Self-Regulatory Organizations; C2 Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Extending AIM Pilot Program Until July 18, 2015, 41325-41327 [2014-16495]
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Federal Register / Vol. 79, No. 135 / Tuesday, July 15, 2014 / Notices
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–ICEEU–2014–11. 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
filings also will be available for
inspection and copying at the principal
office of ICE Clear Europe and on ICE
Clear Europe’s Web site at https://
www.theice.com/publicdocs/regulatory_
filings/ICEU_070714_SEC.pdf.
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–ICEEU–2014–11 and
should be submitted on or before July
25, 2014.14
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–16542 Filed 7–14–14; 8:45 am]
mstockstill on DSK4VPTVN1PROD with NOTICES
BILLING CODE 8011–01–P
14 The Commission believes that a 10-day
comment period is reasonable, given the urgency of
the matter. It will provide adequate time for
comment.
15 17 CFR 200.30–3(a)(12).
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17:46 Jul 14, 2014
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–72569; File No. SR–C2–
2014–014]
Self-Regulatory Organizations; C2
Options Exchange, Incorporated;
Notice of Filing and Immediate
Effectiveness of a Proposed Rule
Change Relating to Extending AIM
Pilot Program Until July 18, 2015
July 9, 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 July 1,
2014, C2 Options Exchange,
Incorporated (‘‘Exchange’’ or ‘‘C2’’) 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 proposed rule change proposes to
amend the Exchange’s rules related to
its Automated Improvement Mechanism
(‘‘AIM’’). The text of the proposed rule
change is provided below.
(additions are underlined; deletions are
[bracketed])
*
*
*
*
*
C2 Options Exchange, Incorporated
Rules
*
*
*
*
*
Rule 6.51. Automated Improvement
Mechanism (‘‘AIM’’)
Notwithstanding the provisions of
Rule 6.50, a Participant that represents
agency orders may electronically
execute an order it represents as agent
(‘‘Agency Order’’) against principal
interest or against a solicited order
provided it submits the Agency Order
for execution into the AIM auction
(‘‘Auction’’) pursuant to this Rule.
(a)–(b) No change.
. . . Interpretations and Policies:
.01–.02 No change.
.03 Initially, and for at least a Pilot
Period expiring on July 18, 201[4]5,
there will be no minimum size
requirement for orders to be eligible for
the Auction. During this Pilot Period,
the Exchange will submit certain data,
periodically as required by the
PO 00000
1 15
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
Frm 00080
Fmt 4703
Sfmt 4703
41325
Commission, to provide supporting
evidence that, among other things, there
is meaningful competition for all size
orders and that there is an active and
liquid market functioning on the
Exchange outside of the Auction
mechanism. Any data which is
submitted to the Commission will be
provided on a confidential basis.
.04–.09 No change.
*
*
*
*
*
The text of the proposed rule change
is also available on the Exchange’s Web
site (https://www.cboe.com/AboutCBOE/
CBOELegalRegulatoryHome.aspx), at
the Exchange’s Office of the Secretary,
and at the Commission’s Public
Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
In December 2009, the Commission
approved adoption of C2’s rules,
including the AIM auction process.3
AIM exposes certain orders
electronically to an auction process to
provide these orders with the
opportunity to receive an execution at
an improved price. The AIM auction is
available only for orders that a Trading
Permit Holder represents as agent
(‘‘Agency Order’’) and for which a
second order of the same size as the
Agency Order (and on the opposite side
of the market) is also submitted
(effectively stopping the Agency Order
at a given price).4
The Commission approved on a pilot
basis the component of AIM that there
is no minimum size requirement for
orders to be eligible for the auction. In
3 See Securities Exchange Act Release No. 61152
(December 10, 2009), 74 FR 66699 (December 16,
2009) (SR–C2–2011–015).
4 The Exchange first activated AIM on October 17,
2011 for P.M.-settled options on the S&P 500 Index
(SPXpm), which are no longer listed on the
Exchange. Currently, AIM is not activated for any
classes on C2.
E:\FR\FM\15JYN1.SGM
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41326
Federal Register / Vol. 79, No. 135 / Tuesday, July 15, 2014 / Notices
connection with the pilot program, the
Exchange has submitted to the
Commission reports providing AIM
auction and order execution data, and
the Exchange will continue to submit to
the Commission these reports. Four oneyear extensions to the pilot program
have previously become effective.5 The
proposed rule change merely extends
the duration of the pilot program until
July 18, 2015. Extending the pilot for an
additional year will allow the
Commission more time to consider the
impact of the pilot program on AIM
order executions.
2. Statutory Basis
mstockstill on DSK4VPTVN1PROD with NOTICES
The Exchange believes the proposed
rule change is consistent with the Act
and the rules and regulations
thereunder applicable to the Exchange
and, in particular, the requirements of
Section 6(b) of the Act.6 Specifically,
the Exchange believes the proposed rule
change is consistent with the Section
6(b)(5) 7 requirements that the rules of
an exchange be designed to prevent
fraudulent and manipulative acts and
practices, to promote just and equitable
principles of trade, to foster cooperation
and coordination with persons engaged
in regulating, clearing, settling,
processing information with respect to,
and facilitating transactions in
securities, to remove impediments to
and perfect the mechanism of a free and
open market and a national market
system, and, in general, to protect
investors and the public interest.
Additionally, the Exchange believes the
proposed rule change is consistent with
the Section 6(b)(5) 8 requirement that
the rules of an exchange not be designed
to permit unfair discrimination between
customers, issuers, brokers, or dealers.
In particular, the proposed rule
change protects investors and the public
interest by allowing for an extension of
the AIM pilot program, and thus
allowing additional time for the
Commission to evaluate the AIM pilot
program. The AIM pilot program will
continue to allow smaller orders to
receive the opportunity for price
improvement pursuant to the AIM
auction.
5 See Securities Exchange Act Release Nos. 63238
(November 3, 2010), 75 FR 68844 (November 9,
2010) (SR–C2–2010–008); 64929 (July 20, 2011), 76
FR 44635 (July 26, 2011) (SR–C2–2011–015); 67303
(June 28, 2012), 77 FR 39777 (July 5, 2012) (SR–C2–
2012–021); and 69868 (June 27, 2013), 78 FR 40235
(July 3, 2013) (SR–C2–2013–023).
6 15 U.S.C. 78f(b).
7 15 U.S.C. 78f(b)(5).
8 Id.
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17:46 Jul 14, 2014
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B. Self-Regulatory Organization’s
Statement on Burden on Competition
C2 does not believe that the proposed
rule change will impose any burden on
competition that is not necessary or
appropriate in furtherance of the
purposes of the Act. The Exchange does
not believe the proposed rule change
imposes any burden on intramarket
competition because it applies to all
Trading Permit Holders. All Trading
Permit Holders that submit orders into
an AIM auction are still subject to the
same requirements. In addition, the
Exchange does not believe the proposed
rule change will impose any burden on
intermarket competition, as it merely
extends the duration of an existing pilot
program, which is available to all
market participants through Trading
Permit Holders. AIM will continue to
function in the same manner as it
currently functions for an extended
period of time.
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: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A)(ii) of the Act 9 and Rule 19b–
4(f)(6) 10 thereunder.
A proposed rule change filed under
Rule 19b–4(f)(6) normally does not
become operative for 30 days after the
date of the filing. However, pursuant to
Rule 19b–4(f)(6)(iii), the Commission
may designate a shorter time if such
action is consistent with the protection
of investors and the public interest. The
Exchange requested that the
Commission waive the 30-day operative
delay. The Exchange noted that waiver
U.S.C. 78s(b)(3)(A)(ii).
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.
PO 00000
9 15
10 17
Frm 00081
Fmt 4703
Sfmt 4703
will permit the AIM pilot program to
continue without interruption.
The Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest, as it
will allow the pilot program to continue
uninterrupted, thereby avoiding any
potential investor confusion that could
result from a temporary interruption in
the pilot program. Further, the
Commission notes that because the
filing was submitted for immediate
effectiveness on July 1, 2014, the fact
that the current pilot programs do not
expire until July 18, 2014 will afford
interested parties the opportunity to
comment on the proposal before the
Exchange requires it to become
operative. For this reason, the
Commission designates the proposed
rule change to be operative on July 18,
2014.11
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.12
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–
C2–2014–014 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–C2–2014–014. 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/
11 For purposes only of waiving the operative
delay, the Commission has considered the proposed
rule’s impact on efficiency, competition, and capital
formation. 15 U.S.C. 78c(f).
12 15 U.S.C. 78s(b)(3)(C).
E:\FR\FM\15JYN1.SGM
15JYN1
Federal Register / Vol. 79, No. 135 / Tuesday, July 15, 2014 / Notices
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of 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–C2–
2014–014 and should be submitted on
or before August 5, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–16495 Filed 7–14–14; 8:45 am]
BILLING CODE 8011–01–P
[Release No. 34–72572; File No. SR–Phlx–
2014–43]
Self-Regulatory Organizations;
NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend the
Exchange’s Pricing Schedule Under
Section VIII With Respect to Execution
and Routing of Orders in Securities
Priced at $1 or More Per Share
July 9, 2014.
mstockstill on DSK4VPTVN1PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
Exchange’s Pricing Schedule under
Section VIII, entitled ‘‘NASDAQ OMX
PSX FEES,’’ with respect to execution
and routing of orders in securities
priced at $1 or more per share.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://
nasdaqomxphlx.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.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
SECURITIES AND EXCHANGE
COMMISSION
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 June 27,
2014, NASDAQ OMX PHLX LLC
(‘‘Phlx’’ or ‘‘Exchange’’) 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 the Exchange. The
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
1. Purpose
The purpose of the proposed rule
change is to amend the certain fees and
rebates for order execution and routing
applicable to the use of the order
execution and routing services of the
NASDAQ OMX PSX System (‘‘PSX’’) by
member organizations for all securities
traded at $1 or more per share.
The Exchange is proposing to
eliminate the distinction in the fees
assessed for order execution and routing
based on security type. Currently, the
Exchange has three separate rule
sections 3 that provide charges and
credits for securities that execute on
PSX, which are divided by whether the
executed security is listed on The
Nasdaq Stock Market (‘‘Nasdaq’’), New
York Stock Exchange (‘‘NYSE’’), or an
exchange other than Nasdaq or NYSE
(collectively, ‘‘Exchange-Listed
Securities’’). The three sections are
largely identical in terms of the
13 17
1 15
VerDate Mar<15>2010
17:46 Jul 14, 2014
3 NASDAQ OMX PHLX LLC Pricing Schedule,
Section VIII(a)(1)–(3).
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PO 00000
Frm 00082
Fmt 4703
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41327
categories for which charges are
assessed and credits given, with the
differences noted in the discussion
below. The Exchange is combining all
three sections into one section, which
will result in a single category of credits
provided and charges assessed on
executions in quotes/orders on PSX.
Amended Fees for Execution of Quotes/
Orders
The Exchange proposes to eliminate
the $0.0030 per share charge currently
assessed for orders in Exchange-Listed
Securities entered through a PSX market
participant identifier (‘‘MPID’’) through
which the member organization
provides an average daily volume of
10,000 or more shares of liquidity
during the month. The Exchange is also
proposing to reduce the charge assessed
for an order that is designated as eligible
for routing in Exchange-Listed
Securities from $0.0030 per share to
$0.0026 per share. Similarly, the
Exchange is proposing to reduce the
charge assessed for all other orders in
Exchange-Listed Securities from
$0.0030 per share to $0.0026 per share.
Amended Credits for Execution of
Quotes/Orders: Displayed Orders
The Exchange is proposing to provide
a new credit for the execution of
displayed quotes and orders in
securities listed on Nasdaq, and to
reduce the related credits currently
provided for execution of displayed
quotes and orders in securities listed on
NYSE and other exchanges. Currently,
for a security listed on NYSE or other
exchanges, the Exchange provides a
credit of $0.0030 per share executed for
Quotes/Orders entered by a member
organization that provides an average
daily volume of 6 million or more
shares of liquidity during the month;
provided that (i) the Quote/Order is
entered through a MPID through which
the member organization displays, on
average over the course of the month,
100 shares or more at the national best
bid and/or national best offer at least
25% of the time during regular market
hours in the security that is the subject
of the Quote/Order, or (ii) the member
organization displays, on average over
the course of the month, 100 shares or
more at the national best bid and/or
national best offer at least 25% of the
time during regular market hours in 500
or more securities. The Exchange is
proposing to reduce this credit to
$0.0025 per share executed. In addition,
the Exchange is extending eligibility for
this credit to execution of securities
listed on Nasdaq. As a consequence, the
$0.0025 per share credit will apply to all
Exchange-Listed Securities.
E:\FR\FM\15JYN1.SGM
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Agencies
[Federal Register Volume 79, Number 135 (Tuesday, July 15, 2014)]
[Notices]
[Pages 41325-41327]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16495]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-72569; File No. SR-C2-2014-014]
Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to Extending AIM Pilot Program Until July 18, 2015
July 9, 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 July 1, 2014, C2 Options Exchange, Incorporated (``Exchange'' or
``C2'') 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 proposed rule change proposes to amend the Exchange's rules
related to its Automated Improvement Mechanism (``AIM''). The text of
the proposed rule change is provided below.
(additions are underlined; deletions are [bracketed])
* * * * *
C2 Options Exchange, Incorporated
Rules
* * * * *
Rule 6.51. Automated Improvement Mechanism (``AIM'')
Notwithstanding the provisions of Rule 6.50, a Participant that
represents agency orders may electronically execute an order it
represents as agent (``Agency Order'') against principal interest or
against a solicited order provided it submits the Agency Order for
execution into the AIM auction (``Auction'') pursuant to this Rule.
(a)-(b) No change.
. . . Interpretations and Policies:
.01-.02 No change.
.03 Initially, and for at least a Pilot Period expiring on July 18,
201[4]5, there will be no minimum size requirement for orders to be
eligible for the Auction. During this Pilot Period, the Exchange will
submit certain data, periodically as required by the Commission, to
provide supporting evidence that, among other things, there is
meaningful competition for all size orders and that there is an active
and liquid market functioning on the Exchange outside of the Auction
mechanism. Any data which is submitted to the Commission will be
provided on a confidential basis.
.04-.09 No change.
* * * * *
The text of the proposed rule change is also available on the
Exchange's Web site (https://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
In December 2009, the Commission approved adoption of C2's rules,
including the AIM auction process.\3\ AIM exposes certain orders
electronically to an auction process to provide these orders with the
opportunity to receive an execution at an improved price. The AIM
auction is available only for orders that a Trading Permit Holder
represents as agent (``Agency Order'') and for which a second order of
the same size as the Agency Order (and on the opposite side of the
market) is also submitted (effectively stopping the Agency Order at a
given price).\4\
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 61152 (December 10,
2009), 74 FR 66699 (December 16, 2009) (SR-C2-2011-015).
\4\ The Exchange first activated AIM on October 17, 2011 for
P.M.-settled options on the S&P 500 Index (SPXpm), which are no
longer listed on the Exchange. Currently, AIM is not activated for
any classes on C2.
---------------------------------------------------------------------------
The Commission approved on a pilot basis the component of AIM that
there is no minimum size requirement for orders to be eligible for the
auction. In
[[Page 41326]]
connection with the pilot program, the Exchange has submitted to the
Commission reports providing AIM auction and order execution data, and
the Exchange will continue to submit to the Commission these reports.
Four one-year extensions to the pilot program have previously become
effective.\5\ The proposed rule change merely extends the duration of
the pilot program until July 18, 2015. Extending the pilot for an
additional year will allow the Commission more time to consider the
impact of the pilot program on AIM order executions.
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release Nos. 63238 (November 3,
2010), 75 FR 68844 (November 9, 2010) (SR-C2-2010-008); 64929 (July
20, 2011), 76 FR 44635 (July 26, 2011) (SR-C2-2011-015); 67303 (June
28, 2012), 77 FR 39777 (July 5, 2012) (SR-C2-2012-021); and 69868
(June 27, 2013), 78 FR 40235 (July 3, 2013) (SR-C2-2013-023).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\6\ Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \7\ requirements that the rules of
an exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \8\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f(b).
\7\ 15 U.S.C. 78f(b)(5).
\8\ Id.
---------------------------------------------------------------------------
In particular, the proposed rule change protects investors and the
public interest by allowing for an extension of the AIM pilot program,
and thus allowing additional time for the Commission to evaluate the
AIM pilot program. The AIM pilot program will continue to allow smaller
orders to receive the opportunity for price improvement pursuant to the
AIM auction.
B. Self-Regulatory Organization's Statement on Burden on Competition
C2 does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not believe
the proposed rule change imposes any burden on intramarket competition
because it applies to all Trading Permit Holders. All Trading Permit
Holders that submit orders into an AIM auction are still subject to the
same requirements. In addition, the Exchange does not believe the
proposed rule change will impose any burden on intermarket competition,
as it merely extends the duration of an existing pilot program, which
is available to all market participants through Trading Permit Holders.
AIM will continue to function in the same manner as it currently
functions for an extended period of time.
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: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(ii) of the Act \9\ and Rule
19b-4(f)(6) \10\ thereunder.
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\9\ 15 U.S.C. 78s(b)(3)(A)(ii).
\10\ 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.
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A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of the filing. However,
pursuant to Rule 19b-4(f)(6)(iii), the Commission may designate a
shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange requested that the
Commission waive the 30-day operative delay. The Exchange noted that
waiver will permit the AIM pilot program to continue without
interruption.
The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest, as
it will allow the pilot program to continue uninterrupted, thereby
avoiding any potential investor confusion that could result from a
temporary interruption in the pilot program. Further, the Commission
notes that because the filing was submitted for immediate effectiveness
on July 1, 2014, the fact that the current pilot programs do not expire
until July 18, 2014 will afford interested parties the opportunity to
comment on the proposal before the Exchange requires it to become
operative. For this reason, the Commission designates the proposed rule
change to be operative on July 18, 2014.\11\
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\11\ For purposes only of waiving the operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. 15 U.S.C. 78c(f).
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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.\12\
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\12\ 15 U.S.C. 78s(b)(3)(C).
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IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-C2-2014-014 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-C2-2014-014. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (https://www.sec.gov/
[[Page 41327]]
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-C2-
2014-014 and should be submitted on or before August 5, 2014.
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\13\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-16495 Filed 7-14-14; 8:45 am]
BILLING CODE 8011-01-P