securities Act Release No. 9199, Securities
Exchange Act Release No. 64149 (March 30, 2011),
76 FR 18966 (April 6, 2011) (‘‘Rule 10C–1
Proposing Release’’).
5 See 17 CFR 240.10C–1 and Securities Exchange
Act Release No. 67220 (June 20, 2012), 77 FR 38422
(June 27, 2012) (‘‘Rule 10C–1 Adopting Release’’).
4 See
VerDate Mar<15>2010
18:57 Mar 27, 2014
Jkt 232001
Exchange Rule 14.1 states that the
Exchange extends unlisted trading
privileges (‘‘UTP’’) to equity securities
listed on another national securities
exchange.6 Rule 14.1 further states that,
should the Exchange wish to permit the
listing of equity securities, pursuant to
Rules 14.2 through 14.9, it must first file
a proposed rule change with the
Commission amending its rules to
comply with Rule 10A–3 under the Act,
among other requirements.7
Accordingly, the Exchange proposes to
add a reference to Rule 10C–1 under the
Act, which requires securities
exchanges that list equity securities to
adopt rules relating to the independence
of compensation committees and their
advisers.8 In particular, the following
change will be made to the text of Rule
14.1(a) (proposed text to be added is
underlined):
Therefore, the provisions of Rules 14.2
through 14.9 that permit the listing of Equity
Securities other than common stock,
secondary classes of common stock, preferred
stock and similar issues, shares or certificates
of beneficial interest of trusts, notes, limited
partnership interests, warrants, certificates of
deposit for common stock, convertible debt
securities, American Depositary Receipts
(‘‘ADRs’’), and contingent value rights
(‘‘CVRs’’) will not be effective until the
Exchange files a proposed rule change under
Section 19(b)(2) under the Exchange Act to
amend its rules to comply with Rules 10A–
3 and 10C–1 under the Exchange Act and to
incorporate qualitative listing criteria, and
such proposed rule change is approved by
the Commission.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act,9 in general, and furthers the
objectives of Section 6(b)(5) of the Act,10
in particular, in that it is designed to
promote just and equitable principles of
trade, 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. The rule
change will promote these goals by
clarifying further the intent of Rule 14.1,
which exists to permit the Exchange to
extend UTP to stocks that are listed on
another national securities exchange
pursuant to Section 12(f) of the Act.11
The proposed amendments to Rule 14.1
emphasize that the Exchange will not
6 See
Exchange Rule 14.1.
7 Id.
8 17
CFR 240.10C–1.
U.S.C. 78f(b).
10 15 U.S.C. 78f(b)(5).
11 15 U.S.C. 78l(f).
list securities pursuant to Rules 14.2
through 14.9 until it proposes certain
rule changes and those changes are
approved by the Commission. The
Exchange believes the proposed rule
change is consistent with the protection
of investors because it clarifies the fact
that the Exchange will not list equity
securities without first ensuring that its
rules comply with Rule 10C–1, which
implements Section 10C of the Act.
These clarifications will also serve to
protect investors and the public interest
by preventing confusion about the
intent of Rule 14.1.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act, as amended.
The proposed rule change simply
requires the codification of standards to
which compensation committees of
listed companies will be held should
such companies choose to list their
securities on the Exchange if the
Exchange were to become a relevant
listing exchange.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to 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)12 of the Act and Rule 19b–
4(f)(6)13 thereunder. The proposed rule
change effects a change that (A) does not
significantly affect the protection of
investors or the public interest; (B) does
not impose any significant burden on
competition; and (C) by its terms, does
not become operative for 30 days after
the date of the filing, or such shorter
time as the Commission may designate
if consistent with the protection of
investors and the public interest;
provided that the self-regulatory
organization has given the Commission
written notice of its intent to file the
proposed rule change, along with a brief
description and text of the proposed
rule change, at least five business days
prior to the date of filing of the
915
PO 00000
Frm 00121
Fmt 4703
12 15
13 17
Sfmt 4703
E:\FR\FM\28MRN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
28MRN1
Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Notices
proposed rule change, or such shorter
time as designated by the Commission.
The Exchange provided the
Commission with written notice of its
intent to file the proposed rule change,
along with a brief description and text
of the proposed rule change, at least five
(5) business days prior to the date of
filing.14 The Exchange has satisfied this
requirement [sic].
The Exchange believes that the
proposed rule change meets the
requirements of Rule 19b–4(f)(6).15
Specifically, the proposal does not
significantly affect the protection of
investors or the public interest because
it simply requires the codification of
standards to which compensation
committees of listed companies will be
held if the Exchange were to become a
listing market. Further, it does not
involve any novel or complex issue and
is substantially similar to the UTP
listing rules of the BATS–Y Exchange,
Inc. (‘‘BYX’’).16 Furthermore, the
proposed rule change benefits investors
in that it increases transparency for
investors and promotes responsible
corporate governance by requiring the
codification of standards for
compensation committees of listed
companies should the Exchange become
a primary listing exchange. Accordingly,
the Exchange has designated this rule
filing as non-controversial under
Section 19(b)(3)(A) of the Act17 and
paragraph (f)(6) of Rule 19b–4
thereunder.18
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:
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
EDGX–2014–06 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–EDGX–2014–06. 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
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–EDGX–
2014–06, and should be submitted on or
before April 18, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
Kevin M. O’Neill,
Deputy Secretary.
mstockstill on DSK4VPTVN1PROD with NOTICES
Electronic Comments
[FR Doc. 2014–06965 Filed 3–27–14; 8:45 am]
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
BILLING CODE 8011–01–P
CFR 240.19b–4(f)(6)(iii).
CFR 240.19b–4(f)(6).
16 See BYX Rule 14.1. Securities Exchange Act
Release No. 70623 (October 8, 2013), 78 FR 6277
(October 22, 2013).
17 15 U.S.C. 78s(b)(3)(A).
18 17 CFR 240.19b–4(f)(6).
Jkt 232001
[Release No. 34–71781; File No. SR–FINRA–
2014–013]
Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Extend the Clearly
Erroneous Pilot Program for
Exchange-Listed Securities
March 24, 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 March
19, 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 and
II below, which Items have been
prepared by FINRA. 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 a pilot
program related to FINRA Rule 11892,
entitled ‘‘Clearly Erroneous
Transactions in Exchange-Listed
Securities.’’
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
summaries, set forth in sections A, B,
and C below, of the most significant
aspects of such statements.
1. Purpose
The purpose of this filing is to extend
the effectiveness of FINRA’s current rule
15 17
18:57 Mar 27, 2014
SECURITIES AND EXCHANGE
COMMISSION
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
14 17
VerDate Mar<15>2010
17615
1 15
19 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00122
Fmt 4703
Sfmt 4703
2 17
E:\FR\FM\28MRN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
28MRN1
Agencies
[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Notices]
[Pages 17613-17615]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06965]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-71777; File No. SR-EDGX-2014-06]
Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Add a
Reference to Rule 10C-1 Under the Exchange Act in EDGX Rule 14.1
Concerning Unlisted Trading Privileges
March 24, 2014.
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 March 12, 2014, EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') 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 self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b 4.
---------------------------------------------------------------------------
[[Page 17614]]
I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change
The Exchange is filing with the Commission a proposal to amend
Exchange Rule 14.1 to make clear that the Exchange will not list equity
securities without first ensuring that its rules comply with Rule 10C-1
under the Act (``Rule 10C-1''). The text of the proposed rule change is
available on the Exchange's Internet Web site at www.directedge.com, at
the Exchange's principal office, and at the Public Reference Room of
the Commission.
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 these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
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 Exchange Rule 14.1 to make clear
that the Exchange will not list equity securities without first
ensuring that its rules comply with Rule 10C-1.
On March 30, 2011, to implement Section 10C of the Act, as added by
Section 952 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act of 2010,\3\ the Commission proposed Rule 10C-1 under the
Act,\4\ which directs each national securities exchange to prohibit the
listing of any equity security of any issuer, with certain exceptions,
that does not comply with the rule's requirements regarding
compensation committees of listed issuers and related requirements
regarding compensation advisers. On June 20, 2012, the Commission
adopted Rule 10C-1.\5\
---------------------------------------------------------------------------
\3\ Public Law 111-203, 124 Stat. 1900 (2010).
\4\ See Securities Act Release No. 9199, Securities Exchange Act
Release No. 64149 (March 30, 2011), 76 FR 18966 (April 6, 2011)
(``Rule 10C-1 Proposing Release'').
\5\ See 17 CFR 240.10C-1 and Securities Exchange Act Release No.
67220 (June 20, 2012), 77 FR 38422 (June 27, 2012) (``Rule 10C-1
Adopting Release'').
---------------------------------------------------------------------------
Exchange Rule 14.1 states that the Exchange extends unlisted
trading privileges (``UTP'') to equity securities listed on another
national securities exchange.\6\ Rule 14.1 further states that, should
the Exchange wish to permit the listing of equity securities, pursuant
to Rules 14.2 through 14.9, it must first file a proposed rule change
with the Commission amending its rules to comply with Rule 10A-3 under
the Act, among other requirements.\7\ Accordingly, the Exchange
proposes to add a reference to Rule 10C-1 under the Act, which requires
securities exchanges that list equity securities to adopt rules
relating to the independence of compensation committees and their
advisers.\8\ In particular, the following change will be made to the
text of Rule 14.1(a) (proposed text to be added is underlined):
\6\ See Exchange Rule 14.1.
\7\ Id.
\8\ 17 CFR 240.10C-1.
---------------------------------------------------------------------------
Therefore, the provisions of Rules 14.2 through 14.9 that permit
the listing of Equity Securities other than common stock, secondary
classes of common stock, preferred stock and similar issues, shares
or certificates of beneficial interest of trusts, notes, limited
partnership interests, warrants, certificates of deposit for common
stock, convertible debt securities, American Depositary Receipts
(``ADRs''), and contingent value rights (``CVRs'') will not be
effective until the Exchange files a proposed rule change under
Section 19(b)(2) under the Exchange Act to amend its rules to comply
with Rules 10A-3 and 10C-1 under the Exchange Act and to incorporate
qualitative listing criteria, and such proposed rule change is
approved by the Commission.
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\9\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\10\ in particular, in that it is designed to
promote just and equitable principles of trade, 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. The rule change will promote
these goals by clarifying further the intent of Rule 14.1, which exists
to permit the Exchange to extend UTP to stocks that are listed on
another national securities exchange pursuant to Section 12(f) of the
Act.\11\ The proposed amendments to Rule 14.1 emphasize that the
Exchange will not list securities pursuant to Rules 14.2 through 14.9
until it proposes certain rule changes and those changes are approved
by the Commission. The Exchange believes the proposed rule change is
consistent with the protection of investors because it clarifies the
fact that the Exchange will not list equity securities without first
ensuring that its rules comply with Rule 10C-1, which implements
Section 10C of the Act. These clarifications will also serve to protect
investors and the public interest by preventing confusion about the
intent of Rule 14.1.
---------------------------------------------------------------------------
\9\15 U.S.C. 78f(b).
\10\ 15 U.S.C. 78f(b)(5).
\11\ 15 U.S.C. 78l(f).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act, as amended. The proposed
rule change simply requires the codification of standards to which
compensation committees of listed companies will be held should such
companies choose to list their securities on the Exchange if the
Exchange were to become a relevant listing exchange.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were solicited or received with respect to 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)\12\ of the Act and Rule 19b-4(f)(6)\13\ thereunder. The
proposed rule change effects a change that (A) does not significantly
affect the protection of investors or the public interest; (B) does not
impose any significant burden on competition; and (C) by its terms,
does not become operative for 30 days after the date of the filing, or
such shorter time as the Commission may designate if consistent with
the protection of investors and the public interest; provided that the
self-regulatory organization has given the Commission written notice of
its intent to file the proposed rule change, along with a brief
description and text of the proposed rule change, at least five
business days prior to the date of filing of the
[[Page 17615]]
proposed rule change, or such shorter time as designated by the
Commission.
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\12\ 15 U.S.C. 78s(b)(3)(A).
\13\ 17 CFR 240.19b-4(f)(6).
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The Exchange provided the Commission with written notice of its
intent to file the proposed rule change, along with a brief description
and text of the proposed rule change, at least five (5) business days
prior to the date of filing.\14\ The Exchange has satisfied this
requirement [sic].
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\14\ 17 CFR 240.19b-4(f)(6)(iii).
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The Exchange believes that the proposed rule change meets the
requirements of Rule 19b-4(f)(6).\15\ Specifically, the proposal does
not significantly affect the protection of investors or the public
interest because it simply requires the codification of standards to
which compensation committees of listed companies will be held if the
Exchange were to become a listing market. Further, it does not involve
any novel or complex issue and is substantially similar to the UTP
listing rules of the BATS-Y Exchange, Inc. (``BYX'').\16\ Furthermore,
the proposed rule change benefits investors in that it increases
transparency for investors and promotes responsible corporate
governance by requiring the codification of standards for compensation
committees of listed companies should the Exchange become a primary
listing exchange. Accordingly, the Exchange has designated this rule
filing as non-controversial under Section 19(b)(3)(A) of the Act\17\
and paragraph (f)(6) of Rule 19b-4 thereunder.\18\
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\15\ 17 CFR 240.19b-4(f)(6).
\16\ See BYX Rule 14.1. Securities Exchange Act Release No.
70623 (October 8, 2013), 78 FR 6277 (October 22, 2013).
\17\ 15 U.S.C. 78s(b)(3)(A).
\18\ 17 CFR 240.19b-4(f)(6).
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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-EDGX-2014-06 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-EDGX-2014-06. 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 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-EDGX-2014-06, and should be
submitted on or before April 18, 2014.
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\19\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-06965 Filed 3-27-14; 8:45 am]
BILLING CODE 8011-01-P