
[Federal Register Volume 79, Number 11 (Thursday, January 16, 2014)]
[Notices]
[Pages 2922-2924]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00691]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71286; File No. SR-BX-2013-065]


Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Amend the 
Fee Schedule Under Exchange Rule 7018(a) With Respect to Transactions 
in Securities Priced at $1 per Share or More

January 10, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on December 30, 2013, NASDAQ OMX BX, Inc. (``BX'' or ``Exchange'') 
filed with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I, II, and III, below, which 
Items have been prepared by the Exchange. The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
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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

    The Exchange proposes to amend the fee schedule under Exchange Rule 
7018(a) with respect to transactions in securities priced at $1 per 
share or more. The Exchange will implement the proposed rule change on 
January 2, 2014.
    The text of the proposed rule change is also available on the 
Exchange's Web site at http://nasdaqomxbx.cchwallstreet.com, at the 
principal office of the Exchange, and at the Commission's Public 
Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

[[Page 2923]]

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange is proposing to adopt a new tier with respect to the 
rebates it pays for orders that access liquidity in securities priced 
at $1 or more. The new tier applies to members that are active in both 
the NASDAQ OMX BX Equities System (the ``BX Equities System'') and BX 
Options. As such, the tier is similar to various tiers that have 
previously been introduced by the NASDAQ Stock Market for members of 
that exchange that are active in both the NASDAQ Market Center and the 
NASDAQ Options Market, as well as a tier with respect to charges of 
providing liquidity that was introduced by the Exchange in December 
2013.\3\ Under the proposed tier, a member will receive a credit of 
$0.0013 per share executed when accessing liquidity \4\ if the member 
(i) has a daily average volume of liquidity accessed in all securities 
during the month of 6 million or more shares through one or more of its 
BX Equities System market participant identifiers (``MPIDs''), and (ii) 
adds and/or removes liquidity of 40,000 or more contracts per day 
during the month through BX Options.
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    \3\ See NASDAQ Rule 7018(a); Securities Exchange Act Release No. 
71055 (December 12, 2013), 78 FR 76689 (December 18, 2013) (SR-BX-
2013-059).
    \4\ As with other rebate tiers, the proposed tier does not apply 
to an order that executes against a midpoint pegged order, because 
the accessing order receives price improvement.
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    The proposed tier recognizes the prevalence of trading in which 
members simultaneously trade different asset classes within the same 
strategy. Because cash equities and options markets are linked, with 
liquidity and trading patterns on one market affecting those on the 
other, the Exchange believes that a pricing incentive that encourages 
market participant activity in BX Options will also support price 
discovery and liquidity provision in the BX Equities System.
2. Statutory Basis
    BX believes that the proposed rule change is consistent with the 
provisions of Section 6 of the Act,\5\ in general, and Sections 6(b)(4) 
and (b)(5) of the Act,\6\ in particular, because it provides for the 
equitable allocation of reasonable dues, fees and other charges among 
members and issuers and other persons using any facility or system that 
the Exchange operates or controls, and it does not unfairly 
discriminate between customers, issuers, brokers or dealers.
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    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(4), (5).
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    The change with respect to a new tier for members active in both 
the BX Equities System and BX Options is reasonable because it reflects 
the availability of a price reduction for members that support 
liquidity on both markets. The change is consistent with an equitable 
allocation of fees because the pricing tier requires significant levels 
of activity in both markets, and is therefore consistent with 
volumetric pricing tiers at BX and many other exchanges, which offer 
better pricing to members that make significant use of an Exchange's 
services. The change is also consistent with an equitable allocation of 
fees because activity in BX Options also supports price discovery and 
liquidity provision in the BX Equities System due to the increasing 
propensity of market participants to be active in both markets and the 
influence of each market on the pricing of securities in the other. 
Moreover, the new tier has the potential to reduce fees for a wider 
range of market participants by introducing a new means of qualifying 
for a higher credit for accessing liquidity. The change is not 
unreasonably discriminatory because market participants may qualify for 
a comparable credit without participating in BX Options through another 
volumetric pricing tier that BX offers.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act, as amended.\7\ 
BX notes that it operates in a highly competitive market in which 
market participants can readily favor competing venues if they deem fee 
levels at a particular venue to be excessive, or rebate opportunities 
available at other venues to be more favorable. In such an environment, 
BX must continually adjust its fees to remain competitive with other 
exchanges and with alternative trading systems that have been exempted 
from compliance with the statutory standards applicable to exchanges. 
Because competitors are free to modify their own fees in response, and 
because market participants may readily adjust their order routing 
practices, BX believes that the degree to which fee changes in this 
market may impose any burden on competition is extremely limited. In 
this instance, the change with respect to a new pricing tier for 
members active in the Exchange's cash equities and options markets 
enhances the Exchange's competitiveness by reducing fees. However, 
because competitors may readily change their own prices in response, BX 
does not believe that the proposed changes will impair the ability of 
members or competing order execution venues to maintain their 
competitive standing in the financial markets.
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    \7\ 15 U.S.C. 78f(b)(8).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing change has become effective pursuant to Section 
19(b)(3)(A) of the Act \8\ and paragraph (f) of Rule 19b-4 \9\ 
thereunder. At any time within 60 days of the filing of the proposed 
rule change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f).
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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-BX-2013-065 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-BX-2013-065. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's

[[Page 2924]]

Internet Web site (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-BX-2013-065 and 
should be submitted on or before February 6, 2014.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-00691 Filed 1-15-14; 8:45 am]
BILLING CODE 8011-01-P


