[Federal Register Volume 79, Number 238 (Thursday, December 11, 2014)]
[Notices]
[Pages 73653-73655]
[FR Doc No: 2014-29007]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73761; File No. SR-EDGA-2014-29]

Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To
Eliminate Reference to the EdgeRisk Gateway in Rule 13.10 of EDGA
Exchange, Inc.

December 5, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 25, 2014, EDGA Exchange, Inc. (the ``Exchange'' or
``EDGA'') 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 Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it 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)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is proposing to eliminate reference in Rule 13.10 to
the EdgeRisk Gateway\SM\, which is a risk management tool that is to be
discontinued by the Exchange. The Exchange also proposes to delete the
fees related to EdgeRisk Gateway\SM\ from its fee schedule.
    The text of the proposed rule change is available at the Exchange's
Web site at http://www.directedge.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 parts of such
statements.

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

1. Purpose
    The Exchange proposes to delete reference to the EdgeRisk
Gateway\SM\ in Rule 13.10 as well as its related fees from the
Exchange's fee schedule. In sum, the EdgeRisk Gateway\SM\ is an
optional fee-based risk management tool that provides Members and non-
Members the option to obtain dedicated primary and backup access
gateways \5\ in addition to, or in place of, a shared access
gateway.\6\ The tool was intended to assist subscribers' efforts to
mitigate the risks associated with disruptions caused by excessive
message traffic or programming mistakes experienced via a shared access
gateway because the subscriber's order flow on its dedicated access
gateways would be insulated from such external disruptions.
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    \5\ The Exchange currently offers logical ports through which
order are submitted to the Exchange, receive drop copies of orders
and execution messages, and receive transmission of depth of book
data (``Logical Ports''). Each Logical Port is assigned an access
gateway that performs order validations and manages the cycle of a
submitted order's flow of information back to the Member. The access
gateway performs functions such as message validation,
acknowledgement messaging, risk checks, matching engine routing and
execution messaging. The Exchange currently assigns Members' and
non-Members' Logical Ports to the access gateways through a standard
method that accounts for the relative message traffic expected over
the Logical Port as well as redundancy requirements, where an access
gateway contains assigned Logical Ports for a number of firms. The
Exchange assigns Member and non-Member sessions to multiple access
gateways so that the failure of one gateway may not result in the
loss of access.
    \6\ See Securities Exchange Act Release No. 69856 (June 25,
2013), 78 FR 39395 (SR-EDGA-2013-16) (Notice of Filing and Immediate
Effectiveness of Proposed Rule Change to Offer and Establish Fees
for a New Exchange Service, EdgeRisk Gateways).
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    Earlier this year, the Exchange and its affiliate EDGX Exchange,
Inc. (``EDGX'') received approval to effect a merger (the ``Merger'')
of the Exchange's parent company, Direct Edge Holdings LLC, with BATS
Global Markets, Inc., the parent of BATS Exchange, Inc. (``BATS'') and
BATS Y-Exchange, Inc. (``BYX'', together with BATS, BYX, EDGA and EDGX,
the ``BGM Affiliated Exchanges'').\7\ In the context of the Merger, the
BGM Affiliated Exchanges are assessing certain system functionality,
retaining only intended

differences between the BGM Affiliated Exchanges. As part of this
effort, the Exchange proposes to: Delete reference to EdgeRisk
Gateway\SM\ in Rule 13.10 as well as its related fees from the
Exchange's fee schedule because it intends to discontinue offering this
product. Therefore, reference to the product within Exchange's rules
and applicable fees in its fee schedule would no longer serve any
legitimate purpose upon the product being retired by the Exchange. The
Exchange has few subscribers to the EdgeRisk Gateway\SM\ and has
determined that the current customer demand does not warrant the
infrastructure and ongoing maintenance expense required to support the
product within the new Exchange environment. Therefore, the Exchange
will terminate the product on January 12, 2015.
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    \7\ See Securities Exchange Act Release No. 71449 (January 30,
2014), 79 FR 6961 (February 5, 2014) (SR-EDGX-2013-43; SR-EDGA-2013-
34).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with the
requirements of Section 6(b) of the Act,\8\ in general, and Section
6(b)(5) of the Act,\9\ in particular, in that is promotes just and
equitable principles of trade, removes impediments to, and perfect the
mechanism of, a free and open market and a national market system, and,
in general, protects investors and the public interest. The Exchange
also believes that its proposal is consistent with Section 6(b)(4) of
the Act,\10\ in that it provides for the equitable allocation of
reasonable dues, fees and other charges among members and other persons
using its facilities.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ 15 U.S.C. 78f(b)(4).
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    Specifically, the proposal is consistent with Section 6(b)(5) of
the Act,\11\ in that it eliminates any investor confusion by deleting
references to a product, and its related fees, that is to be
discontinued by the Exchange, thereby removing impediments to and
perfecting the mechanism of a free and open market and a national
market system, and, in general, protecting investors and the public
interest. In addition, the Exchange has very few subscribers to
EdgeRisk GatewaySM and has determined that the current customer demand
does not warrant the infrastructure and ongoing maintenance expense
required to support the product within the new Exchange environment. In
addition, EdgeRisk GatewaySM is not a core product offering by the
Exchange, nor is the Exchange required by the Act to offer such a
product. The proposed rule change will not permit unfair discrimination
among customers, brokers, or dealers because the EdgeRisk GatewaySM
will no longer be offered by the Exchange.
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    \11\ 15 U.S.C. 78f(b)(5).
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    In addition, the Exchange believes that the proposed removal of the
fees for the EdgeRisk Gateway\SM\ from its fee schedule is consistent
with Section 6(b)(4) of the Act \12\ because it would delete fees for a
product that is to be discontinued by the Exchange, thereby eliminating
investor confusion. Lastly, the Exchange also believes that the
proposed amendment to its fee schedule is reasonable and non-
discriminatory because it will apply uniformly to all members.
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    \12\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange believes the proposal is consistent with Section
6(b)(8) of the Act \13\ in that it does not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The proposed rule change will discontinue
ConenctEdge [sic] by removing references to the service from its rules,
and its related fees from the fee schedule, and is not designed to have
a competitive impact. Therefore, the Exchange does not believe the
proposed rule change will have any effect on competition.
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    \13\ 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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Because the proposed rule change does not: (1) Significantly affect
the protection of investors or the public interest; (2) impose any
significant burden on competition; and (3) by its terms does not become
operative for 30 days after the date of this filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest, the proposed rule change has
become effective pursuant to Section 19(b)(3)(A) of the Act \14\ and
Rule 19b-4(f)(6) thereunder.\15\
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its 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 met this requirement.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily 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_ADDRESS>Please include
File Number SR-EDGA-2014-29 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-EDGA-2014-29. 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-
EDGA-2014-29 and should be submitted on or before January 2, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-29007 Filed 12-10-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: June 11, 2008 (Volume 73, Number 113)]
[Notices]
[Page 33133-33136]
[DOCID:fr11jn08-108]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57930; File No. SR-NASDAQ-2008-017]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of Amendment No. 1 and Order Granting Accelerated
Approval to Proposed Rule Change, as Modified by Amendment No. 1, To
Clarify the Listing of Additional Shares Notification Process

 June 5, 2008.

I. Introduction

    On March 6, 2008, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to modify Nasdaq's listing of additional

shares notification process.\3\ The proposed rule change was published
for comment in the Federal Register on April 10, 2008.\4\ The
Commission received no comments on the proposal as published. On May 7,
2008, the Exchange filed Amendment No. 1 to the proposed rule
change.\5\ This order provides notice of the proposed rule change, as
modified by Amendment No. 1, and approves the proposed rule change, as
modified by Amendment No. 1, on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ As part of the proposed rule filing, the Exchange submitted
a revised Listing of Additional Shares Notification Form conforming
the instructions on the Form to the corresponding proposed rule
changes.
    \4\ See Securities Exchange Act Release No. 57616 (April 3,
2008), 73 FR 19540.
    \5\ In Amendment No. 1, the Exchange modified the proposed
notice requirement in Rules 4310(c)(17)(A) and 4320(e)(15)(A)
relating to companies relying on the exception to shareholder
approval for inducement grants to new employees contained in Rule
4350(i)(1)(A)(iv). In the original filing, Nasdaq proposed that
notice of such an inducement grant would be required no later than
five calendar days after entering into the agreement to issue
securities. In Amendment No. 1, Nasdaq proposed to modify this
notification requirement so that notice of an inducement grant must
be provided no later than the earlier of: (1) Five calendar days
after entering into the agreement to issue securities; or (2) the
date of the public announcement of the award required by Rule
4350(i)(1)(A)(iv).
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II. Description of the Proposal

    Pursuant to Nasdaq Rules 4310(c)(17) and 4320(e)(15), a company is
required to provide 15 days notice to Nasdaq prior to issuing
securities or entering into transactions that would result in the
issuance of securities in certain specified situations set forth in the
rules. These notification requirements are intended to allow Nasdaq to
make compliance determinations regarding stock issuances that are
potentially subject to the shareholder approval rules.
    Nasdaq proposes to make certain modifications to its rules
governing the notification process for the listing of additional
shares. First, Nasdaq proposes to clarify the timing of the notice
requirement contained in Rules 4310(c)(17)(D) and 4320(e)(15)(D).
Currently, the rules provide that notifications under these
subparagraphs are required prior to ``entering into'' a transaction
that may result in the potential issuance of common stock (or
securities convertible into common stock) greater than 10% of either
the total shares outstanding or the voting power outstanding on a pre-
transaction basis. Nasdaq states that, in practice, it has treated this
requirement as being satisfied if the company files the required
notification 15 days before issuing the securities, rather than 15 days
prior to entering into the transaction. Because such interpretation is
not transparent from the rule, Nasdaq proposes to revise these
provisions so that it is clear that notice will instead be required
prior to ``issuing'' such securities.
    Second, Nasdaq proposes to modify the notice requirement contained
in Rules 4310(c)(17)(A) and 4320(e)(15)(A) as it relates to companies
relying on the exception to shareholder approval for inducement grants
to new employees contained in Rule 4350(i)(1)(A)(iv).\6\ Currently, the
rule provides that an issuer is required to notify Nasdaq at least 15
calendar days prior to establishing or materially amending a stock
option plan, purchase plan or other equity compensation arrangement
pursuant to which stock may be acquired by officers, directors,
employees, or consultants without shareholder approval. Nasdaq asserts
that, because inducement grants can be made at the time the employment
offer is accepted, companies may not be able to provide 15 days of
advance notice. Therefore, Nasdaq proposes to modify the notice
requirement to require notification of such inducement grants no later
than the earlier of: (1) Five calendar days after entering into the
agreement to issue the securities; or (2) the date of the public
announcement of the award required by Rule 4350(i)(l)(A)(iv).\7\
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    \6\ Rule 4350(i)(1)(A)(iv) allows an exception to the
requirement to obtain shareholder approval for equity compensation
for certain ``issuances to a person not previously an employee or
director of the company, or following a bona fide period of non-
employment, as an inducement material to the individual's entering
into employment with the company.''
    \7\ See Amendment No. 1, supra note 5.
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    Third, Nasdaq proposes to amend Rules 4310(c)(17) and 4320(e)(15)
to clarify that the notifications required by these rules must be made
on a Listing of Additional Shares (``LAS'') Notification Form \8\ and
that Nasdaq encourages companies to file the form as soon as
practicable. In addition, in an effort to provide transparency to the
consequences of failing to timely file LAS notifications, Nasdaq
proposes to amend the rules to specifically state that if a company
fails to timely file the LAS notification, Nasdaq may issue a Staff
Determination (pursuant to the Rule 4800 Series) that is a public
reprimand letter or a delisting determination. Nasdaq notes that, in
determining whether to issue a Staff Determination, and whether such a
Staff Determination would be a delisting determination or a public
reprimand letter, Nasdaq would consider whether the issuer has
demonstrated a pattern of late filings, the length of such filing
delays, the reason for the delays, whether the issuer has been
contacted concerning previous violations, whether the underlying
transactions were themselves non-compliant, and whether the issuer has
taken steps to assure that future violations will not occur.
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    \8\ See supra note 3.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange
and, in particular, with Section 6(b)(5) of the Act,\9\ which requires,
among other things, that the rules of a national securities exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, 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.\10\
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    \9\ 15 U.S.C. 78f(b)(5).
    \10\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
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    The Commission believes that amending the timing requirement in
Rules 4310(c)(17)(D) and 4320(e)(15)(D) to require that notification be
made 15 days prior to issuing securities, rather than prior to entering
into the specified transactions, will provide issuers certainty as to
what point in a transaction the latest notification can be provided
under Nasdaq's rule, as well as eliminate any ambiguity surrounding the
application of this rule. Further, this proposed rule change will make
the timing requirement in subparagraph (D) of Rules 4310(c)(17) and
4320(e)(15) consistent with the timing requirement for notification of
other types of issuances of stock under the rules, which require
notification 15 days prior to the issuance of securities.\11\ At the
same time, Nasdaq has assured the Commission that 15 days notice prior
to issuance should continue to give

Nasdaq enough time to review the LAS notifications to ensure that stock
issuances comply with the Nasdaq rules and, in particular, Nasdaq's
shareholder approval requirements. As such, the Commission believes
that the proposed rule change is consistent with the protection of
investors and the public interest. The Commission also notes that the
proposed rule language and the instructions to the LAS Notification
Form urge issuers to file the form as soon as practicable, even if all
of the relevant terms of the transaction or required documentation are
not yet available. The Commission would hope that issuers would provide
the required LAS Notification Form to Nasdaq as soon as possible to
ensure timely compliance with any shareholder approval that may be
required.
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    \11\ In particular, paragraph (B) of Rules 4310(c)(17) and
4320(e)(15) require issuers to notify Nasdaq 15 calendar days prior
to issuing securities that may potentially result in a change of
control of the issuer. Further, paragraph (C) requires issuers to
notify Nasdaq 15 calendar days prior to issuing any common stock in
connection with the acquisition of the stock or assets of another
company, if any officer or director or substantial shareholder of
the issuer has a 5% or greater interest in the company to be
acquired or in the consideration to be paid. (emphasis added)
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    The Commission also believes that the modification to the timing
requirement for companies making an inducement grant is appropriate for
this narrow category of stock issuances. The Commission notes that
Nasdaq has represented that, as a practical matter, it often is not
possible for companies to provide advance notice of inducement grants,
because such grants are often made at the time the employment offer is
accepted. Accordingly, modifying the timing requirement to require
companies to provide notice to Nasdaq no later than the earlier of:
five calendar days after entering into the agreement to issue the
securities; or the date of the public announcement of the award,\12\
should make it more feasible for companies to timely meet the
notification requirement. At the same time, the Commission believes
that the modified timing requirement is consistent with the protection
of investors and the public interest because such inducement grants are
permitted without shareholder approval pursuant to Nasdaq Rule
4350(i)(1)(A)(iv). Therefore, unlike other stock issuances under
Nasdaq's shareholder approval rules, Nasdaq does not need to make a
compliance determination as to whether shareholder approval is required
prior to the issuance. The Commission notes, however, that Nasdaq still
would need to make a determination that the inducement grant meets the
requirements of the exception provided in Nasdaq Rule
4350(i)(1)(A)(iv).\13\ As such, the Commission believes that the
modified timing requirement for inducement grants is appropriate and
balances the timing needs of issuers relying on the inducement grant
exception with Nasdaq's compliance responsibility to ensure that the
issuer is appropriately relying on the inducement grant exception, and
has met the Rule 4350(i)(1)(A)(iv) requirements for doing so.
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    \12\ See Nasdaq Rule 4350(i)(1)(A)(iv), which requires that,
promptly following the issuance of any employment inducement grant
made in reliance on the exception in such rule, a company must
disclose in a press release the material terms of the grant.
    \13\ Specifically, Rule 4350(i)(1)(A)(iv) provides that
shareholder approval is not required for issuances to a person not
previously an employee or director of the company, or following a
bona fide period of non-employment, as an inducement material to the
individual's entering into employment with the company, provided
such issuances are approved by either the issuer's independent
compensation committee or a majority of the issuer's independent
directors. Promptly following an issuance of any employment
inducement grant in reliance on this exception, a company must
disclose in a press release the material terms of the grant,
including the recipient(s) of the grant and the number of shares
involved.
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    Finally, the Commission believes that the additional proposed
changes provide clarity and transparency to the operation of the
notification requirements. In particular, the proposed changes clarify
that notifications must be made on the LAS Notification Form and that
Nasdaq encourages companies to file the form as soon as practicable
even if all of the relevant terms are not yet known. The Commission
also notes that it reviewed Nasdaq's revised LAS Notification Form and
believes that the instructions on the form appropriately reflect the
corresponding proposed rule changes. Further, the proposed changes
clarify the consequences of failing to timely file the form by
expressly stating that in such instances, Nasdaq may issue a Staff
Determination that is either a public reprimand letter or a delisting
determination. In this regard, the Commission notes that it expects
Nasdaq to carefully monitor compliance with the notification
requirements and to take appropriate action as necessary. In
particular, because of the importance of shareholder approval, the
Commission expects that in cases where failure to timely file the
notification form is coupled with a failure to meet the shareholder
approval requirements, Nasdaq will take action that is suitable for
violations of such rules.
    The Commission finds good cause for approving the proposed rule
change, as modified by Amendment No. 1, before the thirtieth day after
the date of publication of notice of filing thereof in the Federal
Register. In Amendment No. 1, the Exchange modified the proposed notice
requirement for companies issuing inducement grants to new employees.
In the original filing, Nasdaq proposed that notice of such an
inducement grant would be required no later than five calendar days
after entering into the agreement to issue securities. In Amendment No.
1, Nasdaq proposed to modify this notification requirement so that
notice of an inducement grant must provided no later than the earlier
of: (1) Five calendar days after entering into the agreement to issue
securities; or (2) the date of the public announcement of the award
required by Rule 4350(i)(1)(A)(iv). The Commission believes that the
changes in Amendment No. 1 ensure that Nasdaq receives appropriate
notice about an inducement grant no later than the date that the public
is notified about such issuance pursuant to Rule 4350(i)(1)(A). As
such, the Commission believes that Amendment No. 1 raises no new or
novel regulatory issues and is consistent with the protection of
investors and the public interest. Accordingly, the Commission finds
good cause, consistent with Section 19(b)(2) of the Act,\14\ to approve
the proposed rule change, as modified by Amendment No. 1, on an
accelerated basis.
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    \14\ 15 U.S.C. 78s(b)(2).
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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, as modified by Amendment No. 1, 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2008-017 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2008-017. This
file number should be included on the subject line if e-mail 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 inspection and copying in the
Commission's Public Reference Room, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of Nasdaq.
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-2008-
017 and should be submitted on or before July 2, 2008.

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\15\ that the proposed rule change (SR-NASDAQ-2008-017), as
modified by Amendment No. 1, be, and hereby is, approved on an
accelerated basis.
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    \15\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-13067 Filed 6-10-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 56 (Thursday, March 22, 2012)]
[Notices]
[Page 16828]
[FR Doc No: 2012-6883]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IN12-7-000]

Constellation Energy Commodities Group, Inc.; Notice of
Designation of Certain Commission Personnel as Non-Decisional

    Commission staff members Sandra Waldstein and Joyce Davidson, both
of the Office of External Affairs, are assigned to facilitate
communication with affected states. The affected states, in New York
Independent System Operator, Inc., ISO New England Inc., and PJM
Interconnection, L.L.C., are eligible to make requests for the
apportionment of a fund the Commission established in a March 9, 2012
order in the above-referenced docket.
    As ``non-decisional'' staff, Ms. Waldstein and Ms. Davidson will
not participate in an advisory capacity in the Commission's review of
any future filings in the above-referenced docket, including offers of
settlement or settlement agreements.
    Different Commission ``advisory staff'' will be assigned to review
and process subsequent filings that are made in the above-referenced
docket, including any offer of settlement or settlement agreement. Non-
decisional staff and advisory staff are prohibited from subsequent
communications with one another concerning matters in the above-
referenced docket.

    Dated: March 16, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-6883 Filed 3-21-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 21, 2009 (Volume 74, Number 202)]
[Rules and Regulations]
[Page 53889]
[DOCID:fr21oc09-6]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 213

[Docket No. FRA-2008-0036]
RIN 2130-AB90

Track Safety Standards; Continuous Welded Rail (CWR)

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Correcting amendment.

-----------------------------------------------------------------------

SUMMARY: FRA published a final rule in the Federal Register on August
25, 2009, revising the Track Safety Standards. The final rule included
compliance dates for Class I, II, and III railroads only. The final
rule inadvertently omitted compliance dates for commuter railroads,
intercity passenger railroads, and any other additional railroads that
have continuous welded rail (CWR). This document corrects the final
rule by including compliance dates for the omitted railroads and
amending a reference to the effective date in the rule text.

DATES: Effective date: This correcting amendment is effective October
21, 2009. Compliance dates: October 9, 2009 for Class I railroads;
November 23, 2009 for Class II railroads, commuter railroads, and
intercity passenger railroads; and February 22, 2010 for Class III
railroads and any other additional railroads with CWR.

FOR FURTHER INFORMATION CONTACT: Kenneth Rusk, Staff Director, Office
of Railroad Safety, FRA, 1200 New Jersey Avenue, SE., Washington, DC
20590 (telephone:<PHONE_NUMBER>); or Sarah Grimmer Yurasko, Trial
Attorney, Office of the Chief Counsel, FRA, 1200 New Jersey Avenue,
SE., Washington, DC 20950 (telephone:<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION: So that the agency would be better able to
review CWR plans as required by the final rule published August 25,
2009 (74 FR 42988), FRA determined that there are three different
compliance dates for railroads containing CWR, based on the railroad
size.\1\ In the final rule, FRA stated that the compliance date for
Class I railroads is October 9, 2009 (45 days after the publication
date), the compliance date for Class II railroads is November 23, 2009
(90 days after the publication date), and the compliance date is
February 22, 2010 (180 days after the publication date) for Class III
railroads. FRA inadvertently left commuter railroads, intercity
passenger railroads, and any other additional railroads with CWR track
out of the compliance schedule; therefore, FRA is now clarifying that
the compliance date for commuter railroads and intercity passenger
railroads is November 23, 2009, and the compliance date for any other
additional railroads with CWR is February 22, 2010.
---------------------------------------------------------------------------

    \1\ See 49 CFR 1201.1-1(a).
---------------------------------------------------------------------------

    Due to this inadvertent error, FRA is also changing the date listed
at 49 CFR 213.119(c)(2). This paragraph states that, in the case of a
bolted joint installed during CWR installation after August 25, 2009
(the publication date of the final rule), within 60 days the track
owner must either: (1) Weld the joint; (2) install a joint with six
bolts; \2\ or (3) anchor every tie 195 feet in both directions of the
joint.
---------------------------------------------------------------------------

    \2\ See 49 CFR 213.121(e), stating that, in the case of CWR,
each rail shall be bolted with at least two bolts at each joint.
This is a total of four bolts required at each joint.
---------------------------------------------------------------------------

List of Subjects in 49 CFR Part 213

    Penalties, Railroad safety, Reporting and recordkeeping
requirements.

0
Accordingly, 49 CFR part 213 is corrected by making the following
correcting amendment:

PART 213--TRACK SAFETY STANDARDS

0
1. The authority citation for part 213 continues to read as follows:

    Authority:  49 U.S.C. 20102-20114 and 20142; 28 U.S.C. 2461,
note; and 49 CFR 1.49(m).

Sec.  213.119  [Amended]

0
2. In Sec.  213.119(c)(2), remove the date of ``August 25, 2009'', and
add in its place ``October 21, 2009''.

    Issued in Washington, DC, on September 30, 2009.
Joseph C. Szabo,
Administrator.
[FR Doc. E9-25278 Filed 10-20-09; 8:45 am]

BILLING CODE 4910-06-P


[Federal Register Volume 79, Number 66 (Monday, April 7, 2014)]
[Notices]
[Page 19102]
[FR Doc No: 2014-07659]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-P-1199]

Determination That SKELAXIN (Metaxalone) Tablets, 400 Milligrams,
Was Not Withdrawn From Sale for Reasons of Safety or Effectiveness

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined that SKELAXIN (metaxalone) Tablets, 400 milligrams (mg), was
not withdrawn from sale for reasons of safety or effectiveness. This
determination will allow FDA to approve abbreviated new drug
applications (ANDAs) for SKELAXIN (metaxalone) Tablets, 400 mg, if all
other legal and regulatory requirements are met.

FOR FURTHER INFORMATION CONTACT: Na'Im R. Moses, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6226, Silver Spring, MD 20993-0002, 240-
402-3990.

SUPPLEMENTARY INFORMATION: In 1984, Congress enacted the Drug Price
Competition and Patent Term Restoration Act of 1984 (Pub. L. 98-417)
(the 1984 amendments), which authorized the approval of duplicate
versions of drug products under an ANDA procedure. ANDA applicants
must, with certain exceptions, show that the drug for which they are
seeking approval contains the same active ingredient in the same
strength and dosage form as the ``listed drug,'' which is a version of
the drug that was previously approved. ANDA applicants do not have to
repeat the extensive clinical testing otherwise necessary to gain
approval of a new drug application (NDA).
    The 1984 amendments include what is now section 505(j)(7) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)), which
requires FDA to publish a list of all approved drugs. FDA publishes
this list as part of the ``Approved Drug Products With Therapeutic
Equivalence Evaluations,'' which is known generally as the ``Orange
Book.'' Under FDA regulations, drugs are removed from the list if the
Agency withdraws or suspends approval of the drug's NDA or ANDA for
reasons of safety or effectiveness or if FDA determines that the listed
drug was withdrawn from sale for reasons of safety or effectiveness (21
CFR 314.162).
    A person may petition the Agency to determine, or the Agency may
determine on its own initiative, whether a listed drug was withdrawn
from sale for reasons of safety or effectiveness. This determination
may be made at any time after the drug has been withdrawn from sale,
but must be made prior to approving an ANDA that refers to the listed
drug (Sec.  314.161 (21 CFR 314.161)). FDA may not approve an ANDA that
does not refer to a listed drug.
    SKELAXIN (metaxalone) Tablets, 400 mg, is the subject of NDA 13-
217, held by King Pharmaceuticals, Inc., and initially approved on
August 13, 1962. SKELAXIN (metaxalone) is indicated as an adjunct to
rest, physical therapy, and other measures for the relief of
discomforts associated with acute, painful musculoskeletal conditions.
    The 400-mg dosage strength is currently listed in the
``Discontinued Drug Product List'' section of the Orange Book. The
applicant continues to manufacture and distribute an 800-mg strength
tablet of this drug product.
    CorePharma, LLC, submitted a citizen petition dated September 19,
2013 (Docket No. FDA-2013-P-1199), under 21 CFR 10.30, requesting that
the Agency determine whether SKELAXIN (metaxalone) Tablets, 400 mg, was
withdrawn from sale for reasons of safety or effectiveness.
    After considering the citizen petition and reviewing Agency
records, and based on the information we have at this time, FDA has
determined under Sec.  314.161 that SKELAXIN (metaxalone) Tablets, 400
mg, was not withdrawn for reasons of safety or effectiveness. The
petitioner has identified no data or other information suggesting that
SKELAXIN (metaxalone) Tablets, 400 mg, was withdrawn for reasons of
safety or effectiveness. We have carefully reviewed our files for
records concerning the withdrawal of SKELAXIN (metaxalone) Tablets, 400
mg, from sale. We have also independently evaluated relevant literature
and data for possible postmarketing adverse events. We have reviewed
the available evidence and determined that the product was not
withdrawn from sale for reasons of safety or effectiveness.
    Accordingly, the Agency will continue to list SKELAXIN (metaxalone)
Tablets, 400 mg, in the ``Discontinued Drug Product List'' section of
the Orange Book. The ``Discontinued Drug Product List'' delineates,
among other items, drug products that have been discontinued from
marketing for reasons other than safety or effectiveness. ANDAs that
refer to SKELAXIN (metaxalone) Tablets, 400 mg, may be approved by the
Agency as long as they meet all other legal and regulatory requirements
for the approval of ANDAs. If FDA determines that labeling for this
drug product should be revised to meet current standards, the Agency
will advise ANDA applicants to submit such labeling.

    Dated: April 1, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-07659 Filed 4-4-14; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 78, Number 157 (Wednesday, August 14, 2013)]
[Notices]
[Pages 49584-49586]
[FR Doc No: 2013-19672]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70138; File No. SR-BOX-2013-40

Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend Fees for Jumbo SPY Option Transactions

August 8, 2013.
    Pursuant to Section 19(b)(1) under the Securities Exchange Act of
1934 (the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby
given that on August 1, 2013, BOX Options Exchange LLC (the
``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. The
Exchange filed the proposed rule change pursuant to Section
19(b)(3)(A)(ii) 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing with the Securities and Exchange Commission
(``Commission'') a proposed rule change to amend the Fee Schedule to
amend fees for Jumbo SPY Option transactions on the BOX Market LLC
(``BOX'') options facility. While changes to the fee schedule pursuant
to this proposal will be effective upon filing, the changes will become
operative on August 1, 2013. The text of the proposed rule change is
available from the principal office of the Exchange, at the
Commission's Public Reference Room and also on the Exchange's Internet
Web site at http://boxexchange.com.

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.

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

1. Purpose
    The Exchange began listing and trading a new options product, Jumbo
SPY Options,\5\ on May 10, 2013.\6\ Except for the difference in the
number of deliverable shares, Jumbo SPY Options have the same terms and
contract characteristics as regular-sized options contracts (``standard
options''), including exercise style. The purpose of this filing is to
amend the transaction fees to further promote trading in Jumbo SPY
Options.
---------------------------------------------------------------------------

    \5\ Option contracts overlying 1,000 shares of the SPDR[supreg]
S&P[supreg] 500 Exchange-Traded Funds. ``SPDR[supreg],'' ``Standard
& Poor's[supreg],'' ``S&P[supreg],'' ``S&P 500[supreg],'' and
``Standard & Poor's 500'' are registered trademarks of Standard &
Poor's Financial Services LLC. The SPY ETF represents ownership in
the SPDR S&P 500 Trust, a unit investment trust that generally
corresponds to the price and yield performance of the SPDR S&P 500
Index.
    \6\ See Securities Exchange Act Release No. 69511 (May 03, 2013)
78 FR 27271 (May 9, 2013) (Order Approving SR-BOX-2013-06).
---------------------------------------------------------------------------

Section I. Exchange Fees
    The Exchange proposes to remove the Exchange Fees for Jumbo SPY
Option transactions. Currently the Exchange assesses a distinct fee for
both Auction and Non-Auction Transactions in Jumbo SPY Options based on
account type. The Exchange proposes to amend this category and assess a
$0.00 per Jumbo SPY Option contract fee for all account types.
Specifically, the Exchange proposes to lower the per-contract fee for
Professional Customers and Broker-Dealers from $0.25 to $0.00. For
Market Makers, the Exchange proposes to lower the per-contract fee from
$0.25 or the tiered per-contract execution fee based upon the
Participant's monthly average daily volume (``ADV'') to $0.00. The
$0.00 per contract fee for Public Customers will not change.
    Jumbo SPY Options transactions will continue to count the same as
standard options transactions for the purposes of ADV under Section
I.A. and I.B. For example, a Broker-Dealer initiating a Jumbo SPY
Option Primary Improvement Order would be charged according to the
proposed Jumbo SPY Options transaction sub-section outlined above, or
$0.00. However, this transaction would count toward that Broker-
Dealer's ADV in Auction Transactions under Section I.A.
Section II. Liquidity Fees and Credits
    The Exchange currently assesses liquidity fees and credits for all
options classes traded on BOX (unless explicitly stated otherwise) that
are applied in addition to any applicable Exchange Fees as described
above. The Exchange proposes to amend Section II. (Liquidity Fees and
Credits) to adopt a pricing model for Jumbo SPY Options where the
Exchange will credit liquidity providers and assess a fee on liquidity
takers. Specifically, the Exchange proposes to assess a $0.30 credit
for Jumbo SPY Options transactions that add liquidity and charge a
$0.50 fee for Jumbo SPY Options transactions that remove liquidity.
These fees and credits would apply to both Auction and Non-Auction
transactions in Jumbo SPY Options.
    The Exchange notes that the liquidity pricing proposed for Jumbo
SPY Options is different from the liquidity pricing currently in place
under Section II. The pricing model proposed above for Jumbo SPY
Options is commonly known as a ``Make/Take'' model; for all other
options classes the Exchange has adopted a ``Take/Make'' model whereby
orders that add liquidity to the BOX Book are charged a fee, and orders
that remove liquidity receive a credit. The Exchange believes the
``Make/Take'' model is more appropriate to promote liquidity for the
Jumbo SPY Options product. Jumbo SPY Options were designed to help
institutional investors mitigate the risks inherent in managing large
portfolios,\7\ and these investors are more familiar with being
rewarded for providing liquidity.\8\
---------------------------------------------------------------------------

    \7\ Id.
    \8\ The ``Make/Take'' model is currently used by the Chicago
Board Options Exchange Incorporated (``CBOE''), the International
Securities Exchange LLC.(``ISE') and NASDAQ OMX PHLX LLC.
(``PHLX'').

---------------------------------------------------------------------------

    Accordingly, the Exchange also proposes to remove the statement in
Section II.E. (Exempt Transactions) which exempts Jumbo SPY Options
transactions from liquidity fees and credits.
 2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\9\ in general, and Sections
6(b)(4) and 6(b)(5) of the Act,\10\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees, and other
charges among BOX Participants and other persons using its facilities
and does not unfairly discriminate between customers, issuers, brokers
or dealers.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

Exchange Fees
    The Exchange believes it is reasonable and equitable to lower all
Exchange Fees for Jumbo SPY Options to $0.00. This is a new options
product and assessing a lower fee than would otherwise apply will help
generate additional trading in Jumbo SPY Options. The Exchange also
believes it is equitable and not unfairly discriminatory to charge no
Exchange Fees for Jumbo SPY Options as this applies equally to all
Participants on the Exchange.
Liquidity Fees and Credits
    The Exchange believes it is reasonable, equitable and not unfairly
discriminatory to adopt liquidity fees and credits for Jumbo SPY
Options because pricing by symbol is a common practice on many U.S.
options [sic] as a means to incentivize order flow.\11\
---------------------------------------------------------------------------

    \11\ See supra, note 8.
---------------------------------------------------------------------------

    The Exchange's proposed Jumbo SPY Options fees and credits, which
are commonly known as a ``Make/Take'' pricing model, are reasonable
because the Exchange desires to incentivize market participants to
transact a greater number of Jumbo SPY Options. The Exchange is
offering pricing specific to Jumbo SPY Options because this is a new
options product offered only on the Exchange, and the Exchange believes
adopting this type of pricing model will increase liquidity in Jumbo
SPY Options by incentivizing participants to provide more order flow in
this product, ultimately benefiting all market participants through
increased liquidity, tighter markets and increased order interaction.
    The Exchange believes it is reasonable for Participants to be
charged a higher fee for orders removing liquidity in Jumbo SPY Options
transactions when compared to the credit they will receive for orders
that add liquidity. As stated above, this is a common model in the
options industry. Further, the Exchange's proposed pricing model for
Jumbo SPY Options is equitable and not unfairly discriminatory as these
liquidity fees and credits apply equally to all Participants and across
all account types on the Exchange.

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 not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange believes that
removing all Exchange fees and adopting a ``Make/Take'' pricing model
for Jumbo SPY Options will encourage order flow to be directed to the
Exchange, which will benefit all market participants by increasing
liquidity on the Exchange. Specifically, the Exchange believes this
will incentivize market participants to trade this new product and will
not impose a burden on competition among various market participants on
the Exchange but rather will continue to promote competition on the
Exchange.
    The Exchange believes that the adopting of the proposed fees for
Jumbo SPY Options will not impose any unnecessary burden on intermarket
competition because even though Jumbo SPY Options are currently only
listed on the Exchange, the Exchange operates in a highly competitive
market compromised of eleven exchanges, any of which may determine to
trade a similar product. Also, Jumbo SPY Options should result in
increased options volume and greater trading opportunities for all
market participants.
    The Exchange also believes that adopting fees on Jumbo SPY Options
will not impose a burden on competition among various market
participants on the Exchange. The proposed fees apply equally to all
Participants and across all account types on the Exchange.
    Accordingly, the fees that are assessed by the Exchange described
in the above proposal are influenced by these robust market forces and
therefore must remain competitive with fees charged by other venues for
other products, and therefore must continue to be reasonable and
equitably allocated.

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 Exchange Act \12\ and Rule 19b-4(f)(2)
thereunder,\13\ because it establishes or changes a due, or fee, or
other charge applicable only to a member.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \13\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend the rule
change if it appears to the Commission that the action is necessary or
appropriate in the public interest, for the protection of investors, or
would otherwise further 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.

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_ADDRESS>Please include
File Number SR-BOX-2013-40 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-BOX-2013-40. 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
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-BOX-2013-40 and should be submitted on or before
September 4, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-19672 Filed 8-13-13; 8:45 am]
BILLING CODE 8011-01-P