[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Notices]
[Pages 62841-62842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24653]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70655; File No. SR-BX-2013-054]


Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of 
Filing 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 Greater

October 10, 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 September 27, 2013, NASDAQ OMX BX, Inc. (``BX'' 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 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 greater. The Exchange will implement the proposed rule change 
on October 1, 2013.
    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.

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 amend the credit it pays with respect 
to routable orders that access liquidity on the Exchange (either before 
or after routing to other venues). Currently, the Exchange pays a 
credit of $0.0013 or $0.0011 per share executed for orders that execute 
at BX if the member achieves certain volume tiers and a credit of 
$0.0007 per share executed if such tiers are not reached. However, the 
Exchange pays a credit of $0.0014 per share executed with respect to 
routable orders (specifically, orders using the Exchange's BSTG, BSCN, 
BMOP, BTFY, BCRT, BDRK, or BCST routing strategies) if such orders 
execute at the Exchange. The Exchange is reducing this credit to 
$0.0011 per share executed, as a means of reducing costs in a period of 
persistent low trading volumes. The Exchange notes, however, that it is 
still providing an incentive for members to use the Exchange's routing 
functionality by paying a credit available to all members, regardless 
of their trading volumes, that exceeds the base credit of $0.0007 per 
share executed otherwise available.\3\
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    \3\ The Exchange notes that the credits discussed above do not 
apply to orders that execute against midpoint pegged orders, since 
such orders receive price improvement in lieu of an Exchange-paid 
credit.
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2. Statutory Basis
    BX believes that the proposed rule change is consistent with the 
provisions of Section 6 of the Act,\4\ in general, and Sections 6(b)(4) 
and (b)(5) of the Act,\5\ 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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    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(4) and (b)(5).
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    The proposed change is reasonable because it reflects a modest 
decrease of $0.0003 per share executed in the credit paid to members 
with routable orders that execute at the Exchange. The resulting credit 
is comparable to the credit that members receive if they provide an 
average daily volume of at least 25,000, but less than 1 million, 
shares of liquidity during the month, which is a higher rate than the 
base rate of $0.0007 per share executed. The change is consistent with 
an equitable allocation of fees and is not unfairly discriminatory 
because it makes the credits applicable to routable orders that execute 
at the Exchange more consistent with the credits paid with respect to 
other orders that execute at the Exchange. Although the credit exceeds 
the base rate of $0.0007, the difference is not unfairly discriminatory 
because the credit offered with respect to routable orders is still 
available to all members, regardless of volume levels, and is intended 
to provide an incentive for BX members to make use of the Exchange's 
optional routing functionality.

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.\6\ 
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 decreased credit is intended to reduce the 
Exchange's costs, while still continuing to provide an incentive for

[[Page 62842]]

members to make use of its optional routing functionality. The reduced 
credit of $0.0011 per share executed continues to reflect a higher 
credit than the base credit of $0.0007 per share executed, and is 
available to all members, regardless of volume levels. Thus, it is 
intended to maintain an incentive for members to use BX's optional 
routing functionality. However, because there are numerous competitive 
alternatives to the use of this functionality, it is likely that BX 
will lose market share as a result of the changes if they are 
unattractive to market participants. Accordingly, 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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    \6\ 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 rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Act.\7\ 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: (i) Necessary or appropriate in the public interest; (ii) 
for the protection of investors; or (iii) otherwise in furtherance of 
the purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.
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    \7\ 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 [email protected]. Please include 
File Number SR-BX-2013-054 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-2013-054. 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-BX-2013-054 and 
should be submitted on or before November 12, 2013.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-24653 Filed 10-21-13; 8:45 am]
BILLING CODE 8011-01-P