
[Federal Register Volume 78, Number 219 (Wednesday, November 13, 2013)]
[Notices]
[Pages 68122-68126]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27048]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70820; File No. SR-NASDAQ-2013-136]


Self-Regulatory Organizations; The NASDAQ Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change 
Relating to Penny Pilot Options Rebates and Fees

November 6, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on October 28, 2013, The NASDAQ Stock Market LLC (``NASDAQ'' or 
``Exchange'') 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 NASDAQ. 
The Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    NASDAQ proposes to modify Chapter XV, entitled ``Options Pricing,'' 
at Section 2 governing pricing for NASDAQ members using the NASDAQ 
Options Market (``NOM''), NASDAQ's facility for executing and routing 
standardized equity and index options. Specifically, NOM proposes to 
amend certain Customer \3\ and Professional \4\

[[Page 68123]]

Rebates to Add Liquidity in Penny Pilot Options \5\ and NOM Market 
Maker \6\ Fees for Removing Liquidity in Penny Pilot Options.
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    \3\ The term ``Customer'' applies to any transaction that is 
identified by a Participant for clearing in the Customer range at 
The Options Clearing Corporation (``OCC'') which is not for the 
account of a broker or dealer or for the account of a 
``Professional'' (as that term is defined in Chapter I, Section 
1(a)(48)).
    \4\ The term ``Professional'' means any person or entity that 
(i) is not a broker or dealer in securities, and (ii) places more 
than 390 orders in listed options per day on average during a 
calendar month for its own beneficial account(s) pursuant to Chapter 
I, Section 1(a)(48). All Professional orders shall be appropriately 
marked by Participants.
    \5\ The Penny Pilot was established in March 2008 and in October 
2009 was expanded and extended through December 31, 2013. See 
Securities Exchange Act Release Nos. 57579 (March 28, 2008), 73 FR 
18587 (April 4, 2008) (SR-NASDAQ-2008-026) (notice of filing and 
immediate effectiveness establishing Penny Pilot); 60874 (October 
23, 2009), 74 FR 56682 (November 2, 2009) (SR-NASDAQ-2009-091) 
(notice of filing and immediate effectiveness expanding and 
extending Penny Pilot); 60965 (November 9, 2009), 74 FR 59292 
(November 17, 2009) (SR-NASDAQ-2009-097) (notice of filing and 
immediate effectiveness adding seventy-five classes to Penny Pilot); 
61455 (February 1, 2010), 75 FR 6239 (February 8, 2010) (SR-NASDAQ-
2010-013) (notice of filing and immediate effectiveness adding 
seventy-five classes to Penny Pilot); 62029 (May 4, 2010), 75 FR 
25895 (May 10, 2010) (SR-NASDAQ-2010-053) (notice of filing and 
immediate effectiveness adding seventy-five classes to Penny Pilot); 
65969 (December 15, 2011), 76 FR 79268 (December 21, 2011) (SR-
NASDAQ-2011-169) (notice of filing and immediate effectiveness 
extension and replacement of Penny Pilot); 67325 (June 29, 2012), 77 
FR 40127 (July 6, 2012) (SR-NASDAQ-2012-075) (notice of filing and 
immediate effectiveness and extension and replacement of Penny Pilot 
through December 31, 2012); 68519 (December 21, 2012), 78 FR 136 
(January 2, 2013) (SR-NASDAQ-2012-143) (notice of filing and 
immediate effectiveness and extension and replacement of Penny Pilot 
through June 30, 2013); and 69787 (June 18, 2013), 78 FR 37858 (June 
24, 2013) (SR-NASDAQ-2013-082). See also NOM Rules, Chapter VI, 
Section 5.
    \6\ The term ``NOM Market Maker'' means a Participant that has 
registered as a Market Maker on NOM pursuant to Chapter VII, Section 
2, and must also remain in good standing pursuant to Chapter VII, 
Section 4. In order to receive NOM Market Maker pricing in all 
securities, the Participant must be registered as a NOM Market Maker 
in at least one security.
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    While the changes proposed herein are effective upon filing, the 
Exchange has designated that the amendments be operative on November 1, 
2013.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://www.nasdaq.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. 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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    NASDAQ proposes to modify Chapter XV, entitled ``Options Pricing,'' 
at Section 2(1) governing the rebates and fees assessed for option 
orders entered into NOM. The Exchange proposes to amend Tier 8 of the 
Customer and Professional Penny Pilot Options Rebates to Add Liquidity. 
The Exchange also proposes to modify the NOM Market Maker Penny Pilot 
Options Fee for Removing as described in more detail below.
    Today, the Exchange offers an eight-tiered Rebate to Add Liquidity 
in Penny Pilot Options to Customers and Professionals as follows:

------------------------------------------------------------------------
                                                          Rebate to add
                    Monthly volume                          liquidity
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Tier 1--Participant adds Customer and/or Professional              $0.25
 liquidity of up to 0.20% of total industry customer
 equity and ETF option average daily volume (``ADV'')
 contracts per day in a month
Tier 2--Participant adds Customer and/or Professional               0.40
 liquidity of 0.21% to 0.30% of total industry
 customer equity and ETF option ADV contracts per day
 in a month
Tier 3--Participant adds Customer and/or Professional               0.43
 liquidity of 0.31% to 0.49% of total industry
 customer equity and ETF option ADV contracts per day
 in a month
Tier 4--Participant adds Customer and/or Professional               0.45
 liquidity of 0.5% or more of total industry customer
 equity and ETF option ADV contracts per day in a
 month
Tier 5--Participant adds (1) Customer and/or                        0.42
 Professional liquidity of 25,000 or more contracts
 per day in a month, (2) the Participant has certified
 for the Investor Support Program set forth in Rule
 7014, and (3) the Participant executed at least one
 order on NASDAQ's equity market
Tier 6--Participant has Total Volume of 115,000 or                  0.45
 more contracts per day in a month, of which 25,000 or
 more contracts per day in a month must be Customer
 and/or Professional liquidity
Tier 7--Participant has Total Volume of 150,000 or                  0.47
 more contracts per day in a month, of which 50,000 or
 more contracts per day in a month must be Customer
 and/or Professional liquidity
Tier 8--Participant (1) has Total Volume of 325,000 or              0.48
 more contracts per day in a month, or (2) Participant
 has Total Volume of 200,000 or more contracts per day
 in a month, of which 70,000 or more contracts per day
 in a month must be Customer and/or Professional
 liquidity or (3) adds Customer and/or Professional
 liquidity of 1.00% or more of national customer
 volume in multiply-listed equity and ETF options
 classes in a month.
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    The Exchange is proposing to amend Tier 8 which currently pays a 
rebate of $0.48 per contract to a Participant that: (i) Has Total 
Volume \7\ of 325,000 or more contracts per day in a month; or (ii) 
Participant has Total Volume of 200,000 or more contracts per day in a 
month, of which 70,000 or more contracts per day in a month must be 
Customer and/or Professional liquidity or (iii) adds Customer and/or 
Professional liquidity of 1.00% or more of national customer volume in 
multiply-listed equity and ETF options classes in a month. The Exchange 
is proposing to continue to pay a $0.48 per contract rebate for Tier 8 
and amend the rebate tier by eliminating the criteria of executing a 
Total Volume of 325,000 or more contracts per day in a month. Pursuant 
to the proposal, in order to

[[Page 68124]]

qualify for a Tier 8 Customer or Professional Rebate to Add Liquidity, 
a Participant would now be required to either execute (i) Total Volume 
of 200,000 or more contracts per day in a month, of which 70,000 or 
more contracts per day in a month must be Customer and/or Professional 
liquidity or (ii) Customer and/or Professional liquidity of 1.00% or 
more of national customer volume in multiply-listed equity and ETF 
options classes in a month. The Exchange believes that Participants 
will continue to be incentivized to achieve a Tier 8 rebate while 
directing additional Customer and/or Professional liquidity on NOM.
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    \7\ Total Volume is defined as Customer, Professional, Firm, 
Broker-Dealer, Non-NOM Market Maker and NOM Market Maker volume in 
Penny Pilot Options or non-Penny Pilot Options which either adds or 
removes liquidity on NOM. See Chapter XV, Section 2(1) of the NOM 
Rules.
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    The Exchange also proposes to amend the NOM Market Maker Penny 
Pilot Fee for Removing Liquidity by increasing the fee from $0.47 to 
$0.48 per contract. The Exchange believes that despite the fee 
increase, that NOM Market Makers will continue to remove liquidity in 
Penny Pilot Options.
2. Statutory Basis
    NASDAQ believes that its proposal to amend its Pricing Schedule is 
consistent with Section 6(b) of the Act \8\ in general, and furthers 
the objectives of Section 6(b)(4) and (b)(5) of the Act \9\ in 
particular, in that 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 which NASDAQ operates or 
controls, and is not designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4), (5).
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    The Exchange's proposal to amend the Tier 8 Customer and 
Professional Penny Pilot Options Rebate to Add Liquidity is reasonable 
because the Exchange will continue to offer competitive Customer and 
Professional rebates in order to attract liquidity to the market to the 
benefit of all market participants. The Exchange believes that offering 
Customers and Professionals the opportunity to earn higher rebates 
based on certain volume requirements is reasonable because by 
incentivizing Participants to select the Exchange as a venue to post 
Customer and Professional liquidity will attract additional order flow 
to the benefit of all market participants. The amended Tier 8 criteria 
should incentivize Participants to add Customer and Professional 
liquidity to NOM. Participants would no longer be able to qualify by 
solely obtaining Total Volume which is defined as Customer, 
Professional, Firm, Broker-Dealer, Non- NOM Market Maker and NOM Market 
Maker volume in Penny Pilot Options or Non-Penny Pilot Options which 
either adds or removes liquidity on NOM; however, some portion of the 
liquidity could still be Firm, Broker-Dealer, Non-NOM Market Maker and 
NOM Market Maker volume in Penny Pilot Options or Non-Penny Pilot 
Options which either adds or removes liquidity.\10\ The Exchange 
believes that it is reasonable to incentivize Participants to add a 
greater amount of Customer and/or Professional liquidity, combined with 
other volume, as a means to qualify for the Tier 8 rebate. This 
proposal only impacts one of the ways in which a Participant may 
qualify for the Tier 8 rebate. In addition, other exchanges employ 
similar incentive programs.\11\
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    \10\ Tier 8 continues to permits Participants to add Total 
Volume of 200,000 or more contracts per day in a month so long as 
70,000 or more contracts per day in a month consists of Customer 
and/or Professional liquidity.
    \11\ See CBOE Fees Schedule. CBOE offers each Trading Permit 
Holder (``TPH'') a credit for each public customer order transmitted 
by the TPH which is executed electronically in all multiply-listed 
option classes, excluding RUT, mini-options, QCC trades and 
executions related to contracts that are routed to one or more 
exchanges in connection with the Options Order Protection and 
Locked/Crossed Market Plan, provided the TPH meets certain 
percentage thresholds in a month as described in the Volume 
Incentive Program. See also Phlx's Pricing Schedule at Section B 
which contains the Customer Rebate Program.
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    The Exchange's proposal to amend the Tier 8 rebate by removing the 
ability to qualify for the tier by transacting Total Volume of 325,000 
or more contracts per day in a month is equitable and not unfairly 
discriminatory because this amendment will be applied to all market 
participants in a uniform matter. Any market participant is eligible to 
receive the Tier 8 rebate provided they transact a qualifying amount of 
Customer and Professional volume in Penny Pilot Options. Further, 
market participants may continue to apply some amount of Total Volume 
transactions toward qualifying for this rebate; however, the amount of 
eligible volume from certain types non-Customer, non-Professional 
volume would be limited to limited to 130,000 contracts.
    This proposal does not widen a current pricing differential. The 
Exchange would continue to pay the highest Tier 1 Rebates to Add 
Liquidity in Penny Pilot Options of $0.25 per contract to Customers, 
Professionals and NOM Market Makers for transacting one qualifying 
contract as compared to other market participants.\12\ The Exchange 
believes that Customers are entitled to higher rebates because Customer 
order flow brings unique benefits to the market through increased 
liquidity which benefits all market participants. The Exchange believes 
that continuing to offer Professionals the same Penny Pilot Options 
Rebates to Add Liquidity as Customers is equitable and not unfairly 
discriminatory for the reasons which follow. The Exchange believes that 
offering Professionals the opportunity to earn the same rebates as 
Customers, as is the case today, and higher rebates as compared to 
Firms, Broker-Dealers and Non-NOM Market Makers, and in some cases NOM 
Market Makers, is equitable and not unfairly discriminatory because the 
Exchange does not believe that the amount of the rebate offered by the 
Exchange has a material impact on a Participant's ability to execute 
orders in Penny Pilot Options. By offering Professionals, as well as 
Customers, higher rebates, the Exchange hopes to simply remain 
competitive with other venues so that it remains a choice for market 
participants when posting orders and the result may be additional 
Professional order flow for the Exchange, in addition to increased 
Customer order flow. A Participant may not be able to gauge the exact 
rebate tier it would qualify for until the end of the month because 
Professional volume would be commingled with Customer volume in 
calculating tier volume.\13\ A Professional could only otherwise 
presume the Tier 1 rebate would be achieved in a month when determining 
price.\14\ Further, the Exchange initially established Professional 
pricing in order to ``. . . bring additional revenue to the Exchange.'' 
\15\ The Exchange noted in the Professional Filing that it believes ``. 
. . that the increased revenue from

[[Page 68125]]

the proposal would assist the Exchange to recoup fixed costs.'' \16\ 
The Exchange also noted in that filing that it believes that 
establishing separate pricing for a Professional, which ranges between 
that of a customer and market maker, accomplishes this objective.\17\ 
The Exchange does not believe that providing Professionals with the 
opportunity to obtain higher rebates equivalent to that of a Customer 
creates a competitive environment where Professionals would be 
necessarily advantaged on NOM as compared to NOM Market Makers, Firms, 
Broker-Dealers or Non-NOM Market Makers. Also, a Professional is 
assessed the same fees as other market participants, except Customers, 
as discussed herein.\18\ For these reasons, the Exchange believes that 
continuing to offer Professionals the same rebates as Customers is 
equitable and not unfairly discriminatory. Also, NOM Market Makers 
would continue to be offered the opportunity to earn higher rebates as 
compared to Non-NOM Market Makers, Firms and Broker Dealers \19\ 
because NOM Market Makers add value through continuous quoting \20\ and 
the commitment of capital.
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    \12\ Firms, Non-NOM Market Makers and Broker-Dealers receive a 
$0.10 per contract Penny Pilot Option Rebate to Add Liquidity. In 
addition, a Participant that adds Firm, Non-NOM Market Maker or 
Broker-Dealer liquidity in Penny Pilot Options and/or Non-Penny 
Pilot Options of 15,000 contracts per day or more in a given month 
will receive a Rebate to Add Liquidity in Penny Pilot Options of 
$0.20 per contract.
    \13\ Customer and Professional volume is aggregated for purposes 
of determining which rebate tier a Participant qualifies for with 
respect to the Professional Rebate to Add Liquidity in Penny Pilot 
Options.
    \14\ A Professional would be unable to determine the exact 
rebate that would be paid on a transaction by transaction basis with 
certainty until the end of a given month when all Customer and 
Professional volume is aggregated for purposes of determining which 
tier the Participant qualified for in a given month.
    \15\ See Securities Exchange Act Release No. 64494 (May 13, 
2011), 76 FR 29014 (May 19, 2011) (SR-NASDAQ-2011-066) 
(``Professional Filing''). In this filing, the Exchange addressed 
the perceived favorable pricing of Professionals who were assessed 
fees and paid rebates like a Customer prior to the filing. The 
Exchange noted in that filing that a Professional, unlike a retail 
Customer, has access to sophisticated trading systems that contain 
functionality not available to retail Customers.
    \16\ See Securities Exchange Act Release No. 64494 (May 13, 
2011), 76 FR 29014 (May 19, 2011) (SR-NASDAQ-2011-066).
    \17\ See Securities Exchange Act Release No. 64494 (May 13, 
2011), 76 FR 29014 (May 19, 2011) (SR-NASDAQ-2011-066). The Exchange 
noted in this filing that it believes the role of the retail 
customer in the marketplace is distinct from that of the 
professional and the Exchange's fee proposal at that time accounted 
for this distinction by pricing each market participant according to 
their roles and obligations.
    \18\ Pursuant to this proposal, the Fee for Removing Liquidity 
in Penny Pilot Options is $0.48 per contract for all market 
participants, except Customers, who are assessed a fee of $0.45 per 
contract.
    \19\ Firms, Non-NOM Market Makers and Broker-Dealers are paid a 
$0.10 per contract Rebate to Add Liquidity in Penny Pilot Options 
and have the opportunity to earn a higher Penny Pilot Options Rebate 
to Add Liquidity of $0.20 per contract if they transact 15,000 
contract per day or more in a given month of Penny Pilot Options or 
Non-Penny Pilot Options liquidity.
    \20\ Pursuant to Chapter VII (Market Participants), Section 5 
(Obligations of Market Makers), in registering as a market maker, an 
Options Participant commits himself to various obligations. 
Transactions of a Market Maker in its market making capacity must 
constitute a course of dealings reasonably calculated to contribute 
to the maintenance of a fair and orderly market, and Market Makers 
should not make bids or offers or enter into transactions that are 
inconsistent with such course of dealings. Further, all Market 
Makers are designated as specialists on NOM for all purposes under 
the Act or rules thereunder. See Chapter VII, Section 5.
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    The Exchange's proposal to increase the NOM Market Maker Fee for 
Removing Liquidity in Penny Pilot Options is reasonable because the fee 
is within the range of fees assessed to other market participants. The 
Exchange's proposal to increase the NOM Market Maker Fee for Removing 
Liquidity is equitable and not unfairly discriminatory because the 
Exchange would uniformly assess all market participants, except 
Customers, the same Fee for Removing Liquidity of $0.48 per contract. 
Customers order flow brings unique benefits to the market in terms of 
liquidity and therefore Customers are assessed lower fees. By assessing 
a NOM Market Maker the same fee as other market participants, except 
Customers, the Exchange is removing the pricing differential that 
exists today. Also, NOM Market Makers have the ability to earn higher 
rebates as compared to the $0.10 Rebate to Add Liquidity in Penny Pilot 
Options that is available to Firms, Non-NOM Market Makers and Broker-
Dealers. This is because NOM Market Makers add value through continuous 
quoting \21\ and the commitment of capital. Customers and Professionals 
also have the opportunity to earn tiered rebates for the reasons noted 
above.
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    \21\ Id.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    NASDAQ does not believe that the proposed rule change will impose 
any burden on competition not necessary or appropriate in furtherance 
of the purposes of the Act. Customers have traditionally been paid the 
highest rebates offered by options exchanges. While the Exchange's 
proposal results in a Professional receiving the same or a higher 
rebate as compared to a NOM Market Maker, in certain circumstances, the 
Exchange does not believe the proposed rebate tiers would result in any 
burden on competition as between market participants. By offering 
Professionals, as well as Customers, higher rebates, the Exchange hopes 
to simply remain competitive with other venues so that it remains a 
choice for market participants when posting orders and the result may 
be additional Professional order flow for the Exchange, in addition to 
increased Customer order flow. The Exchange believes that offering 
Customers and Professionals the proposed tiered rebates creates 
competition among options exchanges because the Exchange believes that 
the rebates may cause market participants to select NOM as a venue to 
send Customer and Professional order flow. The amendment to the Tier 8 
rebate will incentivize market participants to direct additional 
Customer and/or Professional liquidity to the Exchange to obtain the 
Tier 8 rebate. This liquidity will benefit other market participants.
    The Exchange does not believe that increasing the NOM Market Maker 
Fee for Removing Liquidity creates a burden on competition. The 
increased NOM Market Maker Fee for Removing Liquidity in Penny Pilot 
Options will align this fee for all non-Customers. Customers will 
continue to be assessed a lower Fee for Removing Liquidity in Penny 
Pilot Options because Customer order flow brings unique benefits to the 
market in terms of liquidity, which benefits other market participants.
    The Exchange believes the differing outcomes, rebates and fees 
created by the Exchange's proposed pricing incentives contribute to the 
overall health of the market place for the benefit of all Participants 
that willing choose to transact options on NOM. For the reasons 
specified herein, the Exchange does not believe this proposal creates 
an undue burden on competition. The Exchange operates in a highly 
competitive market comprised of twelve U.S. options exchanges in which 
many sophisticated and knowledgeable market participants can readily 
and do send order flow to competing exchanges if they deem fee levels 
or rebate incentives at a particular exchange to be excessive or 
inadequate. These market forces support the Exchange belief that the 
proposed rebate structure and tiers proposed herein are competitive 
with rebates and tiers in place on other exchanges. The Exchange 
believes that this competitive marketplace continues to impact the 
rebates present on the Exchange today and substantially influences the 
proposals set forth above.

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 rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Act.\22\ 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 shall

[[Page 68126]]

institute proceedings to determine whether the proposed rule should be 
approved or disapproved.
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    \22\ 15 U.S.C. 78s(b)(3)(A)(ii).
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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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-NASDAQ-2013-136 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-NASDAQ-2013-136. 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 (http://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-NASDAQ-2013-136, and should 
be submitted on or before December 4, 2013.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-27048 Filed 11-12-13; 8:45 am]
BILLING CODE 8011-01-P


