[Federal Register Volume 77, Number 224 (Tuesday, November 20, 2012)]
[Notices]
[Pages 69673-69677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28135]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68219; File No. SR-CHX-2012-15]


Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Amend Its Order Cancellation Fee

November 13, 2012.
    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 November 2, 2012, the Chicago Stock Exchange, Inc. (``CHX'' or 
``Exchange'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II 
and III below, which Items have been prepared by the Exchange. CHX has 
filed the proposal pursuant to Section 19(b)(3)(A) of the Act \3\ and 
Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal effective 
upon filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The CHX proposes to amend its Schedule of Fees and Assessments (the 
``Fee Schedule''), effective November 2, 2012, relating to its order 
cancellation fee for Participants entering and subsequently cancelling 
order under certain circumstances. The text of this proposed rule 
change is available on the Exchange's Web site at http://www.chx.com/rules/proposed_rules.htm and in the Commission's Public Reference 
Room, 100 F Street NE., Washington, DC 20549.

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 CHX included statements 
concerning the purpose of and basis for the proposed rule changes and 
discussed any comments it received regarding the proposal. The text of 
these statements may be examined at the places specified in Item IV 
below. The CHX has prepared summaries, set forth in sections A, B and C 
below, of the most significant aspects of such statements.

[[Page 69674]]

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

1. Purpose
History of the CHX Order Cancellation Fee
    Beginning in January 2010, the Exchange published Fee Schedule 
imposed a charge for order cancellations in issues priced $1.00 per 
share or more \5\ submitted by Participants whose orders rarely were at 
or near the National Best Bid or Offer (``NBBO''), herein referred to 
as the ``original cancellation fee.'' \6\ The application of the 
original order cancellation fee depended, inter alia, on a calculation 
involving the number of Wide orders (defined as display-eligible orders 
in the Matching System which are two (2) or more cents away from the 
NBBO), Quotable orders (all other display-eligible orders), the number 
of trades executed and number of cancellations submitted by a 
Participant in a month.\7\ The purpose of the original order 
cancellation fee was to incent Participants to submit orders that were 
close to the NBBO and to compensate the Exchange for the systems and 
operational costs and burdens associated with handling and recording 
orders that were rarely executed.
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    \5\ The Exchange excluded securities priced under $1 per share 
from being subject to order cancellation fees, as it did not appear 
that the activity in those issues gave rise to the same concerns as 
securities priced at or greater than $1 per share. The Exchange 
continues to find this to be the case and proposes to maintain the 
exclusion of securities priced under $1 per share from order 
cancellation fees.
    \6\ See Exchange Act Release No. 61392 (Jan. 21, 2010), 75 F.R. 
4436 (Jan. 27, 2010) (SR-CHX-2010-02).
    \7\ Other requirements included that the trading activity must 
have occurred in the Regular Trading Session and concerned 
securities priced $1 per share or more. Also, cancellations arising 
from ``Immediate or Cancel'' or ``Fill or Kill'' order types were 
excluded from the calculation, as well as execution of cross orders.
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    However, soon after the imposition of the original order 
cancellation fee, the Exchange had observed that the number of 
unexecuted and displayed orders had actually increased for certain 
Participants. It was apparent to the Exchange that in order to avoid 
application of the cancellation fee, certain Participants were 
submitting Quotable orders to the CHX's Matching System, but for an 
extremely short duration, rendering such activity negligible. In 
addition to avoiding order cancellation fees, this quotation activity 
actually exacerbated the operational costs which the Exchange sought to 
avoid by creating the order cancellation fee in the first place. The 
Exchange had observed that those firms entering the limited durational 
orders described above conducted much of their business on our trading 
facilities in Exchange Traded Funds (``ETFs''), Exchange Traded Notes 
(``ETNs'') or Exchange Traded Vehicles (``ETVs''), collectively 
referred to as Exchange Traded Products (``ETPs'').\8\ As such, in 
August 2010, the Exchange amended its order cancellation fee to exclude 
all orders, transactions and cancellation activity in ETPs from the 
cancellation fee calculation, herein referred to as the ``modified 
order cancellation fee.''
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    \8\ See Securities Exchange Act Release No. 61392 (January 21, 
2010), 75 F.R. 4436 (Jan. 27, 2010) (SR-CHX-2010-02).
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    Nevertheless, after the modified order cancellation fee went into 
effect, the Exchange observed that certain Participants had found a 
number of methods for avoiding the application of the modified order 
cancellation fee. For example, certain Participants submitted Quotable 
orders to the CHX's Matching System in non-ETPs, but for an extremely 
short duration. In other cases, Participants submitted a large number 
of Quotable orders in very thinly traded securities prior to the end of 
the month. These and other similar methods were used by Participants to 
reduce the order cancellation ratio and therefore, their cancellation 
fee liability, without a corresponding increase in order executions. As 
such, in September 2011, the Exchange revamped its order cancellation 
fee methodology, herein referred to as the ``current order cancellation 
fee.'' \9\
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    \9\ See Securities Exchange Act Release No. 65268 (September 6, 
2011), 76 FR 56246 (September 12, 2011) (SR-CHX-2011-25).
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    The current order cancellation fee utilizes a formula, calculated 
on a daily basis, which divides the Participant's total cancelled 
volume in a given issue (``cvissue'') by the Participant's total 
executed volume in that issue (``exvissue''). In those instances where 
a Participant's daily activity in a given issue exceeds a cancellation 
ratio of 30, the Exchange imposes an order cancellation fee of $.30 on 
each cancellation in that issue for that day and bills such fees on a 
monthly basis. By only crediting Participants with Quotable orders of 
the same issue as Wide orders, the Exchange sought to eliminate the 
practice of quoting in thinly-traded stocks to reduce cancellation fee 
liability. Furthermore, by imposing the cancellation fee on a daily 
basis, the Exchange sought to eliminate end-of-the-month fee avoidance 
trading activity.
    After the current order cancellation fee went into effect, there 
has been a noticeable reduction in the aforementioned ``gaming'' of the 
order cancellation fee formula. However, the Exchange submits that this 
fee mechanism can be further perfected to promote display liquidity 
(i.e., the submission of more competitive Quotable orders). As such, 
further changes to the current order cancellation fee formula are 
necessary.
Proposed Order Cancellation Fee
    The Exchange now proposes to readopt the original order 
cancellation fee, with amendments to provide for the daily calculation 
of the order cancellation fee per security and to incorporate new order 
cancellation formula parameters with values set security-type specific 
(i.e., for each derivative and non-derivative tape A, B and C security 
types). The Exchange submits that these changes will better incentivize 
Participants to submit orders near the NBBO and will allow the Exchange 
to better combat against ``gaming'' of the order cancellation fee 
formula and to compensate the Exchange for the processing and 
electronic storage costs associated with orders which ``quote around'' 
the NBBO and rarely execute.
    In determining whether the proposed order cancellation fee would be 
imposed, the Exchange proposes to utilize a formula that subtracts from 
the total daily number of Wide or ``W'' orders in a given security, the 
product of Near or ``N'' orders \10\ in the same security submitted by 
the Participant in the Regular Trading Session in a given day and its 
corresponding N order multiplier or ``Nmult.'' The 
difference between these two values is then divided by ``E,'' which is 
defined as the greater of (a) one (1) or (b) the sum of all Wide and 
Near orders in a given security that are submitted and executed (in 
whole or in part) in the Regular Trading Session (excluding cross 
transactions) on a given day.\11\ If the remaining value is equal to or 
greater than the corresponding ``Cancellation Ratio'' for that 
security, a corresponding

[[Page 69675]]

order cancellation fee would apply to the Participant for that day's 
activity in that security. If, however, the value is less than the 
corresponding Cancellation Ratio, the Participant would not be assessed 
any fee on its cancellation instructions. Although the Cancellation 
Ratio and order cancellation fee may vary depending on the type of 
security, the Exchange proposes to set the Cancellation Ratio at 150 
and the order cancellation fee rate at $0.01 per cancelled order, 
across the board.\12\ Moreover, the order cancellation fee will be 
calculated daily, per security and applied per Account Symbol \13\ 
maintained by each clearing Participant.
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    \10\ ``Near'' is the same as ``Quotable,'' as used in the 
original and modified order cancellation fee. The Exchange submits 
that the term ``Near'' better describes the order as its defining 
characteristic is that it is near to or better than the NBBO.
    \11\ Orders that are less than a round-lot size (less than 100 
shares in most securities) and cancellations from ``Immediate or 
Cancel'' or ``Fill or Kill'' orders will not be counted towards the 
number of cancellations resulting in a fee charged to a Participant. 
In the event that a Participant has no executed provide orders in a 
month, we assume that E has a value of one (1) in order to avoid a 
mathematical error in applying the cancellation fee formula.
    \12\ Changes to any of the proposed parameter values, including 
Order Cancellation Fee, Cancellation Ratio, Threshold Away Amount, 
Minimum Duration and Nmult, will be made through proposed 
fee filings pursuant to Rule 19b-4.
    \13\ Individual Account Symbols are assigned, by the Exchange, 
to each trading account maintained by a clearing Participant. Each 
clearing Participant which executes orders on the Exchange has at 
least one Account Symbol, while some clearing Participants have 
multiple account symbols. Multiple accounts can be used by clearing 
Participants, for example, to segregate the order activity of 
different clients. Calculating and applying the cancellation fee by 
the Account Symbols maintained by the clearing Participant provides 
a more precise way of identifying the conduct and correspondent 
firms implicated by the proposed fee provisions.
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    In contrast to the original W order, an order may now be considered 
Wide if any one of the following three conditions are met.\14\ First, a 
W order is an order priced inferior to the National Best Bid (``NBB'') 
for a buy order and National Best Offer (``NBO'') for a sell order at 
the time the order is received by the Matching System and where the 
difference between the order price and the NBB or NBO is equal to or 
greater than its corresponding ``Threshold Away Amount.'' Second, a W 
order is an order in a security that is voluntarily cancelled by the 
Participant prior to the expiration of its corresponding ``Minimum 
Duration,'' after acceptance by the Matching System, without any 
partial executions. Finally, a W order is one that is marked ``Do Not 
Display,'' pursuant to CHX Article 20, Rule 4(b)(9).\15\ By classifying 
such orders as W orders, the Exchange endeavors to incentivize 
Participants to post displayed bids and offers and thereby promote 
displayed liquidity on the Exchange. In turn, the Exchange anticipates 
that increased displayed liquidity would result in a greater number of 
order executions and, ultimately, increased revenue for the Exchange.
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    \14\ As a general matter, all W orders are securities priced at 
$1.00 share or more when submitted by the Participant in the Regular 
Trading Session.
    \15\ Article 20, Rule 4(b)(9) defines a ``Do Not Display'' order 
as an order for at least 1,000 shares when entered that is not to be 
displayed in whole or in part.
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    Moreover, the proposed W order introduces two new parameters. 
First, the ``Threshold Away Amount'' is a security-type specific value 
that establishes a bright-line value for determining when an order 
price is either away or near the NBBO. Although the value of this 
parameter may eventually vary by security-type, the Exchange proposes 
to set the Threshold Away Amount at $0.03 for all six security 
types.\16\ Second, the ``Minimum Duration'' parameter is also a 
security-type specific value that establishes a bright-line time limit 
for determining whether an order is considered Wide or may be 
considered Near. The purpose of this parameter is to promote order 
execution by curtailing the submission of orders that are not present 
and displayable for a reasonable period of time and, consequently, to 
reduce the incidence of disruptive ``flickering quotes.'' The Exchange 
submits that the longer an order is displayed the better chance it has 
of being executed. Although this value may also vary by security type, 
the Exchange proposes to set the Minimum Duration at 10 milliseconds 
for all six security types.\17\
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    \16\ Supra note 12.
    \17\ Id.
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    In contrast to the original ``Quotable'' or ``Q'' order, the 
proposed N order is defined as (1) an order in a security priced at 
$1.00 per share or more submitted by the Participant in the Regular 
Trading Session, (2) where the difference between the order price and 
the NBB or NBO is less than its corresponding Threshold Away Amount and 
(3) where the order is not voluntarily cancelled by the Participant 
prior to either its corresponding Minimum Duration or prior to a 
partial execution of the order, whichever is earlier.
    Moreover, the proposed N order will be modified by a ``Near order 
multiplier'' or ``Nmult,'' which is a security-type specific 
value, which multiplies the value of N. The practical effect of the 
Nmult is that it enhances the mitigating effect of N orders 
on the order cancellation ratio. Therefore, the purpose of the 
Nmult is to give the Exchange the ability to enhance or 
reduce the impact of N on the order cancellation ratio, so as to 
ensure, inter alia, equitable application of the order cancellation 
fee. This also provides a strong incentive for Participants to provide 
more Near orders and fewer Wide orders by giving each Near order two 
times the weight of a Wide order in calculating the calculation ratio. 
Although this number may eventually vary by security type, like the 
Cancellation Ratio, order cancellation fee rate, Threshold Away Amount 
and Minimum Duration, the Exchange proposes to set the 
``Nmult''at two (2) for all six security types.\18\ 
Generally speaking, all of these new parameters will allow the Exchange 
to better adapt to future issues with the application of the proposed 
order cancellation formula by merely adjusting these values.
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    \18\ Id.
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    The following examples illustrate how an order may be classified as 
either Wide or Near. For all Examples, assume submission of a buy order 
for 1,000 shares of a Tape A non-derivative security:
    For Example A, assume that the price of the order is $0.04 inferior 
to the NBB and it is voluntarily cancelled by the Participant twelve 
(12) milliseconds after submission to the Matching System. Since the 
difference between the order price and NBB (``price difference'') is 
greater than the Threshold Away Amount for a Tape A non-derivative 
security ($0.03), this is a Wide order, notwithstanding all other 
factors.
    For Example B, assume that the price of the order is $0.04 inferior 
to the NBB and it is fully executed after twelve (12) milliseconds. 
Since the price difference is greater than the corresponding Threshold 
Away Amount, this is a Wide order, notwithstanding all other factors.
    For Example C, assume that the price of the order is $0.04 inferior 
to the NBB, there is a partial execution of 500 shares after five (5) 
milliseconds and the remainder of the order is voluntarily cancelled 
after twelve (12) milliseconds. Since the price difference is greater 
than the corresponding Threshold Away Amount, it is a Wide order, 
notwithstanding all other factors.
    For Example D, assume that the price of the order is $0.01 inferior 
to the NBB, there is a partial execution of 500 shares after five (5) 
milliseconds, the remainder is voluntarily cancelled after twelve (12) 
milliseconds and the order is marked ``Do Not Display.'' Since the 
order is marked ``Do Not Display,'' it is a Wide order, notwithstanding 
all other factors.
    For Example E, assume that the order price is equal to the NBB and 
the order is fully executed after twelve (12) milliseconds. Since the 
price difference is less than the corresponding Threshold Away Amount 
and the order was fully executed, this is a Near order.

[[Page 69676]]

    For Example F, assume that the order price is equal to the NBB, 
there is a partial execution of 500 shares after five (5) milliseconds 
and the balance of the order is voluntarily cancelled after eight (8) 
milliseconds. Since the price difference is less than the corresponding 
Threshold Away Amount and the order was cancelled only after a partial 
execution of 500 shares, this is a Near order, notwithstanding the 
order having been voluntarily cancelled prior to the expiration of the 
corresponding Minimum Duration.
    For Example G, assume that the order price is $0.01 inferior to the 
NBB and it is voluntarily cancelled after 20 milliseconds without any 
executions. Since the price difference is less than the corresponding 
Threshold Away Amount and the order was only cancelled after the 
expiration of the corresponding Minimum Duration, it is a Near order.
    Moreover, the operation of the proposed order cancellation fee 
formula can be illustrated by the use of some more examples. For 
Example 1, assume that on a given day, a Participant firm submits to 
the Matching System 200,000 buy orders for a Tape A non-derivative 
security. Of this amount, 180,000 orders are priced $0.04 inferior to 
the NBB and are voluntarily cancelled after twelve (12) milliseconds, 
thus making these orders Wide. The remaining 20,000 orders are priced 
$0.02 inferior to the NBB and are voluntarily cancelled after twelve 
(12) milliseconds, thus making these orders Near. Out of 200,000 
submitted orders, 1,000 orders are executed in whole or in part.\19\ 
Pursuant to the proposed formula, the difference between W (180,000) 
and the product of N and the corresponding Nmult of two 
(40,000) is 140,000. Dividing that figure by the number of orders which 
were executed (E or 1,000) results in a cancellation ratio of 140. 
Since the corresponding Cancellation Ratio of a Tape A non-derivative 
security is 150, no cancellation fee would be assessed on this day, to 
this Participant, with respect to this specific security.
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    \19\ Since orders may be partially executed, the Participants 
may receive more trade executions than orders. The Exchange believes 
that the formula should be based upon the number of orders executed 
and not the number of trades reported.
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    Example 1 also illustrates the power of the Nmult. Under 
Example 1, the Nmult doubled the N value to the point that 
the ratio was brought below the cancellation ratio threshold. That is, 
without the N-multiplier, the cancellation ratio would have been 160 
and the Participant would have been assessed the cancellation fee. The 
utility of the Nmult and other parameters lies in its 
ability to give the Exchange flexibility to make adjustments when 
necessary, through proposed fee filings pursuant to Rule 19b-4, so as 
to avoid unintended or inequitable application of the cancellation fee, 
without having to completely revamp the formula, as well as to promote 
the submission of Near orders.
    For Example 2, we assume the same facts as above, with the 
exception that the Participant firm submits a total of 400,000 buy 
orders for a Tape A non-derivative security on a given day and that 
380,000 of those orders are Wide orders. Also assume that 200,000 such 
W and N orders are cancelled. Pursuant to the proposed formula, the 
difference between W (380,000) and the product of N and the 
corresponding N multiplier of two (40,000) is 340,000. Dividing that 
figure by the number of orders which were executed (E or 1,000) gives 
us an order cancellation ratio of 340. Since the corresponding order 
cancellation ratio of a Tape A non-derivative security is 150, a 
cancellation fee of $2,000, which is the product of 200,000 
cancellations and $0.01 per order cancelled, would be assessed on this 
day, to this Participant, with respect to this specific security.
    The purpose of this order cancellation fee is to incent 
Participants to submit orders which, when quoted, are at or close to 
the NBBO or, at the very least, compensate the Exchange for the 
processing and electronic storage costs associated with orders which 
rarely execute. Under the proposed formula, the likelihood that the 
cancellation fee would be imposed increases with the number of Wide 
orders submitted by the Participant. The formula is designed to isolate 
a pattern of behavior in which a Participant submits orders well 
outside the NBBO and frequently cancels and reenters such orders to 
continuously stay outside the NBBO.\20\ Participants that submit a 
small number of Wide orders or submit a relatively large number of Near 
orders are unlikely to be impacted by the proposed fee. Moreover, the 
Minimum Duration parameter will prevent Participants from gaming the 
formula by submitting orders which result in undesirable ``flickering 
quotes'' and the Nmult will allow the Exchange to multiply 
the mitigating effect of Near orders on the order cancellation ratio 
when necessary. In addition, the likelihood that the cancellation fee 
will be assessed diminishes as the number of orders actually executed 
(E) increases. As such, the proposed order cancellation fee will have 
the dual effect of promoting order execution and compensating the 
Exchange for the processing and electronic storage costs associated 
with orders which ``quote around'' the NBBO and rarely execute.
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    \20\ Although the Exchange is not privy to the trading 
strategies of the firms submitting large numbers of orders well 
outside the NBBO, it appears that they are hoping to benefit from 
Intermarket Sweep Order (``ISO'') satisfaction orders sent to the 
Exchange pursuant to the requirements of Regulation NMS when a trade 
through occurs on another trading center and the Wide orders are at 
the CHX BBO. Since the sending of ISO satisfaction orders is not 
required for non-Regular Trading Session activity, we are excluding 
such activity from the proposed fee.
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    The Exchange believes that the proposed order cancellation fee 
benefits the national market system by promoting the display of Near 
orders, which will result in increased displayed liquidity and reduced 
order cancellations. This will, in turn, relieve the Exchange's systems 
capacity and will result in decreased order and market data storage 
costs. Since Wide orders are infrequently executed, such orders are 
more expensive, on a relative basis, for the Exchange to receive and 
process.
    The Exchange proposes to implement the cancellation charge 
effective November 2, 2012. The formula by which the cancellation fee 
is derived shall be calculated and made available to Participants 
daily, but billed after the end of the month.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act \21\ in general, and furthers the 
objectives of Section 6(b)(4) of the Act \22\ in particular, in that it 
provides for the equitable allocation of reasonable dues, fees and 
other charges among members and other persons using any facility or 
system which the Exchange operates or controls. The Exchange believes 
that amendments to the order cancellation fee described herein should 
help to recoup some of the costs of administering and processing large 
numbers of cancelled orders while fairly allocating costs among 
Participants according to system use. In addition, these changes to the 
Fee Schedule would equitably allocate reasonable fees among 
Participants in a non-discriminatory manner by properly imposing fees 
on those Participants which excessively enter and subsequently cancel 
orders while not imposing fees on Participants that do not engage in 
this resource draining behavior. Furthermore, the proposed order 
cancellation fee of $0.01/order cancellation is reasonable in light of 
the fact that it is less than the current order

[[Page 69677]]

cancellation fee of $0.30/order cancellation.
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    \21\ 15 U.S.C. 78f.
    \22\ 15 U.S.C. 78f(b)(4).
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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.

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.

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

    The proposed rule change is to take effect pursuant to Section 
19(b)(3)(A)(ii) of the Act \23\ and subparagraph (f)(2) of Rule 19b-4 
thereunder \24\ because it establishes or changes a due, fee or other 
charge applicable to the Exchange's members and non-members, which 
renders the proposed rule change effective upon filing.
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    \23\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \24\ 17 CFR 240.19b-4(f)(2).
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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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-CHX-2012-15 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-CHX-2012-15. 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 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 CHX. 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-CHX-2012-15, and should be submitted on or before 
December 11, 2012.
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    \25\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\25\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-28135 Filed 11-19-12; 8:45 am]
BILLING CODE 8011-01-P